36 Parts 1 to 199 Revised as of July 1, 2001
Parks, Forests, and Public Property
Containing a codification of documents of general applicability and future effect
As of July 1, 2001
With Ancillaries
Published by Office of the Federal Register National Archives and Records Administration
A Special Edition of the Federal Register
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For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: (202) 512-1800 Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402–0001
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Page Explanation ...... v
Title 36:
Chapter I—National Park Service, Department of the Interior ...... 3
Finding Aids:
Table of CFR Titles and Chapters ...... 429
Alphabetical List of Agencies Appearing in the CFR ...... 447
List of CFR Sections Affected ...... 457
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To cite the regulations in this volume use title, part and section num- ber. Thus, 36 CFR 1.1 refers to title 36, part 1, section 1.
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The Code of Federal Regulations is a codification of the general and permanent rules published in the Federal Register by the Executive departments and agen- cies of the Federal Government. The Code is divided into 50 titles which represent broad areas subject to Federal regulation. Each title is divided into chapters which usually bear the name of the issuing agency. Each chapter is further sub- divided into parts covering specific regulatory areas. Each volume of the Code is revised at least once each calendar year and issued on a quarterly basis approximately as follows: Title 1 through Title 16...... as of January 1 Title 17 through Title 27 ...... as of April 1 Title 28 through Title 41 ...... as of July 1 Title 42 through Title 50...... as of October 1 The appropriate revision date is printed on the cover of each volume. LEGAL STATUS The contents of the Federal Register are required to be judicially noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie evidence of the text of the original documents (44 U.S.C. 1510). HOW TO USE THE CODE OF FEDERAL REGULATIONS The Code of Federal Regulations is kept up to date by the individual issues of the Federal Register. These two publications must be used together to deter- mine the latest version of any given rule. To determine whether a Code volume has been amended since its revision date (in this case, July 1, 2001, consult the ‘‘List of CFR Sections Affected (LSA),’’ which is issued monthly, and the ‘‘Cumulative List of Parts Affected,’’ which appears in the Reader Aids section of the daily Federal Register. These two lists will identify the Federal Register page number of the latest amendment of any given rule. EFFECTIVE AND EXPIRATION DATES Each volume of the Code contains amendments published in the Federal Reg- ister since the last revision of that volume of the Code. Source citations for the regulations are referred to by volume number and page number of the Federal Register and date of publication. Publication dates and effective dates are usu- ally not the same and care must be exercised by the user in determining the actual effective date. In instances where the effective date is beyond the cut- off date for the Code a note has been inserted to reflect the future effective date. In those instances where a regulation published in the Federal Register states a date certain for expiration, an appropriate note will be inserted following the text. OMB CONTROL NUMBERS The Paperwork Reduction Act of 1980 (Pub. L. 96–511) requires Federal agencies to display an OMB control number with their information collection request.
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RAYMOND A. MOSLEY, Director, Office of the Federal Register. July 1, 2001.
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Title 36—PARKS, FORESTS, AND PUBLIC PROPERTY is composed of three volumes. The parts in these volumes are arranged in the following order: Parts 1 to 199, parts 200 to 299, and part 300 to end. The contents of these volumes represent all current regulations codified under this title of the CFR as of July 1, 2001.
Redesignation tables appear in the Finding Aids section of the third volume.
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(This book contains parts 1 to 199)
Part
CHAPTER I—National Park Service, Department of the Inte- rior ...... 1
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Part Page 1 General provisions ...... 5 2 Resource protection, public use and recreation ...... 17 3 Boating and water use activities ...... 32 4 Vehicles and traffic safety ...... 35 5 Commercial and private operations ...... 39 6 Solid waste disposal sites in units of the National Park System ...... 43 7 Special regulations, areas of the National Park System ...... 51 8 Labor standards applicable to employees of Na- tional Park Service concessioners ...... 144 9 Minerals management ...... 146 10 Disposal of certain wild animals ...... 170 11 Arrowhead and Parkscape Symbols ...... 171 12 National cemetery regulations ...... 171 13 National Park System units in Alaska ...... 176 14 Rights-of-way ...... 210 17 Conveyance of freehold and leasehold interests on lands of the National Park System ...... 227 18 Leases and exchanges of historic property ...... 229 20 Isle Royale National Park; commercial fishing ...... 234 21 Hot Springs National Park; bathhouse regulations 235 25 National military parks; licensed guide service regulations ...... 237 27 Cape Cod National Seashore; zoning standards ...... 239 28 Fire Island National Seashore: zoning standards .... 241 30 Whiskeytown-Shasta-Trinity National Recreation Area: Zoning standards for Whiskeytown unit .... 250 34 El Portal Administrative Site regulations ...... 254 51 Concession contracts ...... 256 59 Land and Water Conservation Fund program of as- sistance to States; post–completion compliance responsibilities ...... 286 60 National Register of Historic Places ...... 290
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Part Page 61 Procedures for State, Tribal, and local government historic preservation programs ...... 305 62 National Natural Landmarks Program ...... 312 63 Determinations of eligibility for inclusion in the National Register of Historic Places ...... 322 64 Grants and allocations for recreation and con- servation use of abandoned railroad rights-of- way ...... 325 65 National Historic Landmarks Program ...... 332 67 Historic preservation certifications pursuant to Sec. 48(g) and Sec. 170(h) of the Internal Revenue Code of 1986 ...... 342 68 The Secretary of the Interior’s standards for the treatment of historic properties ...... 360 71 Recreation fees ...... 363 72 Urban Park and Recreation Recovery Act of 1978 ... 372 73 World Heritage Convention ...... 400 74–77 [Reserved] 78 Waiver of Federal agency responsibilities under section 110 of the National Historic Preservation Act ...... 407 79 Curation of federally-owned and administered ar- chaeological collections ...... 409 80–199 [Reserved]
EDITORIAL NOTES: 1. Other regulations issued by the Department of the Interior appear in title 25; title 30; title 36; title 41; title 43; title 48; and title 50. 2. Nomenclature changes to chapter I appear at 60 FR 55790, Nov. 3, 1995; 61 FR 28505, June 5, 1996; and at 62 FR 30234, June 3, 1997.
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by law, or by imprisonment not exceed- construed to mean a ‘‘hovercraft,’’ that ing 6 months, or both, and shall be ad- is supported by a fan-generated air judged to pay all costs of the pro- cushion. ceedings. Aircraft means a device that is used (b) A person who knowingly and will- or intended to be used for human flight fully violates any provision of the reg- in the air, including powerless flight. ulations contained in parts 1 through 5, Archeological resource means material 7 and 12 of this chapter, within any na- remains of past human life or activi- tional military park, battlefield site, ties that are of archeological interest national monument, or miscellaneous and are at least 50 years of age. This memorial transferred to the jurisdic- term includes, but shall not be limited tion of the Secretary of the Interior to, objects made or used by humans, from that of the Secretary of War by such as pottery, basketry, bottles, Executive Order No. 6166, June 10, 1933, weapons, weapon projectiles, tools, and enumerated in Executive Order No. structures or portions of structures, pit 6228, July 28, 1933, shall be punished by houses, rock paintings, rock carvings, a fine as provided by law, or by impris- intaglios, or any portion or piece of the onment for not more than 3 months, or foregoing items, and the physical site, by both. location or context in which they are NOTE: These park areas are enumerated in found, or human skeletal materials or a note under 5 U.S.C. 901. graves. (c) A person convicted of violating Authorized emergency vehicle means a any provision of the regulations con- vehicle in official use for emergency tained in parts 1 through 7 of this chap- purposes by a Federal agency or an ter, within a park area established pur- emergency vehicle as defined by State suant to the Act of August 21, 1935, 49 law. Stat. 666, shall be punished by a fine as Authorized person means an employee provided by law and shall be adjudged or agent of the National Park Service to pay all costs of the proceedings. 16 with delegated authority to enforce the U.S.C. 462. provisions of this chapter. (d) Notwithstanding the provisions of Bicycle means every device propelled paragraphs (a), (b) and (c) of this sec- solely by human power upon which a tion, a person convicted of violating person or persons may ride on land, § 2.23 of this chapter shall be punished having one, two, or more wheels, ex- by a fine as provided by law. 16 U.S.C. cept a manual wheelchair. 460. Boundary means the limits of lands [61 FR 2918, Jan. 30, 1996] or waters administered by the National Park Service as specified by Congress, § 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
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or substance added to these schedules Motor vehicle means every vehicle pursuant to the terms of the Act. that is self-propelled and every vehicle Cultural resource means material re- that is propelled by electric power, but mains of past human life or activities not operated on rails or upon water, ex- that are of significant cultural interest cept a snowmobile and a motorized and are less than 50 years of age. This wheelchair. term includes, but shall not be limited National Park System (Park area) to, objects made or used by humans, means any area of land and water now such as pottery, basketry, bottles, or hereafter administered by the Sec- weapons, weapon projectiles, tools, retary of the Interior through the Na- structures or portions of structures, or tional Park Service for park, monu- any portion or piece of the foregoing ment, historic, parkway, recreational, items, and the physical site, location, or other purposes. or context in which they are found, or Net means a seine, weir, net wire, fish human skeletal materials or graves. Developed area means roads, parking trap, or other implement designed to areas, picnic areas, campgrounds, or entrap fish, except a hand-held landing other structures, facilities or lands lo- net used to retrieve fish taken by hook cated within development and historic and line. zones depicted on the park area land Nondeveloped area means all lands management and use map. and waters within park areas other Director means the Director of the than developed areas. National Park Service. Operator means a person who oper- Downed aircraft means an aircraft ates, drives, controls, otherwise has that cannot become airborne as a re- charge of or is in actual physical con- sult of mechanical failure, fire, or acci- trol of a mechanical mode of transpor- dent. tation or any other mechanical equip- Firearm means a loaded or unloaded ment. pistol, rifle, shotgun or other weapon Other Federal reservations in the envi- which is designed to, or may be readily rons of the District of Columbia means converted to, expel a projectile by the Federal areas, which are not under the ignition of a propellant. administrative jurisdiction of the Na- Fish means any member of the sub- tional Park Service, located in Arling- classes Agnatha, Chondrichthyes, or ton, Fairfax, Loudoun, Prince William, Osteichthyes, or any mollusk or crusta- and Stafford Counties and the City of cean found in salt water. Alexandria in Virginia and Prince Fishing means taking or attempting Georges, Charles, Anne Arundel, and to take fish. Montgomery Counties in Maryland, ex- Hunting means taking or attempting clusive of military reservations, unless to take wildlife, except trapping. the policing of military reservations by Legislative jurisdiction means lands the U.S. Park Police is specifically re- and waters under the exclusive or con- quested by the Secretary of Defense or current jurisdiction of the United a designee thereof. States. Pack animal means horses, burros, Manual wheelchair means a device mules or other hoofed mammals when that is propelled by human power, de- designated as pack animals by the su- signed for and used by a mobility-im- perintendent. paired person. Motorcycle means every motor vehi- Park area. See the definition for Na- cle having a seat for the use of the tional Park System in this section. rider and designed to travel on not Park road means the main-traveled more that three wheels in contact with surface of a roadway open to motor ve- the ground, but excluding a tractor. hicles, owned, controlled or otherwise Motorized wheelchair means a self-pro- administered by the National Park pelled wheeled device, designed solely Service. for and used by a mobility-impaired Permit means a written authorization person for locomotion, that is both ca- to engage in uses or activities that are pable of and suitable for use in indoor otherwise prohibited, restricted, or reg- pedestrian areas. ulated.
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Person means an individual, firm, Services means, but is not limited to, corporation, society, association, part- meals and lodging, labor, professional nership, or private or public body. services, transportation, admission to Personal watercraft refers to a vessel, exhibits, use of telephone or other util- usually less than 16 feet in length, ities, or any act for which payment is which uses an inboard, internal com- customarily received. bustion engine powering a water jet Smoking means the carrying of light- pump as its primary source of propul- ed cigarettes, cigars or pipes, or the in- sion. The vessel is intended to be oper- tentional and direct inhalation of ated by a person or persons sitting, smoke from these objects. standing or kneeling on the vessel, Snowmobile means a self-propelled ve- rather than within the confines of the hicle intended for travel primarily on hull. The length is measured from end snow, having a curb weight of not more to end over the deck excluding sheer, than 1000 pounds (450 kg), driven by a meaning a straight line measurement track or tracks in contact with the of the overall length from the foremost snow, and steered by ski or skis in con- part of the vessel to the aftermost part tact with the snow. of the vessel, measured parallel to the State means a State, territory, or centerline. Bow sprits, bumpkins, rud- possession of the United States. ders, outboard motor brackets, and State law means the applicable and similar fittings or attachments, are nonconflicting laws, statutes, regula- not included in the measurement. tions, ordinances, infractions and codes Length is stated in feet and inches. of the State(s) and political subdivi- Pet means a dog, cat or any animal sion(s) within whose exterior bound- that has been domesticated. aries a park area or a portion thereof is located. Possession means exercising direct Superintendent means the official in physical control or dominion, with or charge of a park area or an authorized without ownership, over property, or representative thereof. archeological, cultural or natural re- Take or taking means to pursue, hunt, sources. harass, harm, shoot, trap, net, capture, Practitioner means a physician, den- collect, kill, wound, or attempt to do tist, veterinarian, scientific investi- any of the above. gator, pharmacy, hospital or other per- Traffic means pedestrians, ridden or son licensed, registered or otherwise herded animals, vehicles, and other permitted by the United States or the conveyances, either singly or together jurisdiction in which such person prac- while using any road, trail, street or tices to distribute or possess a con- other thoroughfare for purpose of trav- trolled substance in the course of pro- el. fessional practice. Traffic control device means a sign, Public use limit means the number of signal, marking or other device placed persons; number and type of animals; or erected by, or with the concurrence amount, size and type of equipment, of, the Superintendent for the purpose vessels, mechanical modes of convey- of regulating, warning, guiding or oth- ance, or food/beverage containers al- erwise controlling traffic or regulating lowed to enter, be brought into, remain the parking of vehicles. in, or be used within a designated geo- Trap means a snare, trap, mesh, wire graphic area or facility; or the length or other implement, object or mechan- of time a designated geographic area or ical device designed to entrap or kill facility may be occupied. animals other than fish. Refuse means trash, garbage, rubbish, Trapping means taking or attempting waste papers, bottles or cans, debris, to take wildlife with a trap. litter, oil, solvents, liquid waste, or Underway means when a vessel is not other discarded materials. at anchor, moored, made fast to the Regional Director means the official in shore or docking facility, or aground. charge of a geographic area of the Na- Unloaded, as applied to weapons and tional Park Service. firearms, means that: (1) There is no Secretary means the Secretary of the unexpended shell, cartridge, or projec- Interior. tile in any chamber or cylinder of a
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firearm or in a clip or magazine in- § 1.5 Closures and public use limits. serted in or attached to a firearm; (a) Consistent with applicable legis- (2) A muzzle-loading weapon does not lation and Federal administrative poli- contain gun powder in the pan, or the cies, and based upon a determination percussion cap is not in place; and that such action is necessary for the (3) Bows, crossbows, spear guns or maintenance of public health and safe- any implement capable of discharging ty, protection of environmental or sce- a missile or similar device by means of nic values, protection of natural or cul- a loading or discharging mechanism, tural resources, aid to scientific re- when that loading or discharging search, implementation of manage- mechanism is not charged or drawn. ment responsibilities, equitable alloca- Vehicle means every device in, upon, tion and use of facilities, or the avoid- or by which a person or property is or ance of conflict among visitor use ac- may be transported or drawn on land, tivities, the superintendent may: except snowmobiles and devices moved (1) Establish, for all or a portion of a by human power or used exclusively park area, a reasonable schedule of vis- upon stationary rails or track. iting hours, impose public use limits, Vessel means every type or descrip- or close all or a portion of a park area tion of craft, other than a seaplane on to all public use or to a specific use or the water, used or capable of being activity. used as a means of transportation on (2) Designate areas for a specific use water, including a buoyant device per- or activity, or impose conditions or re- mitting or capable of free flotation. strictions on a use or activity. Weapon means a firearm, compressed (3) Terminate a restriction, limit, closure, designation, condition, or vis- gas or spring-powered pistol or rifle, iting hour restriction imposed under bow and arrow, crossbow, blowgun, paragraph (a)(1) or (2) of this section. speargun, hand-thrown spear, sling- (b) Except in emergency situations, a shot, irritant gas device, explosive de- closure, designation, use or activity re- vice, or any other implement designed striction or condition, or the termi- to discharge missiles, and includes a nation or relaxation of such, which is weapon the possession of which is pro- of a nature, magnitude and duration hibited under the laws of the State in that will result in a significant alter- which the park area or portion thereof ation in the public use pattern of the is located. park area, adversely affect the park’s Wildlife means any member of the natural, aesthetic, scenic or cultural animal kingdom and includes a part, values, require a long-term or signifi- product, egg or offspring thereof, or the cant modification in the resource man- dead body or part thereof, except fish. agement objectives of the unit, or is of (b) In addition to the definitions in a highly controversial nature, shall be paragraph (a), for the purpose of the published as rulemaking in the FED- regulations contained in parts 3 and 7 ERAL REGISTER. of this chapter, the definitions per- (c) Except in emergency situations, taining to navigation, navigable waters prior to implementing or terminating a and shipping enumerated in title 14 restriction, condition, public use limit United States Code, title 33 Code of or closure, the superintendent shall Federal Regulations, title 46 Code of prepare a written determination justi- Federal Regulations, title 49 Code of fying the action. That determination Federal Regulations, the Federal Boat- shall set forth the reason(s) the restric- ing Safety Act of 1971, and the Inland tion, condition, public use limit or clo- sure authorized by paragraph (a) has Navigational Rules Act of 1980, shall been established, and an explanation of apply for boating and water activities. why less restrictive measures will not [48 FR 30275, June 30, 1983, as amended at 49 suffice, or in the case of a termination FR 18449, Apr. 30, 1984; 51 FR 37011, Oct. 17, of a restriction, condition, public use 1986; 52 FR 10683, Apr. 2, 1987; 60 FR 55790, limit or closure previously established Nov. 3, 1995; 61 FR 35136, July 5, 1996; 62 FR under paragraph (a), a determination 30234, June 3, 1997; 65 FR 15089, Mar. 21, 2000] as to why the restriction is no longer
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necessary and a finding that the termi- pacted. The basis for denial shall be nation will not adversely impact park provided to the applicant upon request. resources. This determination shall be (e) The superintendent shall include available to the public upon request. in a permit the terms and conditions (d) To implement a public use limit, that the superintendent deems nec- the superintendent may establish a essary to protect park resources or permit, registration, or reservation public safety and may also include system. Permits shall be issued in ac- terms or conditions established pursu- cordance with the criteria and proce- ant to the authority of any other sec- dures of § 1.6 of this chapter. tion of this chapter. (e) Except in emergency situations, (f) A compilation of those activities the public will be informed of closures, requiring a permit shall be maintained designations, and use or activity re- by the superintendent and available to strictions or conditions, visiting hours, the public upon request. public use limits, public use limit pro- (g) The following are prohibited: cedures, and the termination or relax- (1) Engaging in an activity subject to ation of such, in accordance with § 1.7 a permit requirement imposed pursu- of this chapter. ant to this section without obtaining a (f) Violating a closure, designation, permit; or use or activity restriction or condition, (2) Violating a term or condition of a schedule of visiting hours, or public use permit issued pursuant to this section. limit is prohibited. (h) Violating a term or condition of a [48 FR 30275, June 30, 1983, as amended at 51 permit issued pursuant to this section FR 29470, Aug. 18, 1986] may also result in the suspension or revocation of the permit by the super- § 1.6 Permits. intendent. (a) When authorized by regulations 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 re- § 1.7 Public notice. stricted activity or impose a public use 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. (c) The public will be informed of the (3) Publication in a newspaper of gen- existence of a permit requirement in eral circulation in the affected area. accordance with § 1.7 of this chapter. (4) Other appropriate methods, such (d) Unless otherwise provided for by as the removal of closure signs, use of the regulations in this chapter, the su- electronic media, park brochures, maps perintendent shall deny a permit that and handouts. has been properly applied for only upon (b) In addition to the above-described a determination that the designated notification procedures, the super- capacity for an area or facility would intendent shall compile in writing all be exceeded; or that one or more of the the designations, closures, permit re- factors set forth in paragraph (a) of quirements and other restrictions im- this section would be adversely im- posed under discretionary authority.
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This compilation shall be updated an- and to facilitate prompt emergency re- nually and made available to the pub- sponse to accidents. In §§ 2.33, 3.4 and lic upon request. 4.4, the obligation to respond is manda- tory; in all other sections the obliga- § 1.8 Information collection. tion to respond is required in order to The information collection require- obtain a benefit. ments contained in §§ 1.5, 2.4, 2.5, 2.10 2.12, 2.17, 2.33, 2.38, 2.50, 2.51, 2.52, 2.60, [52 FR 10683, Apr. 2, 1987] 2.61, 2.62, 3.3, 3.4, 4.4 and 4.11 have been § 1.10 Symbolic signs. approved by the Office of Management and Budget under 44 U.S.C. 3501 et seq., (a) The signs pictured below provide and assigned clearance number 1024– general information and regulatory 0026. This information is being col- guidance in park areas. Certain of the lected to provide superintendents data signs designate activities that are ei- necessary to issue permits for special ther allowed or prohibited. Activities uses of park areas and to obtain notifi- symbolized by a sign bearing a slash cation of accidents that occur within mark are prohibited. park areas. This information will be (b) The use of other types of signs not used to grant administrative benefits herein depicted is not precluded.
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[48 FR 30275, June 30, 1983, as amended at 61 (iii) Nonfossilized and fossilized pale- FR 46556, Sept. 4, 1996] ontological specimens, cultural or ar- cheological resources, or the parts PART 2—RESOURCE PROTECTION, thereof. PUBLIC USE AND RECREATION (iv) A mineral resource or cave for- mation or the parts thereof. Sec. (2) Introducing wildlife, fish or 2.1 Preservation of natural, cultural and ar- plants, including their reproductive cheological resources. bodies, into a park area ecosystem. 2.2 Wildlife protection. (3) Tossing, throwing or rolling rocks 2.3 Fishing. or other items inside caves or caverns, 2.4 Weapons, traps and nets. into valleys, canyons, or caverns, down 2.5 Research specimens. hillsides or mountainsides, or into 2.10 Camping and food storage. thermal features. 2.11 Picnicking. 2.12 Audio disturbances. (4) Using or possessing wood gathered 2.13 Fires. from within the park area: Provided, 2.14 Sanitation and refuse. however, That the superintendent may 2.15 Pets. designate areas where dead wood on 2.16 Horses and pack animals. the ground may be collected for use as 2.17 Aircraft and air delivery. fuel for campfires within the park area. 2.18 Snowmobiles. (5) Walking on, climbing, entering, 2.19 Winter activities. ascending, descending, or traversing an 2.20 Skating, skateboards and similar de- archeological or cultural resource, vices. 2.21 Smoking. monument, or statue, except in des- 2.22 Property. ignated areas and under conditions es- 2.23 Recreation fees. tablished by the superintendent. 2.30 Misappropriation of property and serv- (6) Possessing, destroying, injuring, ices. defacing, removing, digging, or dis- 2.31 Trespassing, tampering and vandalism. turbing a structure or its furnishing or 2.32 Interfering with agency functions. fixtures, or other cultural or archeo- 2.33 Report of injury or damage. logical resources. 2.34 Disorderly conduct. (7) Possessing or using a mineral or 2.35 Alcoholic beverages and controlled sub- metal detector, magnetometer, side stances. 2.36 Gambling. scan sonar, other metal detecting de- 2.37 Noncommercial soliciting. vice, or subbottom profiler. 2.38 Explosives. This paragraph does not apply to: 2.50 Special events. (i) A device broken down and stored 2.51 Public assemblies, meetings. or packed to prevent its use while in 2.52 Sale or distribution of printed matter. park areas. 2.60 Livestock use and agriculture. (ii) Electronic equipment used pri- 2.61 Residing on Federal lands. 2.62 Memorialization. marily for the navigation and safe op- eration of boats and aircraft. AUTHORITY: 16 U.S.C. 1, 3, 9a, 462(k). (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- such activity is consistent with public mination that the gathering or con- safety and enjoyment, and sound re- sumption will not adversely affect park source management principles. Such wildlife, the reproductive potential of a hunting shall be allowed pursuant to plant species, or otherwise adversely special regulations. affect park resources. (3) Trapping shall be allowed in park (2) The superintendent may: areas where such activity is specifi- (i) Limit the size and quantity of the cally mandated by Federal statutory natural products that may be gathered law. or possessed for this purpose; or (4) Where hunting or trapping or both (ii) Limit the location where natural are authorized, such activities shall be products may be gathered; or conducted in accordance with Federal (iii) Restrict the possession and con- law and the laws of the State within sumption of natural products to the whose exterior boundaries a park area park area. or a portion thereof is located. Noncon- (3) The following are prohibited: flicting State laws are adopted as a (i) Gathering or possessing undesig- part of these regulations. nated natural products. (c) Except in emergencies or in areas (ii) Gathering or possessing natural under the exclusive jurisdiction of the products in violation of the size or United States, the superintendent shall quantity limits designated by the su- consult with appropriate State agen- perintendent. cies before invoking the authority of (iii) Unauthorized removal of natural § 1.5 for the purpose of restricting hunt- products from the park area. ing and trapping or closing park areas (iv) Gathering natural products out- to the taking of wildlife where such ac- side of designated areas. tivities are mandated or authorized by (v) Sale or commercial use of natural Federal statutory law. products. (d) The superintendent may establish (d) This section shall not be con- conditions and procedures for trans- strued as authorizing the taking, use porting lawfully taken wildlife through or possession of fish, wildlife or plants the park area. Violation of these condi- for ceremonial or religious purposes, tions and procedures is prohibited. except where specifically authorized by (e) The Superintendent may des- Federal statutory law, treaty rights, or ignate all or portions of a park area as in accordance with § 2.2 or § 2.3. closed to the viewing of wildlife with NOTE: Regulations concerning archeo- an artificial light. Use of an artificial logical resources are found in 43 CFR part 3. light for purposes of viewing wildlife in § 2.2 Wildlife protection. closed areas is prohibited. (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 such activity is specifically mandated [48 FR 30282, June 30, 1983, as amended at 49 by Federal statutory law. FR 18450, Apr. 30, 1984; 51 FR 33264, Sept. 19, (2) Hunting may be allowed in park 1986; 52 FR 35240, Sept. 18, 1987] areas where such activity is specifi- cally authorized as a discretionary ac- § 2.3 Fishing. tivity under Federal statutory law if (a) Except in designated areas or as the superintendent determines that provided in this section, fishing shall
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be in accordance with the laws and reg- That at the time of catching the person ulations of the State within whose ex- did not possess the legal limit of fish. terior boundaries a park area or por- (8) Fishing from motor road bridges, tion thereof is located. Nonconflicting from or within 200 feet of a public raft State laws are adopted as a part of or float designated for water sports, or these regulations. within the limits of locations des- (b) State fishing licenses are not re- ignated as swimming beaches, surfing quired in Big Bend, Crater Lake, areas, or public boat docks, except in Denali, Glacier, Isle Royale (inland wa- designated areas. ters only), Mammoth Cave, Mount (e) Except as otherwise designated, Rainer, Olympic and Yellowstone Na- fishing with a net, spear, or weapon in tional Parks. the salt waters of park areas shall be in (c) Except in emergencies or in areas accordance with State law. (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 fishing in fresh waters, live or dead [48 FR 30282, June 30, 1983, as amended at 52 minnows or other bait fish, amphib- FR 35240, Sept. 18, 1987] ians, nonpreserved fish eggs or fish roe, § 2.4 Weapons, traps and nets. except in designated waters. Waters which may be so designated shall be (a)(1) Except as otherwise provided in limited to those where non-native spe- this section and parts 7 (special regula- cies are already established, scientific tions) and 13 (Alaska regulations), the data indicate that the introduction of following are prohibited: additional numbers or types of non-na- (i) Possessing a weapon, trap or net tive species would not impact popu- (ii) Carrying a weapon, trap or net lations of native species adversely, and (iii) Using a weapon, trap or net (2) Weapons, traps or nets may be park management plans do not call for carried, possessed or used: elimination of non-native species. (i) At designated times and locations (3) Chumming or placing preserved or in park areas where: fresh fish eggs, fish roe, food, fish (A) The taking of wildlife is author- parts, chemicals, or other foreign sub- ized by law in accordance with § 2.2 of stances in fresh waters for the purpose this chapter; of feeding or attracting fish in order (B) The taking of fish is authorized that they may be taken. by law in accordance with § 2.3 of this (4) Commercial fishing, except where part. specifically authorized by Federal stat- (ii) When used for target practice at utory law. designated times and at facilities or lo- (5) Fishing by the use of drugs, poi- cations designed and constructed spe- sons, explosives, or electricity. cifically for this purpose and des- (6) Digging for bait, except in pri- ignated pursuant to special regula- vately owned lands. tions. (7) Failing to return carefully and (iii) Within a residential dwelling. immediately to the water from which For purposes of this subparagraph it was taken a fish that does not meet only, the term ‘‘residential dwelling’’ size or species restrictions or that the means a fixed housing structure which person chooses not to keep. Fish so re- is either the principal residence of its leased shall not be included in the occupants, or is occupied on a regular catch or possession limit: Provided, and recurring basis by its occupants as
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an alternate residence or vacation park area that are under the legislative home. jurisdiction of the United States. (3) Traps, nets and unloaded weapons [48 FR 30282, June 30, 1983, as amended at 49 may be possessed within a temporary FR 18450, Apr. 30, 1984; 52 FR 35240, Sept. 18, lodging or mechanical mode of convey- 1987] ance when such implements are ren- dered temporarily inoperable or are § 2.5 Research specimens. packed, cased or stored in a manner (a) Taking plants, fish, wildlife, rocks that will prevent their ready use. or minerals except in accordance with (b) Carrying or possessing a loaded other regulations of this chapter or weapon in a motor vehicle, vessel or pursuant to the terms and conditions other mode of transportation is prohib- of a specimen collection permit, is pro- ited, except that carrying or possessing hibited. (b) A specimen collection permit may a loaded weapon in a vessel is allowed be issued only to an official representa- when such vessel is not being propelled tive of a reputable scientific or edu- by machinery and is used as a shooting cational institution or a State or Fed- platform in accordance with Federal eral agency for the purpose of research, and State law. baseline inventories, monitoring, im- (c) The use of a weapon, trap or net pact analysis, group study, or museum in a manner that endangers persons or display when the superintendent deter- property is prohibited. mines that the collection is necessary (d) The superintendent may issue a to the stated scientific or resource permit to carry or possess a weapon, management goals of the institution or trap or net under the following cir- agency and that all applicable Federal cumstances: and State permits have been acquired, (1) When necessary to support re- and that the intended use of the speci- search activities conducted in accord- mens and their final disposal is in ac- ance with § 2.5. cordance with applicable law and Fed- (2) To carry firearms for persons in eral administrative policies. A permit shall not be issued if removal of the charge of pack trains or saddle horses specimen would result in damage to for emergency use. other natural or cultural resources, af- (3) For employees, agents or cooper- fect adversely environmental or scenic ating officials in the performance of values, or if the specimen is readily their official duties. available outside of the park area. (4) To provide access to otherwise in- (c) A permit to take an endangered or accessible lands or waters contiguous threatened species listed pursuant to to a park area when other means of ac- the Endangered Species Act, or simi- cess are otherwise impracticable or im- larly indentified by the States, shall possible. not be issued unless the species cannot Violation of the terms and conditions be obtained outside of the park area of a permit issued pursuant to this and the primary purpose of the collec- paragraph is prohibited and may result tion is to enhance the protection or in the suspension or revocation of the management of the species. (d) In park areas where the enabling permit. legislation authorizes the killing of (e) Authorized Federal, State and wildlife, a permit which authorizes the local law enforcement officers may killing of plants, fish or wildlife may carry firearms in the performance of be issued only when the superintendent their official duties. approves a written research proposal (f) The carrying or possessing of a and determines that the collection will weapon, trap or net in violation of ap- benefit science or has the potential for plicable Federal and State laws is pro- improving the management and protec- hibited. tion of park resources. (g) The regulations contained in this (e) In park areas where enabling leg- section apply, regardless of land owner- islation does not expressly prohibit the ship, on all lands and waters within a killing of wildlife, a permit authorizing the killing of plants, fish or wildlife
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may be issued only when the super- the conduct of a reasonably prudent intendent approves a written research person under the circumstances. proposal and determines that the col- (5) The installation of permanent lection will not result in the deroga- camping facilities. tion of the values or purposes for which (6) Displaying wildlife carcasses or the park area was established and has other remains or parts thereof, except the potential for conserving and per- when taken pursuant to § 2.2. petuating the species subject to collec- (7) Connecting to a utility system, tion. except as designated. (f) In park areas where the enabling (8) Failing to obtain a permit, where legislation prohibits the killing of required. wildlife, issuance of a collecting permit (9) Violating conditions which may for wildlife or fish or plants, is prohib- be established by the superintendent. ited. (10) Camping outside of designated (g) Specimen collection permits shall sites or areas. contain the following conditions: (c) Violation of the terms and condi- (1) Specimens placed in displays or tions of a permit issued in accordance collections will bear official National with this section is prohibited and may Park Service museum labels and their result in the suspension or revocation catalog numbers will be registered in of the permit. the National Park Service National (d) Food storage. The superintendent Catalog. may designate all or a portion of a (2) Specimens and data derived from park area where food, lawfully taken consumed specimens will be made fish or wildlife, garbage, and equip- available to the public and reports and ment used to cook or store food must publications resulting from a research be kept sealed in a vehicle, or in a specimen collection permit shall be camping unit that is constructed of filed with the superintendent. solid, non-pliable material, or sus- (h) Violation of the terms and condi- pended at least 10 feet above the tions of a permit issued in accordance ground and 4 feet horizontally from a with this section is prohibited and may post, tree trunk, or other object, or result in the suspension or revocation shall be stored as otherwise designated. of the permit. Violation of this restriction is prohib- NOTE: The Secretary’s regulations on the ited. This restriction does not apply to preservation, use, and management of fish food that is being transported, con- and wildlife are found in 43 CFR part 24. Reg- sumed, or prepared for consumption. ulations concerning archeological resources are found in 43 CFR part 3. § 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
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the actor’s conduct, location, time of (d) The regulations contained in this day or night, purpose for which the section apply, regardless of land owner- area was established, impact on park ship, on all lands and waters within a users, and other factors that would park area that are under the legislative govern the conduct of a reasonably jurisdiction of the United States. prudent person under the cir- [48 FR 30282, June 30, 1983, as amended at 52 cumstances. FR 35240, Sept. 18, 1987] (2) In developed areas, operating a power saw, except pursuant to the § 2.14 Sanitation and refuse. terms and conditions of a permit. (a) The following are prohibited: (3) In nondeveloped areas, operating (1) Disposing of refuse in other than any type of portable motor or engine, refuse receptacles. or device powered by a portable motor (2) Using government refuse recep- or engine, except pursuant to the terms tacles or other refuse facilities for and conditions of a permit. This para- dumping household, commercial, or in- graph does not apply to vessels in areas dustrial refuse, brought as such from where motor boating is allowed. private or municipal property, except (4) Operating a public address sys- in accordance with conditions estab- tem, except in connection with a public lished by the superintendent. gathering or special event for which a (3) Depositing refuse in the plumbing permit has been issued pursuant to fixtures or vaults of a toilet facility. § 2.50 or § 2.51. (4) Draining refuse from a trailer or (b) Violation of the terms and condi- other vehicle, except in facilities pro- tions of a permit issued in accordance vided for such purpose. with section is prohibited and may re- (5) Bathing, or washing food, cloth- sult in the suspension or revocation of ing, dishes, or other property at public the permit. water outlets, fixtures or pools, except at those designated for such purpose. § 2.13 Fires. (6) Polluting or contaminating park 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 des- (3) Lighting, tending, or using a fire, ignated locations or in fixtures pro- stove or lantern in a manner that vided for that purpose. threatens, causes damage to, or results (9) In nondeveloped areas, the dis- in the burning of property, real prop- posal of human body waste within 100 erty or park resources, or creates a feet of a water source, high water mark public safety hazard. of a body of water, or a campsite, or (4) Leaving a fire unattended. within sight of a trail, except as other- (5) Throwing or discarding lighted or wise designated. smoldering material in a manner that (b) The superintendent may establish threatens, causes damage to, or results conditions concerning the disposal, in the burning of property or park re- containerization, or carryout of human sources, or creates a public safety haz- body waste. Violation of these condi- ard. tions is prohibited. (b) Fires shall be extinguished upon termination of use and in accordance § 2.15 Pets. with such conditions as may be estab- (a) The following are prohibited: lished by the superintendent. Violation (1) Possessing a pet in a public build- of these conditions is prohibited. ing, public transportation vehicle, or (c) During periods of high fire danger, location designated as a swimming the superintendent may close all or a beach, or any structure or area closed portion of a park area to the lighting to the possession of pets by the super- or maintaining of a fire. intendent. This subparagraph shall not
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apply to guide dogs accompanying vis- (a) The use of animals other than ually impaired persons or hearing ear those designated as ‘‘pack animals’’ for dogs accompanying hearing-impaired purposes of transporting equipment. persons. (b) The use of horses or pack animals (2) Failing to crate, cage, restrain on outside of trails, routes or areas des- a leash which shall not exceed six feet ignated for their use. in length, or otherwise physically con- (c) The use of horses or pack animals fine a pet at all times. on a park road, except: (1) Where such (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 when passing in the immediate vicinity established by the superintendent. of persons on foot or bicycle. (b) In park areas where hunting is al- (f) Obstructing a trail, or making an lowed, dogs may be used in support of unreasonable noise or gesture, consid- these activities in accordance with ap- ering the nature and purpose of the ac- plicable Federal and State laws and in tor’s conduct, and other factors that accordance with conditions which may would govern the conduct of a reason- be established by the superintendent. ably prudent person, while horses or (c) Pets or feral animals that are run- pack animals are passing. ning-at-large and observed by an au- (g) Violation of conditions which thorized person in the act of killing, in- may be established by the super- juring or molesting humans, livestock, intendent concerning the use of horses or wildlife may be destroyed if nec- or pack animals. essary for public safety or protection of wildlife, livestock, or other park re- § 2.17 Aircraft and air delivery. sources. (d) Pets running-at-large may be im- (a) The following are prohibited: pounded, and the owner may be (1) Operating or using aircraft on charged reasonable fees for kennel or lands or waters other than at locations boarding costs, feed, veterinarian fees, designated pursuant to special regula- transportation costs, and disposal. An tions. impounded pet may be put up for adop- (2) Where a water surface is des- tion or otherwise disposed of after ignated pursuant to paragraph (a)(1) of being held for 72 hours from the time this section, operating or using aircraft the owner was notified of capture or 72 under power on the water within 500 hours from the time of capture if the feet of locations designated as swim- owner is unknown. ming beaches, boat docks, piers, or (e) Pets may be kept by residents of ramps, except as otherwise designated. park areas consistent with the provi- (3) Delivering or retrieving a person sions of this section and in accordance or object by parachute, helicopter, or with conditions which may be estab- other airborne means, except in emer- lished by the superintendent. Violation gencies involving public safety or seri- of these conditions is prohibited. ous property loss, or pursuant to the (f) This section does not apply to terms and conditions of a permit. dogs used by authorized Federal, State (b) The provisions of this section, and local law enforcement officers in other than paragraph (c) of this sec- the performance of their official duties. tion, shall not be applicable to official business of the Federal government, or § 2.16 Horses and pack animals. emergency rescues in accordance with The following are prohibited: the directions of the superintendent, or
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to landings due to circumstances be- (c) The use of snowmobiles is prohib- yond the control of the operator. ited, except on designated routes and (c)(1) Except as provided in paragraph water surfaces that are used by motor (c)(3) of this section, the owners of a vehicles or motorboats during other downed aircraft shall remove the air- seasons. Routes and water surfaces des- craft and all component parts thereof ignated for snowmobile use shall be in accordance with procedures estab- promulgated as special regulations. lished by the superintendent. In estab- Snowmobiles are prohibited except lishing removal procedures, the super- where designated and only when their intendent is authorized to: (i) Establish use is consistent with the park’s nat- a reasonable date by which aircraft re- ural, cultural, scenic and aesthetic val- moval operations must be complete; ues, safety considerations, park man- (ii) determine times and means of ac- agement objectives, and will not dis- cess to and from the downed aircraft; turb wildlife or damage park resources. and (iii) specify the manner or method (d) The following are prohibited: of removal. (1) Operating a snowmobile that (2) Failure to comply with procedures makes excessive noise. Excessive noise and conditions established under para- for snowmobiles manufactured after graph (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. (3) Operating a snowmobile that does (f) Violation of the terms and condi- not have brakes in good working order. tions of a permit issued in accordance (4) Racing, or operating a snowmobile with this section is prohibited and may in excess of 45 mph, unless restricted in result in the suspension or revocation accordance with § 4.22 of this chapter or of the permit. otherwise designated. (e) Except where State law prescribes § 2.18 Snowmobiles. a different minimum age or qualifica- (a) Notwithstanding the definition of tion for the person providing direct su- vehicle set forth in § 1.4 of this chapter, pervision and accompaniment, the fol- the provisions of §§ 4.4, 4.12, 4.13, 4.14, lowing are prohibited: 4.20, 4.21, 4.22 and 4.23 of this chapter (1) The operation of a snowmobile by apply to the operation of a snowmobile. a person under 16 years of age unless (b) Except as otherwise provided in accompanied and supervised within this section, the laws of the State in line of sight by a responsible person 21 which the exterior boundaries of a park years of age or older; area or a portion thereof is located (2) The operation of a snowmobile by shall govern equipment standards and a person under 12 years of age, unless the operation of snowmobiles. Noncon- accompanied on the same machine by a flicting State laws are adopted as a responsible person 21 years of age or part of these regulations. older; or
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(3) The supervision by one person of in excess of an allowed period of time the operation of snowmobiles by more may be impounded by the super- than one person under 16 years of age. intendent. [48 FR 30282, June 30, 1983, as amended at 52 (2) Unattended property that inter- FR 10683, Apr. 2, 1987] feres with visitor safety, orderly man- agement of the park area, or presents a § 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- biles and joined to the snowmobile sonable fees for the impoundment and with a rigid hitching mechanism. storage of property impounded pursu- (c) Failure to abide by area designa- ant to this section. tions 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. Found property not claimed by the (b) Smoking is prohibited within all owner or an authorized representative caves and caverns. or the finder shall be deemed aban- § 2.22 Property. doned. (3) Abandoned property shall be dis- (a) The following are prohibited: (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
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park area that are under the legislative park area that are under the legislative jurisdiction of the United States. jurisdiction of the United States. [48 FR 30282, June 30, 1983, as amended at 52 [48 FR 30282, June 30, 1983, as amended at 52 FR 35240, Sept. 18, 1987] FR 35240, Sept. 18, 1987]
§ 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. ation fees shall be suspended. (b) The regulations contained in this section apply, regardless of land owner- § 2.30 Misappropriation of property ship, on all lands and waters within a and services. park area that are under the legislative (a) The following are prohibited: jurisdiction of the United States. (1) Obtaining or exercising unlawful [48 FR 30282, June 30, 1983, as amended at 52 possession over the property of another FR 35240, Sept. 18, 1987] with the purpose to deprive the owner of the property. § 2.32 Interfering with agency func- (2) Obtaining property or services of- tions. fered for sale or compensation without (a) The following are prohibited: making payment or offering to pay. (1) Interference. Threatening, resist- (3) Obtaining property or services of- ing, intimidating, or intentionally fered for sale or compensation by interfering with a government em- means of deception or a statement of ployee or agent engaged in an official past, present or future fact that is in- duty, or on account of the performance strumental in causing the wrongful of an official duty. transfer of property or services, or (2) Lawful order. Violating the lawful using stolen, forged, expired revoked or order of a government employee or fraudulently obtained credit cards or agent authorized to maintain order and paying with negotiable paper on which control public access and movement payment is refused. during fire fighting operations, search (4) Concealing unpurchased merchan- and rescue operations, wildlife manage- dise on or about the person without the ment operations involving animals knowledge or consent of the seller or that pose a threat to public safety, law paying less than purchase price by de- enforcement actions, and emergency ception. operations that involve a threat to (5) Acquiring or possessing the prop- public safety or park resources, or erty of another, with knowledge or rea- other activities where the control of son to believe that the property is sto- public movement and activities is nec- len. essary to maintain order and public (b) The regulations contained in this safety. section apply, regardless of land owner- (3) False information. Knowingly giv- ship, on all lands and waters within a ing a false or fictitious report or other
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false information: (i) To an authorized (4) Creates or maintains a hazardous person investigating an accident or or physically offensive condition. violation of law or regulation or; (ii) on (b) The regulations contained in this an application for a permit. section apply, regardless of land owner- (4) False Report. Knowingly giving a ship, on all lands and waters within a false report for the purpose of mis- park area that are under the legislative leading a government employee or jurisdiction of the United States. agent in the conduct of official duties, [48 FR 30282, June 30, 1983, as amended at 52 or making a false report that causes a FR 35240, Sept. 18, 1987] response by the United States to a fic- titious event. § 2.35 Alcoholic beverages and con- (b) The regulations contained in this trolled substances. section apply, regardless of land owner- (a) Alcoholic beverages. (1) The use and ship, on all lands and waters within a possession of alcoholic beverages with- park area that are under the legislative in park areas is allowed in accordance jurisdiction of the United States. with the provisions of this section. (2) The following are prohibited: [48 FR 30282, June 30, 1983, as amended at 52 (i) The sale or gift of an alcoholic 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 (a) A person involved in an incident age is established, that age limit will resulting in personal injury or property apply for purposes of this subpara- damage exceeding $300, other than an graph. accident reportable under §§ 3.4 or 4.4 of (ii) The possession of an alcoholic this chapter, shall report the incident beverage by a person under 21 years of to the superintendent as soon as pos- age, except where allowed by State sible. This notification does not satisfy law. In a State where a lower minimum reporting requirements imposed by ap- age is established, that age will apply plicable State law. for purposes of this subparagraph. (b) Failure to report an incident in (3)(i) The superintendent may close accordance with paragraph (a) of this all or a portion of a public use area or section is prohibited. public facility within a park area to the consumption of alcoholic beverages [48 FR 30282, June 30, 1983, as amended at 52 FR 10683, Apr. 2, 1987] and/or to the possession of a bottle, can or other receptacle containing an alco- § 2.34 Disorderly conduct. holic beverage that is open, or that has 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 (2) Uses language, an utterance, or would be inappropriate considering gesture, or engages in a display or act other uses of the location and the pur- that is obscene, physically threatening pose for which it is maintained or es- or menacing, or done in a manner that tablished; or is likely to inflict injury or incite an (B) Incidents of aberrant behavior re- immediate breach of the peace. lated to the consumption of alcoholic (3) Makes noise that is unreasonable, beverages are of such magnitude that considering the nature and purpose of the diligent application of the authori- the actor’s conduct, location, time of ties in this section and §§ 1.5 and 2.34 of day or night, and other factors that this chapter, over a reasonable time pe- would govern the conduct of a reason- riod, does not alleviate the problem. ably prudent person under the cir- (ii) A closure imposed by the super- cumstances. intendent does not apply to an open
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container of an alcoholic beverage that transportation shall be in accordance is stored in compliance with the provi- with applicable Federal and State laws. sions of § 4.14 of this chapter. (b) Using or possessing fireworks and (iii) Violating a closure imposed pur- firecrackers is prohibited, except pur- suant to this section is prohibited. suant to the terms and conditions of a (b) Controlled substances. The fol- permit or in designated areas under lowing are prohibited: such conditions as the superintendent (1) The delivery of a controlled sub- may establish, and in accordance with stance, except when distribution is applicable State law. made by a practitioner in accordance (c) Violation of the conditions estab- with applicable law. For the purposes lished by the superintendent or of the of this paragraph, delivery means the terms and conditions of a permit issued actual, attempted or constructive in accordance with this section is pro- transfer of a controlled substance hibited and may result in the suspen- whether or not there exists an agency sion or revocation of the permit. relationship. (2) The possession of a controlled sub- § 2.50 Special events. stance, unless such substance was ob- (a) Sports events, pageants, regattas, tained by the possessor directly, or public spectator attractions, entertain- pursuant to a valid prescription or ments, 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, his- (b) This regulation applies, regardless toric, or commemorative zones. of land ownership, on all lands and wa- (3) Unreasonably interfere with inter- ters within a park area that are under pretive, visitor service, or other pro- the legislative jurisdiction of the gram activities, or with the adminis- United States. trative activities of the National Park 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 of National Park Service concessioners § 2.37 Noncommercial soliciting. or contractors; or Soliciting or demanding gifts, (5) Present a clear and present danger money, goods or services is prohibited, to the public health and safety; or except pursuant to the terms and con- (6) Result in significant conflict with ditions of a permit that has been issued other existing uses. under § 2.50, § 2.51 or § 2.52. (b) An application for such a permit shall set forth the name of the appli- § 2.38 Explosives. cant, the date, time, duration, nature (a) Using, possessing, storing, or and place of the proposed event, an es- transporting explosives, blasting timate of the number of persons ex- agents or explosive materials is prohib- pected to attend, a statement of equip- ited, except pursuant to the terms and ment and facilities to be used, and any conditions of a permit. When per- other information required by the su- mitted, the use, possession, storage and perintendent. The application shall be
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submitted so as to reach the super- permit do not reasonably allow mul- intendent at least 72 hours in advance tiple occupancy of that particular area; of the proposed event. or (c) As a condition of permit issuance, (2) It reasonably appears that the the superintendent may require: event will present a clear and present (1) The filing of a bond payable to the danger to the public health or safety; Director, in an amount adequate to or cover costs such as restoration, reha- (3) The event is of such nature or du- bilitation, and cleanup of the area ration that it cannot reasonably be ac- used, and other costs resulting from commodated in the particular location the special event. In lieu of a bond, a applied for, considering such things as permittee may elect to deposit cash damage to park resources or facilities, equal to the amount of the required bond. impairment of a protected area’s at- (2) In addition to the requirements of mosphere of peace and tranquillity, in- paragraph (c)(1) of this section, the ac- terference with program activities, or quisition of liability insurance in impairment of public use facilities. which the United States is named as (d) If a permit is denied, the appli- co-insured in an amount sufficient to cant shall be so informed in writing, protect the United States. with the reason(s) for the denial set (d) The permit may contain such con- forth. ditions as are reasonably consistent (e) The superintendent shall des- with protection and use of the park ignate on a map, that shall be available area for the purposes for which it is es- in the office of the superintendent, the tablished. It may also contain reason- locations available for public assem- able limitations on the equipment used blies. Locations may be designated as and the time and area within which the not available only if such activities event is allowed. would: (e) Violation of the terms and condi- (1) Cause injury or damage to park tions of a permit issued in accordance resources; or with this section is prohibited and may (2) Unreasonably impair the atmos- result in the suspension or revocation phere of peace and tranquillity main- of the permit. tained in wilderness, natural, historic [48 FR 30282, June 30, 1983; 48 FR 31847, July or commemorative zones; or 11, 1983] (3) Unreasonably interfere with inter- pretive, visitor service, or other pro- § 2.51 Public assemblies, meetings. gram activities, or with the adminis- (a) Public assemblies, meetings, trative activities of the National Park gatherings, demonstrations, parades Service; or and other public expressions of views (4) Substantially impair the oper- are allowed within park areas, provided ation of public use facilities or services a permit therefor has been issued by of National Park Service concessioners the superintendent. or contractors; or (b) An application for such a permit (5) Present a clear and present danger shall set forth the name of the appli- to the public health and safety. cant; the date, time, duration, nature and place of the proposed event; an es- (f) The permit may contain such con- timate of the number of persons ex- ditions as are reasonably consistent pected to attend; a statement of equip- with protection and use of the park ment and facilities to be used and any area for the purposes for which it is es- other information required by the per- tablished. It may also contain reason- mit application form. able limitations on the equipment used (c) The superintendent shall, without and the time and area within which the unreasonable delay, issue a permit on event is allowed. proper application unless: (g) No permit shall be issued for a pe- (1) A prior application for a permit riod in excess of 7 days, provided that for the same time and place has been permits may be extended for like peri- made that has been or will be granted ods, upon a new application, unless an- and the activities authorized by that other applicant has requested use of
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the same location and multiple occu- number that can reasonably be accom- pancy of that location is not reason- modated in the particular location ap- ably possible. plied for, considering such things as (h) It is prohibited for persons en- damage to park resources or facilities, gaged in activities covered under this impairment of a protected area’s at- section to obstruct or impede pedes- mosphere of peace and tranquility, in- trians or vehicles, or harass park visi- terference with program activities, or tors with physical contact. impairment of public use facilities; or (i) A permit may be revoked under (4) The location applied for has not any of those conditions, as listed in been designated as available for the paragraph (c) of this section, that con- sale or distribution of printed matter; stitute grounds for denial of a permit, or or for violation of the terms and condi- (5) The activity would constitute a tions of the permit. Such a revocation violation of an applicable law or regu- shall be made in writing, with the rea- lation. son(s) for revocation clearly set forth, (d) If a permit is denied, the appli- except under emergency cir- cant shall be so informed in writing, cumstances, when an immediate verbal with the reason(s) for the denial set revocation or suspension may be made forth. to be followed by written confirmation (e) The superintendent shall des- within 72 hours. ignate on a map, which shall be avail- (j) Violation of the terms and condi- able for inspection in the office of the tions of a permit issued in accordance superintendent, the locations within with this section may result in the sus- the park area that are available for the pension or revocation of the permit. sale or distribution of printed matter. Locations may be designated as not § 2.52 Sale or distribution of printed matter. available only if the sale or distribu- tion of printed matter would: (a) The sale or distribution of printed (1) Cause injury or damage to park matter is allowed within park areas, resources; or provided that a permit to do so has been issued by the superintendent, and (2) Unreasonably impair the atmos- provided further that the printed mat- phere of the peace and tranquility ter is not solely commercial adver- maintained in wilderness, natural, his- tising. toric, or commemorative zones; or (b) An application for such a permit (3) Unreasonably interfere with inter- shall set forth the name of the appli- pretive, visitor service, or other pro- cant, the name of the organization (if gram activities, or with the adminis- any), the date, time, duration, and lo- trative activities of the National Park cation of the proposed sale or distribu- Service; or tion, the number of participants, and (4) Substantially impair the oper- any other information required by the ation of public use facilities or services permit application form. of National Park Service concessioners (c) The superintendent shall, without or contractors. unreasonable delay, issue a permit on (5) Present a clear and present dam- proper application unless: age to the public health and safety. (1) A prior application for a permit (f) The permit may contain such con- for the same time and location has ditions as are reasonably consistent been made that has been or will be with protection and use of the park granted and the activities authorized area for the purposes for which it is es- by that permit do not reasonably allow tablished. multiple occupancy of the particular (g) No permit shall be issued for a pe- area; or riod in excess of 14 consecutive days, (2) It reasonably appears that the provided that permits may be extended sale or distribution will present a clear for like periods, upon a new applica- and present danger to the public health tion, unless another applicant has re- and safety; or quested use of the same location and (3) The number of persons engaged in multiple occupancy of that location is the sale or distribution exceeds the not reasonably possible.
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(h) It is prohibited for persons en- be impounded by the superintendent gaged in the sale or distribution of and, if not claimed by the owner within printed matter under this section to the periods specified in this paragraph, obstruct or impede pedestrians or vehi- shall be disposed of in accordance with cles, harass park visitors with physical applicable Federal and State law. contact or persistent demands, mis- (2) In the absence of applicable Fed- represent the purposes or affiliations of eral or State law, the livestock shall be those engaged in the sale or distribu- disposed of in the following manner: tion, or misrepresent whether the (i) If the owner is known, prompt printed matter is available without cost or donation. written notice of impoundment will be (i) A permit may be revoked under served, and in the event of the owner’s any of those conditions, as listed in failure to remove the impounded live- paragraph (c) of this section, that con- stock within five (5) days from delivery stitute grounds for denial of a permit, of such notice, it will be disposed of in or for violation of the terms and condi- accordance with this paragraph. tions of the permit. Such a revocation (ii) If the owner is unknown, disposal shall be made in writing, with the rea- of the livestock shall not be made until son(s) for revocation clearly set forth, at least fifteen (15) days have elapsed except under emergency cir- from the date that a notice of im- cumstances, when an immediate verbal poundment is originally published in a revocation or suspension may be made, newspaper of general circulation in the to be followed by written confirmation county in which the trespass occurs or, within 72 hours. if no such newspaper exists, notifica- (j) Violation of the terms and condi- tion is provided by other appropriate tions of a permit issued in accordance means. with this section may result in the sus- (iii) The owner may redeem the live- pension or revocation of the permit. stock by submitting proof of ownership § 2.60 Livestock use and agriculture. and paying all expenses of the United States for capturing, advertising, pas- (a) The running-at-large, herding, turing, feeding, impounding, and the driving across, allowing on, pasturing or grazing of livestock of any kind in a amount of damage to public property park area or the use of a park area for injured or destroyed as a result of the agricultural purposes is prohibited, ex- trespass. cept: (iv) In determining the claim of the (1) As specifically authorized by Fed- government in a livestock trespass, the eral statutory law; or value of forage consumed shall be com- (2) As required under a reservation of puted at the commerical rates pre- use rights arising from acquisition of a vailing in the locality for the class of tract of land; or livestock found in trespass. The claim (3) As designated, when conducted as shall include the pro rata salary of em- a necessary and integral part of a rec- ployees for the time spent and the ex- reational activity or required in order penses incurred as a result of the inves- to maintain a historic scene. tigation, reporting, and settlement or (b) Activities authorized pursuant to prosecution of the claim. any of the exceptions provided for in (v) If livestock impounded under this paragraph (a) of this section shall be paragraph is offered at public sale and allowed only pursuant to the terms and no bid is received, or if the highest bid conditions of a license, permit or lease. received is less than the amount of the Violation of the terms and conditions of a license, permit or lease issued in claim of the United States or of the of- accordance with this paragraph is pro- ficer’s appraised value of the livestock, hibited and may result in the suspen- whichever is the lesser amount, such sion or revocation of the license, per- livestock, may be sold at private sale mit, or lease. for the highest amount obtainable, (c) Impounding of livestock. (1) Live- condemned and destroyed, or converted stock trespassing in a park area may to the use of the United States.
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§ 2.61 Residing on Federal lands. Regulations, title 49 Code of Federal (a) Residing in park areas, other than Regulations, and the laws and regula- on privately owned lands, except pursu- tions of the State within whose exte- ant to the terms and conditions of a rior boundaries a park area or portion permit, lease or contract, is prohibited. thereof is located shall govern water (b) Violation of the terms and condi- use, vessels, and their operation and tions of a permit issued in accordance are adopted as a part of these regula- with this section is prohibited and may tions. result in the suspension or revocation (b) As adopted herein, Federal regula- of the permit. tions authorizing an action by the ‘‘captain of the port’’ or another officer § 2.62 Memorialization. or employee of the United States Coast (a) The installation of a monument, Guard, authorize a like action by the memorial, tablet, structure, or other superintendent. commemorative installation in a park area without the authorization of the § 3.2 National Park Service distinctive Director is prohibited. identification. (b) The scattering of human ashes (a) The distinctive identification in- from cremation is prohibited, except signia of National Park Service vessels pursuant to the terms and conditions shall consist of the following: of a permit, or in designated areas ac- (1) Three adjacent diagonal stripes cording to conditions which may be es- running from the waterline to the gun- tablished by the superintendent. wale on both port and starboard (c) Failure to abide by area designa- topsides approximately one-quarter of tions and established conditions is pro- the length from the bow. The stripes hibited. ° (d) Violation of the terms and condi- are set at an angle of 30 from the tions of a permit issued in accordance vertical, approximately parallel to the with this section is prohibited and may bow. The insignia consists of a broad result in the suspension or revocation forest green stripe followed by one nar- of the permit. row white and one narrow forest green stripe. Width of the broad green stripe PART 3—BOATING AND WATER USE shall be 1⁄2 the vertical distance be- ACTIVITIES tween gunwale and waterline. The nar- row white and green stripes are 8% and 11% the width of the main green stripe Sec. 3.1 Applicable regulations. respectively. 3.2 National Park Service distinctive iden- (2) The National Park Service arrow- tification. head symbol, described in 36 CFR part 3.3 Permits. 11, centered within the broad green di- 3.4 Accidents. agonal stripe. 3.5 Inspections. 3.6 Prohibited operations. (3) The words ‘‘National Park Serv- 3.7 Noise abatement. ice’’ in contrasting color to vessel hull 3.20 Water skiing. and utilized in place of State identi- 3.21 Swimming and bathing. fication/registration numbers on the 3.22 Surfing. bow. 3.23 SCUBA and snorkeling. (b) Displaying identifying markings 3.24 Regulation of personal watercraft (PWC). identical to or resembling those pre- scribed for National Park Service ves- AUTHORITY: 16 U.S.C. 1, 1a–2(h), 3. sels is prohibited. SOURCE: 48 FR 30290, June 30, 1983, unless otherwise noted. § 3.3 Permits. § 3.1 Applicable regulations. The superintendent may require a permit for use of a vessel within a park (a) In addition to the regulations area in accordance with the criteria contained in this part, title 14 United and procedures of § 1.6 of this chapter. States Code, title 33 Code of Federal Regulations, title 46 Code of Federal [51 FR 29470, Aug. 18, 1986]
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§ 3.4 Accidents. (1) In areas so designated; or (a) All incidents involving an acci- (2) Within 100 feet of a diver’s mark- dent, collision, fire injury or other cas- er, downed water skier or swimmer. ualty shall be reported to the super- (e) Operating a vessel not propelled intendent within 24 hours. Filing this by hand within 500 feet of a location report does not satisfy applicable designated as a swimming beach. This United States Coast Guard, State and prohibition does not apply in locations county accident report requirements. such as rivers, channels, or narrow (b) Failure to report an incident to coves where passage is restricted to the superintendent as soon as possible less than 500 feet. In such restrictive is prohibited. locations, the operation of a vessel in excess of 5 mph or creating a wake is § 3.5 Inspections. prohibited. (a) Authorized persons may at any (f) Allowing a person to ride on the time stop or board a vessel to examine gunwales, transom, or on the decking documents, licenses or permits relating over the bow of a vessel propelled by to operation of the vessel, and to in- machinery, operating in excess of 5 spect such vessel to determine compli- ance with regulations pertaining to mph; Provided, however, That this pro- safety equipment and operation. vision shall not apply under the fol- (b) An authorized person who ob- lowing circumstances: serves a vessel being operated without (1) When that portion of the vessel sufficient lifesaving or firefighting de- was designed and constructed for the vices, or in an overloaded or unsafe purpose of carrying passengers safely condition, as defined in United States at all speeds, Coast Guard or National Park Service (2) When the vessel is being maneu- regulations, may direct the operator to vered for anchoring, mooring or cast- take immediate and reasonable steps ing off moorings. necessary for the safety of those (g) Attaching a vessel to or inter- aboard the vessel, including but not fering with a marker, navigation buoy limited to directing the operator to: or other navigational aid. (1) Correct the hazardous condition (h) Using trailers to launch or re- immediately; (2) Proceed to a mooring, dock, or an- cover vessels, except at designated chorage; or launching sites. (3) Suspend further use of the boat (i) Launching a vessel propelled by until the hazardous condition is cor- machinery at other than designated rected. launch sites. (c) Violation of directions issued in (j) Operating a vessel propelled by accordance with paragraph (b) of this machinery on waters not directly ac- section is prohibited. cessible by road. (k) Launching or operating airboats. § 3.6 Prohibited operations. (l) Operating a vessel in excess of des- The following are prohibited: ignated size, length or width restric- (a) Operating a vessel, or knowingly tions. allowing another person to operate a vessel, in a reckless or negligent man- § 3.7 Noise abatement. ner, or in a manner so as to endanger or be likely to endanger a person or Operating a vessel in or upon inland property. waters so as to exceed a noise level of (b) Operating a vessel when under the 82 decibels measured at a distance of 82 influence of alcohol or controlled sub- feet (25 meters) from the vessel is pro- stance to a degree that may endanger hibited. Testing procedures employed oneself or another person or damage to determine such noise levels shall be property or park resources. in accordance with or equal to the Ex- (c) Failing to observe restrictions es- terior Sound Level Measurement Pro- tablished by a regulatory marker. cedure for Vessels recommended by the (d) Operating a vessel in excess of 5 Society of Automotive Engineers SAE– mph or creating a wake: J34a (Revised April, 1977).
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§ 3.20 Water skiing. activities within locations designated as swimming beaches. (a) The towing of persons by vessels is prohibited, except in designated wa- § 3.22 Surfing. ters. (b) Where towing is authorized, the The use of surfboards and similar following are prohibited: rigid devices within locations des- ignated as swimming beaches is prohib- (1) Towing between the hours of sun- ited. set and sunrise. (2) Towing without one person (other § 3.23 SCUBA and snorkeling. than the operator) observing the progress of the person being towed. The following are prohibited: (a) SCUBA diving and snorkeling (3) Towing a person who is not wear- within locations designated as swim- ing a personal flotation device. If the ming, docking, or mooring areas, ex- person being towed is wearing a flota- cept in accordance with conditions tion device not approved by the United which may be established by the super- States Coast Guard, there must be an intendent. approved personal flotation device (b) Diving in waters open to the use readily available in the towing vessel. of vessels, other than those propelled (4) Towing or being towed in channels by hand, without displaying a standard or within 500 feet of areas designated as diver flag. harbors, swimming beaches, or moor- ing areas, or within 100 feet of a person § 3.24 Regulation of personal water- fishing or swimming, or a diver’s mark- craft (PWC). er. (a) Is personal watercraft (PWC) use § 3.21 Swimming and bathing. prohibited in units of the National Park System? Yes, the use of personal (a) The following are prohibited: watercraft in units of the National (1) Swimming or bathing in locations Park System is prohibited, except in designated as closed. designated areas. (2) Swimming or bathing in violation (b) How will the National Park Service of designated restrictions. designate areas for PWC use? We will (3) Swimming from vessels which are designate areas for personal watercraft underway, except in circumstances through the FEDERAL REGISTER, using where a capable operator is on board special regulations, except for the park and all propulsion machinery is off and/ areas identified in the following Table or sails are furled. 1, where personal watercraft use may (b) The superintendent may prohibit be designated using the criteria and the use of flotation devices, glass con- procedures of §§ 1.5 and 1.7 of this chap- tainers, kites, or incompatible sporting ter:
TABLE 1—PARK DESIGNATED PWC USE
Name Water type State
Amistad National Recreation Area ...... Impounded Lake ...... TX Bighorn Canyon National Recreation Area ...... Impounded Lake ...... MT Chickasaw National Recreation Area ...... Impounded Lake ...... OK Curecanti National Recreation Area ...... Impounded Lake ...... CO Gateway National Recreation Area ...... Open Ocean/Bay ...... NY Glen Canyon National Recreation Area ...... Impounded Lake ...... AZ/UT Lake Mead National Recreation Area ...... Impounded Lake ...... AZ/NV Lake Meredith National Recreation Area ...... Impounded Lake ...... TX Lake Roosevelt National Recreation Area ...... Impounded Lake ...... WA Whiskeytown-Shasta-Trinity National Recreation Area ...... Impounded Lake ...... CA
(c) How does the grace period apply? 2000 to April 22, 2002) from the require- For the park areas identified in Tables ments of this section. During the grace 1 and 2 of this section, this section pro- period no authorizing administrative vides a two-year grace period (April 20,
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action is needed to allow PWCs to con- tinue to operate in the park areas iden- tified in this section. Table 2 follows:
TABLE 2.—SPECIAL REGULATION PWC USE
Name Water type State
I. National Seashores: Assateague Island National Seashore ...... Open Ocean/Bay ...... MD/VA Cape Cod National Seashore ...... Open Ocean/Bay ...... MA Cape Lookout National Seashore ...... Open Ocean/Bay ...... NC Cumberland Island National Seashore ...... Open Ocean/Bay ...... GA Fire Island National Seashore ...... Open Ocean/Bay ...... NY Gulf Islands National Seashore ...... Open Ocean/Bay ...... FL/MS Padre Island National Seashore ...... Open Ocean/Bay ...... TX II. National Lakeshores: Indiana Dunes National Lakeshore ...... Natural Lake ...... IN Pictured Rocks National Lakeshore ...... Natural Lake ...... MI III. National Recreation Area: Delaware Water Gap National Recreation Area ...... River ...... PA/NJ IV. National Preserve: Big Thicket National Preserve ...... River ...... TX
[65 FR 15089, Mar. 21, 2000]
PART 4—VEHICLES AND TRAFFIC § 4.2 State law applicable. SAFETY (a) Unless specifically addressed by regulations in this chapter, traffic and Sec. the use of vehicles within a park area 4.1 Applicability and scope. are governed by State law. State law 4.2 State law applicable. that is now or may later be in effect is 4.3 Authorized emergency vehicles. adopted and made a part of the regula- 4.4 Report of motor vehicle accident. tions in this part. 4.10 Travel on park roads and designated (b) Violating a provision of State law routes. is prohibited. 4.11 Load, weight and size limits. 4.12 Traffic control devices. § 4.3 Authorized emergency vehicles. 4.13 Obstructing traffic. 4.14 Open container of alcoholic beverage. (a) The operator of an authorized 4.15 Safety belts. emergency vehicle, when responding to 4.20 Right of way. an emergency or when pursuing or ap- 4.21 Speed limits. prehending an actual or suspected vio- 4.22 Unsafe operation. lator of the law, may: 4.23 Operating under the influence of alco- (1) Disregard traffic control devices; hol or drugs. (2) Exceed the speed limit; and 4.30 Bicycles. (3) Obstruct traffic. 4.31 Hitchhiking. (b) The provisions of paragraph (a) of AUTHORITY: 16 U.S.C. 1, 3, 9a, 462(k). this section do not relieve the operator from the duty to operate with due re- SOURCE: 52 FR 10683, Apr. 2, 1987, unless gard for the safety of persons and prop- otherwise noted. erty.
§ 4.1 Applicability and scope. § 4.4 Report of motor vehicle accident. The applicability of the regulations (a) The operator of a motor vehicle in this part is described in § 1.2 of this involved in an accident resulting in chapter. The regulations in this part property damage, personal injury or also apply, regardless of land owner- death shall report the accident to the ship, on all roadways and parking areas superintendent as soon as practicable, within a park area that are open to but within 24 hours of the accident. If public traffic and that are under the the operator is physically incapable of legislative jurisdiction of the United reporting the accident, an occupant of States. the vehicle shall report the accident to the superintendent.
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(b) A person shall not tow or move a ever, the superintendent may designate vehicle that has been involved in an ac- more restrictive limits when appro- cident without first notifying the su- priate for traffic safety or protection of perintendent unless the position of the the road surface. The superintendent vehicle constitutes a hazard or prior may require a permit and establish notification is not practicable, in conditions for the operation of a vehi- which case notification shall be made cle exceeding designated limits. before the vehicle is removed from the (b) The following are prohibited: park area. (1) Operating a vehicle that exceeds a (c) Failure to comply with a report- load, weight or size limit designated by ing requirement specified in paragraph the superintendent. (a) or (b) of this section is prohibited. (2) Failing to obtain a permit when (d) The notification requirements im- required. posed by this section do not relieve the (3) Violating a term or condition of a operator and occupants of a motor ve- permit. hicle involved in an accident of the re- (4) Operating a motor vehicle with an sponsibility to satisfy reporting re- auxiliary detachable side mirror that quirements imposed by State law. extends more than 10 inches beyond the side fender line except when the motor § 4.10 Travel on park roads and des- vehicle is towing a second vehicle. ignated routes. (c) Violating a term or condition of a (a) Operating a motor vehicle is pro- permit may also result in the suspen- hibited except on park roads, in park- sion or revocation of the permit by the ing areas and on routes and areas des- superintendent. ignated for off-road motor vehicle use. (b) Routes and areas designated for § 4.12 Traffic control devices. off-road motor vehicle use shall be pro- Failure to comply with the directions mulgated as special regulations. The of a traffic control device is prohibited designation of routes and areas shall unless otherwise directed by the super- comply with § 1.5 of this chapter and intendent. E.O. 11644 (37 FR 2887). Routes and areas may be designated only in na- § 4.13 Obstructing traffic. tional recreation areas, national sea- The following are prohibited: shores, national lakeshores and na- (a) Stopping or parking a vehicle tional preserves. upon a park road, except as authorized (c) The following are prohibited: by the superintendent, or in the event (1) Operating a motor vehicle not of an accident or other condition be- equipped with pneumatic tires, except yond the control of the operator. that a track-laying motor vehicle or a (b) Operating a vehicle so slowly as motor vehicle equipped with a similar to interfere with the normal flow of traction device may be operated on a traffic. route designated for these vehicles by the superintendent. § 4.14 Open container of alcoholic bev- (2) Operating a motor vehicle in a erage. manner that causes unreasonable dam- (a) Each person within a motor vehi- age to the surface of a park road or cle is responsible for complying with route. the provisions of this section that per- (3) Operating a motor vehicle on a tain to carrying an open container. The route or area designated for off-road operator of a motor vehicle is the per- motor vehicle use, from 1⁄2 hour after son responsible for complying with the sunset to 1⁄2 hour before sunrise, with- provisions of this section that pertain out activated headlights and taillights to the storage of an open container. that meet the requirements of State (b) Carrying or storing a bottle, can law for operation on a State highway. or other receptacle containing an alco- holic 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.
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(c) This section does not apply to: places of public assemblage and at (1) An open container stored in the emergency scenes. trunk of a motor vehicle or, if a motor (2) 25 miles per hour: upon sections of vehicle is not equipped with a trunk, to park road under repair or construction. an open container stored in some other (3) 45 miles per hour: upon all other portion of the motor vehicle designed park roads. for the storage of luggage and not nor- (b) The superintendent may des- mally occupied by or readily accessible ignate a different speed limit upon any to the operator or passengers; or park road when a speed limit set forth (2) An open container stored in the in paragraph (a) of this section is de- living quarters of a motor home or termined to be unreasonable, unsafe or camper; or inconsistent with the purposes for (3) Unless otherwise prohibited, an which the park area was established. open container carried or stored in a Speed limits shall be posted by using motor vehicle parked at an authorized standard traffic control devices. campsite where the motor vehicle’s oc- (c) Operating a vehicle at a speed in cupant(s) are camping. excess of the speed limit is prohibited. (d) For the purpose of paragraph (d) An authorized person may utilize (c)(1) of this section, a utility compart- radiomicrowaves or other electrical de- ment or glove compartment is deemed vices to determine the speed of a vehi- to be readily accessible to the operator cle on a park road. Signs indicating and passengers of a motor vehicle. that vehicle speed is determined by the use of radiomicrowaves or other elec- § 4.15 Safety belts. trical devices are not required. (a) Each operator and passenger oc- § 4.22 Unsafe operation. cupying any seating position of a motor vehicle in a park area will have (a) The elements of this section con- the safety belt or child restraint sys- stitute offenses that are less serious tem properly fastened at all times than reckless driving. The offense of when the vehicle is in motion. The reckless driving is defined by State law safety belt and child restraint system and violations are prosecuted pursuant will conform to applicable United to the provisions of section 4.2 of this States Department of Transportation chapter. standards. (b) The following are prohibited: (b) This section does not apply to an (1) Operating a motor vehicle without occupant in a seat that was not origi- due care or at a speed greater than nally equipped by the manufacturer that which is reasonable and prudent with a safety belt nor does it apply to considering wildlife, traffic, weather, a person who can demonstrate that a road and light conditions and road medical condition prevents restraint character. by a safety belt or other occupant re- (2) Operating a motor vehicle in a straining device. manner which unnecessarily causes its tires to squeal, skid or break free of [62 FR 61633, Nov. 19, 1997] the road surface. (3) Failing to maintain that degree of § 4.20 Right of way. control of a motor vehicle necessary to An operator of a motor vehicle shall avoid danger to persons, property or yield the right of way to pedestrians, wildlife. saddle and pack animals and vehicles (4) Operating a motor vehicle while drawn by animals. Failure to yield the allowing a person to ride: right of way is prohibited. (i) On or within any vehicle, trailer or other mode of conveyance towed be- § 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
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on the floor of a truck bed equipped centration in the operator’s blood or with sides, unless prohibited by State breath at the time of testing is less law. than alcohol concentrations specified in paragraph (a)(2) of this section, this § 4.23 Operating under the influence of fact does not give rise to any presump- alcohol or drugs. tion that the operator is or is not (a) Operating or being in actual phys- under the influence of alcohol. ical control of a motor vehicle is pro- (2) The provisions of paragraph (d)(1) hibited while: of this section are not intended to (1) Under the influence of alcohol, or limit the introduction of any other a drug, or drugs, or any combination competent evidence bearing upon the thereof, to a degree that renders the question of whether the operator, at operator incapable of safe operation; or the time of the alleged violation, was (2) The alcohol concentration in the under the influence of alcohol, or a operator’s blood or breath is 0.10 grams drug, or drugs, or any combination or more of alcohol per 100 milliliters of thereof. blood or 0.10 grams or more of alcohol per 210 liters of breath. Provided how- § 4.30 Bicycles. ever, that if State law that applies to operating a motor vehicle while under (a) The use of a bicycle is prohibited the influence of alcohol establishes except on park roads, in parking areas more restrictive limits of alcohol con- and on routes designated for bicycle centration in the operator’s blood or use; provided, however, the super- breath, those limits supersede the lim- intendent may close any park road or its specified in this paragraph. parking area to bicycle use pursuant to (b) The provisions of paragraph (a) of the criteria and procedures of §§ 1.5 and this section also apply to an operator 1.7 of this chapter. Routes may only be who is or has been legally entitled to designated for bicycle use based on a use alcohol or another drug. written determination that such use is (c) Tests. (1) At the request or direc- consistent with the protection of a tion of an authorized person who has park area’s natural, scenic and aes- probable cause to believe that an oper- thetic values, safety considerations ator of a motor vehicle within a park and management objectives and will area has violated a provision of para- not disturb wildlife or park resources. graph (a) of this section, the operator (b) Except for routes designated in shall submit to one or more tests of the developed areas and special use zones, blood, breath, saliva or urine for the routes designated for bicycle use shall purpose of determining blood alcohol be promulgated as special regulations. and drug content. (c) A person operating a bicycle is (2) Refusal by an operator to submit subject to all sections of this part that to a test is prohibited and proof of re- apply to an operator of a motor vehi- fusal may be admissable in any related cle, except §§ 4.4, 4.10, 4.11 and 4.14. judicial proceeding. (d) The following are prohibited: (3) Any test or tests for the presence (1) Possessing a bicycle in a wilder- of alcohol and drugs shall be deter- mined by and administered at the di- ness area established by Federal stat- rection of an authorized person. ute. (4) Any test shall be conducted by (2) Operating a bicycle during periods using accepted scientific methods and of low visibility, or while traveling equipment of proven accuracy and reli- through a tunnel, or between sunset ability operated by personnel certified and sunrise, without exhibiting on the in its use. operator or bicycle a white light or re- (d) Presumptive levels. (1) The results flector that is visible from a distance of chemical or other quantitative tests of at least 500 feet to the front and with are intended to supplement the ele- a red light or reflector visible from at ments of probable cause used as the least 200 feet to the rear. basis for the arrest of an operator (3) Operating a bicycle abreast of an- charged with a violation of paragraph other bicycle except where authorized (a)(1) of this section. If the alcohol con- by the superintendent.
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(4) Operating a bicycle while con- weight, shall conform with all applica- suming an alcoholic beverage or car- ble Federal, State, and local laws and rying in hand an open container of an regulations (See also § 2.35 of this chap- alcoholic beverage. ter.) (b) No such liquor shall be sold on § 4.31 Hitchhiking. 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- tor. Sec. 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. the Regional Directors shall take into 5.4 Commercial passenger-carrying motor consideration the character of the vehicles. neighborhood, the availability of other 5.5 Commercial photography. 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- tices. (2) A fee will be charged for the 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 leas- ing. permit is situated. (3) The applicant or permittee may AUTHORITY: 16 U.S.C. 1, 3, 9a, 17j–2, 462. 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 revok- ing 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- (b) The use of government roads tation, assumes responsibility for fi- within park areas by commercial vehi- nancial risk and management, and de- cles, when such use is in no way con- termines who shall be transported upon nected with the operation of the park what terms, conditions, or charges. area, is prohibited, except that in The operator may be the owner, but emergencies the Superintendent may need not be. grant permission to use park roads. (b) Passenger-carrying motor vehi- (c) The Superintendent shall issue cles, otherwise admissible, that are so permits for commercial vehicles used large as to require special escort in on park area roads when such use is order to proceed safely over park roads, necessary for access to private lands or which in the judgment of the Super- situated within or adjacent to the park intendent are beyond the carrying ca- area, to which access is otherwise not pacity or safety factor of the roads, will not be permitted in the parks, ex- available. cept that, where they may satisfac- § 5.7 Construction of buildings or torily enter and travel to park head- other facilities. quarters they may be parked there dur- ing the period of stay. Constructing or attempting to con- struct a building, or other structure, (5 U.S.C. 553; 39 Stat. 535; 16 U.S.C. 3) boat dock, road, trail, path, or other [31 FR 16660, Dec. 29, 1966, as amended at 37 way, telephone line, telegraph line, FR 12722, June 28, 1972; 38 FR 10639, Apr. 30, power line, or any other private or pub- 1973; 60 FR 35841, July 12, 1995; 65 FR 37878, lic utility, upon across, over, through, June 19, 2000] or under any park areas, except in ac- § 5.5 Commercial photography. cordance with the provisions of a valid permit, contract, or other written (a) Motion pictures, television. Before agreement with the United States, is any motion picture may be filmed or prohibited. any television production or sound track may be made, which involves the § 5.8 Discrimination in employment use of professional casts, settings, or practices. crews, by any person other than bona fide newsreel or news television per- (a) The proprietor, owner, or operator sonnel, written permission must first of any hotel, inn, lodge or other facil- be obtained from the Superintendent, ity or accommodation offered to or en- in accordance with the provisions of joyed by the general public within any the special regulations contained in park area is prohibited from discrimi- part 5, subtitle A, title 43 of the Code of nating against any employee or main- Federal Regulations. taining any employment practice (b) Still photography. The taking of which discriminates because of race, photographs of any vehicle, or other creed, color, ancestry, sex, age, dis- articles of commerce or models for the abling condition, or national origin in purpose of commercial advertising connection with any activity provided without a written permit from the Su- for or permitted by contract with or perintendent is prohibited. permit from the Government or by de- rivative subcontract or sublease. As § 5.6 Commercial vehicles. used in this section, the term ‘‘employ- (a) The term ‘‘Commercial vehicle’’ ment’’ includes, but is not limited to, as used in this section shall include, employment, upgrading, demotion, or but not be limited to trucks, station transfer; recruitment, or recruitment wagons, pickups, passenger cars or advertising; layoffs or termination; other vehicles when used in trans- rates of pay or other forms of com- porting movable property for a fee or pensation; and selection for training profit, either as a direct charge to an- including apprenticeship. other person, or otherwise, or used as (b) Each such proprietor, owner or an incident to providing services to an- other person, or used in connection operator shall post either the following with any business. notice:
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NOTICE spicuous 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 both. No discrimination by segregation or other Complaints or violations of this prohibi- means in the furnishing of accommodations, tion should be addressed to the Director, Na- facilities, services, or privileges on the basis tional Park Service, P.O. Box 37127, Wash- of race, creed, color, ancestry, sex, age, dis- ington, D.C. 20013–7127. abling condition or national origin is per- mitted in the use of this facility. Violations or notices supplied in accordance with of this prohibition are punishable by fine, Executive Order 11246 at such locations imprisonment, or both. as will ensure that the notice and its Complaints of violations of this prohibi- contents will be conspicuous to any tion should be addressed to the Director, Na- person seeking employment. tional Park Service, P.O. Box 37127, Wash- (c) The regulations contained in this ington, D.C. 20013–7127. section apply, regardless of land owner- (c) The regulations contained in this ship, on all lands and waters within a section apply, regardless of land owner- park area that are under the legislative ship, on all lands and waters within a jurisdiction of the United States. park area that are under the legislative [31 FR 16660, Dec. 29, 1966, as amended at 52 jurisdiction of the United States. FR 35240, Sept. 18, 1987; 53 FR 740, Jan. 12, 1988] [31 FR 16660, Dec. 29, 1966, as amended at 52 FR 35240, Sept. 18, 1987; 53 FR 740, Jan. 12, § 5.9 Discrimination in furnishing pub- 1988] lic accommodations and transpor- tation services. § 5.10 Eating, drinking, or lodging es- tablishments. (a) The proprietor, owner or operator and the employees of any hotel, inn, (a) No establishment offering food, lodge, or other facility or accommoda- drink, or lodging for sale on any pri- tion offered to or enjoyed by the gen- vately owned lands under the legisla- eral public within a park area and, tive jurisdiction of the United States while using such a park area, any com- within Glacier, Lassen Volcanic, Mesa mercial passenger-carrying motor vehi- Verde, Denali, Mount Rainier, Olym- cle service and its employees, are pro- pic, Rocky Mountain, Sequoia-Kings hibited from: (1) Publicizing the facili- Canyon, Yellowstone, and Yosemite ties, accommodations or any activity National Parks may be operated with- conducted therein in any manner that out a permit obtained from the Super- would directly or inferentially reflect intendent. Such permit may include upon or question the acceptability of terms and conditions deemed necessary any person or persons because of race, by the Superintendent to the health, creed, color, ancestry, sex, age, dis- safety and welfare of the public and it abling condition, or national origin; or may be revoked upon failure to comply (2) discriminating by segregation or with the requirements of paragraphs otherwise against any person or per- (b) and (c) of this section or the condi- sons because of race, creed, color, an- tions set forth in the permit. cestry, sex, age, disabling condition, or (b) Such establishment shall be national origin in furnishing or refus- maintained and operated in accordance ing to furnish such person or persons with the rules and regulations rec- any accommodation, facility, service, ommended by the U.S. Public Health or privilege offered to or enjoyed by Service for such establishments, and the general public. the substantive requirements of State (b) Each such proprietor, owner, or and local laws and regulations relating operator shall post the following notice to such establishments, which would at such locations as will insure that apply if such privately owned lands the notice and its contents will be con- were not subject to the jurisdiction of
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the United States. In the event of con- § 6.1 Purpose. flict or inconsistency between such (a) The regulations contained in this U.S. Public Health Service rec- part prohibit the operation of any solid ommendations and State or local laws waste disposal site, except as specifi- the former shall prevail. cally provided for, and govern the con- (c) The Superintendent shall have the tinued use of any existing solid waste right to inspect such establishments at disposal site within the boundaries of reasonable times to determine whether any unit of the National Park System. the establishment is being operated in (b) The purpose of the regulations in accordance with the applicable rules this part is to ensure that all activities and regulations and in accordance with within the boundaries of any unit of the provisions of the permit. the National Park System resulting [31 FR 16660, Dec. 29, 1966, as amended at 65 from the operation of a solid waste dis- FR 37878, June 19, 2000] posal site are conducted in a manner to prevent the deterioration of air and §§ 5.11—5.12 [Reserved] water quality, to prevent degradation of natural and cultural, including ar- § 5.13 Nuisances. cheological, resources, and to reduce The creation or maintenance of a adverse effects to visitor enjoyment. nuisance upon the federally owned (c) The regulations in this part inter- lands of a park area or upon any pri- pret and implement Pub. L. 98–506, 98 vate lands within a park area under the Stat. 2338 (16 U.S.C. 460l–22(c)). exclusive legislative jurisdiction of the United States is prohibited. § 6.2 Applicability and scope. (a) The regulations contained in this § 5.14 Prospecting, mining, and min- part apply to all lands and waters with- eral leasing. in the boundaries of all units of the Na- Prospecting, mining, and the loca- tional Park System, whether federally tion of mining claims under the gen- or nonfederally owned, and without re- eral mining laws and leasing under the gard to whether access to a solid waste mineral leasing laws are prohibited in disposal site requires crossing feder- park areas except as authorized by law. ally-owned or controlled lands or wa- ters. PART 6—SOLID WASTE DISPOSAL (b) The regulations contained in this SITES IN UNITS OF THE NATIONAL part govern: PARK SYSTEM (1) The use of solid waste disposal sites not in operation on September 1, 1984, including the approval of new Sec. solid waste disposal sites; 6.1 Purpose. 6.2 Applicability and scope. (2) The continued use or closure of 6.3 Definitions. solid waste disposal sites that were in 6.4 Solid waste disposal sites not in oper- operation on September 1, 1984; ation on September 1, 1984. (3) The continued use or closure of 6.5 Solid waste disposal sites in operation solid waste disposal sites on lands or on September 1, 1984. waters added to the National Park Sys- 6.6 Solid waste disposal sites within new ad- tem after January 23, 1995. ditions to the National Park System. (c) Exceptions. 6.7 Mining wastes. (1) The regulations contained in this 6.8 National Park Service solid waste re- part do not govern the disposal of resi- sponsibilities. dential or agricultural solid wastes in a 6.9 Permits. site by a person who can show that he 6.10 Financial assurance. or she: 6.11 Appeals. 6.12 Prohibited acts and penalties. (i) Resides within the boundaries of the unit; AUTHORITY: 16 U.S.C. 1, 3, 460l–22(c). (ii) Generates the residential or agri- SOURCE: 59 FR 65957, Dec. 22, 1994, unless cultural solid waste within the bound- otherwise noted. aries of the unit;
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(iii) Disposes of the solid waste only Closure and Post-closure care means on lands that the person owns or leases all of the requirements prescribed by 40 within the unit; CFR part 258, Criteria For Municipal (iv) Does not engage in a solid waste Solid Waste Landfills at 40 CFR 258.60 disposal practice that poses a reason- and 258.61. able 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 re- moved 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. National Park Service activities means (d) The conditions in § 6.4(a) govern operations conducted by the National the establishment of new, or the expan- Park Service or a National Park Serv- sion of existing, solid waste disposal ice contractor, concessionaire or com- sites operated by the National Park mercial use licensee. Service. The conditions in § 6.5(c) gov- National Park System means any area ern the continued use of existing solid of land or water now or hereafter ad- waste disposal sites operated by the ministered by the Secretary of the In- National Park Service. However, the terior through the National Park Serv- permit, financial assurance, adminis- ice for park, monument, historic, park- trative and penalty provisions of this way, recreational or other purposes. part do not apply to any solid waste Natural resource means the compo- disposal site operated by the National nents of a park, both biotic and abi- Park Service. otic, including but not limited to, vege- tation, wildlife, fish, water, including § 6.3 Definitions. surface and ground water, air, soils, ge- The following definitions apply to ological features, including subsurface this part: strata, the natural processes and inter- Agricultural solid waste means solid relationships that perpetuate such re- waste that is generated by the rearing sources, and attributes that contribute or harvesting of animals, or the pro- to visitor enjoyment. ducing or harvesting of crops or trees. Operator means a person conducting Boundaries means the limits of lands or proposing to conduct the disposal of or waters that constitute a unit of the solid waste. National Park System as specified by PCBs or PCB item means an item as Congress, denoted by Presidential defined in 40 CFR part 761, Poly- Proclamation, recorded in the records chlorinated Biphenyls (PCBs) Manufac- of a State or political subdivision in turing, Processing, Distribution In accordance with applicable law, pub- Commerce, And Use Prohibitions at 40 lished pursuant to law, or otherwise CFR 761.3(x). published or posted by the National Residential solid waste means waste Park Service. generated by the normal activities of a
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household, including, but not limited (6) The site will not be used for the to, food waste, yard waste and ashes, storage, handling, or disposal of a solid but not including metal or plastic. waste containing: Solid waste means garbage, refuse, (i) Hazardous waste; sludge from a waste treatment plant, (ii) Municipal solid waste incinerator water supply treatment plant, or air ash; pollution control facility and other dis- (iii) Lead-acid batteries; carded material, including solid, liquid, (iv) Polychlorinated Biphenyls semisolid, and contained gaseous mate- (PCBs) or a PCB Item; rial resulting from industrial, commer- (v) A material registered as a pes- cial, mining and agricultural oper- ticide by the Environmental Protec- ations or from community activities. tion Agency under the Federal Insecti- ‘‘Solid waste’’ does not include a mate- cide, Fungicide and Rodenticide Act (7 rial listed under 40 CFR 261.4(a). U.S.C. 136 et seq.); Solid waste disposal site means land or (vi) Sludge from a waste treatment water where deliberately discarded plant, septic system waste, or domestic solid waste, as defined above, is dis- sewage; charged, deposited, injected, dumped, (vii) Petroleum, including used spilled, leaked, or placed so that such crankcase oil from a motor vehicle, or solid waste or a constituent thereof soil contaminated by such products; may enter the environment or be emit- (viii) Non-sterilized medical waste; ted into the air or discharged into wa- (ix) Radioactive materials; or ters, including ground waters. Solid (x) Tires; waste disposal sites include facilities (7) The site is located wholly on non- for the incineration of solid waste and federal lands, except for NPS operated transfer stations. Facilities for the sites in units where nonfederal lands management of compostible materials are unavailable, or unsuitable and are not defined as solid waste disposal there is no practicable alternative; sites for the purposes of this part. (8) The site is not located within the 500 year floodplain, or in a wetland; § 6.4 Solid waste disposal sites not in operation on September 1, 1984. (9) The site is not located within one mile of a National Park Service visitor (a) No person may operate a solid center, campground, ranger station, waste disposal site within the bound- entrance station, or similar public use aries of a National Park System unit facility, or a residential area; that was not in operation on Sep- (10) The site will not be detectable by tember 1, 1984, unless the operator has the public by sight, sound or odor from shown and the Regional Director finds a scenic vista, a public use facility, a that: designated or proposed wilderness area, (1) The solid waste is generated sole- a site listed on, or eligible for listing ly from National Park Service activi- on, the National Register of Historic ties conducted within the boundaries of Places, or a road designated as open to that unit of the National Park System; public travel; (2) There is no reasonable alternative (11) The site will receive less than 5 site outside the boundaries of the unit tons per day of solid waste, on an aver- suitable for solid waste disposal; age yearly basis; and (3) The site will not degrade any of (12) The proposed closure and post- the natural or cultural resources of the closure care is sufficient to protect the unit; resources of the National Park System (4) The site meets all other applica- unit from degradation. ble Federal, State and local laws and (b) A person proposing to operate a regulations, including permitting re- solid waste disposal site that was not quirements; in operation on September 1, 1984, must (5) The site conforms to all of the re- submit a request for a permit to the strictions and criteria in 40 CFR 257.3– proper Superintendent for review by 1 to 257.3–8, and 40 CFR part 258, sub- Regional Director demonstrating that parts B, C, D, E and F; the solid waste operation meets the
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criteria in paragraph (a) of this sec- (v) An analysis of alternative loca- tion. 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 (2) The name and legal addresses of report do not meet the conditions of the following: approval set forth in paragraph (a) of (i) Owners of record of the land; and this section, the Regional Director (ii) Any lessee, assignee or designee must reject the application and notify of the owner, if the proposed operator the proposed operator of the reasons is not the owner of the land; for the rejection. (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- ular equipment to be used; (a) The operator of a solid waste dis- (4) The amount of solid waste to be posal site in operation as of September received, in average tons per day and 1, 1984, within the boundaries of a unit average cubic yards per day; of the National Park System, having 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) State and local permits necessary for of this section will not be allowed to solid waste disposal; and continue operations and must imme- (9) An environmental report that in- diately fulfill all applicable closure and cludes the following: post-closure care requirements. (i) A description of the natural and (c) The Regional Director may ap- cultural resources and visitor uses to prove a request to allow the continued be affected; use of a solid waste disposal site only if (ii) An assessment of hydrologic con- the operator has shown and the Re- ditions of the disposal site with projec- gional Director finds that: tions of leachate generation, composi- (1) Adverse effects resulting from tion, flow paths and discharge areas leachate, noise, odor, vehicular traffic, and geochemical fate of leachate con- litter and other activities upon natural stituents; and cultural resources will be ade- (iii) An analysis of the quantitative quately mitigated; and qualitative extent to which nat- (2) The proposed operator meets all ural and cultural resources will be af- other applicable Federal, State and fected based on acceptable and appro- local laws and regulations, including priate monitoring of existing resource permit requirements; conditions; (3) The site will no longer be used for (iv) Steps to be taken by the operator the storage, handling or disposal of a to prevent degradation of air and water solid waste containing: quality, to manage pests and vermin, (i) Hazardous waste; and to minimize noise, odor, feeding by (ii) Municipal solid waste incinerator native wildlife and conflicts with vis- ash; itor uses; (iii) Lead-acid batteries;
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(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, endar days of such notice, the operator after January 23, 1995, will not be per- of the solid waste disposal site must mitted to dispose of solid waste after cease disposing of solid waste at the expiration of the permit or license in site. The operator may resume dis- effect on the date of the land’s or wa- posing of solid waste only upon submis- ter’s designation as being within a Na- sion and approval of a permit request tional Park System unit’s boundaries. and environmental report that the Re- The operator must then immediately gional Director determines meet the fulfill all applicable closure and post- conditions set forth in paragraph (c) of closure care requirements. this section. (b) An operator of a solid waste dis- (e) Site expansions. (1) A request for posal site located on lands or waters an existing solid waste disposal site to designated as being within the bound- continue operations by expanding its aries of a unit of the National Park capacity, laterally or vertically, is con- System established or expanded after sidered a request for a new solid waste January 23, 1995, who wishes to remain disposal site and is subject to the con- in operation for the duration of the ex- ditions of § 6.4(a), except as provided in isting permit or license, must submit paragraph (e)(2) of this section. to the Regional Director, within 180 (2) A request for an existing solid calendar days of the land’s or water’s waste disposal site to continue oper- designation as being within a National ations by expanding its capacity, lat- Park System unit boundaries, a permit erally or vertically, will be judged by request and environmental report as the approval conditions of paragraph described in § 6.4(b) (1)–(9). (c) of this section if the operator shows (c) Any operator who fails to submit that: a request as described in paragraph (b)
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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 and not governed by a plan of oper- harmful wastes generated by residen- ations approved under 36 CFR part 9, tial activities by National Park Serv- Minerals Management, or pursuant to ice and concessionaire households the terms of a Federal mineral lease, within the unit. The Superintendent may continue to operate a solid waste will establish frequency and place of disposal site within the boundaries of a collection but such frequency must be, unit only after complying with § 6.5 and at a minimum, every twelve months. § 6.10 and with a permit issued by the (c) Each Superintendent will ensure Regional Director under § 6.9. full compliance with regulations at 40 (c) A person conducting mining or CFR part 244, Solid Waste Management mineral operations on January 23, 1995, Guidelines For Beverage Containers. and governed by a plan of operations Only those units of the National Park approved under 36 CFR part 9 or pursu- System where carbonated beverages in ant to the terms of a Federal mineral containers are not sold, or that have lease may continue to operate a solid prepared formal documentation of non- waste disposal site under the terms of implementation under 40 CFR the approved plan of operations or 244.100(f)(3) that has been approved by lease. Where an existing mining or the Director and the Administrator of mineral operation is governed by 36 the Environmental Protection Agency, CFR part 9 or a Federal mineral lease, are exempt from the deposit and con- an NPS-approved plan of operations tainer return program mandated in 40 will constitute the permit for solid CFR part 244. waste disposal site operation otherwise (d) NPS concessionaires, commercial required under § 6.9. A bond required use licensees and contractors will com- under 36 CFR part 9, or by the Bureau ply with acquisition, recycling and
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waste minimization goals established (1) Hours of operation; by the NPS. (2) Number, frequency, size, gross weight and types of vehicles used, and § 6.9 Permits. 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 (5) Type and frequency of ground- § 6.4, § 6.5 or § 6.6, the Regional Director water, surface water, explosive gas and will analyze whether a new site, or con- other pertinent natural resource moni- tinued operation of an existing site, toring; meets the approval conditions of § 6.4, (6) Rights and conditions of access or § 6.5 respectively. The Regional Di- for inspection by National Park Serv- rector will also review the request ice and other responsible Federal, under appropriate laws and executive State or local officials; orders, including, but not limited to (7) Closure and post-closure care re- the National Environmental Policy Act quirements; (43 U.S.C. 4321), the National Historic (8) Methods of pest and vermin con- Preservation Act (16 U.S.C. 470), the trol; Endangered Species Act (16 U.S.C. 1531– (9) Methods of excluding hazardous 1543), and E.O. 11988, Floodplain Man- waste, municipal solid waste inciner- agement (3 CFR, 1978 Comp., p. 117), ator ash, lead-acid batteries, PCBs and and E.O. 11990, Wetland Protection (3 PCB Items, material registered by the CFR, 1978 Comp., 121). Environmental Protection Agency as a (c) The Regional Director must ap- pesticide, sludge from a waste treat- prove or deny a solid waste disposal ment plant or septic system, domestic site request under this part within 180 sewage, petroleum, including used calendar days of receipt of the request. crankcase oil from a motor vehicle and The 180 calendar days do not include soil contaminated by such products, any days required for consultation medical waste, radioactive materials with State or Federal agencies under, and tires; but not limited to, the Endangered Species Act, the National Historic (10) Methods of excluding waste gen- Preservation Act and the Coastal Zone erated from non-National Park Service Management Act, or days required to activities, except for a solid waste dis- prepare an Environmental Impact posal site approved under § 6.5, or § 6.6, Statement under the National Environ- or § 6.7(c); and mental Policy Act. (11) Methods of litter control. (d) If the Regional Director approves (f) Any conflict between a require- a solid waste disposal site request ment of the permit issued by the Na- under § 6.4, § 6.5 or § 6.6, the Regional Di- tional Park Service and a requirement rector may issue, after operator com- of State or local law will be resolved in pliance with § 6.10, a nontransferable favor of the stricter of the two require- permit, the term of which shall not ex- ments. ceed five years. The permittee may re- quest a new five year permit upon expi- § 6.10 Financial assurance. ration of an existing permit. The per- (a) The Regional Director will not re- mit instrument will be Form 10–114 quire a bond or security deposit for a (OMB No. 1024–0026), Special Use Per- solid waste disposal site for which the mit, available from the park Super- operator has established a bond under intendent. 40 CFR 258.74(b). (e) A permit for a solid waste disposal (b) The Regional Director will not re- site will prescribe the site capacity and quire a bond or security deposit for a the requirements under which the solid solid waste disposal site whose owner waste disposal site will be operated. or operator is a State entity whose The requirements must include, but debts and liabilities are the debts and are not limited to: liabilities of a State.
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(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 are to serve as security, an operator (b)(1) Within 45 calendar days after must provide a power of attorney to receiving the written appeal of the ag- the Secretary or the Secretary’s des- grieved applicant, the Director will ignee. The bond must be issued by a make a decision in writing. The Direc- surety company listed and approved by tor’s decision will include: the Department of the Treasury. (i) A statement of facts; (d) In lieu of a performance bond, an (ii) A statement of conclusions; and 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 sum of the bond(s). § 6.12 Prohibited acts and penalties. (e) The bond or security deposit will be established by the Regional Director (a) The following are prohibited: in an amount equal to the estimated (1) Operating a solid waste disposal cost to accomplish all closure and post- site without a permit issued under § 6.9 closure care requirements as described or, where applicable, without approval in 40 CFR part 258, subpart F, but in no granted under § 6.7(c); case less than $25,000. (2) Operating a solid waste disposal (f) The responsibility and liability of site without the proper amount or form the operator (and the surety, if any) of bond or security deposit, as pre- under the bond or security deposit scribed by the Regional Director, when must continue until the Regional Di- such a bond or security deposit is re- rector determines that closure and quired by this part; post- closure care have been completed (3) Operating a solid waste disposal in accordance with the permit require- site in violation of a term or a require- ments. No portion of the performance ment of a National Park Service issued bond or security deposit may be re- permit; or leased until such a determination has (4) Operating a solid waste disposal been made. site in violation of 40 CFR Parts 257 or (g) Within 30 calendar days after the 258, or in violation of the equivalent Regional Director determines that all State law or regulation. closure and post-closure care require- ments have been successfully com- (b) A person who violates a provision pleted according to the permit, the Re- of paragraph (a) of this section is sub- gional Director will notify the operator ject to: (and the surety, if any) that liability (1) The penalty provisions of 36 CFR under the bond or security deposit has 1.3; and/or been terminated and the bond or secu- (2) Revocation of the permit by the rity deposit released. Regional Director if a permit exists; and/or § 6.11 Appeals. (3) Forfeiture of a bond or security (a) An applicant aggrieved by a deci- deposit if a bond or security deposit is sion of the Regional Director with re- required under § 6.10.
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PART 7—SPECIAL REGULATIONS, 7.54 Theodore Roosevelt National Park. 7.55 Coulee Dam Recreation Area. AREAS OF THE NATIONAL PARK 7.56 Acadia National Park. SYSTEM 7.57 Lake Meredith Recreation Area. 7.58 Cape Hatteras National Seashore. Sec. 7.59 Grand Portage National Monument. 7.1 Colonial National Historical Park. 7.60 Herbert Hoover National Historic Site. 7.2 Crater Lake National Park. 7.61 Fort Caroline National Memorial. 7.3 Glacier National Park. 7.62 Lake Chelan National Recreation Area. 7.4 Grand Canyon National Park. 7.63 Dinosaur National Monument. 7.5 Mount Rainier National Park. 7.64 Petersburg National Battlefield. 7.6 Muir Woods National Monument. 7.65 Assateague Island National Seashore. 7.7 Rocky Mountain National Park. 7.66 North Cascades National Park. 7.8 Sequoia and Kings Canyon National 7.67 Cape Cod National Seashore. Parks. 7.68 Russell Cave National Monument. 7.9 St. Croix National Scenic Rivers. 7.69 Ross Lake National Recreation Area. 7.10 Zion National Park. 7.70 Glen Canyon National Recreation Area. 7.11 [Reserved] 7.71 Delaware Water Gap National Recre- 7.12 Gulf Islands National Seashore. ation Area. 7.13 Yellowstone National Park. 7.72 Arkansas Post National Memorial. 7.14 Great Smoky Mountains National 7.73 Buck Island Reef National Monument. Park. 7.74 Virgin Islands National Park. 7.15 Shenandoah National Park. 7.75 Padre Island National Seashore. 7.16 Yosemite National Park. 7.76 Wright Brothers National Memorial. 7.17 Cuyahoga Valley National Recreation 7.77 Mount Rushmore National Memorial. Area. 7.78 Harpers Ferry National Historical 7.18 Hot Springs National Park. Park. 7.19 Canyon de Chelly National Monument. 7.79 Amistad Recreation Area. 7.20 Fire Island National Seashore. 7.80 Sleeping Bear Dunes National Lake- 7.21 John D. Rockefeller, Jr. Memorial shore. 7.81 Point Reyes National Seashore. Parkway. 7.82 Apostle Islands National Lakeshore. 7.22 Grand Teton National Park. 7.83 Ozark National Scenic Riverways. 7.23 Badlands National Park. 7.84 Channel Islands National Park. 7.24 Upper Delaware Scenic and Rec- 7.85 Big Thicket National Preserve. reational River. 7.86 Big Cypress National Preserve. 7.25 Hawaii Volcanoes National Park. 7.87 Kaloko-Honokohau National Historical 7.26 Death Valley National Monument. Park. 7.27 Fort Jefferson National Monument. 7.88 Indiana Dunes National Lakeshore. 7.28 Olympic National Park. 7.89—7.90 [Reserved] 7.29 Gateway National Recreation Area. 7.91 Whiskeytown Unit, Whiskeytown-Shas- 7.30 Devils Tower National Monument. ta-Trinity National Recreation Area. 7.31 Perry’s Victory and International 7.92 Bighorn Canyon National Recreation Peace Memorial. Area. 7.32 Pictured Rocks National Lakeshore. 7.93 Guadalupe Mountains National Park. 7.33 Voyageurs National Park. 7.94—7.95 [Reserved] 7.34 Blue Ridge Parkway. 7.96 National Capital Region. 7.35 Buffalo National River. 7.97 Golden Gate National Recreation Area. 7.36 Mammoth Cave National Park. 7.100 Appalachian National Scenic Trail. 7.37 Jean Lafitte National Historical Park. 7.38 Isle Royale National Park. AUTHORITY: 16 U.S.C. 1, 3, 9a, 460(q), 462(k); 7.39 Mesa Verde National Park. Sec. 7.96 also issued under D.C. Code 8–137 7.40 Hopewell Village National Historic (1981) and D.C. Code 40–721 (1981). Site. 7.41 Big Bend National Park. ALPHABETICAL LISTING 7.42 Pipestone National Monument. 7.43 Natchez Trace Parkway. Name Section 7.44 [Reserved] Acadia National Park, Maine ...... 7.56 7.45 Everglades National Park. Amistad Recreation Area, Tex ...... 7.79 7.46 [Reserved] Apostle Islands National Lakeshore, Wis ...... 7.82 7.47 Carlsbad Caverns National Park. Appalachian National Scenic Trail ...... 7.100 7.48 Lake Mead National Recreation Area. Arkansas Post National Memorial, Ark ...... 7.72 7.49 [Reserved] Assateague Island National Seashore, Md.–Va ..... 7.65 7.50 Chickasaw Recreation Area. Badlands National Park, SD ...... 7.23 Big Bend National Park, Tex ...... 7.41 7.51 Curecanti Recreation Area. Big Cypress National Preserve, Fla ...... 7.86 7.52 Cedar Breaks National Monument. Big Thicket National Preserve, Tex ...... 7.85 7.53 Black Canyon of the Gunnison National Bighorn Canyon National Recreation Area, Mont.– Monument. Wyo ...... 7.92
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ALPHABETICAL LISTING—Continued ALPHABETICAL LISTING—Continued
Name Section Name Section
Black Canyon of the Gunnison National Monu- Shenandoah National Park, Va ...... 7.15 ment, Colo ...... 7.53 Sleeping Bear Dunes National Lakeshore, Mich .... 7.80 Blue Ridge Parkway, Va.-N.C ...... 7.34 St. Croix National Scenic Rivers, Wis ...... 7.9 Buck Island Reef National Monument, Virgin Is- Theodore Roosevelt National Park, N. Dak ...... 7.54 lands ...... 7.73 Upper Delaware Scenic and Recreational River, Buffalo National River, Ark ...... 7.35 Pa.–N.Y ...... 7.24 Canyon de Chelly National Monument, Ariz ...... 7.19 Virgin Islands National Park, Virgin Islands ...... 7.74 Cape Cod National Seashore, Mass ...... 7.67 Voyageurs National Park, Minn ...... 7.33 Cape Hatteras National Seashore, N.C ...... 7.58 Whiskeytown Unit, Whiskeytown-Shasta-Trinity Carlsbad Caverns National Park, N. Mex ...... 7.47 National Recreation Area, Calif ...... 7.91 Cedar Breaks National Monument, Utah ...... 7.52 Wright Brothers National Memorial, N.C ...... 7.76 Channel Islands National Park, Calif ...... 7.84 Yellowstone National Park, Wyo.-Mont.-Idaho ...... 7.13 Chickasaw Recreation Area, Okla ...... 7.50 Yosemite National Park, Calif ...... 7.16 Colonial National Historical Park, Va ...... 7.1 Zion National Park, Utah ...... 7.10 Coulee Dam Recreation Area, Wash ...... 7.55 Crater Lake National Park, Oreg ...... 7.2 Curecanti Recreation Area, Colo ...... 7.51 [32 FR 6932, May 5, 1967; 32 FR 7333, May 17, Cuyahoga Valley National Recreation Area, Ohio .. 7.17 1967, as amended at 32 FR 21037, Dec. 30 1967] Death Valley National Monument, Calif ...... 7.26 Delaware Water Gap National Recreation Area, EDITORIAL NOTE: The Alphabetical Listing N.J.–Pa ...... 7.71 is updated annually by the Office of the Fed- Devil’s Tower National Monument, Wyo ...... 7.30 eral Register. Dinosaur National Monument, Utah-Colo ...... 7.63 Everglades National Park, Fla ...... 7.45 Fire Island National Seashore, N.Y ...... 7.20 § 7.1 Colonial National Historical Park. Fort Caroline National Memorial, Fla ...... 7.61 (a) Boating. Except in emergencies, Fort Jefferson National Monument, Fla ...... 7.27 Gateway National Recreation Area, N.Y.–N.J ...... 7.29 no privately owned vessel shall be Glacier National Park, Mont ...... 7.3 launched from land within Colonial Na- Glen Canyon National Recreation Area, Utah–Ariz 7.70 tional Historical Park and no privately Golden Gate National Recreation Area, Calif ...... 7.97 owned vessel shall be beached or landed Grand Canyon National Park, Ariz ...... 7.4 Grand Portage National Monument, Minn ...... 7.59 on land within said Park. Grand Teton National Park, Wyo ...... 7.22 (b) Commercial passenger—carrying Great Smoky Mountains National Park, N.C.-Tenn 7.14 motor vehicles. Permits shall be re- Guadalupe Mountains National Park, Tex ...... 7.93 Gulf Islands National Seashore, Fla.–Miss ...... 7.12 quired for the operation of commercial Harpers Ferry National Historical Park, Md.–W.V .. 7.78 passenger-carrying vehicles, including Hawaii Volcanoes National Park, Hawaii ...... 7.25 taxi-cabs, carrying passengers for hire Herbert Hoover National Historic Site, Iowa ...... 7.60 on any portion of the Colonial Park- Hopewell Village National Historic Site, Pa ...... 7.40 Hot Springs National Park, Ark ...... 7.18 way. The fees for such permits shall be Indiana Dunes National Lakeshore, Ind ...... 7.88 as follows: Isle Royale National Park, Mich ...... 7.38 (1) Annual permit for the calendar Jean Lafitte National Historical Park, La ...... 7.37 Kaloko-Honokohau National Historical Park, Ha- year: $3.50 for each passenger-carrying waii ...... 7.87 seat in the vehicle to be operated. Lake Chelan National Recreation Area, Wash ...... 7.62 (2) Quarterly permit for a period be- Lake Mead National Recreation Area, Ariz.-Nev .... 7.48 ginning January 1, April 1, July 1, or Lake Meredith Recreation Area, Tex ...... 7.57 Mammoth Cave National Park, Ky ...... 7.36 October 1: $1 for each passenger-car- Mesa Verde National Park, Colo ...... 7.39 rying seat in the vehicle to be oper- Mount Rainier National Park, Wash ...... 7.5 ated. Mount Rushmore National Memorial, S. Dak ...... 7.77 Muir Woods National Monument, Calif ...... 7.6 (3) Permit good for one day, 5-pas- Natchez Trace Parkway, Miss.-Tenn.-Ala ...... 7.43 senger vehicle: $1. National Capital Region, D.C. area ...... 7.96 (4) Permit good for one day, more North Cascades National Park, Wash ...... 7.66 than 5-passenger vehicle: $3. Olympic National Park, Wash ...... 7.28 Ozark National Scenic Riverways, Mo ...... 7.83 [32 FR 16213, Nov. 28, 1967, as amended at 48 Padre Island National Seashore, Tex ...... 7.75 FR 30293, June 30, 1983] Perry’s Victory and International Peace Memorial, Ohio ...... 7.31 Petersburg National Battlefield, VA ...... 7.64 § 7.2 Crater Lake National Park. Pipestone National Monument, Minn ...... 7.42 (a) Fishing. Fishing in Crater Lake Pictured Rocks National Lakeshore, Mich ...... 7.32 Point Reyes National Seashore, Calif ...... 7.81 and park streams is permitted from Rockefeller, Jr., John D., Memorial Parkway, Wyo 7.21 May 20 through October 31. Rocky Mountain National Park, Colo ...... 7.7 (b) Boating. No private vessel or Ross Lake National Recreation Area, Wash ...... 7.69 Russell Cave National Monument, Ala ...... 7.68 motor may be used on the waters of the Sequoia-Kings Canyon National Parks, Calif ...... 7.8 park.
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(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 the North Entrance Road intended for ulations promulgated pursuant there- wheeled vehicle use may be used by to. snowmobiles. Such roadway is avail- (5) Failure of the permittee to com- able for snowmobile use only when the ply with all State and county sub- designated roadway is closed to all stantive laws and ordinances, and rules wheeled vehicles used by the public. and regulations promulgated pursuant thereto applicable to the establishment [34 FR 9751, June 24, 1969, as amended at 41 FR 33263, Aug. 9, 1976] for which a permit is issued, or failure to comply with any Federal law or any § 7.3 Glacier National Park. regulation promulgated by the Sec- (a) Fishing. (1) Fishing regulations, retary of the Interior for governing the based on management objectives de- park, or with the conditions imposed scribed in the park’s Resource Manage- by the permit, will be grounds for rev- ment Plan, are established annually by ocation of the permit. the Superintendent. (6) The applicant or permittee may (2) The Superintendent may impose appeal to the Regional Director, Na- closures and establish conditions or re- tional Park Service, from any final ac- strictions, in accordance with the cri- tion of the Superintendent, refusing, teria and procedures of §§ 1.5 and 1.7 of conditioning, or revoking a permit. this chapter, or any activity pertaining Such an appeal, in writing, shall be to fishing, including but not limited to, filed within 30 days after receipt of no- species of fish that may be taken, sea- tice by the applicant or permittee of sons and hours during which fishing the action appealed from. Any final de- may take place, methods of taking, cision of the Regional Director may be size, location, and possession limits. (3) Fishing in violation of a condition appealed to the Director, National or restriction established by the Super- Park Service, within 30 days after re- intendent is prohibited. ceipt of notice by the applicant or per- (b) Eating, drinking, and lodging estab- mittee of the Regional Director’s deci- lishments. (1) No eating, drinking, or sion. During the period in which an ap- lodging establishment offering food, peal is being considered by the Re- drink, or lodging for sale may be oper- gional Director or the Director, the es- ated on any privately owned lands tablishment for which a permit has within Glacier National Park unless a been denied or revoked shall not be op- permit for the operation thereof has erated. first been obtained from the Super- (7) The revocable permit for eating, intendent. drinking, and lodging establishments (2) The Superintendent will issue a issued by the Superintendent shall con- permit only after an inspection of the tain general regulatory provisions as premises and a determination that the hereinafter set forth, and will include premises comply with the substantive such reasonable special conditions re- requirements of State and county lating to the health and safety of visi- health and sanitary laws and ordi- tors both to the park and to the estab- nances and rules and regulations pro- lishments as the Superintendent may mulgated pursuant thereto which deem necessary to cover existing local would apply to the premises if the pri- vately owned lands were not subject to circumstances, and shall be in a form the jurisdiction of the United States. substantially as follows:
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(Front of Permit) good order within the vicinity of the busi- ness operations herein permitted. U.S. DEPARTMENT OF THE INTERIOR 5. Failure of the permittee to comply with all State and county substantive laws and NATIONAL PARK SERVICE 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 comply with any law or any regulation of Permission is hereby granted llllll, the Secretary of the Interior governing the who resides at llllll, to operate during Park or with the conditions imposed by this the period of llllll, 19l, to permit, will be grounds for revocation of this lllllllllllll, 19l, inclusive a permit. lllllllllllll (specify type of es- 6. This permit may not be transferred or tablishment) within Glacier National Park assigned without the consent, in writing of on lands privately owned or controlled by the Superintendent. him (her) over which the United States exer- 7. Neither Members of, nor Delegates to cises exclusive jurisdiction. This permit is Congress, or Resident Commissioners, offi- subject to the general provisions and any cers, agents, or employees of the Department special conditions stated on the reverse here- of the Interior, shall be admitted to any of. share or part of this permit or derive, di- Issued at Glacier National Park, Mont., rectly or indirectly, any pecuniary benefit this day of , 19 . lll llllll l arising therefrom. Superintendent 8. Standard Equal Employment Provision 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 the terms, convenants, obligations, and res- 9. The following special provisions are ervations expressed or implied. made a part of this permit: lllllllll Copartnership—permittees sign as ‘‘Members (c) Water supply and sewage disposal of firm’’. systems. The provisions of this para- graph apply to the privately owned Corporation—the officer authorized to exe- cute contracts, etc., should sign, with title, lands within Glacier National Park. the sufficiency of such signature being at- The provisions of this paragraph do not tested by the Secretary, with corporate excuse compliance by eating, drinking, seal in lieu of witness. or lodging establishments with § 5.10 of Permittee the chapter. (1) Facilities. (i) Subject to the provi- Witness: sions of paragraph (e)(3) of this section, Name no person shall occupy any building or structure intended for human habi- Address tation, or use, unless such building is served by water supply and sewage dis- Name posal systems that comply with the standards prescribed by State and Address county laws and regulations applicable in the county within whose exterior (Reverse of Permit) boundaries such building is located. GENERAL REGULATORY PROVISIONS OF THIS (ii) No person shall construct, rebuild PERMIT or alter any water supply or sewage disposal system without a written per- 1. Permittee shall exercise this privilege subject to the supervision of the Super- mit issued by the Superintendent. The intendent of the Park and shall comply with Superintendent will issue such permit the regulations of the Secretary of the Inte- only after receipt of written notifica- rior governing the Park. tion from the appropriate Federal, 2. Any building or structure used for the State, or county officer that the plans purpose of conducting the business herein for such system comply with State or permitted shall be kept in a safe, and sightly county standards. There shall be no condition. charge for such permits. Any person 3. The permittee shall dispose of all refuse from the business herein permitted as re- aggrieved by an action of the Super- quired by the Superintendent. intendent with respect to any such per- 4. Permittee, his agents, and employees mit or permit application may appeal shall be responsible for the preservation of in writing to the Director, National
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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; steps must be taken to achieve compli- from Two Medicine entrance to Two ance. If after one year has elapsed from Medicine Lake; from West Glacier en- the mailing of such written notice the trance to the Camas Entrance; U.S. deficiency has not been corrected, such Highway 2 from Walton to Java; and deficiency shall constitute a violation the Going-to-the-Sun Road from West of this regulation and shall be the basis Glacier entrance to Lake McDonald for court action for the vacation of the Lodge and from St. Mary entrance to premises. Rising Sun will be permitted. (ii) If upon inspection, any water sup- (2) Commercial passenger-carrying ply or sewage disposal system is found motor vehicles operated in the above by the inspecting officer not to be in areas, on a general, infrequent, and conformance with established State nonscheduled tour in which the visit to and county standards and it is found the park is incidental to such tour, and further that there is immediate and se- carrying only round-trip passengers vere danger to the public health or the traveling from the point of origin of health of the occupants, the Super- the tour, will be accorded admission to intendent shall post appropriate no- the park. Such tours shall not provide, tices at conspicuous places on such in effect, a regular and duplicating premises, and thereafter, no person service conflicting with, or in competi- shall occupy the premises on which the tion with, the tours provided for the system is located until the Super- public pursuant to contract authoriza- intendent is satisfied that remedial tion from the Secretary as determined measures have been taken that will as- by the Superintendent. sure compliance of the system with es- [34 FR 5842, Mar. 28, 1969, as amended at 36 tablished State and county standards. FR 9248, May 21, 1971; 37 FR 7499, Apr. 15, (d) Motorboats. (1) Motorboats and 1972; 48 FR 29847, June 29, 1983; 48 FR 30293, motor vessels are limited to ten (10) June 30, 1983; 52 FR 10685, Apr. 2, 1987; 60 FR horsepower or less on Bowman and Two 35841, July 12, 1995; 60 FR 55791, Nov. 3, 1995]
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§ 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 or portaging near rough water. One Hualapai Indian Reservation which are extra preserver must be carried for administered by the Hualapai Tribal each ten (10) persons. Council; Provided, however, That no (3) No person shall conduct, lead, or person shall camp at Red Wall Cavern, guide a river trip unless such person Elves Chasm, the mouth of Havasu possesses a permit issued by the Super- Creek, or along the Colorado River intendent, Grand Canyon National bank between the mouth of the Paria Park. The National Park Service re- River and the Navajo Bridge. serves the right to limit the number of (10) All persons issued a river trip such permits issued, or the number of permit shall comply with all the terms persons traveling on trips authorized and conditions of the permit. by such permits when, in the opinion of (c) Immobilized and legally inoperative the National Park Service, such limi- vehicles. (1) An immobilized vehicle is a tations are necessary in the interest of motor vehicle which is not capable of public safety or protection of the eco- moving under its own power due to logical and environmental values of equipment malfunction or deficiency. the area. This term shall also include trailers (i) The Superintendent shall issue a whose wheels have been removed or permit upon a determination that the which, for other reasons, cannot be im- person leading, guiding, or conducting mediately towed from their location, a river trip is experienced in running excluding trailers being used as resi- rivers in white water navigation of dences which are occupying sites des- similar difficulty, and possesses appro- ignated for this purpose by the Super- priate equipment, which is identified in intendent. A legally inoperative vehi- the terms and conditions of the permit. cle is a motor vehicle capable of move- (ii) No person shall conduct, lead, ment under its own power, but not li- guide, or outfit a commercial river trip censed to legally operate on roads. without first securing the above permit (2) Leaving, storing, or placing upon and possessing an additional permit au- federally owned lands within the park
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any immobilized or legally inoperative § 7.5 Mount Rainier National Park. vehicle for a period exceeding 30 days is (a) Fishing. (1) The following waters prohibited, except under the terms of a are closed to fishing: permit issued by the Superintendent. (i) Tipsoo Lake. (3) A revocable permit for an immo- 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. (v) A permit may be revoked at any (2) A person under 18 years of age time for the convenience of the Na- must have permission of his parent or tional Park Service or upon a finding legal guardian before climbing above that continued authorization under the the normal high camps. permit would interfere with park man- (3) A party traveling above the high agement or impair park resources. camps must consist of a minimum of (4) An immobilized or legally inoper- two persons unless prior permission for ative vehicle left in excess of 30 days a solo climb has been obtained from without a permit will be removed at the Superintendent. The Super- the owner’s expense. intendent will consider the following (5) An immobilized or legally inoper- points when reviewing a request for a ative vehicle constituting a safety haz- solo climb: The weather prediction for ard, causing an obstruction to roads or the estimated duration of the climb, trails, or interfering with maintenance and the likelihood of new snowfall, operations will be removed imme- sleet, fog , or hail along the route, the diately at the owner’s expense. Such feasibility of climbing the chosen route interference or impairment may in- because of normal inherent hazards, clude, but shall not be limited to, the current route conditions, adequacy of creation of a safety hazard, traffic con- equipment and clothing, and qualifying gestion, visual pollution, or fuel and experience necessary for the route con- lubricant drip pollution. templated. (6) The Superintendent shall have the (c) Backcountry Camping—(1) right of inspection at all reasonable Backcountry camping permits required. times to ensure compliance with the No person or group of persons traveling requirements of this paragraph. together may camp in the backcountry [34 FR 14212, Sept. 10, 1969 as amended at 36 without a valid backcountry camping FR 23293, Dec. 8, 1971; 42 FR 25857, May 20, permit. Permits may be issued to each 1977; 43 FR 1793, Jan. 12, 1978; 52 FR 10685, permittee or to the leader of the group Apr. 2, 1987] for a group of persons. The permit
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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. Parkway to the White River Camp- (3) The fees provided in this para- ground. graph also apply to a special emer- (iv) The Cougar Rock Campground gency trucking permit issued pursuant road system. to § 5.6(b) of this chapter. (v) The Stevens Canyon Road from (c) Boats. (1) The operation of motor- Stevens Canyon Entrance to the Ste- boats is prohibited on all waters of the vens Canyon Road tunnel at Box Can- park. yon. (2) All vessels are prohibited on Bear Lake. [34 FR 17520, Oct. 30, 1969, as amended at 40 (d) Dogs, cats, and other pets. In addi- FR 31938, July 30, 1975; 41 FR 14863, Apr. 8, tion to the provisions of § 2.15 of this 1976; 41 FR 33264, Aug. 9, 1976; 42 FR 22557, May 4, 1977; 48 FR 30293, June 30, 1983] chapter, dogs, cats, and other pets on leash, crated, or otherwise under phys- § 7.6 Muir Woods National Monument. ical restraint are permitted in the park only within 100 feet of the edge of es- (a) Fires. Fires are prohibited within tablished roads or parking areas, and the monument. are permitted within established camp- (b) [Reserved] grounds and picnic areas; dogs, cats, (c) Fishing. Fishing is prohibited and other pets are prohibited in the within the Monument. backcountry and on established trails. [24 FR 11035, Dec. 30, 1959, as amended at 34 (e) Snowmobiles. (1) Designated routes FR 5255, Mar. 14, 1969; 39 FR 14338, Apr. 23, open to snowmobile use: The 1974] Summerland Park Snowmobile Trail, the Supply Creek Access Snowmobile § 7.7 Rocky Mountain National Park. Trail, the plowed portion of the Trail (a) Fishing. (1) Fishing restrictions, Ridge Road between the West Unit Vis- based on management objectives de- itor Center and the Timber Lake Trail- scribed in the park’s Resources Man- head, the unplowed portion and the agement Plan, are established annually Trail Ridge Road between the Timber by the Superintendent. Lake Trailhead and Milner Pass, and
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the Bowen Gulch Access Trail. These media channels. Temporary closure of routes will be marked by signs, snow dual-use routes for public safety rea- poles or other appropriate means. sons will be initiated through the post- (2) Detailed descriptions of des- ing of appropriate signs and/or barriers ignated routes and appropriate maps when road plowing operations are tak- are available at Park Headquarters, ing place. Routes will be open to snow- the West Unit Office and the Grand mobile travel when they are considered Lake Entrance Station. to be safe for travel but not necessarily (3) The maximum speed limit is 35 free of safety hazards. Snowmobilers m.p.h. unless changed by the posting of may travel these routes with the per- appropriate signs. On routes open to mission of the Superintendent, but at dual use of both motor vehicles and their own risk. snowmobiles, the maximum snow- mobile speed limit is 25 m.p.h. All post- [40 FR 14912, Apr. 3, 1975, as amended at 41 ed speed limits are subject to further FR 49629, Nov. 10, 1976; 43 FR 14308, Apr. 5, limitation as required under § 4.22 of 1978; 48 FR 30293, June 30, 1983; 49 FR 24893, this chapter. No person shall operate a June 18, 1984; 49 FR 25854, June 25, 1984; 52 FR snowmobile at a speed in excess of the 10685, Apr. 2, 1987; 52 FR 23304, June 19, 1987; maximum limits so posted. 54 FR 4020, Jan. 27, 1989; 54 FR 43061, Oct. 20, (4) On roads designated for snow- 1989] mobile use, only that portion of the § 7.8 Sequoia and Kings Canyon Na- road or parking area intended for other tional Parks. motor vehicle use may be used by snowmobiles. Such roadway is avail- (a) Dogs and cats. Dogs and cats are able for snowmobile use only when the prohibited on any park land or trail ex- designated road or parking area is cept within one-fourth mile of devel- closed to all other motor vehicle use by oped areas which are accessible by a the public except on the dual use designated public automobile road. routes described in paragraph (f)(5). (b) Fishing. (1) Fishing restrictions, (5) Routes open to dual use of both based on management objectives de- motor vehicles and snowmobiles: that scribed in the parks’ Resources Man- portion of the Supply Creek Access agement Plan, are established annually Snowmobile Trail which extends along by the Superintendent. the plowed Trail Ridge Road from the (2) The Superintendent may impose Grand Lake Lodge Road junction to closures and establish conditions or re- the Sun Valley Road junction, then strictions, in accordance with the cri- along the plowed Sun Valley Road to teria and procedures of §§ 1.5 and 1.7 of the park boundary where it intersects this chapter, on any activity per- with a plowed Grand County road; that portion of the plowed Trail Ridge Road taining to fishing including, but not between the West Unit Visitor Center limited to, species of fish that may be and the Timber Lake Trailhead. On taken, seasons and hours during which such dual use routes, the operation of fishing may take place, methods of snowmobiles is permitted only along taking, size, location and elevation, the far right portion of the plowed and possession limits. roadway and in single-file manner. (3) Soda Springs Creek drainage is Dual use routes will be marked with closed to fishing. appropriate signs and snow poles. The (4) Fishing in closed waters or in vio- maximum snowmobile speed limit on lation of a condition or restriction es- such dual use routes is 25 m.p.h. tablished by the Superintendent is pro- (6) The Superintendent shall deter- hibited. mine the opening and closing dates for (c) Privately owned lands—(1) Water use of designated snowmobile routes supply, sewage or disposal systems, and each year, taking into consideration building construction or alterations. The the location of wintering wildlife, road provisions of this paragraph apply to plowing schedules and other factors the privately owned lands within Se- that may relate to public safety. The quoia and Kings Canyon National Superintendent shall notify the public Parks. of such dates through normal news
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(i) Facilities. (a) Subject to the provi- ance. If after 1 year has elapsed from sions of paragraph (c)(1)(iii) of this sec- the mailing of such notice the defi- tion, no person shall occupy any build- ciency has not been corrected, such de- ing or structure, intended for human ficiency shall constitute a violation of habitation or use, unless such building this regulation and shall be the basis complies with standards, prescribed by for court action for the vacation of the State and county laws and regulations premises. applicable in the county within whose (b) If upon inspection, any building, exterior boundaries such building is lo- water supply or sewage disposal system cated, as to construction, water supply is found by the inspecting officer not to and sewage disposal systems. be in conformance with established (b) No person shall construct, rebuild, State and county standards and it is or alter any building, water supply or found further that there is immediate sewage disposal system without the and severe danger to the public health permission of the Superintendent. The and safety or the health and safety of Superintendent will give such permis- the occupants or users, the Super- sion only after receipt of written noti- intendent shall post appropriate no- fication from the appropriate Federal, tices at conspicuous places on such State, or county officer that the plans premises, and thereafter, no person for such building or system comply shall occupy or use the premises on with State or county standards. Any which the deficiency or hazard is lo- person aggrieved by an action of the cated until the Superintendent is satis- Superintendent with respect to any fied 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
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the Saint Croix River on those sections devises permitting or capable of free normally used by motor boats during flotation. other seasons, between the Boomsite [47 FR 55918, Dec. 14, 1982, as amended at 49 and Highway 243 near Osceola, Wis- FR 18450, Apr. 30, 1984; 51 FR 8493, Mar. 12, consin, and Saint Croix Falls to River- 1986; 62 FR 33751, June 23, 1997] side, Wisconsin, and in those areas where county or other established § 7.10 Zion National Park. snowmobile trails need to cross the (a) Vehicle convoy requirements. (1) An riverway or riverway lands to connect operator of a vehicle that exceeds load with other established snowmobile or size limitations established by the trails. superintendent for the use of park (b) Fishing. Unless otherwise des- roads may not operate such vehicle on ignated, fishing in a manner authorized a park road without a convoy service under applicable State law is allowed. provided at the direction of the super- (c) Vessels. (1) Entering by vessel, intendent. launching a vessel, operating a vessel, (2) A single trip convoy fee of $15 is or knowingly allowing another person charged by the superintendent for each to enter, launch or operate a vessel, or vehicle or combination of vehicles con- attempting to do any of these activi- voyed over a park road. Payment of a ties in park area waters when that ves- convoy fee by an operator of a vehicle sel or the trailer or the carrier of that owned by the Federal, State or county government and used on official busi- vessel has been in water infested or ness is not required. Failure to pay a contaminated with aquatic nuisance required convoy fee is prohibited. species, except as provided in para- (b) Snowmobiles. After consideration graph (c)(2) of this section is prohib- of snow and weather conditions, the su- ited. perintendent may permit the use of (2) Vessels, trailers or other carriers snowmobiles on designated routes of vessels wishing to enter park area within the park. Snowmobile use is re- waters from aquatic nuisance species stricted to the established roadway. All contaminated or infested waters may off-road use is prohibited. The des- enter after being inspected and cleaned ignated routes are defined as follows: using the technique or process appro- (1) All of the paved portion of the priate to the nuisance species. Kolob Terrace Road from the park (d) Placing or dumping, or attempt- boundary in the west one-half of Sec. ing to place or dump, bait containers, 33, T. 40 S., R. 11 W., Salt Lake Base live wells, or other water-holding de- and Meridian, north to where this road vises that are or were filled with wa- leaves the park in the northwest corner ters holding or contaminated by aquat- of Sec. 16, T. 40 S., R. 11 W., SLBM. ic nuisance species is prohibited. This paved portion of the Kolob Ter- (e) Using a wet suit or associated race Road is approximately three and water use and diving equipment pre- one-half miles in length. viously used in waters infested with (2) All of the unplowed, paved por- aquatic nuisance species prior to being tions of the Kolob Terrace Road from inspected and cleaned using a process the park boundary, north of Spendlove Knoll, in Sec. 5, T. 40 S., R. 11 W., appropriate to the nuisance species is SLBM, north to where this road leaves prohibited. the park in the southwest corner of (f) For the purpose of this section: Sec. 23, T. 39 S., R. 11 W., SLBM, a dis- (1) The term aquatic nuisance species tance of approximately five miles. means the zebra mussel, purple (3) The unplowed, graded dirt road loosestrife and Eurasian watermilfoil; from the park boundary in the south- (2) The term vessel means every type east corner of Sec. 13, T. 39 S., R. 11 W., or description of craft on the water SLBM, south to Lava Point Fire Look- used or capable of being used as a out in the northwest quarter of Sec. 31, means of transportation, including sea- T. 39 S., R. 10 W., SLBM, a distance of planes, when on the water, and buoyant approximately one mile.
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(4) The unplowed, graded dirt road 2 and 4 of this chapter, as well as the from the Lava Point Ranger Station, specific provisions of this paragraph southeast to the West Rim Trailhead (b). and then to a point where this road di- (ii) Oversand routes may be des- vides and leaves the park, in the south- ignated by the Superintendent in the east corner of Sec. 30, and the north- following locations: east corner of Sec. 31, T. 39 S., R. 10 W., (A) In the eastern portion of Perdido SLBM, a distance of approximately two Key, from the easternmost extension of miles. the paved road to the east end of the is- (5) The unplowed, graded dirt road land, excluding the Perdido Key His- from the Lava Point Ranger Station, toric District near the former site of north to the park boundary where this Fort McRee. road leaves the park, all in the south- (B) In the westernmost portion of east corner of Sec. 13, T. 39 S., R. 11 W., Santa Rosa Island, from the vicinity of SLBM, a distance of approximately Fort Pickens to the west end of the is- one-fourth mile. land. [49 FR 34482, Aug. 31, 1984 as amended at 51 (iii) Oversand routes designated by FR 4736, Feb. 7, 1986] the Superintendent will be shown on maps available at park headquarters § 7.11 [Reserved] and other park offices. Signs at the en- trance 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: (1) Aircraft may be oper- ious aircraft. (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. (3) Aircraft operating in the vicinity (2) Permits. (i) The Superintendent is of any developed facilities, boat docks, authorized to establish a system of spe- floats, piers, ramps or bathing beaches cial recreation permits for oversand ve- will remain 500 feet from such facilities hicles and to establish special recre- and must be operated with due care ation permit fees for these permits, and regard for persons and property consistent with the conditions and cri- and in accordance with any posted teria of 36 CFR part 71. signs or uniform waterway markers. (ii) No motor vehicle shall be oper- (4) Aircraft are prohibited from land- ated on a designated oversand route ing on or taking off from any land sur- without a valid permit issued by the faces; any estuary, lagoon, pond or Superintendent. tidal flat; or any waters temporarily (iii) Permits are not transferable to covering a beach; except when such op- another motor vehicle or to another erations may be authorized by prior driver. The driver listed on the permit permission of the Superintendent. Per- must be present in the vehicle at any mission shall be based on needs for time it is being operated on an emergency service, resource protec- oversand route. Permits are to be dis- tion, or resource management. played as directed at the time of (b) Off-road operation of motor vehi- issuance. cles—(1) Route designations. (i) The op- (iv) No permit shall be valid for more eration of motor vehicles, other than than one year. Permits may be issued on established roads and parking areas, for lesser periods, as appropriate for is limited to oversand routes des- the time of year at which a permit is ignated by the Superintendent in ac- issued or the length of time for which cordance with § 4.10(b) of this chapter. use is requested. Operation of vehicles on these routes (v) For a permit to be issued, a motor will be subject to all provisions of parts vehicle must:
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(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 [41 FR 29120, July 15, 1976, as amended at 46 licensing, registration, inspection, in- FR 40875, Aug. 13, 1981; 52 FR 10686, Apr. 2, surance, and required equipment. 1987] (C) Contain the following equipment to be carried at all times when the ve- § 7.13 Yellowstone National Park. hicle is being operated on an oversand (a) Commercial Vehicles. (1) Notwith- route: shovel; tow rope, cable or chain; standing the prohibition of commercial jack; and board or similar support for vehicles set forth in § 5.6 of this chap- the jack. ter, commercial vehicles are allowed to (vi) No permit will be issued for a operate on U.S. Highway 191 in accord- two-wheel drive motor vehicle, a mo- ance with the provisions of this sec- torcycle, an all-terrain vehicle, or any tion. vehicle not meeting State require- (2) The transporting on U.S. Highway ments for on-road use. 191 of any substance or combination of (vii) In addition to any penalty re- substances, including any hazardous quired by § 1.3 of this chapter for a vio- substance, hazardous material, or haz- lation of regulations governing the use ardous waste as defined in 49 CFR 171.8 of motor vehicles on oversand routes, that requires placarding of the trans- the Superintendent may revoke the port vehicle in accordance with 49 CFR permit of the person committing the 177.823 or any marine pollutant that re- violation or in whose vehicle the viola- quires marking as defined in 49 CFR tion was committed. No person whose Subtitle B, is prohibited; provided, permit has been so revoked shall be however, that the superintendent may issued a permit for a period of one year issue permits and establish terms and following revocation. conditions for the transportation of (3) Operation of vehicles. (i) No motor hazardous materials on U.S. Highway vehicle shall be operated in any loca- 191 in emergencies or when such trans- tion off a designated oversand route or portation is necessary for access to on any portion of a route designated as lands within or adjacent to the park closed by the posting of appropriate area. signs. (3) The operator of a motor vehicle (ii) No motor vehicle shall be oper- transporting any hazardous substance, ated on an oversand route in excess of hazardous material, hazardous waste, the following speeds: or marine pollutant in accordance with (A) 15 miles per hour while within 100 a permit issued under this section is feet of any person not in a motor vehi- not relieved in any manner from com- cle. plying with all applicable regulations (B) 25 miles per hour at all other in 49 CFR Subtitle B, or with any other times. State or federal laws and regulations (iii) When two motor vehicles meet applicable to the transportation of any on an oversand route, both drivers hazardous substance, hazardous mate- shall reduce speed and the driver who rial, hazardous waste, or marine pollut- is traveling south or west shall yield ant. the right of way, if the route is too (4) The superintendent may require a narrow for both vehicles. permit and establish terms and condi- (iv) The towing of trailers on tions for the operation of a commercial oversand routes is prohibited. vehicle on any park road in accordance (4) Information collection. The infor- with § 1.6 of this chapter. The super- mation collection requirements con- intendent may charge a fee for permits tained in § 7.12(b)(2) have been approved in accordance with a fee schedule es- by the Office Management and Budget tablished annually. under 44 U.S.C. 3507 and assigned clear- (5) Operating without, or violating a ance number 1024–0017. The information term or condition of, a permit issued in is being collected to solicit informa- accordance with this section is prohib- tion necessary for the Superintendent ited. In addition, violating a term or
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condition of a permit may result in the ments in these regulations. The appli- suspension or revocation of the permit. cant for a special permit shall also (b) Employee motor vehicle permits: agree in writing to provide, in accord- (1) A motor vehicle owned and/or op- ance with paragraph (d)(10) of this sec- erated by an employee of the U.S. Gov- tion, information concerning the ac- ernment, park concessioners and con- tual travel within the ‘‘Five Mile Per tractors, whether employed in a perma- Hour Zones.’’ nent or temporary capacity, shall be (2) Removal of vessels. All privately registered with the Superintendent and owned vessels, boat trailers, water- a permit authorizing the use of said ve- borne craft of any kind, buoys, moor- hicle in the park is required. This re- ing floats, and anchorage equipment quirement also applies to members of will not be permitted in the park prior an employee’s family living in the park to May 1 and must be removed by No- who own or operate a motor vehicle vember 1. within the park. Such permit, issued (3) Restricted landing areas. (i) Prior free of charge, may be secured only to July 1 of each year, the landing of when the vehicle operator can produce any vessel on the shore of Yellowstone a valid certificate of registration, and Lake between Trail Creek and has in his possession a valid operator’s Beaverdam Creek is prohibited, except license. No motor vehicle may be oper- upon written permission of the Super- ated on park roads unless properly reg- intendent. istered. (ii) The landing or beaching of any (2) The permit is valid only for the vessel on the shores of Yellowstone calendar year of issue. Registry must Lake (a) within the confines of Bridge be completed and permits secured by Bay Marina and Lagoon and the con- April 15 of each year or within one necting channel with Yellowstone week after bringing a motor vehicle Lake; and (b) within the confines of into the park, whichever date is later. Grant Village Marina and Lagoon and The permit shall be affixed to the vehi- the connecting channel with Yellow- cle as designated by the Super- intendent. stone Lake is prohibited except at the (c) [Reserved] piers or docks provided for the purpose. (d) Vessels—(1) Permit. (i) A general (4) Closed waters. (i) Vessels are pro- permit, issued by the Superintendent, hibited on Sylvan Lake, Eleanor Lake, is required for all vessels operated upon Twin Lakes, and Beach Springs La- the waters of the park open to boating. goon. In certain areas a special permit is re- (ii) Vessels are prohibited on park quired as specified hereinbelow. These rivers and streams (as differentiated permits must be carried within the ves- from lakes and lagoons), except on the sel at all times when any person is channel between Lewis Lake and Sho- aboard, and shall be exhibited upon re- shone Lake, which is open only to quest to any person authorized to en- handpropelled vessels. force the regulations in this chapter. (5) Lewis Lake motorboat waters. Mo- (ii) A special permit shall be issued torboats are permitted on Lewis Lake. by the Superintendent to any holder of (6) Yellowstone Lake motorboat waters. a general permit who expresses the in- Motorboats are permitted on Yellow- tention to travel into either the South stone Lake except in Flat Mountain Arm or the Southeast Arm ‘‘Five Mile Arm as described in paragraph (d)(6)(i) Per Hour Zones’’ of Yellowstone Lake, of this section and as restricted within as defined in paragraphs (d)(6) (ii) and the South Arm and the Southeast Arm (iii) of this section, upon the comple- where operation is confined to areas tion and filing of a form statement in known as ‘‘Five Mile Per Hour Zones’’ accordance with the provisions of para- which waters are between the lines as graph (d)(10) of this section. described in paragraphs (d)(6) (ii) and (iii) Neither a general nor special (iii) of this section in the South Arm permit shall be issued until the per- and Southeast Arm, but which specifi- mittee has signed a statement certi- cally exclude the southernmost 2 miles fying that he is familiar with the speed of both Arms which are open only to and all other limitations and require- hand-propelled vessels.
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(i) The following portion of Flat (7) Motorboats are prohibited on park Mountain Arm of Yellowstone Lake is waters except as permitted in para- restricted to hand-propelled vessels: graphs (d) (5) and (6) of this section. West of a line beginning at a point (8) Hand-propelled vessel waters. Hand- marked by a monument located on the propelled vessels and sail vessels may south shore of the Flat Mountain Arm operate in park waters except on those and approximately 10,200 feet easterly waters named in paragraph (d)(4) of from the southwest tip of the said arm, this section. said point being approximately (9) Five Mile Per Hour Zone motorboat 44°22′13.2″ N. latitude and 110°25′07.2″ W. restrictions. The operation of motor- longitude, then running approximately boats within ‘‘Five Mile Per Hour 2,800 feet due north to a point marked Zones’’ is subject to the following re- by a monument located on the north strictions: shore of the Flat Mountain Arm, said (i) Class 1 and Class 2 motorboats point being approximately 44°22′40″ N. shall proceed no closer than one-quar- latitude and 110°25′07.2″ W. longitude. ter mile from the shoreline except to (ii) In the South Arm that portion debark or embark passengers, or while between a line from Plover Point run- moored when passengers are ashore. ning generally east to a point marked (ii) [Reserved] by a monument on the northwest tip of (10) Permission required to operate mo- the peninsula common to the South torboats in Five Mile Per Hour Zone. and Southeast Arms; and a line from a Written authority for motorboats to monument located on the west shore of enter either or both the South Arm or the South Arm approximately 2 miles the Southeast Arm ‘‘Five Mile Per north of the cairn which marks the ex- Hour Zones’’ shall be granted to an op- treme southern extremity of Yellow- erator providing that prior to com- stone Lake in accordance with the Act mencement of such entry the operator of Congress establishing Yellowstone completes and files with the Super- National Park; said point being ap- intendent a form statement showing: proximately in latitude 44°18′22.8″ N., at (i) Length, make, and number of mo- longitude 110°20′04.8″ W., Greenwich Me- torboat. ridian, running due east to a point on (ii) Type of vessel, such as inboard, the east shore of the South Arm inboard-outboard, turbojet, and includ- marked by a monument. Operation of motorboats south of the latter line is ing make and horsepower rating of prohibited. motor. (iii) In the Southeast Arm that por- (iii) Name and address of head of tion between a line from a monument party. on the northwest tip of the peninsula (iv) Number of persons in party. common to the South and Southeast (v) Number of nights planned to Arms which runs generally east to a spend in each ‘‘Five Mile Per Hour monument at the mouth of Columbine Zone.’’ Creek; and a line from a cairn which (vi) Place where camping is planned marks the extreme eastern extremity within each ‘‘Five Mile Per Hour of Yellowstone Lake, in accordance Zone,’’ or if applicable, whether party with the Act of Congress establishing will remain overnight on board. Yellowstone National Park; said point (11) The disturbance of birds inhab- being approximately in latitude iting or nesting on either of the islands 44°19′42.0″ N., at longitude 110°12′06.0″ designated as ‘‘Molly Islands’’ in the W., Greenwich Meridian, running west- Southeast Arm of Yellowstone Lake is erly to a point on the west shore of the prohibited; nor shall any vessel ap- Southeast Arm, marked by a monu- proach the shoreline of said islands ment; said point being approximately within one-quarter mile. in latitude 44°20′03.6″ N., at longitude (12) Boat racing, water pageants, and 110°16′19.2″ W., Greenwich Meridian. Op- spectacular or unsafe types of rec- eration of motorboats south of the lat- reational use of vessels are prohibited ter line is prohibited. on park waters.
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(e) Fishing. (1) Fishing restrictions, carrying only round trip passengers based on management objectives de- traveling from the point of origin of scribed in the park’s Resources Man- the tour will, subject to the conditions agement Plan, are established annually set forth in this paragraph, be accorded by the superintendent. admission to the park for the purpose (2) The superintendent may impose of delivering passengers to a point of closures and establish conditions or re- overnight stay in the park and exit strictions, in accordance with the cri- from the park. After passengers have teria and procedures of §§ 1.5 and 1.7 of completed their stay, such motor vehi- this chapter, on any activity per- cles shall leave the park by the most taining to fishing, including, but not convenient exit station, considering limited to, seasons and hours during their destinations. Motor vehicles ad- which fishing may take place, size, mitted to the park under this para- creel and possession limits, species of graph shall not, while in the park, en- fish that may be taken and methods of gage in general sightseeing operations. taking. Admission will be accorded such vehi- (3) Closed waters. The following wa- cles upon establishing to the satisfac- ters of the park are closed to fishing tion of the superintendent that the and are so designated by appropriate tour originated from such place and in signs: such manner as not to provide in effect (i) Pelican Creek from its mouth to a a regular and duplicating service con- point two miles upstream. flicting with, or in competition with, (ii) The Yellowstone River and its the services provided for the public tributary streams from the Yellow- pursuant to contract authorization stone Lake outlet to a point one mile from the Secretary. The super- downstream. intendent shall have the authority to (iii) The Yellowstone River and its specify the route to be followed by such tributary streams from the confluence vehicles within the park. of Alum Creek with the Yellowstone (g) Camping. (1) Camping in Yellow- River upstream to the Sulphur Cal- stone National Park by any person, dron. party, or organization during any cal- (iv) The Yellowstone River from the endar year during the period Labor top of the Upper Falls downstream to a Day through June 30, inclusive, shall point directly below the overlook not exceed 30 days, either in a single known as Inspiration Point. period or combined separate periods, (v) Bridge Bay Lagoon and Marina when such limitations are posted. and Grant Village Lagoon and Marina and their connecting channels with (2) The intensive public-use season Yellowstone Lake. for camping shall be the period July 1 (vi) The shores of the southern ex- to Labor Day. During this period camp- treme of the West Thumb thermal area ing by any person, party, or organiza- along the shore of Yellowstone Lake to tion shall be limited to a total of 14 the mouth of Little Thumb Creek. days either in a single period or com- (vii) The Mammoth water supply res- bined separate periods. ervoir. (h) Dogs and cats. Dogs and cats on (4) Fishing in closed waters or vio- leash, crated, or otherwise under phys- lating a condition or restriction estab- ical restraint are permitted in the park lished by the superintendent is prohib- only within 100 feet of established ited. roads and parking areas. Dogs and cats (f) Commercial passenger-carrying vehi- are prohibited on established trails and cles. The prohibition against the com- boardwalks. mercial transportation of passengers (i) [Reserved] by motor vehicles in Yellowstone Na- (j) Travel on trails. Foot travel in all tional Park contained in § 5.4 of this thermal areas and within the Yellow- chapter shall be subject to the fol- stone Canyon between the Upper Falls lowing exception: Motor vehicles oper- and Inspiration Point must be confined ated on an infrequent and non- to boardwalks or trails that are main- scheduled tour on which the visit to tained for such travel and are marked the park is an incident to such tour, by official signs.
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(k) Portable engines and motors. The (xi) The Grand Loop Road from West operation of motor-driven chain saws, Thumb to its junction with the East portable motor-driven electric light Entrance Road. plants, portable motor-driven pumps, (xii) The East Entrance Road from and other implements driven by port- the East Entrance to its junction with able engines and motors is prohibited the Grand Loop Road. in the park, except in Mammoth, Can- (xiii) The Grand Loop Road from its yon, Fishing Bridge, Bridge Bay, Grant junction with the East Entrance Road Village, and Madison Campgrounds, for to Canyon Junction. park operation purposes, and for con- (xiv) The Canyon Rim Drives. struction and maintenance projects au- (xv) The Grand Loop Road from Can- thorized by the Superintendent. This yon Junction to Tower Junction. restriction shall not apply to outboard (xvi) In the developed areas of Madi- motors on waters open to son Junction, Old Faithful, Grant Vil- motorboating. lage, Lake, Fishing Bridge, Canyon and (l)(1) May I operate a snowmobile in Norris Junction, snowmobile routes to Yellowstone National Park? You may op- scenic points of interest, lodging and other facilities will be designated by erate a snowmobile in Yellowstone Na- appropriate snow poles and signs; said tional Park in compliance with the routes being limited to the unplowed public use limits and operating condi- roadways. The criteria for determining tions established in this section. Effec- specific routes in these areas will be: tive with the end of the winter use sea- the most direct access, weather and son of 2003–2004, snowmobile use in Yel- snow conditions and the elimination of lowstone National Park is prohibited, congestion and improvement of cir- except for essential administrative use culation in the interest of public safe- and in emergency situations as deter- ty. mined by the Superintendent. (3) What is a winter use season? A win- (2) What routes are designated for ter use season is that portion of the snowmobile use in the park through the winter months that begins each year in winter season of 2001–2002? Effective approximately late November, through until the end of the winter use season the following year ending in approxi- of 2001–2002, snowmobile use shall be mately the middle of March. Specific limited to the unplowed roadway, dates are dependent on weather condi- which is defined as that portion of the tions and the availability of NPS fa- roadway located between the road cilities and resources and may be ad- shoulders designated by snow poles or justed at the discretion of the Super- poles, ropes, and signs erected by the intendent. Appropriate notice will be superintendent to regulate snowmobile given to the public of determined start activity, of the following routes for and ending dates each season. snowmobile use: (4) When snowmobile use is authorized, (i) The Grand Loop Road from its where may I operate my snowmobile? You junction with Terrance Springs Drive may operate your snowmobile upon to Norris Junction. designated routes established within (ii) Norris Junction to Canyon Road. the park. On designated routes, snow- (iii) The Virginia Cascade Drive. mobile use is limited to the unplowed (iv) The Grand Loop Road from Nor- roadway, which is distinguished as that ris Junction to Madison Junction. portion of the roadway located between the road shoulders and is designated by (v) The West Entrance Road from the snow poles or other poles, ropes, fenc- Park Boundary at West Yellowstone to ing, or signs erected to regulate snow- Madison Junction. mobile activity. The unplowed roadway (vi) The Grand Loop Road from Madi- may also be distinguished by the inte- son Junction to West Thumb. rior boundaries of the berm created by (vii) The Firehole Canyon Drive. the packing and grooming of the (viii) The Blacktail Plateau Drive. unplowed roadway. Snowmobiles may (ix) The Fountain Flat Drive. also be operated in pullouts or parking (x) The South Entrance Road from areas that are groomed or marked the South Entrance to West Thumb. similarly to roadways.
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(5) What routes are designated for the developed areas of Madison Junc- snowmobile use in the park during the tion, Old Faithful, Grant Village, Lake, winter season of 2002–2003? During the Fishing Bridge, Canyon, Indian Creek winter use season of 2002–2003, the fol- and Norris including the most direct lowing routes are designated for snow- route of access, weather and snow con- mobile use: ditions, and those routes necessary to (i) The Grand Loop Road from its eliminate congestion and improve the junction with Terrace Springs Drive to circulation of the visitor use patterns Norris Junction. in the interest of public safety. (ii) Norris Junction to Canyon Junc- (7) What limits are established for the tion. numbers of snowmobiles permitted to use (iii) The Grand Loop Road from Nor- the park each day? For the winter use ris Junction to Madison Junction. season 2002–2003, the numbers of snow- (iv) The West Entrance Road from mobiles allowed to use the park each the park boundary at West Yellowstone day are listed in the following table: to Madison Junction. Maximum (v) The Grand Loop Road from Madi- daily num- son Junction to West Thumb. ber of snow- Park entrance gate or area mobiles al- (vi) The South Entrance Road from lowed per the South Entrance to West Thumb. gate (vii) The Grand Loop Road from West (i) North Entrance ...... 60 Thumb to its junction with the East (ii) West Entrance ...... 278 Entrance Road. (iii) East Entrance ...... 65 (viii) The East Entrance Road from (iv) South Entrance ...... 90 the East Entrance to its junction with the Grand Loop Road. (8) May I operate a snowcoach in Yel- (ix) The Grand Loop Road from its lowstone National Park? Snowcoaches junction with the East Entrance Road may be operated in Yellowstone Na- to Canyon Junction. tional Park under a Concessions Con- (x) The South Canyon Rim Drive. tract or Permit authorized by the Su- (xi) Any groomed or marked pullouts perintendent. Snowcoach operation is or parking areas along each of these subject to the conditions of the permit routes. and all other conditions identified in (xii) In the developed areas of Madi- this section. son Junction, Old Faithful, Grant Vil- (9) What is a snowcoach? A snowcoach lage, Lake, Fishing Bridge, Canyon, In- is a self-propelled mass transit vehicle dian Creek, and Norris, snowmobile intended for travel on snow, having a routes to scenic points of interest, curb weight of over 1000 pounds (450 lodging, and other facilities will be des- kilograms), driven by a track or tracks ignated by appropriate snow poles and and steered by skis or tracks, having a signs and will be limited to the capacity of at least 8 passengers. unplowed roadways in those areas. (10) What routes are designated for (xiii) The Superintendent may open snowcoach use? Snowcoaches may oper- or close these routes after taking into ate on the same routes designated for consideration the location of wintering snowmobile use in paragraph (l)(5) of wildlife, appropriate snow cover, and this section and the following des- other factors that may relate to public ignated routes: safety. (i) Firehole Canyon Drive. (xiv) Maps detailing the designated (ii) Fountain Flat Road. routes will be available from Park (iii) Virginia Cascades Drive. Headquarters. (iv) North Canyon Rim Drive. (6) What criteria may the Super- (v) Riverside Drive. intendent use to determine the routes (vi) Lake Butte Overlook Drive. within the developed areas referred to in (vii) The portion of the Grand Loop paragraph (l)(5)(xii) of this section? The Road from Canyon Junction to Superintendent shall use the criteria in Washburn Hot Springs Overlook. Executive Order 11644 (3 CFR, 1971–1975 (11) What other conditions are placed Comp., p. 666) and may use other cri- on snowmobile and snowcoach oper- teria to determine use routes within ations? Snowmobiles and snowcoaches
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may be operated in the park under the applicable Executive Orders and the following conditions: park’s management plans. (i) Snowcoaches, and during the win- (m) Swimming. The swimming or ter use season of 2002–2003 snowmobiles, bathing in a natural, historical, or ar- may not be operated in the park be- cheological thermal pool or stream tween the hours of 9:00 p.m. and 8:00 that has waters originating entirely a.m. except by authorization. from a thermal spring or pool is pro- (ii) Idling a snowmobile or snowcoach hibited. is limited to 10 minutes at any one [36 FR 12014, June 24, 1971, as amended at 37 time. FR 24034, Nov. 11, 1972; 39 FR 9964, Mar. 15, (iii) Snowmobiles or snowcoaches 1974; 43 FR 21460, May 18, 1978; 45 FR 56343, that stop on designated routes must Aug. 25, 1980; 48 FR 30293, June 30, 1983; 52 FR pull over to the far right next to the 10686, Apr. 2, 1987; 52 FR 19346, May 22, 1987; snow berm. Stopping the vehicle in a 59 FR 43736, Aug. 25, 1994; 66 FR 7265, Jan. 22, hazardous location, or where the view 2001] of the vehicle might be obscured, such § 7.14 Great Smoky Mountains Na- as on a curve, is prohibited. Pullouts tional Park. must be utilized when available and ac- cessible. (a) Fishing—(1) License. A person fish- ing within the park must have in pos- (iv) Snowmobiles and snowcoaches session the proper State fishing license must be properly registered and display issued by either Tennessee or North a valid state registration sticker. Carolina. A holder of a valid resident (v) Snowmobile operators must pos- or nonresident license issued by either sess a valid state motor vehicle opera- State may fish throughout the park ir- tor’s license or learner’s permit. The li- respective of State boundaries, except cense or permit must be carried on the in Closed and Excluded Waters. operator’s person at all times. (2) Closed and Excluded Waters. All (vi) Persons operating a snowmobile waters of Mingus Creek, Lands Creek, while possessing a learner’s permit Chestnut Branch and that portion of must be accompanied and supervised LeConte Creek as posted through the within line of sight, but no further park residential area of Twin Creeks, than 100 yards, by a responsible person are closed to and excluded from fish- 21 years of age or older possessing a ing. valid state motor vehicle operator’s li- (3) Open Waters. (i) All of the waters cense. of the Oconaluftee River downstream (vii) Allowing or permitting an unli- from where it joins with Raven Fork to censed driver to operate a snowmobile the park boundary and that portion of is prohibited. Raven Fork from its junction with the (viii) During the winter season of Oconaluftee River upstream and paral- 2002–2003, snowmobiles must be accom- leling the Big Cove Road to the park panied by an NPS permitted guide and boundary are open to fishing in accord- may not travel in groups of more than ance with the Cherokee Fish and Game 11 snowmobiles. Management regulations. (12) May I operate a snowplane in the (ii) All other park waters are open to park? The operation of snowplanes in fishing in accordance with National Yellowstone National Park is prohib- Park Service regulations. ited. (4) Season. Open all year for rainbow (13) What is a snowplane? A snowplane and brown trout, smallmouth bass, and is a self-propelled vehicle intended for redeye (rockbass). All other fish are over-the-snow travel and driven by a protected and may not be taken by any pusher-propeller. means. (14) Are there any other forms of over- (5) Time. Fishing is permitted from snow transportation allowed in the park? sunrise to sunset only. No other forms of motorized over-snow (6) Fish and equipment and bait. Fish- transportation are permitted for use in ing is permitted only by use of one the park unless specifically approved handheld rod and line. by the Superintendent and are con- (i) Only artificial flies or lures hav- sistent with the requirements of the ing one single hook may be used.
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(ii) The use or possession of any form paved roads and trail shelters. The Su- of fish bait other than artificial flies or perintendent may designate areas lures on any park stream while in pos- where backcountry camping is prohib- session of fishing tackle is prohibited. ited if there would be potential damage (7) Size limits. All trout or bass caught to park resources or disruption to less than the legal length shall be other park uses. Such areas will be immediatley returned unharmed to the marked on maps available in the Su- water from which taken. perintendent’s office, visitor centers (i) No trout or bass less than 7″ in and ranger stations. A person or group length may be retained. of persons may camp overnight at any (ii) No size limit on redeye other backcountry location within the (rockbass). park, except: (8) Possession limit. (i) Possession (1) No person or group of persons limit shall mean and include the num- travelling together may camp without ber of trout, bass or redeye (rockbass) a valid backcountry camping permit. caught in park waters which may be in The issuance of this permit may be de- 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.
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(b) Powerless flight. The use of devices (e) Camping. (1) Camping is permitted designed to carry persons through the in Yosemite National Park for not air in powerless flight is allowed at more than a total of 30 days in any cal- times and locations designated by the endar year: Provided, however, That superintendent, pursuant to the terms during the period from June 1 to Sep- and conditions of a permit. tember 15, inclusive, camping within (c) Sanitation. (1) The possession of the Yosemite Valley is limited to not food or beverage in discardable glass more than a total of 7 days and camp- containers is prohibited in the ing within all other portions of the backcountry. park, during the same period, is lim- (2) Except in comfort facilities pro- ited to not more than a total of 14 vided therefor, no person in the days. backcountry shall urinate or defecate (2) Quiet shall be maintained at all within ten (10) yards of any stream, camps between 10 p.m. and 6 a.m. trail, unpaved road or park facility. (f)–(g) [Reserved] Fecal material must be placed in a hole (h) Regulations governing eating and and be covered with not less than three drinking establishments and sale of food (3) inches of soil. and drink. (1) No restaurant, coffee shop, cafeteria, short order cafe, lunch [24 FR 11041, Dec. 30, 1959, as amended at 28 room, tavern, sandwich stand, soda 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, June 30, 1983; 49 FR 18450, Apr. 30, 1984; 52 FR establishment, including kitchens, or 10686, Apr. 2, 1987; 52 FR 19345, May 22, 1987; other place in which food and drink is 63 FR 13343, Mar. 19, 1998] prepared for sale elsewhere, may be op- erated on any privately-owned lands § 7.16 Yosemite National Park. within Yosemite National Park unless 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 (4) No fee will be charged for the States Government, the State of Cali- issuance of such a permit. fornia, or the City of San Francisco, (5) The applicant or permittee may California. appeal to the Regional Director, Na- (2) [Reserved] tional Park Service, from any final ac- (c) Powerless flight. The use of devices tion of the Superintendent refusing, designed to carry persons through the conditioning or revoking the permit. air in powerless flight is allowed at Such an appeal, in writing, shall be times and locations designated by the filed within twenty days after receipt superintendent, pursuant to the terms of notice by the applicant or permittee and conditions of a permit. of the action appealed from. Any final (d) [Reserved] decision of the Regional Director may
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be appealed to the Director of the Na- REVERSE OF PERMIT tional Park Service within 15 days GENERAL REGULATORY PROVISIONS OF THIS after receipt of notice by the applicant PERMIT or permittee of the Regional Director’s decision. 1. Permittee shall exercise this privilege subject to the supervision of the Super- (6) The revocable permit for eating intendent of the Park and shall comply with and drinking establishments and sale the regulations of the Secretary of the Inte- of food and drink authorized in this rior governing the Park. paragraph to be issued by the Super- 2. Any building or structure used for the intendent shall contain general regu- purpose of conducting the business herein latory provisions as hereinafter set permitted shall be kept in a safe, sanitary and sightly condition. forth, and will include such special 3. Permittee shall dispose of brush and conditions as the Superintendent may other refuse from the business herein per- deem necessary to cover existing local mitted as required by the Superintendent. circumstances, and shall be in a form 4. Permittee shall pay to the United States substantially as follows: for any damage resulting to Government- owned property from the operation of the business herein permitted. FRONT OF PERMIT 5. Permittee, his agents, and employees No. lll shall take all reasonable precautions to pre- 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- lllll 19l to lllll 19l, inclusive to erning the Park, or with the conditions im- operate a posed by this permit, will be grounds for rev- (Specify type of establishment) ocation of this permit. 7. No disorderly conduct shall be permitted on the following described privately-owned on the premises. lands within Yosemite National Park, over 8. This permit may not be transferred or which the United States exercises exclusive assigned without the consent, in writing, of jurisdiction llllll subject to the gen- the Superintendent. eral provisions and any special conditions 9. Neither Members of, nor Delegates to stated on the reverse hereof. Congress, or Resident Commissioners, offi- Issued at llllll this lll day of cers, agents, or employees of the Department llllll, 19l. of the Interior shall be admitted to any Superintendent share or part of this permit or derive di- rectly or indirectly, any pecuniary benefit The undersigned hereby accepts this permit arising therefrom. subject to the terms, covenants, obligations 10. The following special provisions are and reservations, expressed or implied there- made a part of this permit: in. Two witnesses to signature(s): (i) Motorboats. Motorboats are prohib- thnsp;1 ited on all the natural lakes and lllllllllllllllllllllllstreams of Yosemite National Park. (Address) (j) Domestic water supplies and sewage (Address) disposal systems—(1) Sewage disposal sys- tems—(i) Construction. Any dwelling or 1 Sign name or names as written in body of establishment constructed on privately permit; for copartnership, permittees should owned land within Yosemite National sign as ‘‘Members of firm’’; for corporation, 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 wit- occupancy. Such system may not be nesses. initially constructed or rebuilt without
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a permit issued by the Superintendent. owned lands outside of the park. Facili- Such permit shall be issued only after ties for such a new water supply sys- the receipt by the Superintendent of tem shall not be constructed or recon- written notification by the County structed without a permit issued by Health Officer that the plans for such the Superintendent. A permit will be construction or reconstruction are con- issued only after the receipt by the Su- sistent with the requirements of the perintendent of written notification by State and county health laws and ordi- the County Health Officer that the nances applicable to systems not lo- plans for the construction or recon- cated on lands within the park. struction of the water supply system (ii) Existing systems. Any sewage dis- are consistent with the requirements of posal system which was constructed the State and county health laws and and was in use prior to the effective ordinances applicable to structures and date of this regulation shall be subject establishments located outside of the to inspection by the County Health Of- park. ficer or his duly authorized representa- (ii) Existing systems. All water supply tive for the purpose of ascertaining systems for the use of two (2) or more whether or not such existing sewage families or for use by the general pub- 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 no- poration, or other organization con- tice shall describe briefly the defi- trolling the premises served by such ciency as noted by the County Health system shall have one (1) year after Officer and shall specify what steps service of a written notice by the Su- must be taken to achieve conformity perintendent to comply with the re- with health regulations. In the event quirements of the State and county the deficiency described in the notice health laws and ordinances. Such no- is not remedied within the period set tice shall describe briefly the defi- forth above, the structures affected by ciency as noted by the County Health or served by such sewage system shall Officer and shall specify what steps be deemed unfit for human habitation must be taken to achieve conformity and shall be vacated until such defi- with health regulations. In the event ciency is remedied and a certificate of the deficiency described by the notice approval is filed with the Super- is not remedied within the period set intendent. forth above, the structures affected by (2) Water supply facilities—(i) Con- such deficiency shall be considered struction of new facilities. Domestic unfit for human habitation and shall be water supply facilities for the use of vacated until such deficiency is rem- two (2) or more families or for use of edied and certificate of approval by the the general public may not be con- County Health Officer is filed with the structed, installed, or reconstructed on Superintendent. the privately owned land within Yo- (3) Inspection. The County Health Of- semite National Park unless the plans ficer or his duly authorized representa- for such facilities are consistent with tive shall have the right of inspection the requirements of State and county for the purpose of ascertaining whether health laws and ordinances which domestic water supplies and sewage would be applicable if such water sup- disposal systems located on privately ply facilities were located on privately owned lands within Yosemite National
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Park meet State and county health to the general provisions and any special standards. Inspection may be made by conditions stated on the reverse hereof. the County Health Officer to assure Issued at llllll this llll day of , 19 . that construction of such systems, and llllll l facilities as may be built, rebuilt, or llllllllllllllllllllllll installed complies with approved plans. (Superintendent) (4) Issuance of permits. Permits for the The undersigned hereby accepts this per- construction or reconstruction of sew- mit subject to the terms, covenants, obliga- tions, and reservations, expressed or implied age or water supply systems shall be therein. issued without charge by the Super- 1 llllllllllll intendent after written notification by the County Health Officer that the Two witnesses to signature(s): llllllllllllllllllllllll plans and specifications for any pro- Address lllllllllllllllllll posed system are deemed to be in con- llllllllllllllllllllllll formity with the requirements of the Address lllllllllllllllllll State and county health laws and ordi- 1 Sign name or names as written in body of nances. Any applicant or permittee ag- permit; for copartnership, permittees should grieved by an action of the Super- sign as ‘‘Members of firm’’; for corporation intendent in refusing or in condi- the officer authorized to execute contracts tioning a permit for the construction etc., should sign, with title, the sufficiency or reconstruction of a sewage disposal of such signature being attested by the sec- or a water supply system may appeal retary, with corporate seal, in lieu of wit- nesses to the Regional Director, National Park Service. Such appeal shall be REVERSE OF PERMIT filed in writing within 20 days after re- ceipt of notice by the applicant or per- GENERAL REGULATORY PROVISIONS OF THIS PERMIT mittee of the action of the Super- intendent. A final decision of the Re- 1. Permittee shall construct, build, or re- gional Director may be similarly ap- build a domestic water system and/or a sew- age disposal system in accordance with the pealed to the Director of the National standards of the Mariposa County Health De- Park Service within 15 days after re- partment. ceipt of notice by the applicant or per- 2. Permittee shall not occupy constructed mittee of the Regional Director’s deci- dwelling or establishment until completion sion. of a bona fide, operational sewage disposal (5) Permits. Permit to construct or re- system. construct domestic water facilities or a 3. Failure of the permittee to comply with all State and county laws and ordinances ap- sewage disposal system authorized to plicable to domestic water supplies and the be issued by the Superintendent in this disposal of sewage, including household paragraph shall contain general regu- waste, or with the conditions imposed by latory provisions as hereinafter set this permit will be grounds for requiring the forth and may include such special con- permittee to vacate the dwelling or estab- ditions as the Superintendent deems lishment until compliance. necessary. A permit shall be in a form 4. Permittee shall take all reasonable pre- cautions to prevent forest fires and shall as- substantially as follows: sist the Superintendent to extinguish forest No. lll fires within the vicinity of the structure herein permitted. UNITED STATES DEPARTMENT OF THE INTERIOR 5. This permit may not be transferred or NATIONAL PARK SERVICE assigned without the consent, in writing, of the Superintendent. PERMIT TO CONSTRUCT, BUILD, OR REBUILD DO- 6. The following special provisions are MESTIC WATER SYSTEMS AND SEWAGE DIS- made a part of this permit: POSAL SYSTEMS (k) Skelton Lakes and Delaney Creek Permission is hereby granted lllll of from its beginning at the outlet of the lllll to construct, build, or rebuild a lower Skelton Lake to its interception lllllllllllllllllllllll with the Tuolumne Meadows—Young (Specify water system, sewage disposal sys- tem) on the following described privately Lakes Trail, are closed to all public owned lands within Yosemite National Park, fishing. over which the United States exercises ex- (l) Motor vehicles driven or moved clusive jurisdiction lllllllll subject upon a park road must be registered
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and properly display current license taining an alcoholic beverage which plates. Such registration may be with a has been opened, a seal broken, or the State or other appropriate authority contents of which have been partially or, in the case of motor vehicles oper- removed is prohibited, except in resi- ated exclusively on park roads, with dences or other areas specifically au- the superintendent. An annual reg- thorized by the superintendent as to istration fee of $6 will be charged for time and place. vehicles registered with the super- (2) Definition—Alcoholic beverages. intendent which are not connected Any liquid beverage containing 1⁄2 of 1 with the operation of the park. percent or more of alcohol by weight. (m) Trucking. (1) The fees for special trucking permits issued in emergencies [47 FR 24299, June 4, 1982] pursuant to paragraph (b) of § 5.6 of this chapter shall be based on the licensed § 7.18 Hot Springs National Park. capacity of trucks, trailers, or (a) Commercial Vehicles. Permits shall semitrailers, as follows: be required for the operation of com- Trucks, less than 1 ton. mercial passenger-carrying vehicles, Trucks of 1 ton and over, but not to exceed including taxicabs, carrying passengers 10 tons. for hire over park roads for sightseeing Appropriate automobile permit fee. $5 for purposes. The fees for such permits each ton or fraction thereof. shall be as follows: (i) The fee charged is for one round (1) Fleet operator; equipment that in- trip between any two park entrances cludes any combination of commercial provided such trip is made within one passenger-carrying vehicles, including 24-hour period; otherwise the fee is for taxicabs. Calendar-year permit—$25. a one-way trip. (2) Bus operator; equipment limited (ii) Trucks carrying bona fide park to a single bus-type vehicle with pas- visitors and/or their luggage or camp- senger-carrying seat capacity in excess ing equipment may enter the park of eight persons. Calendar-year per- upon payment of the regular recreation mit—$20. fees. (2) The fee provided in paragraph (3) Taxicab operator; equipment lim- (m)(1) of this section also shall apply to ited to a single vehicle with a capacity permits which the superintendent may of not over eight passenger-carrying issue for trucking through one park en- seats. Calendar-year permit—$12. trance to and from privately owned (4) The fees for permits issued for lands contiguous to the park bound- commercial passenger-carrying vehicle aries, except that such fee shall be con- operations starting on or after July 1 sidered an annual vehicle fee covering of each calender year will be one-half the use of park roads between the point of the respective rates mentioned in of access to such property and the paragraphs (a)(1), (2), and (3) of this nearest park exit connecting with a section. State or county road. (b) Use of water. The taking or car- [24 FR 11042, Dec. 30, 1959, as amended at 25 rying away of water, hot or cold, from FR 3124, Apr. 12, 1960; 25 FR 4992, June 7, 1960; any of the springs, fountains, or other 26 FR 9993, Oct. 25, 1961; 27 FR 2469, Mar. 15, sources of supply in Hot Springs Na- 1962; 27 FR 8543, Aug. 25, 1962; 29 FR 5887, May tional Park for the purpose of sale, or 5, 1964; 29 FR 7324, June 5, 1964; 31 FR 11454, for any use other than personal drink- Aug. 31, 1966; 34 FR 12341, July 26, 1969; 35 FR 10658. July 1, 1970; 40 FR 25004, June 12, 1975; ing, is prohibited. 48 FR 30294, June 30, 1983; 49 FR 18450, Apr. [24 FR 11042, Dec. 30, 1959, as amended at 32 30, 1984; 52 FR 10686, Apr. 2, 1987; 60 FR 55791, FR 15710, Nov. 15, 1967; 48 FR 30294, June 30, Nov. 3, 1995] 1983] § 7.17 Cuyahoga Valley National Recre- ation Area. § 7.19 Canyon de Chelly National Monument. (a) Alcoholic beverages—(1) Possession. The possession or consumption of a (a) Visitors are prohibited from en- bottle, can, or other receptacle con- tering the canyons of Canyon de Chelly
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National Monument unless accom- (vii) ‘‘Public utility vehicle’’ means panied by National Park Service em- any motor vehicle operated and owned ployees or by authorized guides: Pro- or leased by a public utility or public vided, however, That the Super- service company franchised or licensed intendent may designate, by marking to supply, on the island, electricity, on a map which shall be available for water, or telephone service, while that public inspection in the Office of the vehicle is in use for supplying such Superintendent and at other conven- service. ient locations within the monument, (viii) ‘‘Year-round residents’’ means canyons or portions thereof which may those persons who are legally domi- be visited or entered without being so ciled on the island and who, in addi- accompanied. (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 con- § 7.20 Fire Island National Seashore. tinuously reside in their homes on the Island for less than 12 months of the (a) Operation of motor vehicles—(1) year. Definitions. The following definitions shall apply to all provisions of this (x) ‘‘Essential service vehicle’’ means paragraph (a): any motor vehicle other than a public (i) ‘‘Act’’ means the Act of Sep- utility vehicle whose use on the Island tember 11, 1964 (Pub. L. 88–587, 78 Stat. is essential to the continued use of 928, 16 U.S.C. 459e et seq.), or as the residences on the Island. This may in- same may be amended or supple- clude vehicles used for the following mented, which authorizes the estab- purposes, while in use for such pur- lishment of the Seashore. poses: (ii) ‘‘Seashore lands’’ means any (A) Transporting heating fuel and lands or interests in lands owned or bottled gas. hereafter acquired by the United (B) Sanitation or refuse removal. States within the authorized bound- (xi) ‘‘Official vehicle’’ means any aries of the Seashore. It shall also motor vehicle operated and owned or mean any lands or interests in lands leased by a Federal, State, or local gov- owned by the United States which are ernmental agency, except for law en- on the island, outside the authorized forcement vehicles and fire fighting ap- boundaries of the Seashore, and man- paratus, while that vehicle is being aged for recreational purposes by the used to transact the official business of National Park Service pursuant to an that agency. agreement with another Federal agen- (xii) ‘‘Construction and business ve- cy. hicle’’ means any motor vehicle other (iii) ‘‘Island’’ means the entirety of Fire Island, New York; without regard than a public utility vehicle or essen- for property ownership, jurisdiction, or tial service vehicle involved in con- the boundaries of Fire Island National struction, maintenance, or repair of Seashore. structures on the Island or the trans- (iv) ‘‘Mainland’’ means the land of portation of materials or supplies to Long Island, N.Y. retail business establishments on the (v) ‘‘Motor vehicle’’ means a device Island. which is self-propelled by internal com- (2) Routes for motor vehicle travel. No bustion or electrical energy and in, motor vehicle may be operated on Sea- upon, or by which any person or mate- shore lands except on routes designated rial is or may be transported on land. for that purpose and subject to the lim- (vi) ‘‘Dune crossing’’ means an access itations of this paragraph (a). The fol- route over a primary dune which has lowing are the routes for off-road been designated and appropriately motor vehicle travel on Seashore lands, posted. which shall be designated on a map
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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 wa- question is adequate to carry the per- ter’s edge and 20 feet seaward of the son or object to be transported. beach grass (Ammophila breviligata) (4) Permit required. No motor vehicle, line. If the water is higher than this 20- other than a piece of firefighting appa- foot line, no vehicle travel is per- ratus or a motor vehicle operated and mitted. owned or leased by a duly constituted (ii) A 1-mile route in the interior of law enforcement agency having juris- the Island, crossing the ‘‘Lighthouse diction within the Seashore, shall be Tract’’ from the easterly end of the operated on Seashore lands without a paved road in Robert Moses State Park valid permit issued by the Super- to the eastern boundary of the Tract, intendent. which is the western boundary of the (5) Permit eligibility. Any person, firm, community of Lighthouse Shores-Kis- partnership, corporation, organization, met Park. or agency falling within the categories (iii) An interior route which extends listed below may apply to the Super- intermittently the length of the island, intendent for a permit, using a form to commonly referred to as the ‘‘Burma be supplied for that purpose. The fol- Road,’’ for limited travel by public lowing will be eligible to submit per- utility and law enforcement vehicles mit applications: and fire fighting apparatus. (i) Those persons who are year-round (iv) Posted dune crossings from the residents. beach to the ‘‘Burma Road’’ or to path- (ii) Those persons who held part-time ways within the island communities. permits prior to January 1, 1978. (3) Alternative means of transportation. (iii) Those persons, firms, partner- In providing for access to the island, ships, corporations, organizations, or the Superintendent shall require max- agencies which provide services essen- imum possible reliance on those means tial to public facilities and the occu- of transportation which are other than pancy of residences on the Island. private motor vehicles and which have (iv) Those persons who desire access the minimum feasible impact on Sea- by motor vehicle to Seashore lands in shore lands. As used in this paragraph order to engage in fishing or hunting (a), the term ‘‘alternative transpor- thereon, provided such access is com- tation’’ shall mean a waterborne con- patible with conservation and preserva- veyance that is licensed for hire and tion of Seashore resources. that provides a reasonable means of (v) Those owners of estates in real transportation between the mainland property located on the Island who and the island. Such alternative trans- have a demonstrated need for tem- portation shall be deemed to exist for porary access to that property on days each particular factual situation in when there is no alternative transpor- which: tation. (i) The schedule of the transportation (vi) Holders of reserved rights of use service in question permits departure and occupancy. from an island terminal before 9 a.m. (6) Standards for issuance of permits. and departure from a mainland ter- Permits will not be issued for the con- minal after 5 p.m. on the same day; and venience of travel on Seashore lands. (ii) When the interval between the The Superintendent shall approve an earliest and latest service provided by application for a motor vehicle permit the transportation service in question with appropriate limitations and re- on any day exceeds 8 hours, such serv- strictions or deny the application, in ice provides at least one round trip be- accordance with the provisions of this tween the mainland and the island dur- paragraph (a). Permits will be issued ing that interval; and only for those motor vehicles whose (iii) The island transportation ter- travel on Seashore lands is deemed by minal in question is no more than one the Superintendent to be essential to
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the management or enjoyment of Sea- intendent shall consider such factors as shore resources, or to the occupancy of the type of use or purpose for which residences or the ownership of real travel is authorized, the availability of property on the island. In making this other means of transportation, limits determination, the Superintendent established by local jurisdictions, his- shall consider the purposes of the Act toric patterns of use, conflicts with in providing for the conservation and 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 to the standards set forth in para- resident who is denied a permit because graphs (a) (5) and (6), must, prior to the the limit has been reached is placed on issuance of such permit: a waiting list. When the number of out- (i) Have a valid permit or other au- standing permits drops below 145, per- thorization for operation on the island mits are issued in order of the date of issued by the local government agency receipt of the application. When mul- or agencies within whose jurisdiction tiple applications are received on the the travel is to be performed, if such same day, priority is given to persons permission or authorization is required both living and working full time on by such agency or agencies. the Island. One year-round resident (ii) Be capable of four-wheel drive op- permit is allowed per household. Per- eration. mit applications are mailed by the Su- (iii) Have a rated gross vehicle perintendent by December 1 of each weight not in excess of 10,000 pounds, year to those year-round residents eli- unless the use of a larger vehicle will gible to renew their permit. The dead- result in a reduction of overall motor line for receipt of completed applica- vehicle travel. tions is January 31 of the permit year. (iv) Meet the requirements of Applications received after January 31 § 4.10(c)(3) of this chapter and conform are not considered as renewals of exist- to all applicable State laws regarding ing permits. Should the 145 limit be licensing, registration, inspection, in- reached, late applications are placed at surance, and required equipment. the end of the waiting list. (8) Limitations on number of permits. (i) (B) Part-time residents. Permits are The Superintendent may limit the issued only to part-time residents who total number of permits for motor ve- held a residential permit as of January hicle travel on Seashore lands, and/or 1, 1978. No more than 100 part-time limit the number of permits issued for resident permits are issued. A part- each category of eligible applicants time resident who becomes a year- listed in paragraph (a)(5) of this section round resident is eligible to apply for a as the Superintendent deems necessary year-round resident permit in accord- for resource protection, public safety, ance with paragraph (a)(8)(ii)(A) of this or visitor enjoyment. In establishing or section. A year-round resident permit revising such limits, the Super- holder as of January 1, 1978, who no
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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. firm or a year-round business is eligi- (iv) Permits may specify a single or ble for a one-year letter permit and multiple uses or purposes for which only as long as the firm or business re- travel on Seashore lands is permitted. mains in year-round operation. Not- The limitations and restrictions on au- withstanding possession of either a 30- thorized travel set forth in paragraph day permit or a one-year letter permit, (a)(10) of this section shall apply, how- when water transportation is available, ever, depending upon the specific use or a firm or business shall accomplish all purpose for which a permitted motor transportation of materials, supplies, vehicle is being utilized at the time of and crews by use of the nearest avail- travel. able ferry, freight, or other overwater (v) Permits may contain such other transportation method. When water limitations or conditions as the Super- transportation is available, vehicles intendent deems necessary for resource permitted under a 30-day permit may protection, public safety, or visitor en- remain at the job site but must be re- joyment. Limitations may include, but moved upon the completion of the job. will not be limited to, restrictions on (F) Municipal employees. A year-round locations where vehicle travel is au- resident who is a full-time employee of thorized and times, dates, or frequency one of the two villages or of one of the of travel, in accordance with the provi- 15 unincorporated communities identi- sions of this paragraph (a).
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(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- tions and restrictions on authorized (a)(3), the schedule of transportation travel. services available for the island com- (vi) Recurring travel conducted pur- munity or communities named in the suant to paragraph (a)(10) (iv) or (v) of permit application shall determine the this section is authorized only pursu- days when travel is not authorized for ant to the terms and conditions of the the motor vehicle to which that permit original permit issued by the Super- applies. intendent; single occasion travel is au- (ii) Except as provided in paragraph thorized only pursuant to the terms (a)(10)(iii) of this section, on any day and conditions of a permit issued by on which travel by motor vehicle is au- the Superintendent on a case by case thorized due to a lack of alternative basis. transportation, travel shall be limited (vii) In an emergency involving the to not more than one round trip per ve- protection of life or a threatened sub- hicle per day between the mainland stantial loss of property, travel by a and the Island, and may be performed motor vehicle which is under permit is at any time except the following peri- authorized at any time. ods: (viii) The Superintendent may sus- (A) From 9 a.m. to 6 p.m. on all Sat- pend any travel by motor vehicle oth- urdays, Sundays, and national holidays erwise permitted under this paragraph from May 1 through June 13 and from (a) when in his judgment such travel is September 15 through October 31. inconsistent with the purpose of the (B) From 9 a.m. to 6 p.m. on all week- Act or when such factors as weather, days, and from 6 p.m. Friday to 9 a.m. tides, or other physical conditions the following Monday on all weekends, render travel hazardous or would en- from June 14 through September 14. danger Seashore resources. Such sus- (iii) Exceptions. (A) From the Monday pension of travel shall be announced by after Labor Day through the Friday be- the posting of appropriate signs or fore Memorial Day, a year-round resi- verbal order of the Superintendent. dent may make no more than two (ix) In accordance with the proce- round trips per day for residential pur- dures set forth in § 1.5 of this chapter, poses. the Superintendent may establish a (B) The Seashore is closed to all rec- limit on the number of motor vehicles reational vehicles from January 1 permitted on any portion of, or the en- through March 31 and from June 14 tirety of, the Seashore lands at any one through September 14. During the peri- time when such limits are required in ods when the Seashore is open for rec- the interests of public safety, protec- reational vehicle traffic, an operator of tion of the resources of the area, or co- a recreational vehicle may make no ordination with other visitor uses. more than two round trips per day. On (x) The provisions of this paragraph weekend days in September and Octo- (a)(10) shall not apply to firefighting ber, a recreational vehicle may enter apparatus or to motor vehicles oper- the Island until 9:00 a.m. A rec- ated and owned or leased by a duly con- reational vehicle that has entered the stituted law enforcement agency hav- Island may then remain or may depart ing jurisdiction within the Seashore.
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(11) Rules of travel. (i) When two (i) Kismet—located at approximate motor vehicles approach from opposite longitude 73° 121⁄2′ and approximate directions in the same track on Sea- latitude 40° 381⁄2′. shore lands, both operators shall re- (ii) Lonelyville—located at approxi- duce speed and the operator with the mate longitude 73° 11′ and approximate water to his left shall yield the right of latitude 40° 381⁄2′. way by turning out of the track to the (iii) Atlantique—located at approxi- right. mate longitude 73° 101⁄2′ and approxi- (ii) No motor vehicle shall be oper- mate latitude 40° 381⁄2′. ated on any portion of a dune on Sea- (iv) Fire Island Pines—located at ap- shore lands except at dune crossings. proximate longitude 73° 041⁄2′ and ap- (iii) No person shall operate a motor proximate latitude 40° 40′. vehicle on Seashore lands at a speed in (v) Water Island—located at approxi- excess of 20 miles per hour. mate longitude 73° 02′ and approximate (iv) The speed of any motor vehicle latitude 40° 401⁄2′. being operated on Seashore lands shall (vi) Davis Park—located at approxi- be reduced to five miles per hour upon mate longitude 73° 001⁄2′ and approxi- approaching or passing within 100 feet mate latitude 40° 41′. of any person not in a motor vehicle, or (4) Aircraft operation in the vicinity when passing through or over any dune of marinas, boats, boat docks, floats, crossings. piers, ramps, bird nesting areas, or (12) Violations. (i) Failure to comply bathing beaches must be performed with the conditions of any permit with due caution and regard for per- issued pursuant to this paragraph will sons and property and in accordance constitute a violation of these regula- with any posted signs or uniform wa- tions. terway markers. (ii) In addition to any penalty re- (5) Aircraft are prohibited from land- quired by § 1.3(a) of this chapter for a ing or taking off from any land sur- violation of regulations in this para- faces, any estuary, lagoon, marsh, graph, the Superintendent may sus- pond, tidal flat, paved surface, or any pend or revoke the permit of a motor waters temporarily covering a beach; vehicle involved in such a violation. except with prior authorization of the (b) Operation of Seaplane and Amphib- Superintendent. Permission shall be ious Aircraft. (1) Aircraft may be oper- based on the need for emergency serv- ated on the waters of the Great South ice, resource protection, resource man- Bay and the Atlantic Ocean within the agement or law enforcement. boundaries of Fire Island National Sea- (6) Aircraft operations shall comply shore, except as restricted in § 2.17 of with all Federal, State and county or- this chapter and by the provisions of dinances and rules for operations as paragraph (b)(2) of this section. may be indicated in available naviga- (2) Except as provided in paragraph tion charts or other aids to aviation (b)(3) of this section, the waters of the which are available for the Fire Island Great South Bay and the Atlantic area. Ocean within the boundaries of Fire Is- (c) Information collection. The infor- land National Seashore are closed to mation collection requirements con- take-offs, landings, beachings, ap- tained in this section have been ap- proaches or other aircraft operations proved by the Office of Management at the following locations: and Budget under 44 U.S.C. 3501 et seq. (i) Within 1000 feet of any shoreline, and assigned clearance number 1024– including islands. 0026. This information is being col- (ii) Within 1000 feet of lands within lected in order for the superintendent the boundaries of the incorporated vil- to issue permits and grant administra- lages of Ocean Beach and Saltaire and tive benefits. The obligation to respond the village of Seaview. is required in order to obtain a benefit. (3) Aircraft may taxi on routes per- [42 FR 62483, Dec. 13, 1977, as amended at 44 pendicular to the shoreline to and from FR 44493, July 30, 1979; 47 FR 11011, Mar. 15, docking facilities at the following loca- 1982; 50 FR 24511, June 11, 1985; 52 FR 7376, tions: 7377, Mar. 10, 1987; 52 FR 10686, Apr. 2, 1987]
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§ 7.21 John D. Rockefeller, Jr. Memo- consideration the location of wintering rial Parkway. wildlife, appropriate snow cover, and (a)(1) May I operate a snowmobile in other factors that may relate to public the Parkway? You may operate a snow- safety. mobile in the Parkway in compliance (v) Maps detailing the designated within the public use limits and oper- routes will be available from Park ating conditions established in this Headquarters. section until the end of the winter use (5) What limits are established for the season of 2002–2003 at which time snow- numbers of snowmobiles permitted to use mobile use in the Parkway is prohib- the Parkway each day? For the winter ited except for essential administrative use season 2002–2003, the numbers of use and in emergency situations as de- snowmobiles allowed to use the Park- termined by the Superintendent. way each day are listed in the fol- (2) What routes are designated for lowing table: snowmobile use in the Parkway prior to Maximum the winter use season of 2002–2003? Effec- number of snowmo- tive until the end of the winter use sea- Park entrance gate or area biles al- son of 2001–2002, the following are the lowed per designated routes to be open to snow- gate mobile use: (i) Continental Divide Snowmobile Trail (along (i) The Ashton-Flagg Ranch Road be- U.S. 89/287) from the southern boundary of tween the western boundary of the the JDR Parkway to Flagg Ranch ...... 25 (ii) (Along U.S. 89/287) Flagg Ranch to north- Parkway and its junction with U.S. ern boundary of Parkway ...... 90 Highway 89–287. (iii) Grassy Lake Road ...... 25 (ii) The unplowed portion of U.S. Highway 89–287 between Flagg Ranch (6) May I operate a snowcoach in the and the south boundary of Yellowstone Parkway? Snowcoaches may be oper- National Park. ated in the Parkway under a Conces- (3) What is a winter use season? A win- sions Contract or Permit authorized by ter use season is that portion of the the Superintendent. Snowcoach oper- winter months that begins each year in ation is subject to the conditions of the approximately late November through permit and all other conditions identi- the following year ending in approxi- fied in this section. mately the middle of March. Dates are (7) What is a snowcoach? A snowcoach dependent on weather conditions and is a self-propelled mass transit vehicle the availability of NPS facilities and intended for travel on snow, having a resources and may be adjusted at the curb weight of over 1000 pounds (450 discretion of the Superintendent. Ap- kilograms), driven by a track or tracks propriate notice will be given to the and steered by skis or tracks, having a public of determined start and ending capacity of at least 8 passengers. dates each season. (8) What routes are designated for (4) What routes are designated for snowcoach use? Snowcoaches may oper- snowmobile use in the Parkway in the ate on the routes designated for snow- winter use season of 2002–2003? During mobile use in paragraphs (a)(4)(i) the winter use season of 2002–2003, the through (iii) of this section. following routes are designated for (9) What other conditions are placed on snowmobile use: snowmobile and snowcoach operations? (i) The Continental Divide Snow- Snowmobiles and snowcoaches may be mobile Trail (CDST) along U.S. High- operated under the following condi- way 89/287 from the southern boundary tions: of the Parkway to Flagg Ranch. (i) Snowmobiles or snowcoaches that (ii) Along U.S. Highway 89/287 from stop on designated routes must pull Flagg Ranch to the northern boundary over to the far right next to the snow of the Parkway. berm. Stopping the vehicle in a haz- (iii) Grassy Lake Road from Flagg ardous location, or where the view of Ranch to the western boundary of the the vehicle might be obscured, such as Parkway. on a curve, is prohibited. Pullouts (iv) The Superintendent may open or must be utilized when available and ac- close these routes after taking into cessible.
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(ii) Snowmobiles and snowcoaches Cottonwood Creek from the outlet of must be properly registered and display Jenny Lake downstream to the Saddle a valid state registration sticker. Horse Concession Bridge. (iii) Snowmobile operators must pos- (2) Fishing from any bridge or boat sess a valid state motor vehicle opera- dock is prohibited. tor’s license or learner’s permit. The li- (3) Bait: The use or possession of fish cense or permit must be carried on the eggs or fish for bait is prohibited, ex- operator’s person at all times. cept it shall be permissible to possess (iv) Persons operating a snowmobile or use the following dead, nongame fish while possessing a learner’s permit for bait on or along the shores of Jack- must be accompanied and supervised son Lake: Redside shiner, speckled within line of sight, but no further dace, longnose dace, piute sculpin, than 100 yards, by a responsible person mottled sculpin, Utah chub, Utah suck- 21 years of age or older possessing a er, bluehead sucker, and mountain valid state motor vehicle operator’s li- sucker. Authorized marine bait dealers cense. at Jackson Lake may retain live bait (v) Allowing or permitting an unli- fish in containers: Provided, That such censed driver to operate a snowmobile fish have been taken from Jackson is prohibited. Lake or waters draining into Jackson (vi) Snowcoaches, and during the Lake: And provided further, That such winter use season of 2002–2003 snowmo- bait fish are dead when sold. biles, may not be operated in the park (c) Stock grazing. (1) Privileges for the between the hours of 9 p.m. and 8 a.m. grazing of domestic livestock based on except by authorization. authorized use of certain areas at the (10) May I operate a snowplane in the time of approval of the Act of Sep- Parkway? The operation of snowplanes tember 14, 1950 (64 Stat. 849, Pub. L. in the Parkway is prohibited. 787), shall continue in effect or shall be (11) What is a snowplane? A snowplane renewed from time to time, except for is a self-propelled vehicle intended for failure to comply with such terms and over-the-snow travel and driven by a conditions as may be prescribed by the pusher-propeller. Superintendent in these regulations (12) Are there any other forms of over- and after reasonable notice of default snow transportation allowed in the Park- and subject to the following provisions way? No other forms of motorized over- of tenure: snow transportation are permitted for (i) Grazing privileges appurtenant to use in the Parkway unless specifically privately owned lands located within approved by the Superintendent and the park shall not be withdrawn until are consistent with the requirements of title to the lands to which such privi- the applicable Executive Orders and leges are appurtenant shall have vested the park’s management plans. in the United States except for failure (b) [Reserved] to comply with the regulations applica- [48 FR 19169, Apr. 28, 1983, as amended at 48 ble thereto after reasonable notice of FR 30294, June 30, 1983; 66 FR 7266, Jan. 22, default. 2001] (ii) Grazing privileges appurtenant to privately owned lands located outside § 7.22 Grand Teton National Park. the park shall not be withdrawn for a (a) Aircraft—Designated airstrip. (1) period of twenty-five years after Sep- Jackson Airport, located in SE1⁄4SE1⁄4 tember 14, 1950, and thereafter shall sec. 10, SE1⁄4 and S1⁄2SW1⁄4 sec. 11, S1⁄2 continue during the lifetime of the and NW1⁄4 sec. 14, NW1⁄4NE1⁄4 and E1⁄2 original permittee and his heirs if they NE1⁄4 sec. 15, T. 42 N., R. 116 W., 6th were members of his immediate family Principal Meridian. as described herein, except for failure (2) [Reserved] to comply with the regulations applica- (b) Fishing. (1) The following waters ble thereto after reasonable notice of are closed to fishing: The Snake River default. for a distance of 150 feet below the (iii) Members of the immediate fam- downstream face of Jackson Lake ily are those persons who are related to Dam; Swan Lake; Sawmill Ponds; and directly dependent upon a person Hedrick’s Pond; Christian Ponds; and or persons, living on or conducting
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grazing operations from lands, as of (4)(i) A permittee whose grazing September 14, 1950, which the National privilege is appurtenant to privately Park Service recognized as base lands owned lands within the park will be appurtenant to grazing privileges in granted total nonuse or reduced bene- the park. Such interpretation excludes fits for one or more years without nul- mature children who, as of that date, lifying his privilege in subsequent were established in their own house- years. holds and were not directly dependent (ii) A permittee whose privilege is ap- upon the base lands and appurtenant purtenant to base lands outside the grazing recognized by the National park may be granted total nonuse on a Park Service. year to year basis not to exceed three (iv) If title to base lands lying out- consecutive years. Total nonuse be- side the park is conveyed, or such base yond this time may be granted if neces- lands are leased to someone other than sitated for reasons clearly outside the a member of the immediate family of control of the permittee. Total unau- the permittee as of September 14, 1950, thorized nonuse beyond three consecu- the grazing preference shall be recog- tive years will result in the termi- nized only for a period of twenty-five nation and loss of all grazing privi- years from September 14, 1950. leges. (v) If title to a portion or part of the (iii) Whenever partial or total non- base land either outside or inside the use is desired, an application must be park is conveyed or such base lands are made in writing to the Superintendent. leased, the new owner or lessee will (5) Grazing fees shall be the same as take with the land so acquired or those approved for the Teton National leased, such proportion of the entire Forest and will be adjusted accord- grazing privileges as the grazing capac- ingly. ity in animal unit months of the tract (6) Permittees or nonpermittees who conveyed or leased bears to the origi- have stock on Federal lands within the nal area to which a grazing privilege park at any time or place, when or was appurtenant and recognized. Con- where herding or grazing is unauthor- veyance or lease of all such base lands ized may be assessed fifty cents per day will automatically convey all grazing per animal as damages. privileges appurtenant thereto. (7) The Superintendent may accept a (vi) Grazing privileges which are ap- written relinquishment or waiver of purtenant to base lands located either any privileges; however, no such relin- inside or outside the park shall not be quishment or waiver will be effective conveyed separately therefrom. without the written consent of the (2) Where no reasonable ingress or owner or owners of the base lands. 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.
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(iii) Stock will be allowed to graze ner approved and directed by the Su- only on the allotment designated in perintendent which will prevent soil the permit. erosion thereon and on lands adjoining (iv) The permittee shall file with the same. Superintendent a copy of his stock (ix) The right is reserved to adjust brand or other mark. the fees specified in the permit at any (v) The permittee shall, upon notice time to conform with the fees approved from the Superintendent that the al- for Teton National Forest, and the per- lotment designated in the permit is not mittee shall be furnished a notice of ready to be grazed at the beginning of any change of fees. the designated grazing season, place no (x) All livestock are considered as livestock on the allotment for such a mature animals at six months of age 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) Motorboats are prohib- moved or disposed of to a successor ited except on Jackson, Jenny, and permittee within three months fol- Phelps Lakes. On Jenny Lake, motor- lowing the termination of the permit; boats are restricted to motors not in otherwise they shall become the prop- excess of 71⁄2 horsepower. Additionally, erty of the United States without com- on Jenny Lake, an authorized boating pensation therefor. concessioner may operate motorboats (viii) The permittee shall utilize the under conditions specified by the Su- lands covered by the permit in a man- perintendent.
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(2) Hand-propelled vessels may be Moose-Wilson Road; and the unplowed used on Jackson, Jenny, Phelps, Emma portion of the Teton Park Road north Matilda, Two Ocean, Taggart, Bradley, of Cottonwood Creek to a line of mark- Bearpaw, Leigh, and String Lakes and ers south of Timbered Island, around on the Snake River, except within 1,000 the east side of Timbered Island north feet of the downstream face of Jackson to the line of markers at South Jenny Lake Dam. All other waters are closed Lake Junction, and then north to Sig- to boating. nal Mountain Lodge, except during the (3) Sailboats may be used only on period previous to opening of Potholes- Jackson Lake. Baseline Flats areas when the Teton (4) No person except an authorized Park Road will be open through to Sig- concessioner shall moor or beach a ves- nal Mountain, the Jenny Lake Loop sel on the shore of a designated harbor Road, the Spalding Bay Road, the area, except in an emergency. String Lake Picnic Area Road, the Sig- (f) Management of elk. The laws and nal Mountain Summit Road, the Signal regulations of the State of Wyoming Mountain Launch Ramp Road, and the shall govern elk management as asso- Lizard Creek Campground Road. ciated with formal reduction programs. (3) Effective until the end of the win- Such Wyoming laws and regulations ter use season 2001–2002, the following which are now or will hereafter be in are the designated areas open to snow- effect are hereby incorporated by ref- mobile use: The Potholes-Baseline erence as a part of the regulations in Flats area east of the Teton Park Road this part. north of the Cottonwood Creek, north (g)(1) May I operate a snowmobile in of the Bar BC access road, east of Tim- Grand Teton National Park? Until the bered Island, west of the River Road or end of the winter use season of 2001– as marked at the top of the Snake 2002, you may operate a snowmobile on River Bench, northwest of Timbered Is- the routes and areas designated in land as marked to the Teton Park paragraphs (g)(2) through (g)(4) of this Road and bounded on the north by the section in compliance with operating RKO Road. standards established by the Super- (4) Effective until the end of the win- intendent. During the winter use sea- ter use season 2001–2002, the following son of 2002–2003, you may operate a water surface is designated for snow- snowmobile on the route designated in mobile and snowplane use: The frozen paragraph (g)(6) of this section in com- surface of Jackson Lake. pliance with the public use limits and (5) What is a winter use season? A win- operating standards established by the ter use season is that portion of the Superintendent. Effective the winter winter months that begins each year in use season of 2003–2004, snowmobile use approximately late November, through will be restricted to the routes and pur- the following year ending in approxi- poses in paragraphs (g)(10), (11), (12), mately the middle of March. Specific and (13) of this section. All other snow- dates are dependent on weather condi- mobile use is prohibited, except for es- tions and the availability of park fa- sential administrative use and in emer- cilities and resources and may be ad- gency situations as determined by the justed at the discretion of the Super- Superintendent. intendent. Appropriate notice will be (2) Effective until the end of the win- given to the public of determined start ter use season 2001–2002, the following and ending dates each season. are the designated routes to be open to (6) What routes and limits are des- snowmobile use: The Spread Creek ignated for snowmobile use in the park Road; the unplowed portion of the Pa- during the winter use season of 2002–2003? cific Creek Road; the unplowed portion For the winter use season of 2002–2003, of the Ditch Creek Road; the Lost the Continental Divide Snowmobile Creek Ranch Road, those portions of Trail along U.S. 26/287 from Moran to the unplowed roads connecting with the eastern park boundary and along the Shadow (Antelope) Mountain For- U.S. 89/287 from Moran to the north est Service Road at Cunningham Cabin, park boundary is designated for snow- Lost Creek Road and Antelope Flats mobile use. The Superintendent may Road; the unplowed portions of the open or close this route after taking
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into consideration the location of win- (9) What is a snowplane? A snowplane tering wildlife, appropriate snow cover, is a self-propelled vehicle intended for and other factors that may relate to over-the-snow travel and driven by a public safety. A maximum of 25 snow- pusher-propeller. mobiles is allowed to use this route (10) May I continue to access public each day. lands via snowmobile through the park? (7) What other conditions are placed on Reasonable and direct access via snow- snowmobile operations? Snowmobiles mobile to adjacent public lands will may be operated in the park under the continue to be permitted on designated following conditions: routes through the park. The following (i) Snowmobiles that stop on des- routes are designated for access via ignated routes must pull over to the snowmobile to public lands: far right next to the snow berm. Stop- (i) From the parking area at Shadow ping the vehicle in a hazardous loca- Mountain directly along the unplowed tion, or where the view of the vehicle portion of the road to the east park might be obscured, such as on a curve, boundary. is prohibited. Pullouts must be utilized (ii) Along the unplowed portion of when available and accessible. the Ditch Creek Road directly to the (ii) Snowmobiles must be properly east park boundary. registered and display a valid state reg- (iii) From the Cunningham Cabin pullout on U.S. 26/89 near Triangle X to istration sticker. the east park boundary. (iii) Snowmobile operators must pos- (11) For what purpose may I use the sess a valid state motor vehicle opera- routes designated in paragraph (g)(10) of tor’s license or learner’s permit. The li- this section? You may use those routes cense or permit must be carried on the designated in paragraph (g)(10) of this operator’s person at all times. Snow- section to gain direct access to public mobile operators are not required to lands adjacent to the park boundary. possess a valid drivers license while op- (12) May I continue to access private erating on the public access routes des- property within or adjacent to the park ignated in paragraph (g)(10) of this sec- via snowmobile? Reasonable and direct tion and the private property access access via snowmobile to private prop- routes designated in paragraph (g)(12) erty will continue to be permitted via of this section. designated routes in the park. The fol- (iv) Persons operating a snowmobile lowing routes are designated for access while possessing a learner’s permit to private property within or adjacent must be accompanied and supervised to the park: within line of sight, but no farther (i) The unplowed portion of Antelope than 100 yards, by a responsible person Flats Road off U.S. 26/89 to private 21 years of age or older possessing a lands in the Craighead Subdivision. valid state motor vehicles operator’s (ii) The unplowed portion of the license. Teton Park Road to that piece of land (v) Allowing or permitting an unli- commonly referred to as the ‘‘Clark censed driver to operate a snowmobile Property’’. is prohibited. (iii) From the Moose-Wilson Road to (vi) Snowcoaches, and during the the land commonly referred to as the winter use season of 2002–2003 snowmo- ‘‘Barker Property’’ until the Depart- biles, may not be operated in the park ment of the Interior takes full posses- between the hours of 9 p.m. and 8 a.m. sion of that land. (8) May I operate a snowplane in the (iv) From the Moose-Wilson Road to park? If you had a permit to operate a the land commonly referred to as the snowplane on Jackson Lake during the ‘‘Wittimer Property’’ until the Depart- winter use season 2000–2001, you may ment of the Interior takes full posses- obtain a permit to operate a snowplane sion of that land. on Jackson Lake during the winter use (v) From the Moose-Wilson Road to season of 2001–2002. Effective at the end those two pieces of land commonly re- of the winter use season 2001–2002, ferred to as the ‘‘Halpin Properties’’. snowplane use in Grand Teton National (vi) From either end of the plowed Park is prohibited. sections of the Moose-Wilson Road to
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that piece of land commonly referred Belvedere 57521 to as the ‘‘JY Ranch’’. Cottonwood 57775 (vii) From Highway 26/89/187 to those Creighton 57729 lands commonly referred to as the Interior 57750 ‘‘Meadows’’, the ‘‘Circle EW Ranch’’, Kadoka 57543 the ‘‘Moulton Property, the ‘‘Levinson Kyle 57752 Property’’ and the ‘‘West Property’’. Long Valley 57547 (viii) From Cunningham Cabin pull- Owanka 57767 out on U.S. 26/89 near Triangle X the Philip 57567 piece of land commonly referred to as Scenic 57780 the ‘‘Lost Creek Ranch’’. (ix) Maps detailing designated routes Wall 57790 will be available from Park Head- Wanblee 57577 quarters. Wasta 57791 (13) For what purpose may I use the (3) The Superintendent may require a routes designated in paragraph (g)(12) of permit and establish terms and condi- this section? Those routes designated in tions in accordance with § 1.6 of this paragraph (g)(12) of this section are to chapter for the operation of local com- access private property within or di- mercial vehicles on the park road be- rectly adjacent to the park boundary. tween the park’s Northeast and Inte- Use of these roads via snowmobile is rior entrances. The Superintendent authorized only for the landowners and may charge a fee for any permits their representatives or guests. Rec- issued to commercial vehicles in ac- reational use of these roads by anyone cordance with a fee schedule estab- is prohibited. lished annually. (14) Are there any other forms of over- (4) The commercial transport on the snow transportation allowed in the park? park road between the Northeast and No other forms of motorized over-snow Interior entrances of any substance or transportation are permitted for use in combination of substances, including the park unless specifically approved any hazardous substance, hazardous by the Superintendent and are con- material, or hazardous waste that re- sistent with the requirements of the quires placarding, or any marine pol- applicable Executive Orders and the lutant that requires marking, as de- park’s management plans. fined in 49 CFR Subtitle B, is prohib- [24 FR 11043, Dec. 30, 1959, as amended at 27 ited; except for local bulk deliveries of FR 9515, Sept. 26, 1962; 32 FR 7772, May 27, gasoline, fuel oil and LP gas; provided, 1967; 36 FR 16065, Aug. 19, 1971; 48 FR 19171, however, that the Superintendent may Apr. 28, 1983; 48 FR 30294, June 30, 1983; 60 FR issue permits for the transportation of 13630, Mar. 14, 1995; 60 FR 55791, Nov. 3, 1995; such substance or combination of sub- 66 FR 7267, Jan. 22, 2001] stances, including hazardous waste, in emergencies, and may issue permits § 7.23 Badlands National Park. when such transportation is necessary (a) Commercial vehicles. (1) Notwith- for access to lands within or adjacent standing the prohibition of commercial to the park area to which access is oth- vehicles set forth in § 5.6 of this chap- erwise not available as provided in 36 ter, local commercial vehicles may op- CFR 5.6. erate on the park road between the (5) The operator of a motor vehicle Northeast entrance and the Interior transporting any hazardous substance, entrance in accordance with the provi- hazardous material, hazardous waste, sions of this section. or marine pollutant in accordance with (2) The term ‘‘Local Commercial Ve- a permit issued under this section, is hicles’’, as used in this section, will in- not relieved in any manner from com- clude the definition of ‘‘commercial ve- plying with all applicable regulations hicle’’ in § 5.6(a), but specifically in- in 49 CFR Subtitle B, or with any other cludes only those vehicles that origi- State or Federal laws and regulations nate from, or are destined to, the fol- applicable to the transportation of any lowing U.S. Postal Service ZIP code hazardous substance, hazardous mate- areas: rial, hazardous waste, or marine pollut- Allen 57714 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 pre- scribed 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- closing that the boundaries of the de- [24 FR 11044, Dec. 30, 1959, as amended at 49 veloped site are designated on a map of FR 18450, Apr. 30, 1984] the site which will be available for in- spection in the office of the Super- § 7.27 Fort Jefferson National Monu- intendent. If not so posted, such sites ment. shall include all land within 1,000 feet (a) Fishing. No species of coral, shells, of any Federally owned buildings, shellfish, seafan, sponges, sea water and sewer systems, road loops, anemones or other forms of marine life and camp tables and fireplaces set at found in the waters of the Monument, designated camp sites. shall be taken or disturbed in any man- (b) Use of water. No works or water ner, except that fish, crawfish, and the system of any kind for the diversion, common species of conch, may be impoundment, appropriation, trans- taken in accordance with paragraphs mission, or other use of water shall be (a) (2) to (7) of this section. constructed on or across Monument (1) Protection of turtles. Sea turtles lands, including mining claims, with- and terrapins, turtle or terrapin nests
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and their eggs shall not be taken, dis- hook and line, and that possession is turbed or molested at any time. limited to one day’s supply. (2) Crawfish (Panulirus argus), Florida (ii) No bait shall be taken for the Lobster, Langouste. purpose of sale. (i) The limit of catch of crawfish (6) Closed waters: Marine life shall not shall be two per person per day, except be disturbed or taken from the moat or that the total for any one vessel having from waters within 500 feet of the moat more than 12 persons aboard shall not wall at Garden Key, or from the cove exceed 25 crawfish. bounded by Garden, Bush, and Long Keys north of the 5-foot channel, ex- (ii) The taking or catching of craw- cept that sport fishing in deep water fish for commercial purposes is prohib- channels and from any pier within that ited at all times. area is permitted. (3) Conch (Strombus gigas). (i) The (7) The use or possession of spears, taking of Conchs shall be limited to gigs, or grains, within the boundaries the species (Strombus gigas), which is of the National Monument, is prohib- also known as Queen Conch or Pink ited at all times. Conch, and the limit per person, per (b) Designated anchorage. All vessels day, is two Conch, except that the entering Tortugas Harbor in the vicin- total for any vessel having more than ity of Garden Key shall anchor only in 12 persons aboard shall not exceed the designated anchorage area of Bird twenty-five. Key Harbor southwest of Garden Key, (ii) The taking or catching of Conchs which is designated Anchorage Area for commercial purposes is prohibited 202.190 on U.S. Coast and Geodetic Sur- at all times. vey Chart No. 585, except that pas- (4) Commercial fishing or shrimping senger-carrying vessels and yachts car- or the taking of fish for the purpose of rying visitors to historic Fort Jeffer- sale is prohibited in the area of the Na- son may discharge passengers at the tional Monument described as follows: main docking area of Garden Key and may moor to the piers and anchor in Beginning at Pulaski Shoal Light at lati- the channel, harbor, or lagoons in the tude 24°41′36″ N., longitude 82°46′23″ W., thence on a straight line to a point at lati- vicinity of Garden Key for not more tude 24°38′00″ N., longitude 82°48′00″ W.; than an eight hour period between sun- thence on a straight line to buoy ‘‘N2’’ at rise and sunset by permission from the latitude 24°37′23″ N., longitude 82°49′48″ W.; Superintendent or his representative. thence in a straight line to a buoy ‘‘C1’’ at (c) Aircraft; designated landing areas. latitude 24°35′35″ N., longitude 82°52′19″ W.; Aircraft may be landed in the waters thence in a straight line to buoy ‘‘N8’’ at within a radius of 1 nautical mile of ° ′ ″ ° ′ ″ latitude 24 35 07 N., longitude 82 54 07 W.; the Fort situated at Garden Key, but thence in a straight line to a buoy ‘‘N2’’ at latitude 24°35′06″ N., longitude 82°55′53″ W.; approaches, landings, and takeoffs thence in a straight line to a buoy ‘‘N10’’ at shall not be made within 300 yards of latitude 24°36′39″ N., longitude 82°52′27″ W.; Bush Key. Seaplanes may be moored or thence in a straight line to a point at lati- brought up on land only on the beach tude 24°40′57″ N., longitude 82°54′16″ W.; north of the main pier at Garden Key. thence in a straight line to a point at lati- Helicopters may land at the helipads tude 24°41′50″ N., longitude 82°53′10″ W.; on the coaling docks. thence in a straight line to a point at lati- tude 24°42′22″ N., longitude 82°51′50″ W.; [25 FR 7102, July 27, 1960, as amended at 29 thence in a straight line to a point at lati- FR 6155, May 9, 1964; 33 FR 3227, Feb. 21, 1968] tude 24°42′53″ N., longitude 82°49′34″ W.; thence in a straight line to a point at lati- § 7.28 Olympic National Park. tude 24°42′44″ N., longitude 82°48′20″ W.; and (a) Fishing—(1) General Provisions. All thence in a straight line to the point of be- waters within Olympic National Park ginning at Pulaski Shoal Light. are open to fishing in conformance (5)(i) The taking of live bait in the with those seasons and limits published area described in paragraph (a)(4) of annually by the Washington State De- this section is prohibited, except that partment of Game and the Washington minnows or ‘‘pilchers’’ may be taken State Department of Fisheries applica- by sports fishermen by a cast net not ble in the same watershed in adjoining to exceed 12 feet in diameter, or by counties, except as provided for below.
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(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 wa- ing the general summer season to the ters within the Olympic National Park taking of two rainbow trout with a which have been adjudicated to be minimum six of 10 inches and max- usual and accustomed fishing places of imum size of 20 inches. an Indian tribe, having treaty-secured (2) Salmon Fishing. Salmon fishing is off-reservation fishing rights, are open permitted on the following park wa- to fishing by members of that tribe in ters, exclusive of tributaries, when ad- conformance with applicable tribal or jacent State waters are open: State regulations conforming to the or- Dickey River. ders of the United States District Hoh River below confluence of South Fork. Court. Kalaloch Creek. (ii) Identification cards and tags. Mem- Ozette River. bers of the tribes having treaty-secured Queets River below Tshletshy Creek. fishing rights shall carry identification Quillayute River. cards conforming to the requirements Quinault River below the bridge connecting prescribed by the United States Dis- North Fork and Graves Creek Roads. Salmon River. trict Court and issued either by the Bu- reau of Indian Affairs or the applicable Seasons and bag limits shall be estab- tribe when fishing in accordance with lished annually after consultation with the tribe’s reserved treaty fishing the State and any affected Indian tribe. right. Such persons shall produce said (3) Conservation waters. After con- card for inspection upon request of a sultation with the State and, where ap- National Park Service enforcement of- propriate, the concerned Indian tribe, ficer. A tribally issued identification the superintendent may, by local publi- tag shall be attached to any unat- cation and conspicuous posting of tended fishing gear in park waters. signs, alter the season and change (iii) Conservation closures and catch daily limits for spawning, conservation limits. The superintendent may close a or research purposes. stream or any portion thereof to Indian (4) Closed waters. That portion of the treaty fishing or limit the number of Morse Creek watershed within the park fish that may be taken when it is found (except Lake Angeles and P.J. Lake) either that it is: and that section of Kalaloch Creek (A) Reasonable and necessary for the which is used as domestic water supply conservation of a run as those terms (as posted) are closed to fishing. Fish- are used by the United States District ing from boats is prohibited on the Hoh Court to determine the permissible River upstream from the South Fork limitations on the exercise of Indian Hoh boat launch. treaty rights; or (5) Fishing gear. Fishing with a line, (B) Necessary to secure the proper al- gear or tackle having more than two location of harvest between Indian spinners, spoons, blades, flashers, or treaty fisheries and other fisheries as like attractions, or with more than one prescribed by the court.
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(iv) Catch reports. Indian fishermen (b) No person shall construct, rebuild shall furnish catch reports in such or alter any water supply or sewage form as the superintendent, after con- disposal system without a written per- sultation with the applicable tribe, mit issued by the Superintendent. The shall have prescribed. Superintendent will issue such permit (v) Prohibition of fish cultural activi- only after receipt of written notifica- ties. No fish cultural, planting, or prop- tion from the appropriate Federal, agation activity shall be undertaken in State, or county officer that the plans park waters without prior written per- for such system comply with the State mission of the superintendent. or county standards. There shall be no (vi) Applicability of other park regula- charge for such permits. Any person tions. Indian treaty fishing shall be in aggrieved by an action of the Super- conformity with National Park Service intendent with respect to any such per- general regulations in parts 1–6 of this mit or permit application may appeal chapter. in writing to the Director, National (b) Boating. All vessels are prohibited Park Service, U.S. Department of the on park waters except as provided Interior, Washington, DC 20240. below: (ii) Inspections. (a) The appropriate (1) Hand propelled vessels and sail- State or county officer, the Super- boats are permitted on park waters ex- intendent, or their authorized rep- cept the following: resentatives or an officer of the U.S. Dosewalips River. Public Health Service, may inspect any water supply or sewage disposal sys- (2) Motorboats are permitted on the tem, from time to time, in order to de- following waters: termine whether such system complies Lake Crescent. with the State and county standards: Lake Cushman. Provided, however, That inspection Lake Mills. shall be made only upon consent of the Dickey River in coastal strip. occupant of the premises or pursuant Hoh River in coastal strip. Quillayute River in coastal strip. to a warrant. Quinault River below the bridge connecting (b) Any water supply or sewage dis- North Fork and Graves Creek Roads. posal system may be inspected without (c) Dogs and cats. Dogs (except guide the consent of the occupant of the dogs) and cats are prohibited on any premises or a warrant if there is prob- park land or trail, except on designated able cause to believe that such system park roads and parking areas or within presents an immediate and severe dan- one-quarter mile of an established ger to the public health. automobile campground or conces- (iii) Defective systems. (a) If upon in- sioner overnight facility. spection, any water supply system or (d) [Reserved] sewage disposal system is found by the (e) Privately owned lands—(1) Water inspecting officer not to be in conform- supply and sewage disposal systems. The ance with applicable State and county provisions of this paragraph apply to standards, the Superintendent will the privately owned lands within send to the ostensible owner and/or the Olympic National Park. The provisions occupant of such property, by certified of this paragraph do not excuse compli- mail, a written notice specifying what ance by eating, drinking, or lodging es- steps must be taken to achieve compli- tablishments with § 5.10 of this chapter. ance. If after 1 year has elapsed from (i) Facilities. (a) Subject to the provi- the mailing of such written notice the sions of paragraph (e)(1)(iii) of this sec- deficiency has not been corrected, such tion, no person shall occupy any build- deficiency shall constitute a violation ing or structure, intended for human of this regulation and shall be the basis habitation or use, unless such building for court action for the vacation of the is served by water supply and sewage premises. disposal systems that comply with the (b) If upon inspection, any water sup- standards prescribed by the 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
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further that there is immediate and se- areas and on routes designated by the vere danger to the public health or the superintendent by the posting of appro- health of the occupants or users, the priate signs or by marking on a map Superintendent shall post appropriate available at the office of the super- notices at conspicuous places on such intendent, or both. The following premises, and thereafter, no person routes have been designated for snow- shall occupy or use the premises on mobile use within Olympic National which the system is located until the Park: Superintendent is satisfied that reme- (i) Staircase Road from the park dial measures have been taken that boundary to the Staircase Ranger Sta- will assure compliance of the system tion. with established State and county (ii) Whiskey Bend Road from the standards. function of the Elwha Road to the (2) State forest practice laws. Any per- Whiskey Bend trailhead. son, firm, or corporation harvesting or (iii) Boulder Creek Road from Glines cutting timber on privately owned Canyon Dam to the end of the road. lands within that portion of Olympic (iv) North Fork Quinault Road from National Park over which jurisdiction the end of the plowed portion to the has been ceded by the State of Wash- North Fork Ranger Station. ington to the United States of America (v) South Shore Road from the end of shall comply with the standards con- the plowed portion to the Graves Creek cerning forest practices established Ranger Station. from time to time by or pursuant to (2) [Reserved] the laws of the State of Washington which would apply to such operations [24 FR 11045, Dec. 30, 1959, as amended at 34 FR 5844, Mar. 28, 1969; 34 FR 6331, Apr. 10, if they were not being conducted in 1969; 35 FR 10359, June 25, 1970; 35 FR 14133, Olympic National Park and personnel Sept. 5, 1970; 46 FR 37896, July 23, 1981; 47 FR of the Park will consult and cooperate 54930, Dec. 7, 1982; 48 FR 1488, Jan. 13, 1983; 48 with State officials in the administra- FR 30295, June 30, 1983] tion of this regulation. Although forest practices standards established from § 7.29 Gateway National Recreation time to time by or pursuant to the Area. laws of the State of Washington shall (a) Operation of motor vehicles. The op- apply, no person, firm, or corporation eration of motor vehicles, other than harvesting timber, on such privately authorized emergency vehicles, is pro- owned lands shall be required to obtain hibited outside of established public permits or licenses from, or pay fees to, roads and parking areas, except on the State of Washington or its political beaches and oversand routes designated subdivisions in connection with the by the Superintendent by the posting harvesting or cutting of timber on such of appropriate signs and identified on lands. Prior to the initiation of har- maps available at the office of the Su- vesting or cutting of timber on pri- perintendent. These beaches and routes vately owned lands over which jurisdic- will be designated after consideration tion has been ceded to the United of the criteria contained in sections 3 States, such operations shall be reg- and 4 of E.O. 11644, (37 FR 2877) and istered with the Superintendent of § 4.10(b) of this chapter. Olympic National Park. (b) Off-road vehicle operation. (1) Oper- (3) Conflict with Federal laws. If the ation of motor vehicles, (including the standards established from time to various forms of vehicles used for trav- time by or pursuant to the laws of the el oversand, such as but not limited to, State of Washington, specified in para- ‘‘beach buggies’’) on beaches or on des- graphs (e) (1) and (2) of this section, are ignated oversand routes without a per- lower than or conflict with any estab- mit from the Superintendent is prohib- lished by Federal laws or regulations ited. Before a permit will be issued, applicable to privately owned lands each vehicle will be inspected to assure within Olympic National Park, the lat- that it contains the following equip- ter shall prevail. ment which must be carried in the ve- (f) Snowmobile use. (1) The use of hicle at all times while on the beaches snowmobiles is prohibited except in or on the designated oversand routes:
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(i) Shovel; Tower. The registrant is also required (ii) Jack; to sign in immediately upon comple- (iii) Tow rope or chain; tion of a climb in a manner specified (iv) Board or similar support; by the registering ranger. (v) Low pressure tire gauge. [42 FR 20462, Apr. 20, 1977] Prior to the issuance of such permits, operators must show compliance with § 7.31 Perry’s Victory and Inter- Federal and State regulations and ap- national Peace Memorial. plicable to licensing, registering, in- Snowmobiles. After consideration of specting, and insuring of such vehicles. existing special situations, i.e., depth Such permits shall be affixed to the ve- of snow, and depending on local weath- hicles as instructed at the time of er conditions, the superintendent may issuance. permit the use of snowmobiles on that (2) Driving off designated, marked portion of land situated between State oversand routes or beaches is prohib- Route 357 and the seawall which des- ited. ignates the north boundary of the Me- (3) Vehicles shall not be parked in morial. This route will extend from the designated oversand routes or interfere extreme northeast corner of the bound- with moving traffic. ary to the middle of the intersection of (4) When the process of freeing a ve- State Route 357 and Toledo Avenue. hicle which has been stuck results in ruts or holes, the ruts or holes shall be [47 FR 55392, Dec. 9, 1982] filled by the operator of such vehicle before it is removed from that area. § 7.32 Pictured Rocks National Lake- (5) The operation of a motorcycle on shore. an oversand vehicle route or beach is (a) Snowmobiles. (1) Snowmobile use is prohibited. permitted on designated portions of (6) The Superintendent may establish roadways and lakes in Pictured Rocks limits on the number of oversand vehi- National Lakeshore. The designated cles permitted on designated oversand routes for snowmobiles will be confined routes and beaches when such limita- to the frozen waters of Lake Superior, tions are necessary in the interest of Grand Sable Lake, on the major lake- public safety, protection of the ecologi- shore visitor use roads that are cal and environmental values of the unplowed, or on road shoulders of area, coordination with other visitor plowed park roads in conformance with uses. State law. The designated snowmobile (c) Public lewdness. Section 245.00 of routes are: the New York Penal Code is hereby (i) The Sand Point Road from the adopted and incorporated into the reg- park boundary to Lake Superior. ulations of this part. Section 245.00 pro- (ii) The woodlands road from the vides that: park boundary off City Limits Road A person is guilty of public lewdness when southwest to Becker Farm and down to he intentionally exposes the private and inti- the Sand Point Road. mate parts of his body in a lewd manner or (iii) The road to Miner’s Falls, Min- commits any other lewd act (a) in a public er’s Castle parking area, and the Min- place, or (b) in private premises under cir- er’s Beach parking area. cumstances in which he may readily be ob- (iv) The road from the park boundary served from either a public place or from other private premises, and with intent that in section 32, T48N, R17W, to the end of he be so observed. the road to Chapel Falls. (v) The road from Country Road H–58 [41 FR 19220, May 11, 1976, as amended at 44 FR 44157, July 27, 1979; 52 FR 10686, Apr. 2, at the park boundary to the Little Bea- 1987] ver Lake Campground. (vi) The road from County Road H–58 § 7.30 Devils Tower National Monu- to the Twelvemile Beach Campground. ment. (vii) The road from County Road H–58 (a) Climbing. Registration with a park to the Hurricane River Campground. ranger is required prior to any climb- (viii) The road from County road H–58 ing above the talus slopes on Devils to the Log Slide.
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(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 parkwide during the period of forcement agencies. April 1 through Labor Day. (b) Fishing. Unless otherwise des- [47 FR 54932, Dec. 7, 1982, as amended at 49 ignated, fishing in a manner authorized FR 18450, Apr. 30, 1984; 60 FR 47703, Sept. 14, under applicable State law is allowed. 1995] (c) Hunting. The following lakeshore § 7.33 Voyageurs National Park. areas are closed to hunting: (1) Sand Point area. All that portion (a) Fishing. Unless otherwise des- of Sand Point described as the area ignated, fishing in a manner authorized below the top of the bluff in Sections 19 under applicable State law is allowed. and 30, T47N, R18W, and that area situ- (b) Snowmobiles. (1) The following ated within the corporate limits of the lakes and trails within Voyageurs Na- City of Munising, including the Sand tional Park are open to snowmobile Point Road. use: (i) The frozen waters of Rainy, (2) Developed public use areas. (i) The Kabetogama, Namakan, Mukooda, Lit- area within 150 yards of any campsite tle Trout and Sand Point Lakes. located within the Little Beaver, (ii) The Moose River Railroad Grade Twelvemile Beach, and Hurricane from the park boundary north to Ash River Campgrounds. River, and then east to Moose Bay, (ii) The area within 150 yards of the Namakan Lake. Miners Castle overlooks, paved walk- (iii) The portage trail between Grassy ways and vehicle parking lot. Also 100 Bay and Little Trout Lake. feet from the centerline of the paved (iv) The Chain of Lakes Trail from its Miners Castle Road and the area within intersection with the Black Bay to 100 feet of Miners Falls parking lot, Moose Bay portage, across Locator, trail and associated platforms. War Club, Quill, Loiten, and Shoepack (iii) The area within 100 feet of: the Lakes, to Kabetogama Lake. Chapel Falls parking lot; the Little (2) Snowmobile use is allowed across Beaver backpacker parking lot; the the following marked safety portages: Twelvemile Beach picnic area parking Black Bay to Moose Bay, Lost Bay to lot; the Log Slide parking lot, plat- Saginaw Bay, Laurins Bay to Kettle forms and walkways; the Grand Sable Falls, Squirrel Narrows, Squaw Nar- Lake picnic area and parking lot; the rows, Grassy Bay, Namakan Narrows, Grand Sable Lake boat launch and Swansons Bay, Mukooda Lake to Sand parking lot; the Grand Sable Lake Point Lake (north), Mukooda Lake to overlook parking lot. Sand Point Lake (south), Mukooda (iv) The area within 150 yards of any Lake to Crane Lake, Tar Point, Kohler structure at the Au Sable Light Sta- Bay, and Sullivan Bay to Kabetogama tion, and within 100 feet of the trail be- Lake. tween the lower Hurricane River Camp- (3) The Superintendent may deter- ground and the light station. mine yearly opening and closing dates (v) The area within 150 yards of the for snowmobile use, and temporarily Sable Falls parking lot and building, close trails or lake surfaces, taking including the viewing platforms and as- into consideration public safety, wild- sociated walkway system to the mouth life management, weather, and park of Sable Creek. Also included is the management objectives.
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(4) Maps showing the designated (3) The following waters are subject routes are available at park head- to the restrictions indicated: quarters and at ranger stations. (i) North Carolina. Basin Creek and its (5) Snowmobile use outside open des- tributaries in Doughton Park; Trout ignated routes and lake surfaces is pro- Lake in Moses H. Cone Memorial Park; hibited. Ash Bear Pen Pond, Boone Fork River, (c) Aircraft. (1) Aircraft may be oper- Cold Prong Branch, Laurel Creek, Sims ated on the entire water surface and Creek, Sims Pond in Julian Price Me- frozen lake surface of the following morial Park, and Camp Creek. lakes, except as restricted in paragrah (A) On all of the above-designated (c)(4) of this section and § 2.17 of this waters in North Carolina the use of chapter: Rainy, Kabetogama, bait other than artificial lures having a Namakan, Sand Point, Locator, War single hook is prohibited, except that Club, Quill, Loiten, Shoepack, Little on Basin Creek and its tributaries and Trout and Mukooda. Boone Fork River from Price Lake (2) Approaches, landings and take- Dam downstream to the Parkway offs shall not be made within 500 feet of boundary the use of bait other than any developed facility, boat dock, single hook artificial flies is prohib- float, pier, ramp or beach. ited. (3) Aircraft may taxi to and from a (B) On all of the above-designated dock or ramp designated for their use waters in North Carolina the daily for the purpose of mooring and must be creel and size limits shall be posted operated with due care and regard for around the lake shorelines and along persons and property and in accordance the stream banks. with any posted signs or waterway (ii) Virginia. Peaks of Otter Lake in markers. Bedford County, Va. (4) Areas within the designated lakes (A) On the above-designated water in may be closed to aircraft use by the Virginia the use of bait other than ar- Superintendent taking into consider- tificial lures having one single hook is ation public safety, wildlife manage- prohibited. ment, weather and park management (B) On the above-designated water in objectives. Virginia the daily creel and size limits [49 FR 18450, Apr. 30, 1984, as amended at 56 shall be as posted on the lake shore- FR 3421, Jan. 30, 1991; 60 FR 39258, Aug. 2, line. 1995] (4) Prohibited bait in waters in para- graphs (b)(3) (i) and (ii) of this section: § 7.34 Blue Ridge Parkway. Possession of or use as bait of insects, (a) Snowmobiles. After consideration worms, and other similar organic bait of any special situations, i.e. or parts thereof adjacent to, on, or in prescheduled or planned park activities streams or lakes while in possession of such as conducted hikes or winter bird fishing tackle, is prohibited. and wildlife counts, and depending on (c) Powerless flight. The use of devices local weather conditions, the Super- designed to carry persons through the intendent may allow the use of snow- air in powerless flight is allowed at mobiles on the paved motor road and times and locations designated by the overlooks used by motor vehicle traffic superintendent, pursuant to the terms during other seasons between U.S. 220, and conditions of a permit. Milepost 121.4 and Adney Gap, Milepost (d) Boating. (1) The use of any vessel, 136.0. The public will be notified of as defined in § 3.1 of this chapter on the openings through the posting of signs. waters of the Blue Ridge Parkway is (b) Fishing. (1) Fishing is prohibited prohibited except on the waters of from one-half hour after sunset until Price Lake. one-half hour before sunrise. (2) Vessels using Price Lake shall be (2) Fishing from the dam at Price restricted to vessels propelled solely by Lake or from the footbridge in Price oars or paddles. Lake picnic area in Watauga County, (3) Vessels using Price Lake may be N.C., and from the James River Park- launched only at established or des- way Bridge in Bedford and Amherst ignated ramps and shall be removed Counties, Va., is prohibited. from the water for the night. Campers
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shall remove their vessels from the for bait: Bylew, First, Second, Pine, water to their campsites at night. Big Hollow, Buffalo, Ugly, Cub, Blow- ing Spring, Floating Mill Branch, Dry [24 FR 11032, Dec. 30, 1959, as amended at 34 FR 11969, July 16, 1969; 36 FR 20945, Nov. 2, Branch, and Mill Branch. 1971; 37 FR 20247, Sept. 28, 1972; 42 FR 61042, (ii) Seines shall not exceed 4 × 6 feet Dec. 1, 1977; 46 FR 39818, Aug. 5, 1981; 48 FR and the mesh shall not be larger than 30295, June 30, 1983; 49 FR 18450, Apr. 30, 1984; one-quarter inch. 52 FR 10686, Apr. 2, 1987; 52 FR 20388, June 1, (3) Live bait. (i) Worms are the only 1987] form of live bait which may be used in § 7.35 Buffalo National River. the Sloans Crossing Pond (also known as Beaver Pond), Green Pond, Doyle (a) Fishing. (1) Unless otherwise des- Pond, and First Creek Lake. Live min- ignated by the Superintendent, fishing nows and worms may be used in all in a manner authorized under applica- other waters. ble State law is allowed. (ii) [Reserved] (2) The Superintendent may des- ignate times when and locations where (b)(1) Cave entry. Except for those and establish conditions under which portions of the caves open to the gen- the digging of bait for personal use is eral public, no person shall enter any allowed. cave within the boundaries of the park (3) The Superintendent may des- without first obtaining a permit from ignate times when and locations where the Superintendent. Permits will be and establish conditions under which issued to persons who are qualified and the collection of terrestrial and aquat- experienced in cave exploration, who ic insects for bait for personal use is al- possess the needed equipment for safe lowed. entry and travel, and who are engaged (4) Violating a designation or condi- in scientific research projects which in tion established by the Superintendent the opinion of the Superintendent are is prohibited. compatible with the purpose for which (b) Frogs, Turtles and Crayfish. (1) The the park was established. Superintendent may designate times (2) Persons on guided cave tours must and locations and establish conditions stay on the established designated governing the taking of frogs, turtles trails and remain with the guides and and crayfish for personal use. tour group at all times. Exploration of (2) Violating a designation or condi- side passages, going ahead of the lead tion established by the Superintendent guide and tour group or dropping be- is prohibited. hind the following guide or tour group (c) Motorized Vessels. (1) Except for a is prohibited. vessel propelled by a gasoline, diesel or (3) Persons on ‘‘self-guided’’ or other internal combustion engine with ‘‘semi-guided’’ cave tours must stay in a rating of 10 horsepower or less, oper- the established, designated trails at all ating a motorized vessel from Erbie times. Exploration of side passages or Ford to the White River is prohibited. taking alternate routes is prohibited. (2) Operating a vessel propelled by a [36 FR 506, Jan. 14, 1971, as amended at 42 FR motor is prohibited above Erbie Ford. 31454, June 21, 1977; 48 FR 30295, June 30, 1983] (3) The provisions of paragraph (c) do not apply to a vessel operated for offi- § 7.37 Jean Lafitte National Historical cial use by an agency of the United Park. States, the State of Arkansas or one of (a) Fishing. (1) Unless otherwise des- its political subdivisions. ignated, fishing in a manner authorized [52 FR 19343, May 22, 1987] under applicable State law is allowed. (2) Within the Barataria Marsh unit, § 7.36 Mammoth Cave National Park. the superintendent may designate (a) Fishing—(1) General. Trot and times and locations and establish con- throw lines shall contain hooks which ditions governing the taking of cray- are spaced at least 30 inches apart. fish upon a written determination that (2) Seines. (i) The use of seines is per- the taking of crayfish: mitted only in the following runs and (i) Is consistent with the purposes for creeks to catch minnows and crawfish which the unit was established; and
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(ii) Will not be detrimental to other (3) That the study undertaken will park wildlife or the reproductive po- have demonstrable value to the Na- tential of the species to be taken; and tional Park Service in its management (iii) Will not have an adverse effect or understanding of park resources; on the ecosystem. and (3) Violation of established condi- (4) That the permit applicants are tions or designations for the taking of adequately experienced and equipped crayfish is prohibited. so as to insure that the objectives of paragraphs (a) (1), (2), and (3) of this [49 FR 18450, Apr. 30, 1984] section will be obtained. (b) Hiking is permitted only on trails § 7.38 Isle Royale National Park. designated for that purpose by the Su- (a) Aircraft, designated landing areas. perintendent by the posting of appro- (1) The portion of Tobin Harbor located priate signs or by marking on a map in the NE1⁄4 of sec. 4, T. 66 N., R. 33 W.; which shall be available for inspection the SE1⁄4 of sec. 33, T. 67N., R. 33 W., by the public at park headquarters and and the SW1⁄4 of sec. 34, T. 67 N., R. 33 other convenient locations within the W. park. Persons hiking on the Pictograph (2) The portion of Rock Harbor lo- Point or Spruce Canyon Trails must cated in the SE1⁄4 of sec. 13, the N1⁄2 of register in advance with the Super- sec. 24, T. 66 N., R. 34 W., and the W1⁄2 intendent. of sec. 18, T. 66 N., R. 33 W. (c) Commercial automobiles and buses. (3) The portion of Washington Harbor The prohibition against the admission located in the N1⁄2 of sec. 32, all of sec. of commercial automobiles and buses 29, SE1⁄4 of sec. 30, and the E1⁄2 of sec. to Mesa Verde National Park, con- 31, T. 64 N., R. 38 W. tained in § 5.4 of this chapter shall be (b) Underwater diving. No person shall subject to the following exceptions: undertake diving in the waters of Isle Motor vehicles operated on an infre- Royale National Park with the aid of quent and nonscheduled tour on which underwater breathing apparatus with- the visit to the park is an incident to out first registering with the Super- such tour, carrying only round trip 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 not to provide, in effect, a regular and FR 21777, Apr. 29, 1977] duplicating service conflicting with, or § 7.39 Mesa Verde National Park. in competition with, the services pro- vided for the public pursuant to con- (a) Visiting of cliff dwellings is pro- tract authorization with the Secretary. hibited except when persons are accom- 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 § 7.40 Hopewell Village National His- permits to persons engaged in sci- toric Site. entific investigations authorizing such 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 pro- [24 FR 11049, Dec. 30, 1959, as amended at 33 vided: FR 3227, Feb. 21, 1968] (1) That the investigation plan pro- posed, in purpose and in execution, is § 7.41 Big Bend National Park. compatible with the purposes for which (a) Fishing; closed waters. Special the park was established; ponds and springs reserved for species (2) That the investigation proposed of rare fish are closed to fishing and will not jeopardize the preservation of bait collecting. The taking or release park resources; of any form of fish life in these ponds
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or springs is prohibited except by spe- during the calendar year in which it is cial authorization by the Super- issued. intendent. These ponds and springs will [34 FR 5377, Mar. 19, 1969] be posted as closed to fishing and bait collecting and molestation. § 7.43 Natchez Trace Parkway. (b) Fishing; method. (1) Fishing with (a)—(b) [Reserved] pole and line, rod and reel, and trot and (c) Vehicles—(1) Trucks. Trucks over throw line is permitted all year from one ton rated capacity are not per- the United States side of the Rio mitted on the parkway. Trucks, not ex- Grande. ceeding one ton rated capacity, are per- (2) Use of seine. The use of seines and mitted to travel on the Natchez Trace nets is prohibited except minnow Parkway when used solely for trans- seines no greater than 20 feet in length portation of persons, their baggage, may be used for taking of minnows for camping equipment and related arti- bait. cles for recreational purposes only. (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 cluding agricultural implements, with FR 8616, Aug. 29, 1962; 52 FR 10686, Apr. 2, 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 such travel is authorized by the Super- (a) An American Indian desiring to intendent or when such travel is in quarry and work ‘‘catlinite’’ pipestone connection with the construction, op- shall first secure a permit from the Su- eration, or maintenance of the park- perintendent. The Superintendent shall way. issue a permit to any American Indian (4) Recreational vehicles. Recreational applicant, Provided, that: (1) In the vehicles, including but not limited to judgment of the Superintendent, the self-propelled mobile homes, campers, number of permittees then quarrying housetrailers, and vehicles up to 11⁄2 or working the pipestone is not so ton rated capacity, when such rec- large as to be inconsistent with preser- reational vehicles are used solely to vation of the deposit and (2) a suitable carry persons for recreational purposes area is available for conduct of the op- together with their baggage, camping eration. The permit shall be issued equipment, and related articles for va- without charge and shall be valid only cation or recreational purposes, are during the calendar year in which it is permitted on the parkway. issued. (5) Trailers. Trailers are permitted (b) An American Indian desiring to when used non-commercially to trans- sell handicraft products produced by port baggage, camping equipment, him, members of his family, or by horses for recreational riding, small other Indians under his supervision or boats and other similar items used for under contract to him, including vacation or recreational purposes, pro- pipestone articles, shall apply to the vided they meet the following criteria: Superintendent. The Superintendent (i) Utility type trailers must be en- shall grant the permit provided that (1) closed or covered and are not to exceed in his judgment the number of permit- 5 feet by 8 feet. tees selling handicraft products is not (ii) Trailers must be equipped with so large as to be inconsistent with the red taillights, red stoplights and me- enjoyment of visitors to the Pipestone chanical turn signals. Clearance lights National Monument and (2) a suitable are required on trailers over 6 feet area is available for conduct of the op- high. eration. The permit shall be issued (iii) Only one trailer of any type may without charge and shall be valid only be towed by any one vehicle along the
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parkway. The towing vehicle and trail- ‘‘the glades.’’ Operation of a motorized er must not exceed 55 feet in length. vessel in such areas is prohibited. (6) Buses. Commercial passenger car- (c) Definitions. The following defini- rying buses, when used for touring pur- tions shall apply to this section: poses, may travel the Natchez Trace (1) Ballyhoo means a member of the Parkway by obtaining special written genus Hemiramphus (family: permission in advance from the Super- Exocoetidae). intendent or his representative. School (2) Cast net means a type of circular buses may travel on the parkway with- falling net, weighted on its periphery, out such written permission when which is thrown and retrieved by hand. transporting people for special rec- (3) Commercial fishing means the ac- reational or educational purposes. tivity of taking or harvesting, or at- (7) Towed vehicles other than trailers. tempting to take or harvest any edible Such vehicles must be towed with a or non-edible form of fresh or salt rigid tow bar which does not require a water aquatic life for the purpose of driver for the towed vehicle. Tow bar sale or barter. must be equipped with safety chains (4) Dipnet means a hand-held device that are so connected to the towed and for obtaining bait, the netting of which towing vehicles and to the tow bar is fastened in a frame. that, if the tow bar fails, it will not (5) Guide fishing means the activity, drop to the ground and the chains shall of a person, partnership, firm, corpora- be of sufficient strength to prevent tion, or other commercial entity to breakaway of the towed vehicle in the provide fishing services, for hire, to event of such tow bar failure. The visitors of the park. towed vehicle must be equipped with (6) Minnow means a fish used for bait brakelights, taillights, and signal from the family Cyprinodointidae, lights in accordance with applicable Poeciliidae, or Atherinidae. State regulations. The towing vehicle (7) Mojarra or ‘‘goats’’ means a mem- and towed vehicle must not exceed 55 ber of the family Gerreidae. feet in length. (8) Oyster means a mollusk of the (d) Beer and alcoholic beverages. The suborder Ostraeaccea. possession of beer or any alcoholic bev- (9) Personal watercraft means a vessel erage in an open or unsealed container powered by an outboard motor, water- is prohibited, except in designated pic- jet or an enclosed propeller or impeller nic, lodging, residence, and camping system, where persons ride standing, areas. sitting or kneeling primarily on or be- [34 FR 9751, June 24, 1969, as amended at 39 hind the vessel, as opposed to standing FR 30833, Aug. 26, 1974; 48 FR 30295, June 30, or sitting inside; these craft are some- 1983; 52 FR 10686, Apr. 2, 1987] times referred to by, but not limited to, such terms as ‘‘wave runner,’’ ‘‘jet § 7.44 [Reserved] ski,’’ ‘‘wet bike,’’ or ‘‘Sea-doo.’’ (10) Pilchard means a member of the § 7.45 Everglades National Park. herring family (Clupeidae), generally (a) Information collection. The infor- used for bait. mation collection requirements con- (11) Pinfish means a member of the tained in this section have been ap- genus Lagodon (family: Spiradae). proved by the Office of Management (d) Fishing. (1) Fishing restrictions, and Budget under 44 U.S.C. 3501 et.seq., based on management objectives de- and assigned clearance number 1024– scribed 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
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may take place, methods of taking, and (i) Up to four (4) filets per person size, creel and possession limits. may be produced for immediate cook- (3) The following waters are closed to ing and consumption at designated fishing: campsites or on board vessels equipped (i) All waters of T. 58 S., R. 37 E., sec- with cooking facilities. tions 10 through 15, inclusive, meas- (ii) Fish may be fileted while at the ured from Tallahassee meridian and designated park fish cleaning facilities, 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 edi- tions 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. (i) Boats traveling through these pas- (5) Except for taking finfish, shrimp, sages with such nets, gear, fish, or bait, crabs, and oysters, as provided in other edible products of the sea must this section or as modified under 36 remain in transit unless disabled or CFR 1.5, the taking, possession, or dis- weather and sea conditions combine to turbance of any fresh or saltwater make safe passage impossible, at which aquatic life is prohibited. time the boats may be anchored to (6) Methods of taking. Except as pro- await assistance or better conditions. vided in this section, only a closely at- (ii) [Reserved] tended hook and line may be used for (e) Boating. (1) The Superintendent fishing activities within the park. 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
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Lake, Long Pine Key Lake, Tower erns under the guidance or supervision Lake, Hidden Lake, Pine Island, and L– of employees of the National Park 67 canal. Service, no person shall enter any cave (5) The following coastal waters, des- or undeveloped part or passage of any ignated by statute as wilderness (Pub. cave without a permit. L. 95–625), are closed to the use of mo- (2) Permits. The Superintendent may torized vessels: Mud, Bear, East Fox, issue written permits for cave entry Middle Fox, Little Fox, and Gator without escort only to persons engaged Lakes; Homestead Canal; all associated in scientific or educational investiga- small lakes on Cape Sable inland from tions. The Superintendent shall ap- Lake Ingraham; Cuthbert, Henry, Lit- prove issuance of a permit provided: tle Henry, Seven Palm, Middle, Mon- (i) That the investigation planned roe, Long, and the Lungs Lakes; Alli- will have demonstrable value to the gator Creek from the shoreline of Gar- National Park Service in its manage- field Bight to West Lake; all inland ment or understanding of park re- creeks and lakes north of Long Sound, sources, and Joe Bay, and Little Madeira Bay ex- (ii) That the permit applicant is ade- cept those ponds and lakes associated quately equipped and experienced so as with Taylor River. to ensure the protection and preserva- (6) Except to effect a rescue, or un- tion of park resources. less otherwise officially authorized, no (3) Solo exploration. Solo exploration person shall land on keys of Florida or investigation is not permitted in Bay except those marked by signs de- any cave or undeveloped part or pas- noting the area open, or on the main- sageway of any cave within the park. land shorelines from Terrapin Point [34 FR 8356, May 30, 1969, as amended at 41 eastward to U.S. Highway 1, including FR 24123, June 15, 1976; 48 FR 30295, June 30, the shores of all inland bays and waters 1983] and those shorelines contiguous with Long Sound, Little Blackwater Sound, § 7.48 Lake Mead National Recreation and Blackwater Sound. Area. (7) West Lake Pond and West Lake (a) Aircraft, designated airstrips. (1)(i) shall be closed to all vessels when they The entire water surface of Lakes Mead are being used by feeding birds. At all and Mohave are designated landing other times, these areas shall be open areas, except as restricted in § 2.17 of only to hand-propelled vessels or Class this chapter. A motorboats powered by motors not (ii) Aircraft may not be operated to exceed 6 horsepower. under power on those water surface (8) Launching, and or operating a areas designated as special anchorages, personal watercraft is prohibited in the including fairways, as defined in 33 park. CFR 110.127. (9) Vessels used as living quarters (2) Temple Bar landing strip, located shall not remain in or be operated in at approximate latitude 36°01′ N., ap- the waters of the Park for more than 14 proximate longitude 114°20′ W. days without a permit issued by the (3) Pearce Ferry landing strip, lo- Superintendent. Said permit will pre- cated at approximate latitude 30°04′37″ scribe anchorage location, length of N., approximate longitude 114°02′44″ W. stay, sanitary requirements and such (4) Cottonwood landing strip located other conditions as considered nec- at approximate latitude 35°29′ N., ap- essary. proximate longitude 114°40′ W. (f) Violation of any of the provisions (5) [Reserved] of § 7.45 is prohibited. (6) Echo Bay landing strip located at ° ′ [59 FR 58785, Nov. 15, 1994; 60 FR 6022, Feb. 1, approximate latitude 36 19 N., approxi- 1995] mate longitude 114°27′ W. (b) Powerless flight. The use of devices § 7.46 [Reserved] designed to carry persons through the air in powerless flight is allowed except § 7.47 Carlsbad Caverns National Park. in harbors, swim beaches, developed (a) Cave entry. (1) With the exception areas, and in other locations des- of the regular trips into Carlsbad Cav- ignated as closed to this activity.
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(c) Parking. Vehicles or boat trailers, aries of Curecanti National Recreation or vehicle/boat trailer combinations, Area provided: may be left unattended for periods up (1) That the operators and machines to 7 days, when parked in parking conform to the laws and regulations areas adjacent to designated boat governing the use of snowmobiles as launching sites, without written per- stated in this chapter and those appli- mission obtained in advance from the cable to snowmobile use promulgated superintendent. Any vehicle or boat by the State of Colorado where they trailer or vehicle/boat trailer combina- prove to be more stringent or restric- tion which is left in parking areas adja- tive than those of the Department of cent to designated boat launching sites the Interior. in excess of 7 days without written per- (2) That their use is confined to the mission obtained in advance from the frozen surface of Blue Mesa Lake, and superintendent may be impounded by designated access roads. A map of areas the superintendent. and routes open to snowmobile use will (d) Water sanitation. All vessels with be available in the office of the super- marine toilets so constructed as to per- intendent. mit wastes to be discharged directly (3) That for the purposes of this sec- into the water shall have such facili- tion, snowmobile gross weight will be ties sealed to prevent discharge. Chem- limited to a maximum of 1200 lbs. (ma- ical or other type marine toilets with chine and cargo) unless prior permis- approved holding tanks or storage con- sion is granted by the superintendent. tainers shall be permitted but will be discharged or emptied only at des- [49 FR 18451, Apr. 30, 1984, as amended at 49 ignated sanitary pumping stations. FR 34480, Aug. 31, 1984] (e) Fishing. Unless otherwise des- ignated, fishing in a manner authorized § 7.52 Cedar Breaks National Monu- ment. under applicable State law is allowed. (f) The Superintendent may exempt (a) Snowmobiles. (1) During periods motor vessels participating in a re- when snow depth prevents regular ve- gatta that has been authorized by per- hicular travel in the Monument, mit issued by the Superintendent from snowmobiling will be permitted on the the noise level limitations imposed by main Monument road and parking § 3.7 of this chapter. areas from the south boundary to the north boundary and on the Panguitch [32 FR 15751, Nov. 16, 1967, as amended at 34 FR 1950, Feb. 11, 1969; 34 FR 18857, Nov. 26, Lake road from its junction with the 1969; 36 FR 21881, Nov. 17, 1971; 38 FR 5245, main Monument road east to the east Feb. 27, 1973; 49 FR 18450, Apr. 30, 1984; 53 FR park boundary. In addition, the paved 29681, Aug. 8, 1988] walkway from the Visitor Center park- ing lot to the Point Supreme overlook § 7.49 [Reserved] is also open for snowmobile travel. (2) On roads designated for snow- § 7.50 Chickasaw Recreation Area. mobile use, only that portion of the (a) Fishing. Unless otherwise des- road or parking area intended for other ignated, fishing in a manner authorized motor vehicle use may be used by under applicable State law is allowed snowmobile. Such roadway is available on Arbuckle Reservoir and Veterans for snowmobile use only when the des- Lake. ignated road or parking area is closed [49 FR 18451, Apr. 30, 1984] by snow depth to all other motor vehi- cle use by the public. These routes will § 7.51 Curecanti Recreation Area. be marked by signs, snow poles, or (a) Hunting. Hunting is allowed at other appropriate means. times and locations designated as open The park Superintendent shall deter- for hunting. mine the opening and closing dates for (b) Trapping. Trapping is allowed at use of designated snowmobile routes times and locations designated as open each year. Routes will be open to snow- for trapping. mobile travel when they are considered (c) Snowmobiles. Snowmobiles are per- to be safe for travel but not necessarily mitted to operate within the bound- free of safety hazards.
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(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 Coulee Dam Recreation Area. when snow depth prevents regular ve- (a) Hunting. Hunting is allowed at hicular travel to the North Rim of the times and locations designated as open Monument, as determined by the su- for hunting. perintendent, snowmobiling will be (b) Aircraft. Float planes may be op- permitted on the graded, graveled erated on Lake Roosevelt on those wa- North Rim Drive and parking areas ters not administered by Indians as from the north monument boundary to part of the Indian Zone, i.e., mid-chan- North Rim Campground and also to the nel to the shore of the non-Indian side Turnaround. of the Lake. A map showing the waters (2) On roads designated for snow- where aircraft may be operated will be mobile use, only that portion of the available in the office of the super- road or parking area intended for other intendent. motor vehicle use may be used by snowmobiles. Such roadway is avail- [49 FR 18451, Apr. 30, 1984] able for snowmobile use only when there is sufficient snow cover and when § 7.56 Acadia National Park. these roads and parking areas are (a) Designated Snowmobile Routes. The closed to all other motor vehicle use by designated routes for snowmobile shall the public. These routes will be marked be: by signs, snow poles, or other appro- (1) Park Loop Road (except section priate means. Snowmobile use outside from Stanley Brook intersection north designated routes is prohibited. to the gate at Penobscot Mountain (b) [Reserved] Parking Area) and connecting roads as [49 FR 34478, Aug. 31, 1984] follows: Paradise Hill Road (Visitor Center to Junction Park Loop Road); § 7.54 Theodore Roosevelt National Stanley Brook Road; Ledgelawn Exten- Park. sion Road; Sieur de Monts (gate to (a) Snowmobiles. (1) Designated routes Loop Road); West Street; Cadillac open to snowmobile use are the por- Mountain Summit Road; entrance tions of the Little Missouri River roads to Wildwood Stable. which contain the main river channel (2) Portions of Carriage Paths as fol- as it passes through both units of Theo- lows: A section of Carriage Path 1.8 dore Roosevelt National Park. Ingress miles in length from the parking area and egress to and from the designated at the north end of Eagle Lake down route must be made from outside the the east side of the lake to connection boundaries of the park. There are no with Park Loop Road at Bubble Pond designated access points to the route Rest Area. A section of Carriage Path within the park. 0.6 miles in length from Wildwood Sta- (2) The superintendent shall deter- ble to connection with Park Loop Road mine the opening and closing dates for south of the entrance road to Penob- the use of designated snowmobile scot Mountain Parking Area. routes each year, taking into consider- (3) Hio Truck Road from Seawall ation snow, weather and river condi- Campground north to State Route 102. tions. He shall notify the public by (4) The paved camper access roads posting of appropriate signs at the within Seawall Campground.
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(5) Marshall Brook Truck Road from ner 205, thence in a straight line Seal Cove Road to Marshall Brook. N00°19′04″ E, 1136.41 ft., to property cor- (6) Seal Cove Road from Park Bound- ner 206, thence in a westerly direction ary in Southwest Harbor to State to property corner 181, thence in a Route 102 in Seal Cove. straight line S89°51′52″ W, 1434.80 ft. to (7) Western Mountain Road from property corner 182, thence in a Park Boundary west of Worcester straight line N75°53′25″ W, 4267.11 ft., to Landfill to Seal Cove Pond. property corner 183, thence in a (8) The two crossroads connecting straight line S76°16′20″ W, 3835.45 ft., to Western Mountain Road and Seal Cove property corner 184, thence in a west- Road. (9) Long Pond Truck Road including erly direction to property corner 189, ° ′ ″ Spur Road to Pine Hill. thence in a straight line S71 35 59 W, (10) Lurvey Spring Road from Junc- 2901.46 ft., to property corner 190, tion with Long Pond Road in South- thence in a straight line S78°24′18″ W, west Harbor to intersection with Echo 6506.70 ft. to the point of beginning as Lake Beach Road. shown on Bureau of Reclamation draw- (11) The Echo Lake Entrance Road ing number 662–525–1431 dated July 9, from State Route 102 to Echo Lake 1965, such Rosita Area comprising Beach Parking Area. about 1,500 acres. [48 FR 1195, Jan. 11, 1983] (b) Safety Helmets. The operator and each passenger of a motorcycle shall § 7.57 Lake Meredith Recreation Area. wear a safety helmet while riding on a (a) The operation of motor vehicles motorcycle in an off-road area des- within the Lake Meredith Recreation ignated in paragraph (a) of this section. Area is prohibited outside of estab- (c) Water sanitation. All vessels with lished public roads, parking areas, ex- marine toilets so constructed as to per- cept within the cutbanks of Blue mit wastes to be discharged directly Creek, comprising about 275 acres, and into the water shall have such facility except below the 3,000 ft. contour on sealed to prevent discharge. Chemical the following described lands, being or other type marine toilets with ap- known as the Rosita Area on the Cana- proved holding tanks or storage con- dian River flood plain: tainers shall be permitted but will be Beginning at property corner 191 at discharged or emptied only at des- coordinates 536,112.90N and 1,894,857.49E ignated sanitary pumping stations. thence in a straight line S05°14′47″ E, 3349.09 ft. to property corner 192, thence (d) Powerless flight. The use of devices in a straight line N85°03′12″ E, 6999.38 designed to carry persons through the ft., to property corner 193, thence in a air in powerless flight is allowed except straight line N58°29′53″ E, 3737.77 ft., to in locations designated as closed to property corner 194, thence in a this activity. The superintendent may straight line N51°20′25″ E, 1457.45 ft., to designate times and locations where property corner 195, thence in a such activity is allowed only under the straight line S74°40′44″ E, 4064.61 ft., to terms and conditions of a permit. property corner 196, thence in a (e) Fishing. Unless otherwise des- straight line N79°59′22″ E, 3118.40 ft. to ignated, fishing in a manner authorized property corner 197A, thence in a under applicable State law is allowed. northeasterly direction to property (f) Hunting. Hunting is allowed at corner 200, thence in a straight line times and locations designated as open ° ′ ″ N56 24 11 E, 1073.57 ft., to property cor- for hunting. ner 201, thence in a straight line (g) Trapping. Trapping is allowed at S80°04′22″ E, 2684.69 ft., to property cor- ner 202, thence in a straight line times and locations designated as open N69°21′31″ E, 2974.09 ft. to property cor- for trapping. ner 203, thence in a straight line [36 FR 14694, Aug. 10, 1971, as amended at 40 S37°59′16″ E, 1538.83 ft., to property cor- FR 762, Jan. 3, 1975; 48 FR 30295, June 30, 1983; ner 204, thence in a straight line 49 FR 18451, Apr. 30, 1984; 52 FR 10686, Apr. 2, N28°36′59″ E, 744.10 ft., to property cor- 1987]
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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 from the Seashore beaches. The permit furnish information regarding their will be issued on an annual basis com- take at the checking station on Bodie mencing on October 1st of each year. Island located near the north boundary (2) Commercial fishing permit required. of the hunting area. A commercial fishing permit is re- (15) Hunters and guides shall provide quired before engaging in commercial their own decoys and are required to fishing from the seashore beaches. leave the blind which they used in a (3) Permits. Commercial fishing per- clean, sanitary and undamaged condi- mits may be issued by the Super- tion. intendent or his authorized representa- (16) All hunters taking banded fowl tive limited to individuals meeting the shall turn in the bands at the check- following criteria of eligibility: out station. (i) A legal resident of an established (17) Details of this plan, interpreta- village. tions and further information regard- (ii) Possession of a valid North Caro- ing it will be published in local news- lina commercial fishing license or en- papers and issued in circular form free gagement in a joint commercial fishing to all interested persons. venture with a North Carolina com- (18) Access to blinds will be by des- mercial fishing licensee. ignated 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 in- ing laws. terest in the activity need not have a (b) Fishing—(1) Definitions. As used in permit. this part: (4) Revocation of permit. The Super- (i) Seashore. Cape Hatteras National intendent may revoke the commercial Seashore. fishing permit of any permittee who (ii) Permittee. A person authorized to ceases to meet the criteria of eligi- engage in commercial fishing from sea- bility set forth in paragraph (c)(3) of shore beaches. this section or who violates any Gen- (iii) Legal resident of an established vil- eral, Special, or other related regula- lage. An individual (excluding a cor- tion governing activities at the Sea- poration, partnership, or other artifi- shore. cial person) having domicile in one of (5) Beach sanitation and conservation the following Outer Banks villages re- of aquatic life. Notwithstanding any ferred to in section 1 of the Act of Au- General Regulation of the National gust 17, 1937 (50 Stat. 669): Park Service to the contrary, all fish- Corolla, Duck, Kitty Hawk, Kill Devil ermen, commercial and sport, landing Hills, Collington, Nags Head, Manteo, fish on the Seashore by any method Wanchese, Rodanthe, Waves, Salvo, Avon, and not using such fish because of size, Buxton, Frisco, Hatteras, Ocracoke. edible quality, or other reason, shall (iv) Commercial fishing. All operations immediately release and return such preparatory to, during, and subsequent fish alive in the waters from which to the taking of fish by any means if a taken. No dead fish or part thereof may primary purpose of the taking is to sell be left on any shore, beach, dock, pier, fish. fish cleaning table or thrown back into (v) Commercial fishing permit. Written the waters, but must be disposed of revocable authorization, issued by the only at points or places designated for Superintendent to an eligible indi- the disposal thereof or removed from vidual, to engage in commercial fishing the seashore area.
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(6) Sport-fishing Zone. A zone is estab- mobiles on the shoulder of the paved lished for the protection and enhance- motor road known as Parkside Drive ment of recreational sport-fishing com- between Main Street of West Branch, mencing at Beach Access Ramp No. 22 Iowa and Interstate Highway 80, which and continuing south and west along is used by motor vehicle traffic during the ocean shore, including Cape Point other seasons in conformance with (Cape Hatteras), to Beach Access Ramp State law. No. 30. Within this zone commercial fishing, as specified in the Act of Au- [47 FR 54933, Dec. 7, 1982] gust 17, 1937 (50 Stat. 669), is permitted, except between the hours of 12:01 a.m. § 7.61 Fort Caroline National Memo- on Saturday to 11:59 p.m. on Sunday rial. from October 1 through April 30, com- (a) Fishing. Fishing is prohibited mercial fishermen are not permitted to within the Memorial. haul seines or nets onto the beach within the Zone. [26 FR 3363, Apr. 20, 1961, as amended at 32 FR 16213, Nov. 28, 1967] [24 FR 11052, Dec. 30, 1959, as amended at 38 FR 33081, Nov. 30, 1973; 40 FR 4135, Jan. 28, § 7.62 Lake Chelan National Recre- 1975; 40 FR 56888, Dec. 5, 1975; 48 FR 30295, ation Area. June 30, 1983; 52 FR 10686, Apr. 2, 1987] (a) Snowmobiles. After consideration § 7.59 Grand Portage National Monu- of existing special situations, i.e., ment. depth of snow, and depending on local (a) Snowmobiles. After consideration weather conditions, the superintendent of existing special situations, i.e. depth may designate as open to the use of of snow, and depending on local weath- snowmobiles the following locations er conditions, the superintendent may within the Lake Chelan National permit the use of snowmobiles on the Recreation Area: following designated routes within the (1) All open areas, designated trails National Monument: and roadways on public land below the (1) The trail from County Road 73 1320-foot contour line within the (near the Grand Portage Trading Post) Stehekin Valley, except cross-country which moves across the Grand Portage ski trails and within the perimeter of to County Road 17 near the Catholic the Buckner Orchard. Snowmobile use Church. (2) The powerline right-of-way road on open public lands or designated from Country Road 73 which moves trails will be limited to permanent, across the Grand Portage Trail. year-round residents of the Stehekin (3) The logging road which moves Valley. across the Grand Portage Trail in NE (2) That portion of the Stehekin Val- 1⁄4, SE 1⁄4, Section 32, T64N, R6E. ley Road normally open to use by (4) Abandoned Highway 61 which motor vehicles from the 1320-foot con- moves across the Grand Portage Trail. tour line to the park boundary. (5) The logging road which moves (b) Aircraft. The following are des- across the Grand Portage Trail in SE ignated as locations where the oper- 1⁄4, NW 1⁄4, Section 25, T64N, R5E. ation of aircraft is allowed: (b) Fishing. Unless otherwise des- (1) The entire water surface of Lake ignated, fishing in a manner authorized Chelan. under applicable State law is allowed. (2) The Stehekin landing field, lo- [47 FR 45005, Oct. 13, 1982, as amended at 49 cated at approximate latitude 48°21′ N, FR 18451, Apr. 30, 1984] approximate longitude 120°43′ W. (c) Weapons. The following location is § 7.60 Herbert Hoover National His- toric Site. designated for target practice between the hours of sunrise and sunset, subject (a) Snowmobiles. After consideration to all applicable Federal, State, and of existing special situations, i.e., local laws: in the SE 1⁄4 of sec. 8, T. 33 depth of snow, and depending on local weather conditions, the Super- N., R. 17 E., WM, approximately 100 intendent may permit the use of snow- yards east of mile point 7 on the
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Stehekin Valley Road, a converted bor- September 8, 1960, which the National row pit. Park Service recognized as base lands appurtenant to grazing privileges in [49 FR 18451, Apr. 30, 1984, as amended at 49 FR 19652, May 9, 1984; 54 FR 48869, Nov. 28, the monument. Such interpretation ex- 1989] cludes mature children who, as of that date, were established in their own § 7.63 Dinosaur National Monument. households and were not directly de- (a) Commercial hauling. Ranchers and pendent upon the base lands and appur- stockmen owning, leasing or renting tenant grazing recognized by the Na- private lands, or holding grazing per- tional Park Service. mits issued by the Bureau of Land (iv) If title to base lands lying out- Management on designated grazing al- side the monument is conveyed, or lotments adjacent to the Artesia En- such base lands are leased to someone trance Road, Blue Mountain Road, and other than a member of the immediate Deerlodge Park Road, are authorized to family of the permittee as of Sep- use these roads for trucking or hauling tember 8, 1960, the grazing preference ranching and agricultural supplies and shall be recognized only for a period of materials, including livestock, for use twenty-five years from September 8, in normal ranching and stock growing 1960. operations. (v) If title to a portion or part of the (b) Stock grazing. (1) Privileges for the base land either outside or inside the grazing of domestic livestock based on monument is conveyed or such base authorized use of certain areas at the lands are leased, the new owner or les- time of approval of the act of Sep- see will take with the land so acquired tember 8, 1960 (74 Stat. 857, Pub. L. 86– or leased after September 8, 1960, such 729), shall continue in effect or shall be proportion of the entire grazing privi- renewed from time to time, except for leges as the grazing capacity in animal failure to comply with such terms and unit months of the tract conveyed or conditions as may be prescribed by the leased bears to the original area to Superintendent in these regulations which a grazing privilege was appur- and after reasonable notice of default tenant and recognized. Conveyance or and subject to the following provisions lease of all such base lands will auto- of tenure: matically convey all grazing privileges (i) Grazing privileges appurtenant to appurtenant thereto. privately owned lands located within (vi) Grazing privileges which are ap- the Monument shall not be withdrawn purtenant to base lands located either until title to the lands to which such inside or outside the monument as of privileges are appurtenant shall have September 8, 1960, shall not be con- vested in the United States except for veyed separately therefrom. failure to comply with the regulations (2) Where no reasonable ingress or applicable thereto after reasonable no- egress is available to permittees or tice of default. nonpermittees who must cross monu- (ii) Grazing privileges appurtenant to ment lands to reach grazing allotments privately owned lands located outside or non-Federal lands within the exte- the Monument shall not be withdrawn rior boundary of the monument or ad- for a period of twenty-five years after jacent thereto, the Superintendent will September 8, 1960, and thereafter shall grant, upon request, a temporary continue during the lifetime of the nonfee annual permit to herd stock on original permittee and his heirs if they a designated driveway which shall were members of his immediate family specify the time to be consumed in as described herein except for failure to each single drive. comply with the regulations applicable (3) After September 8, 1960, no in- thereto after reasonable notice of de- crease in the number of animal unit fault. months will be allowed on Federal (iii) Members of the immediate fam- lands in the monument. ily are those persons who are related to (4)(i) A permittee whose privileges and directly dependent upon a person are appurtenant to base lands either or persons, living on or conducting inside or outside the monument may be grazing operations from lands, as of granted total nonuse on a year to year
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basis not to exceed three consecutive livestock on the allotment for such a years. Total nonuse beyond this time period as may be determined by the Su- may be granted if necessitated for rea- perintendent as necessary to avoid sons clearly outside the control of the damage to the range. All, or a portion permittee. Total unauthorized nonuse of the livestock shall be removed from beyond three consecutive years will re- the area before the expiration of the sult in the termination and loss of all designated grazing season if the Super- grazing privileges. intendent determines further grazing (ii) Whenever partial or total non-use would be detrimental to the range. The is desired an application must be made number of stock and the grazing period in writing to the Superintendent. may be adjusted by the Superintendent (5) Grazing fees shall be the same as at any time when such action is those approved for the Bureau of Land deemed necessary for the protection of Management and will be adjusted ac- the range. cordingly. (vi) No permit shall be issued or re- (6) Permittees or nonpermittees who newed until payment of all fees and have stock on Federal lands within the other amounts due the National Park monument at any time or place, when Service has been made. Fees for per- or where herding or grazing is unau- mits are due the National Park Service thorized may be assessed fifty cents per and must be paid at least 15 days in ad- day per cow or horse and ten cents per vance of the grazing period. No permit day per sheep as damages. shall be effective to authorize grazing (7) The Superintendent may accept a use thereunder until all fees and other written relinquishment or waiver of amounts due the National Park Service any privileges; however, no such relin- have been paid. A pro rata adjustment quishment or waiver will be effective of fees will be made in the event of re- without the written consent of the duction of grazing privileges granted in owner or owners of the base lands. the permit, except that not more than (8) Permits. Terms and conditions. 50 percent of the total annual grazing The issuance and continued effective- fee will be refunded in the event re- ness of all permits will be subject, in duced grazing benefits are taken at the addition to mandatory provisions re- election of the permittee after his quired by Executive Order or law, to stock are on the range. the following terms and conditions: (i) The permittee and his employees (vii) No building or other structure shall use all possible care in preventing shall be erected nor shall physical im- forest and range fires, and shall assist provements of any kind be established in the extinguishing of forest and range under the permit except upon plans and fires on, or within, the vicinity of the specifications approved by the Na- land described in the permit, as well as tional Park Service. Any such facili- in the preservation of good order with- ties, structures, or buildings may be re- in the boundaries of the Monument. moved or disposed of to a successor (ii) The Superintendent may require permittee within three months fol- the permittee before driving livestock lowing the termination of the permit; to or from the grazing allotment to otherwise they shall become the prop- gather his livestock at a designated erty of the United States without com- time and place for the purpose of pensation therefor. counting the same. (viii) The permittee shall utilize the (iii) Stock will be allowed to graze lands covered by the permit in a man- only on the allotment designated in ner approved and directed by the Su- the permit. perintendent which will prevent soil (iv) The permittee shall file with the erosion thereon and on lands adjoining Superintendent a copy of his stock same. brand or other mark. (ix) The right is reserved to adjust (v) The permittee shall, upon notice the fees specified in the permit at any from the Superintendent that the al- time to conform with the fees approved lotment designated in the permit is not for the Bureau of Land Management, ready to be grazed at the beginning of and the permittee shall be furnished a the designated grazing season, place no notice of any change of fees.
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(x) All livestock are considered as § 7.64 Petersburg National Battlefield. mature animals at 6 months of age and (a) Alcoholic beverages. The possession are so counted in determining animal or drinking of alcoholic beverages in unit months and numbers of animals. any public place or in any motor vehi- (xi) The Superintendent may pre- cle is prohibited, except with the writ- scribe additional terms and conditions ten permission of the Superintendent. to meet individual cases. (b) Maintenance of vehicles. Washing, (9) The breach of any of the terms or cleaning, waxing, or lubricating motor conditions of the permit shall be vehicles or repairing or performing any grounds for termination, suspension, or mechanical work upon motor vehicles, reduction of grazing privileges. except in emergencies, in any public (10) Appeals from the decision of the place is prohibited. Superintendent to the Regional Direc- (c) Definition. As used in paragraphs tor, and from the Regional Director to (a) and (b) of this section, the term the Director shall be made in accord- ‘‘public place’’ shall mean any place, ance with National Park Service Order building, road, picnic area, parking No. 14, as amended (19 FR 8824) and Re- space, or other portion of Petersburg gional Director, Order No. 3, as amend- National Battlefield to which the pub- ed (21 FR 1494). lic has access. (11) Nothing in these regulations shall be construed as to prevent the en- [41 FR 40107, Sept. 17, 1976] forcement of the provisions of the Gen- eral Rules and Regulations and the § 7.65 Assateague Island National Sea- Special Rules and Regulations of the shore. National Park Service or of any other (a) Hunting. (1) Hunting, except with provisions of said rules and regulations a shotgun, bow and arrow, or by fal- applicable to stock grazing. conry is prohibited. Hunting with a (c) Snowmobiles. (1) Designated routes shotgun, bow and arrow, or by means of which will be open to smowmobile use falconry is permitted in accordance are approximately 20 miles of the Harp- with State law and Federal regulations ers Corner Road in Colorado and ap- in designated hunting areas. proximately 2 miles of the Cub Creek (2) Hunting, or taking of a raptor for Road in Utah. The Harpers Corner any purpose is prohibited except as Road section extends from the Plug provided for by permit in § 2.5 of this Hat Overlook to the Echo Park Road chapter. Turnoff. The Cub Creek Road section (3) A hunter shall not enter upon extends from the Chew Ranch Road, 1 Service-owned lands where a previous mile north of the Green River Bridge, owner has retained use for hunting pur- to the point where the Cub Creek Road poses, without written permission of leaves the southern boundary of the such previous owner. monument. (4) Waterfowl shall be hunted only (2) On roads designated for snow- from numbered Service-owned blinds mobile use, only that portion of the except in areas with retained hunting road or parking area intended for other rights; and no firearm shall be dis- motor vehicle use may be used by charged at waterfowl from outside of a snowmobiles. Such roadway is avail- blind unless the hunter is attempting able for snowmobile use only when to retrieve downed or crippled fowl. there is sufficient snow cover and when (5) Waterfowl hunting blinds in pub- these roads are closed to all other lic hunting areas shall be operated motor vehicle use by the public. within two plans: (3) Snowmobile use outside des- (i) First-come, first-served. ignated routes is prohibited. The super- (ii) Advance written reservation. intendent shall determine the opening The superintendent shall determine the and closing dates for use of the des- number and location of first-come, ignated snowmobile routes each year. first-served and/or advance reservation [27 FR 2150, Mar. 16, 1962, as amended at 27 blinds. FR 3659, Apr. 18, 1962; 34 FR 7330, May 6, 1969; (6) In order to retain occupancy 49 FR 34481, Aug. 31, 1984; 60 FR 55791, Nov. 3, rights, the hunter must remain in or 1995] near the blind except for the purpose of
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retrieving waterfowl. The leaving of designated and marked as a dunes decoys or equipment for the purpose of crossing. holding occupancy is prohibited. (2) Oversand permits. No oversand ve- (7) Hunters shall not enter the public hicle, other than an authorized emer- waterfowl hunting area more than 1 gency vehicle, shall be operated on a hour before legal shooting time and beach or designated oversand route in shall be out of the hunting area within the park area except under an oversand 45 minutes after close of legal shooting permit issued by the Superintendent. time. The blind shall be left in a clean (i) The Superintendent is authorized and sanitary condition. to establish a system of special recre- (8) Hunters using Service-owned ation permits for oversand vehicles and shore blinds shall enter and leave the to establish special recreation permit public hunting area via designated fees for these permits, consistent with routes from the island. the conditions and criteria of 36 CFR (9) Prior to entering and after leaving part 71. a public hunting blind, all hunters (ii) No permit will be issued for a ve- shall check in at the registration box hicle: located on the trail to the blind he is (A) Which is not equipped to travel or has been using. over sand and which does not contain (10) Parties in blinds are limited to the following equipment to be carried two hunters and two guns unless other- at all times when traveling on a beach wise posted at the registratrion box for or designated oversand route in the the blinds. park: shovel, jack, tow rope or chain, (11) The hunting of upland game shall board or similar support for the jack, not be conducted within 300 yards of and low pressure tire gauge; any waterfowl hunting blind during (B) Which does not conform to appli- waterfowl season. cable State laws having to do with li- censing, registering, inspecting, and in- (12) Hunting on seashore lands and suring of such vehicles; waters, except as designated pursuant (C) Which fails to comply with provi- to § 1.5 and § 1.7, is prohibited. sions of § 4.10; and (b) Operation of oversand vehicles—(1) (D) Which does not meet the fol- Definitions. In addition to the defini- lowing standards: On four-wheel-drive tions found in § 1.4 of this chapter, the vehicles and trailers towed by any ve- following terms or phrases, when used hicle: in this section, have the meanings hereinafter respectively ascribed to Per unit them. Maximum vehicle length ...... 26 ft. (i) Oversand vehicle. Any motorized Maximum vehicle width ...... 8 ft. vehicle which is capable of traveling Minimum vehicle ground clearance ...... 7 in. over sand including—but not limited Gross vehicle weight rating may not exceed ...... 10,000 lb. Maximum number of axles ...... 2 to—over-the-road vehicles such as Maximum number of wheels (per axle) ...... beachbuggies, four-wheel-drive vehi- cles, pickup trucks, and standard auto- On two-wheel-drive vehicles, in addi- mobiles. tion to the six items listed imme- (ii) Self-Contained vehicle. Any towed diately above: Minimum width of tire or self-propelled camping vehicle that tread contact on sand, 8 in. each wheel. is equipped with a toilet and a perma- Tires with regular mud/snow grip nently installed, waste, storage tank tread, not acceptable. Provided, That capable of holding a minimum of 2 days the Superintendent may issue a single volume of material. trip permit for a vehicle of greater (iii) Primary dune. Barriers or mounds weight or length when such use is not of sand which are either naturally cre- inconsistent with the purposes of the ated or artificially established bayward regulations. of the beach berm which absorb or dis- (iii) Before issuing a permit, the Su- sipate the wave energy of high tides perintendent may check the vehicle to and coastal storms. determine whether it complies with the (iv) Dunes crossing. A maintained ve- requirements of paragraphs (b)(2)(ii) hicle accessway over a primary dune (A) through (D) of this section.
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(iv) Oversand permits are not trans- (ii) Oversand vehicles shall not be ferable and shall be carried by the op- parked so as to interfere with the flow erator of the vehicle for which it has of traffic on designated oversand been issued while traveling in the park. routes. Such vehicles may not park It shall be displayed as directed by the overnight on a beach seaward of the Superintendent at the time of issuance. primary dune unless one member of the (3) Authorized and prohibited travel. (i) party is actively engaged in fishing at Except as otherwise provided in this all times. Towed travel trailers used as section and in applicable sections of self-contained vehicles in the off-road parts 2 and 4 of this chapter, travel by portion of the park area may not be oversand vehicles is permitted south of parked on a beach seaward of the pri- Assateague State Park, daily through- mary dunes. out the year at any time, on a des- (iii) Upon approaching or passing ignated oversand route bayward of the within 100 feet of a person on foot, the primary dune and on designated por- operator of an oversand vehicle shall tions of a beach seaward of the primary reduce speed to 15 miles per hour. dune. Speed at other times on any designated (ii) Travel by motorcycles is per- oversand route shall not exceed 25 mitted only on public highways and miles per hour. parking areas within the park area. (iv) When two vehicles approach from (iii)(A) Travel by self-contained vehi- opposite directions in the same track, cles is permitted under paragraph both operators shall reduce speed; and (b)(3)(i) of this section provided that no the operator with the ocean on his overnight parking is allowed on a right shall pull out of the track to beach seaward of the primary dunes at allow the other vehicle to pass. any time. (v) Passengers shall not ride on the (B) South of Assateague State Park fenders, hood, roof, or tailgate, or in such vehicles may use designated self- any other position outside of a moving contained areas bayward of the pri- oversand vehicle; and such vehicles mary dunes for overnight parking. Ex- shall not be used to tow a person on cept, That towed travel trailers may any recreational device over the sand travel no farther south than the north- or in the air or water of the park area. ern limits of the Big Fox Levels. (vi) During an emergency, the Super- (iv) Travel by oversand vehicles, intendent may close the park; or he other than authorized emergency vehi- may suspend for such period as he shall cles, is prohibited on the following por- deem advisable any or all of the fore- tions of the park area subject, however, going regulations in the interest of to existing rights of ingress and egress. public safety; and he may announce (A) Between the Assateague State such closure or suspension by whatever Park and the Ocean City Inlet. means are available. (B) On the beach seaward of the pri- mary dune within designated portions [35 FR 45, Jan. 3, 1970, as amended at 39 FR of the North Beach public use complex. 31633, Aug. 30, 1974; 41 FR 15008, Apr. 9, 1976; (C) Provided, however, That the Su- 48 FR 30295, June 30, 1983; 52 FR 10686, Apr. 2, perintendent may establish times when 1986] oversand vehicles may use a portion of § 7.66 North Cascades National Park. the beach in a public use complex by posting appropriate signs or marking (a) Bait for fishing. The use of nonpre- on a map available at the office of the served fish eggs is permitted. Superintendent—or both. (b) Snowmobiles. After consideration (4) Rules of the road. (i) Oversand ve- of existing special situations, i.e., hicles shall be operated only in estab- depth of snow, and depending on local lished tracks on designated portions of weather conditions, the superintendent the park area. No such vehicles shall be may designate as open to the use of operated on any portion of a dune ex- snowmobiles the following locations cept at posted crossings nor shall such within the National Park: vehicles be driven so as to cut circles (1) The Cascade River Road between or otherwise needlessly deface the the park boundary and the Cascade sand. Pass Trailhead parking area.
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(2) The Stehekin Valley Road be- (i) Will use an oversand vehicle (see tween the park boundary and Cotton- paragraphs (a)(6) and (a)(7) of this sec- wood Camp. tion for details); (ii) Will use an oversand vehicle to [34 FR 11545, July 12, 1969, as amended at 49 camp (see paragraph (a)(8) of this sec- FR 19652, May 9, 1984] tion for details); or (iii) Are a commercial operator (see § 7.67 Cape Cod National Seashore. paragraph (a)(9) of this section for de- (a) Off-road operation of motor vehi- tails). cles. (2) Where and when can I operate my (1) What do I need to do to operate a ve- vehicle off road? You may operate a ve- hicle off road? To operate a vehicle off hicle off road only under the conditions road at Cape Cod National Seashore, specified in the following table. How- you must meet the requirements in ever, the Superintendent may close paragraphs (b) through (e) of this sec- any access or oversand route at any tion. You also must obtain a special time for weather, impassable condi- permit if you: tions due to changing beach conditions, or to protect resources.
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 cir- cumstances 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 appro- priate 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- (ii) On an inland oversand route, you ignated route? Boat trailering and must drive only in a lane designated by launching by a permitted vehicle from pairs of delineator posts showing the a designated open route corridor is per- sides of the route. mitted. (iii) An oversand route is closed at (4) What travel restrictions and special any time that tides, nesting birds, or rules must I obey? You must comply surface configuration prevent vehicle with all applicable provisions of this travel within the designated corridor. chapter, including part 4, as well as the (iv) When two vehicles meet on the specific provisions of this section. beach, the operator of the vehicle with (i) On the beach, you must drive in a the water on the left must yield, except corridor extending from a point 10 feet that self-contained vehicles always seaward of the spring high tide drift have the right of way. line to the berm crest. You may drive (v) When two vehicles meet on a sin- below the berm crest only to pass a gle-lane oversand route, the operator of temporary cut in the beach, and you the vehicle in the best position to yield must regain the crest immediately fol- must pull out of the track only so far lowing the cut. Delineator posts mark as necessary to allow the other vehicle the landward side of the corridor in to pass safely, and then must back into critical areas. the established track before resuming the original direction of travel.
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(vi) If you make a rut or hole while (A) Demonstrate that your vehicle is freeing a stuck vehicle, you must fill equipped as required in paragraph (a)(6) the rut or hole before you remove the of this section; vehicle from the immediate area. (B) Provide evidence that you have (5) What activities are prohibited? The complied with all Federal and State li- following are prohibited: censing registering, inspecting and in- (i) Driving off a designated oversand surance regulations; and route. (C) View an oversand vehicle oper- (ii) Exceeding a speed of 15 miles per ation educational program and ensure hour unless posted otherwise. that all other potential operators view (iii) Parking a vehicle in an oversand the same program. route so as to obstruct traffic. (iii) The Superintendent will affix (iv) Riding on a fender, tailgate, roof, the permit to your vehicle at the time door or any other location on the out- of issuance. side of a vehicle. (iv) You must not transfer your (v) Driving a vehicle across a des- oversand permit from one vehicle to ignated swimming beach at any time another. when it is posted with a sign prohib- (8) What requirements must I meet to iting vehicles. operate an oversand vehicle in the off sea- (vi) Operating a motorcycle on an son? oversand route. To operate an oversand vehicle be- (6) What special equipment must I have tween November 16 and April 14, you in my vehicle? You must have in your must obtain from the Superintendent vehicle all the equipment required by an oversand permit and a limited ac- the Superintendent, including: cess pass. We will issue you a limited access pass if you have a valid oversand (i) Shovel; permit (see paragraph (a)(7) of this sec- (ii) Tow rope, chain, cable or other tion) and if you have viewed an edu- similar towing device; cational program that outlines the spe- (iii) Jack; cial aspects of off season oversand use. (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
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has a self-contained water or chemical sistent with 36 CFR 1.5 and 1.7 and all toilet and a permanently installed applicable Executive Orders; holding tank with a minimum capacity (iii) The Superintendent will consult of 3 days waste material. There are two with the Cape Cod National Seashore designated areas with a maximum Advisory Commission regarding man- combined capacity of 100 vehicles. agement of the off-road vehicle pro- (A) You must drive the self-contained gram. vehicle off the beach to empty holding (iv) The Superintendent will recog- tanks at a dumping station at intervals nize and use volunteers to provide edu- of no more than 72 hours. cation, inventorying, monitoring, field (B) Before returning to the beach, support, and other activities involving you must notify the Oversand Station off-road vehicle use. The Super- as specified by the Superintendent. intendent will do this in accordance (iii) You must not drive a self-con- with 16 U.S.C. 18 g–j. tained vehicle outside the limits of a (v) The Superintendent will report designated camping area except when annually to the Secretary of the Inte- entering or leaving the beach by the rior and to the public the results of the most direct authorized route. monitoring conducted under this sec- (iv) You are limited to a maximum of tion, subject to availability of funding. 21 days camping on the beach from (12) What are the penalties for violating July 1 through Labor Day. the provisions of this section? Violation (10) What special requirements must I of a term or condition of an oversand meet if I have a commercial vehicle? permit issued in accordance with this (i) To operate a passenger vehicle for section is prohibited. A violation may hire on a designated oversand route, also result in the suspension or revoca- you must obtain a permit from the Su- tion of the permit. perintendent. The Superintendent (13) Has OMB approved the collection issues the permit under the authority of information in this section? As re- of 36 CFR 1.6, 4.10 and 5.6. quired by 44 U.S.C. 3501 et seq., the Of- fice of Management and Budget has ap- (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? landed only on federally controlled (i) The Superintendent will issue no coastal water in accordance with Fed- more than a combined total of 3400 eral, State, and local laws and regula- oversand permits annually, including tions. self-contained 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 re- (d) Shellfishing. Shellfishing, by per- sources in designated corridors. If the mit from the appropriate town, is per- Superintendent finds that resource mitted in accordance with applicable degradation or visitor impact is occur- Federal, State, and local laws. ring, he/she may amend, rescind, limit (e) Public nudity. Public nudity, in- the use of, or close designated routes. cluding public nude bathing, by any The Superintendent will do this con- person on Federal land or water within
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the boundaries of Cape Cod National § 7.69 Ross Lake National Recreation Seashore is prohibited. Public nudity is Area. a person’s intentional failure to cover (a) Snowmobiles. After consideration with a fully opaque covering that per- of existing special situations, i.e., son’s own genitals, pubic areas, rectal depth of snow, and depending on local area, or female breast below a point weather conditions, and subject to any immediately above the top of the are- and all restrictions or prohibitions fur- ola when in a public place. Public place ther imposed by the State of Wash- is any area of Federal land or water ington on Highway 20, the super- within the Seashore, except the en- intendent may designate as open to the closed portions of bathhouses, rest- use of snowmobiles the following loca- rooms, public showers, or other public tions within the Ross Lake National structures designed for similar pur- Recreation Area: poses or private structures permitted (1) State Highway 20, that portion within the Seashore, such as trailers or normally closed to motor vehicles dur- tents. This regulation shall not apply ing the winter season. to a person under 10 years of age. (2) The Hozomeen entrance road from (f) Hunting. (1) Hunting is allowed at the U.S./Canadian border to the end of times and locations designated as open the road at East Landing. for hunting. (3) Access and circulatory roads in the Hozomeen developed area normally (2) Only deer, upland game, and mi- open to public motor vehicle use. gratory waterfowl may be hunted. (4) The Thornton Lake Road from (3) Hunting is prohibited from March State Highway 20 to Thornton Lake 1 through August 31 of each year. 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] Park boundary. (6) The Newhalem Creek Road from § 7.68 Russell Cave National Monu- State Highway 20 to its junction with ment. the down-river road on the south side (a) Caves—(1) Closed Areas. Entering, of the Skagit River. exploring, or remaining within any (7) The down-river road on the south cave area other than the public archeo- side of the Skagit River from its junc- logical exhibit without prior written tion with the Newhalem Creek Road to permission of the Superintendent is the end of the road across the Skagit prohibited. River from the mouth of Sky Creek. (2) Permits. Permits for entry into (b) Aircraft. The operation of aircraft other than public exhibit areas of the is allowed on the entire water surface 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 such as lighting equipment, protective prohibited. headwear, and appropriate shoes or (c) Weapons. The following location is boots. Other reasonable administrative designated for target practice between requirements may be imposed by the the hours of sunrise and sunset, subject Superintendent provided reasonable to all applicable Federal, State, and notice of these requirements is given to local laws: in the SE 1⁄4 of sec. 19, and the applicant. the NE 1⁄4 of sec. 30, T. 37 N., R. 12 E., (3) Solo Exploration. Solo exploration WM, approximately 200 yards north- is not permitted in the caves other west of State Route 20 near mile mark- than in the public archeological ex- er 119, the area known as the hibit areas. Newhalem rifle range. [35 FR 7557, May 15, 1970] [49 FR 19652, May 9, 1984 as amended at 50 FR 51856, Dec. 20, 1985; 54 FR 48869, Nov. 28, 1989]
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§ 7.70 Glen Canyon National Recre- or portaging near rough water. One ation Area. extra preserver must be carried on each (a) Designated airstrips. (1) Wahweap, vessel for each ten (10) passengers. latitude 36°59′45″ N., longitude 111°30′45″ (3) No person shall conduct, lead or W. guide a river trip through Glen Canyon (2) Bullfrog, latitude 37°33′00″ N., lon- Recreation Area unless such person gitude 110°42′45″ W. possesses a permit issued by the Super- (3) Halls Crossing, latitude 37°28′10″ intendent of Grand Canyon National N., longitude 110°42′00″ W. Park. The National Park Service re- (4) Hite, latitude 37°53′30″ N., lon- serves the right to limit the number of gitude 110°23′00″ W. such permits issued, or the number of (5) Gordon Flats, latitude 38°10′30″ N., persons traveling on trips authorized longitude 110°09′00″ W. by such permits when in the opinion of (6) The entire surface of Lake Powell, the National Park Service such limita- subject to the restrictions contained in tions are necessary in the interest of § 2.17 of this chapter. public safety or protection of the eco- (b) Unattended property. Vehicles or logical and environmental values of boat trailers, or vehicle/boat trailer the area. combinations, may be left unattended (i) The Superintendent of Grand Can- for periods of up to 14 days, when yon National Park shall issue a permit parked in parking areas adjacent to upon a determination that the person designated boat launching sites, with- leading, guiding, or conducting a river out the prior permission of the Super- trip is experienced in running rivers in intendent. Any vehicle or boat trailer white-water navigation of similar dif- or vehicle/boat trailer combination ficulty, and possesses appropriate which is left in parking areas adjacent equipment, which is identified in the to designated boat launching sites for terms and conditions of the permit. over 14 days may be impounded by the (ii) No person shall conduct, lead, Superintendent. guide, or outfit a commercial river trip (c) Water sanitation. All vessels with without first securing the above permit marine toilets so constructed as to per- and possessing an additional permit au- mit wastes to be discharged directly thorizing the conduct of a commercial into the water shall have such facility or business activity in the recreation sealed to prevent discharge. Chemical area. or other type marine toilets with ap- (iii) An operation is commercial if proved holding tanks or storage con- any fee, charge, or other compensation tainers shall be permitted but will be is collected for conducting, leading, discharged or emptied only at des- guiding, or outfitting a river trip. A ignated sanitary pumping stations. river trip is not commercial if there is (d) [Reserved] a bona fide sharing of actual expenses. (e) 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.
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(9) All persons issued a river trip per- carabiners or snap links, ropes, expan- mit shall comply with all terms and sion bolts, or other mechanical equip- conditions of the permit. ment are used to make the climb. (f) Assembly and launching of river (2) Registration. Registration is re- rafts and boats. The following regula- quired with the Superintendent prior tions shall apply to all persons des- to any technical rock climbing. The ignated under paragraph (e) of this sec- registrant is required to notify the Su- tion (Colorado white-water trips): perintendent upon completion of the (1) The assembly and launching of climb. rafts or boats, and parking or storing (d) Commercial Vehicles. (1) Notwith- of any related equipment or supplies is standing the prohibition of commercial restricted to those areas designated by vehicles set forth at § 5.6 of this chap- the Superintendent. ter, the following commercial vehicles (2) Within such designated areas, the are authorized to use that portion of Superintendent may assign or limit U.S. Highway 209 located within the space and designate time periods of op- Delaware Water Gap National Recre- eration for each individual river trip or ation Area: operator. (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 commercial vehicular facility in Mon- 27723, July 6, 1976; 42 FR 25857, May 20, 1977; roe, Pike, or Northampton Counties, 48 FR 30295, June 30, 1983] PA, and the vehicle operation origi- § 7.71 Delaware Water Gap National nates or terminates at such facility; Recreation Area. (iii) On a first come-first served (a) [Reserved] basis, up to 125 northbound and up to (b) Designated snowmobile routes. (1) A 125 southbound commercial vehicles route in Middle Smithfield Township, per day serving businesses or persons Monroe County, Pennsylvania, bounded in Orange County, Rockland County, by the Delaware River on the east and Ulster County or Sullivan County, New Hidden Lake on the west. The route be- York; and gins at the Smithfield Beach parking (iv) Those operated in order to pro- area and is in two loops. Loop One is a vide services to businesses and persons small trail approximately 3 miles long located in or contiguous to the bound- and follows the west bank of the Dela- aries of the recreation area. ware River and closely parallels the (2) Contiguous Areas. All land within east side of L. R. 45012 (commonly the exterior boundaries of Lehman, known as the River Road). Loop Two is Delaware, Milford, Dingman, Stroud, approximately 6 miles long and begins Westfall, Middle Smithfield, Smithfield at the northwest end of Loop One; it and Upper Mount Bethel townships is goes northeasterly between the Dela- deemed contiguous to the recreation ware River and River Road for about area. one mile until it crosses River Road; (e) Commercial vehicle fees—(1) Fee then southwesterly along the ridge Schedule: Fees are charged for those which is south of Hidden Lake to a commercial vehicular uses described in point opposite the west end of Hidden paragraphs (d)(1)(i), (ii) and (iii) of this Lake, and then goes southeasterly section based on the number of axles until it returns to Loop One near River and wheels on a vehicle, regardless of Road. Maps of the route are available load or weight, as follows: at Smithfield Beach and at the office of (i) Two-axle car, van or pickup ...... $1 the superintendent. Both loops are (ii) Two-axle 4-wheel vehicle with trailer ...... 2 marked by appropriate signs. (iii) Two-axle 6-wheel vehicle ...... 3 (2) [Reserved] (iv) Three-axle vehicle ...... 4 (v) Four-axle vehicle ...... 6 (c) Technical rock climbing—(1) Defini- (vi) Five or more-axle vehicle ...... tion. The term ‘‘technical rock climb- ing’’ is defined to mean climbing where The fees charged are for one trip, one such technical climbing aids as pitons, way.
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(2) Exceptions. The following commer- or any cargo pertaining thereto, unless cial vehicles are exempt from the com- permitted in writing by an authorized mercial fee requirements. official of the National Park Service. (i) Vehicles necessary to provide (d) Boats. (1) No watercraft shall be services to businesses or persons with- operated in such a manner, nor shall in, or contiguous to the recreation anchors or any other mooring device be area. cast or dragged or placed, so as to (ii) Any vehicle owned by a Federal, strike or otherwise cause damage to State or municipal agency. any underwater features. (iii) Any vehicle owned or operated (2) Anchoring or maneuvering by a publicly owned utility company. watercraft within the waters that con- (iv) Any vehicle operated by a non- tain underwater marked swimming profit or educational organization. trails and interpretive signs is prohib- (v) Any commercially licensed vehi- ited. cle or vehicle otherwise identified as a (3) All watercraft, carrying pas- commercial vehicle, when at that par- sengers for hire, shall comply with ap- ticular time it is being used for non- plicable regulations and laws of the commercial purposes. U.S. Coast Guard and Territory of the (f) Powerless flight. The use of devices Virgin Islands. designed to carry persons through the (e) Fishing. (1) Taking of fishes or any air in powerless flight is allowed at other marine life in any way except times and locations designated by the with rod or line, the rod or line being superintendent, pursuant to the terms held in the hand, is prohibited: Pro- and conditions of a permit. vided, That fish may be taken by pots (g) Fishing. Unless otherwise des- or traps of conventional Virgin Islands ignated, fishing in any manner author- design and not larger than five feet at ized under applicable State law is al- the greatest dimension, and bait fish lowed. may be taken by nets of no greater [34 FR 13595, Aug. 23, 1969, as amended at 47 overall length than 20 feet and of mesh FR 4256, Jan. 29, 1982; 48 FR 30295, June 30, not larger than 1 inch stretched: Pro- 1983; 48 FR 46780, 46782, Oct. 14, 1983; 49 FR vided further, That paragraphs (e) (3), 9421, Mar. 13, 1984; 49 FR 18451, Apr. 30, 1984; (4), and (5) of this section shall apply. 50 FR 34130, Aug. 23, 1985; 51 FR 40419, Nov. 7, (2) The use or possession of any type 1986; 52 FR 34777, Sept. 15, 1987] of spearfishing equipment within the boundaries of the Monument is prohib- § 7.72 Arkansas Post National Memo- rial. ited. (3) The species of crustaceans known (a) Launching, beaching, or landing of as Florida Spiny Lobster (Panulirus vessels. Except in emergencies, no ves- argus) may be taken by hand or sel shall be launched, beached, or land- handheld hook or snare. No person ed from or on lands within the Arkan- shall take female lobsters with eggs; or sas Post National Memorial. take more than two lobsters per person [35 FR 13206, Aug. 19, 1970] per day; or have in possession more than two days’ limit: Provided, That § 7.73 Buck Island Reef National paragraph (e)(5) of this section shall Monument. apply. (a) [Reserved] (4) Species of mollusks commonly (b) Marine operations. No dredging, known as whelks and conchs may be excavating or filling operations of any taken by hand. No person shall take kind are permitted, and no equipment, more than two conchs or one gallon of structures, byproducts or excavated whelks, or both, per day, or have in materials associated with such oper- possession more than two days’ limit; ations may be deposited in or on the Provided, That paragraph (e) (5) of this waters or ashore within the boundaries section shall apply. of the Monument. (5) All known means of taking fish, (c) Wrecks. No person shall destroy crustaceans, mollusks, turtles, or other molest, remove, deface, displace or marine life are prohibited between the tamper with wrecked or abandoned wa- outer fringes of the barrier reef and the terborne craft of any type or condition, shore line of Buck Island eastward of
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the recognizable extremities of the overall length than 20 feet and of mesh sand beach on the north and south not larger than 1 inch stretched: Pro- sides of the island. 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] (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. (a) [Reserved] (3) The species of crustaceans known (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 watercraft within the waters that con- [29 FR 17091, Dec. 15, 1964, as amended at 48 tain underwater marked swimming FR 30296, June 30, 1983] trails and interpretive signs is prohib- § 7.75 Padre Island National Seashore. ited. (3) Vessels desiring to enter Trunk (a) Off-road motor vehicle and motor- Bay must enter and depart between the cycle operation. (1) The following regu- two outer buoys delineating the pre- lations pertain to the operation of scribed anchorage area, and shall an- motor vehicles and motorcycles off es- chor within described area, and no tablished roads and parking areas. The other, making sure the vessel will lie operation of such vehicles and motor- within this area regardless of wind or cycles is subject also to the applicable sea conditions: Except, that hand-pro- provisions of part 4 of this chapter and pelled craft may be used to transport paragraphs (e) and (g) of this section. passengers and equipment between the (i) No person may operate a motor anchorage area and the beach. vehicle or motorcycle without a valid (4) All vessels carrying passengers for operator’s license or learner’s permit hire shall comply with applicable laws in his possession; an operator who has and regulations of the United States a learner’s permit must be accom- Coast Guard and Territory of the Vir- panied by an adult who has a valid op- gin Islands. erator’s license; a driver’s license or (e) Fishing. (1) Taking of fishes or any learner’s permit must be displayed other marine life in any way except upon the request of any authorized per- with rod or line, the rod or line being son. held in the hand, is prohibited: Pro- (ii) In addition to the requirements of vided, That fish may be taken by pots § 4.10 of this chapter, every motor vehi- or traps of conventional Virgin Islands cle and motorcycle must have an oper- design and not larger than five feet at able horn, windshield wiper or wipers the greatest dimension, and bait fish (except motorcycles), brake light or may be taken by nets of no greater lights, and rearview mirror.
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(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- chute, or in any other way is prohib- ico, except for the approximately 41⁄2 ited. miles of beach between the North and (4) Riding on fenders, tailgate, roof, South Beach Access Roads. or any other position outside of the ve- (ii) The route west of Big Shell hicle is prohibited. Beach, locally known as the Back (f) [Reserved] Road. This route begins on the beach (g) Speed. Except where different adjacent to the Gulf of Mexico approxi- speed limits are indicated by posted mately three miles south of signs or markers, speed of automobiles Yarborough Pass and returns to the and other vehicles shall not exceed 25 beach approximately 15 miles south of miles per hour where driving is per- Yarborough Pass. mitted on the beach. (iii) The route beginning on the (h) Mineral exploration and extrac- beach adjacent to the Gulf of Mexico tion—(1) Scope. The regulations in this approximately 11 miles south of paragraph are made, prescribed, and Yarborough Pass and ending with its published pursuant to the Act of Sep- intersection with the Back Road ap- tember 28, 1962, 76 Stat. 651, 16 U.S.C. proximately one mile west of the 459d–3 (1964), to provide for the occupa- beach. This route is locally known as tion and use of so much of the surface the Dunn Ranch Road. of the land or waters within the Padre (iv) Travel is permitted in an area Island National Seashore—for all pur- within 200 feet of the north bank of the poses reasonably incident to the min- Mansfield Channel, beginning on the ing and removal of oil and gas minerals beach adjacent to the Gulf of Mexico and of other minerals which can be re- and ending approximately 3⁄4 mile west moved by similar means—in a manner of the beach. that will be consistent with develop- (b) Hunting. (1) Hunting is prohibited, ment of recreational facilities by the except that during the open season pre- Secretary of the Interior, with surface scribed by State and Federal agencies, use of the lands and waters in the Sea- the hunting of waterfowl is allowed shore by the public for recreational upon the waters of Laguna Madre purposes and with preservation of the wherever a floating vessel of any type area’s natural features and values. The is capable of being operated, at what- provisions of these regulations shall ever tide level may exist. Provided, govern also any right of occupation or however, that the waters surrounding use of the surface within the bound- North and South Bird Islands and other aries of the Seashore, granted by the designated rookery islands are closed Secretary subsequent to April 11, 1961, to all hunting as posted. Hunting, for the exploration, development, pro- where authorized, is allowed in accord- duction, storing, processing or trans- ance with all applicable Federal, State porting of oil and gas minerals that are
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removed from outside the boundaries of § 7.77 Mount Rushmore National Me- the Seashore. They shall not apply to morial. such rights of occupation or use exist- (a) Climbing Mount Rushmore is pro- ing on April 11, 1961, which are reason- hibited. ably necessary. (2) Operator. As used in this para- [32 FR 13071, Sept. 14, 1967] graph, an operator shall mean anyone who in accordance with the provisions § 7.78 Harpers Ferry National Histor- of the aforesaid Act of September 28, ical Park. 1962, possesses the right (whether as (a) All persons shall register at park owner of a mineral interest, lessee, headquarters before climbing any por- holder of operating rights, or other- tion of the cliff face of Maryland wise), to mine or remove minerals from Heights. A registrant shall check out, lands within the Padre Island National upon completion of climbing, in the Seashore or the right to occupy or use manner specified by the registering of- the surface of Seashore lands for the ficial. exploration, development, production, 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 place within the boundaries of the park ing is prohibited. shall be in accordance with an ap- (b) Fishing. Unless otherwise des- proved Plan of Operations. ignated, fishing in a manner authorized (5) Applicability of State laws. All oper- under applicable State law is allowed. ators, as defined in subparagraph (2) of (c) Water sanitation. All vessels with this paragraph shall abide by all rules marine toilets so constructed as to per- and regulations as may be prescribed mit wastes to be discharged directly by the Texas Railroad Commission or into the water shall have such facility other authority of the State of Texas. sealed to prevent discharge. Chemical or other type marine toilets with ap- [31 FR 3458, Mar. 5, 1966, as amended at 39 FR proved holding tanks or storage con- 40156, Nov. 14, 1974; 43 FR 6229, Feb. 14, 1978; 48 FR 30296, June 30, 1983; 51 FR 35647, Oct. 7, tainers shall be permitted but will be 1986; 52 FR 10686, Apr. 2, 1987] discharged or emptied only at des- ignated sanitary pumping stations. § 7.76 Wright Brothers National Memo- rial. [34 FR 6524, Apr. 16, 1969, as amended at 34 FR 15415, Oct. 3, 1969; 49 FR 18451, Apr. 30, (a) Designated airstrip. Wright Broth- 1984] ers National Memorial Airstrip, lo- cated at Kill Devil Hills, N.C. § 7.80 Sleeping Bear Dunes National (b) Use of airstrip. Except in emer- Lakeshore. gencies, no aircraft may be parked, (a) Powerless flight. The use of devices stopped, or left unattended at the des- designed to carry persons through the ignated airstrip for more than 24 con- air in powerless flight is allowed at secutive hours, or for more than a total times and locations designated by the of 48 hours during any 30-day period. superintendent, pursuant to the terms [32 FR 2564, Feb. 7, 1967] and conditions of a permit.
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(b) Fishing. Unless otherwise des- (b) Scuba Diving. (1) Scuba diving is ignated, fishing in a manner authorized prohibited within all springs and spring under applicable State law is allowed. branches on federally owned land with- [49 FR 18451, Apr. 30, 1984] in the boundaries of Ozark National Scenic Riverways without a written § 7.81 Point Reyes National Seashore. permit from the superintendent. (2) Permits. The superintendent may (a) Powerless flight. The use of devices issue written permits for scuba diving designed to carry persons through the in springs within the boundaries of the air in powerless flight is allowed at times and locations designated by the Ozark National Scenic Riverways; Pro- superintendent, pursuant to the terms vided, and conditions of a permit. (i) That the permit applicant will be engaged in scientific or educational in- [49 FR 18451, Apr. 30, 1984] vestigations which will have demon- strable value to the National Park § 7.82 Apostle Islands National Lake- Service in its management or under- shore. standing of riverways resources. Fishing. Unless otherwise designated, (ii) [Reserved] fishing in a manner authorized under (c) Commercial Activities. The activi- applicable State law is allowed. ties listed herein constitute commer- [49 FR 18451, Apr. 30, 1984] cial activities which are prohibited within the boundaries of Ozark Na- § 7.83 Ozark National Scenic tional Scenic Riverways, except in ac- Riverways. cordance with the provisions of a per- (a) Restrictions for motorized vessels. (1) mit, contract, or other written agree- On waters situated within the bound- ment with the United States. The Na- aries of Ozark National Scenic tional Park Service reserves the right Riverways, the use of a motorized ves- to limit the number of such permits, sel is limited to a vessel equipped with contracts or other written agreements, an outboard motor only. when, in the judgment of the Service, (2) For the purposes of this section, such limitation is necessary in the in- horsepower ratings on a particular terest of visitor enjoyment, public motor will be based upon the prevailing safety, or preservation or protection of industry standard of power output at the resources or values of the the propeller shaft as established by Riverways. the manufacturer. (1) The sale or rental of any goods or (3) The use of a motorized vessel is equipment to a member or members of allowed as follows: the public which is undertaken in the (i) Above the Big Spring landing on course of an ongoing or regular com- the Current River and below Alley mercial enterprise. Spring on the Jacks Fork River with (2) The performance of any service or an outboard motor not to exceed 40 activity for a member or members of horsepower. the public in exchange for monetary or (ii) Above Round Spring on the Cur- other valuable consideration. rent River and above Alley Spring on (3) The delivery or retrieval within the Jacks Fork River with an outboard the boundaries of Ozark National Sce- motor not to exceed 25 horsepower. nic Riverways of watercraft or associ- (iii) Above Akers Ferry on the Cur- ated boating equipment which has been rent River from May 1 to September 15 rented to a member or members of the with an outboard motor not to exceed public at a location not within the 10 horsepower. Riverways, when such delivery or re- (iv) Above Bay Creek on the Jacks trieval is performed by a principal, em- Fork River from March 1 to the Satur- ployee or agent of the commercial en- day before Memorial Day with an out- terprise offering the equipment for board motor not to exceed 10 horse- rental and when these services are per- power. formed as an integral part, necessary (4) Operating a motorized vessel complement, or routine adjunct of or other than as allowed in § 7.83(a) is pro- to the rental transaction, whether or hibited. not any charge, either separately or in
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combination with any other charge, is (c) Fishing. The taking of any fish, made for these services. crustaceans, mollusk, or other marine (4) The performance, by a principal, life shall be in compliance with State employee, or agent of a commercial en- regulations except that: terprise, within the boundaries of (1) No invertebrates may be taken in Ozark National Scenic Riverways of water less than five (5) feet in depth. any other service or activity for which (2) The taking of abalone and lobsters a fee, charge or other compensation is for commercial purposes is prohibited not collected, but which is an integral in the following areas: part, necessary complement, or routine (i) Anacapa Island. Northside to exte- adjunct of or to any commercial trans- rior boundary of the monument be- action undertaken by that enterprise tween east end of Arch Rock 119°21′– for which monetary or other valuable 34°01′ and west end of island, 119°27′– consideration is charged or collected, 34°01′. even though such transaction is initi- (ii) Santa Barbara Island. Eastside to ated, performed, or concluded outside exterior boundary of monument 119°02′– the boundaries of the Riverways. 33°28′ and 119°02′–33°29′30″. (5) The solicitation of any business, (3)(i) The use of all nets is prohibited employment, occupation, profession, within the outer edge of the kelp line trade, work or undertaking, which is surrounding Anacapa and Santa Bar- engaged in with some continuity, regu- bara Islands. larity or permanency for any liveli- (ii) The use of trammel or gill nets is hood, gain, benefit, advantage, or prof- prohibited in less than 20 fathoms of it. water in all areas surrounding Anacapa (d) Fishing. (1) Unless otherwise des- and Santa Barbara Islands. ignated, fishing in a manner authorized (4) The Superintendent shall require under applicable State law is allowed. all persons fishing commercially with- (2) The superintendent may designate in Channel Islands National Monu- times and locations and establish con- ment, on waters open for this purpose, ditions under which the digging of bait to obtain an annual permit from him. for personal use is allowed. Such permits shall be issued on request (e) Frogs, turtles and crayfish. (1) The except that: superintendent may designate times (i) Lobster permits for Anacapa and and locations and establish conditions Santa Barbara Islands will be issued governing the taking of frogs, turtles only to applicants who filed with the and/or crayfish upon a written deter- California State Department of Fish mination that the taking of frogs, tur- and Game fish receipts for lobsters tles and/or crayfish: caught at Anacapa and Santa Barbara (i) Is consistent with the purposes for Islands during the period July 1, 1968, which the area was established; and to July 1, 1971. (ii) Will not be detrimental to other (ii) Abalone permits for Anacapa and park wildlife or the reproductive po- Santa Barbara Islands will be issued tential of the species to be taken; and only to applicants who filed with the (iii) Will not have an adverse effect California State Department of Fish on the ecosystem. and Game fish receipts for abalone (2) Violation of established condi- caught at Anacapa and Santa Barbara tions or designations is prohibited. Islands during the period July 1, 1968, to July 1, 1971. [38 FR 5851, Mar. 5, 1973, as amended at 41 FR 23959, June 14, 1976; 49 FR 18451, Apr. 30, 1984; [38 FR 5622, Mar. 17, 1973, as amended at 48 50 FR 43388, Oct. 25, 1985; 56 FR 30696, July 5, FR 30296, June 30, 1983] 1991; 56 FR 37158, Aug. 5, 1991] § 7.85 Big Thicket National Preserve. § 7.84 Channel Islands National Park. (a) Hunting. Except as otherwise pro- (a) [Reserved] vided in this section, hunting is per- (b) Wrecks. No person shall destroy, mitted in accordance with § 2.2 of this molest, remove, deface, displace, or chapter. tamper with wrecked and abandoned (1) Hunting is permitted only during water or airborne craft or any cargo designated seasons, as defined for game pertaining thereto. animals or birds by the State of Texas.
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During other periods of the year, no (iii) The term ‘‘Preserve lands’’ hunting is permitted. means all federally owned or controlled (2) During applicable open seasons, lands and waters administered by the only the following may be hunted: National Park Service within the (i) Game animals, rabbits, and feral boundaries of the Preserve. or wild hogs. (2) Travel in Preserve areas. (i) Unless (ii) Game birds and migratory game closed or restricted by action of the birds. Superintendent under paragraph (3) The use of dogs or calling devices (a)(2)(iii), the following areas, which for hunting game animals or fur-bear- are shown on a map numbered BC–91– ing animals is prohibited. 001, dated November 1975, and available (4) The use or construction of stands, for public inspection at the office of blinds or other structures for use in the Superintendent, are open to motor- hunting or for other purposes is prohib- ized vehicles: ited. (A) The area south and west of Loop (b) Trapping. Trapping, for fur-bear- Road (State Road #B94). ing animals only, is permitted in ac- (B) The area north of Tamiami Trail. cordance with § 2.2 of this chapter. (ii) The following areas which are (c) Hunting and Trapping Permits. In shown on a map numbered BC–91–001, addition to applicable State licenses or dated November 1975, and available for permits, a permit from the Super- public inspection at the office of the intendent is required for hunting or Superintendent, are closed to motor- trapping on Preserve lands. Permits ized vehicles: will be available, free of charge, at Pre- (A) The areas between the Loop Road serve headquarters and can be obtained (State Hwy. #B94) and the Tamiami in person or by mail. Trail (U.S. Hwy. #B41), except that the (d) Firearms, Traps, and Other Weap- Superintendent may issue a permit to ons. Except as otherwise provided in provide for reasonable access by legal this paragraph, § 2.4 of this chapter residents or to provide access by au- shall be applicable to Preserve lands. thorized oil and gas companies. (1) During open hunting or trapping (B) Big Cypress Florida Trail, Sec- seasons, the possession and use of fire- tion 1, One marked main hiking trail, arms or other devices capable of de- from Tamiami Trail to Alligator Alley; stroying animal life is permitted in ac- and the two marked loop trails are cordance with § 2.4 of this chapter. closed to the use of all motorized vehi- (2) The possession of firearms or cles, except that vehicles may cross the other weapons at night, from one hour trails. after sunset to one hour before sunrise (iii) The Superintendent may tempo- is prohibited. rarily or permanently close or restrict [45 FR 46072, July 9, 1980, as amended at 48 the use of any areas and routes other- FR 30296, June 30, 1983] wise designated for use of motor vehi- cles, or close or restrict such areas or § 7.86 Big Cypress National Preserve. routes to the use of particular types of (a) Motorized vehicles—(1) Definitions. motor vehicles by the posting of appro- (i) The term ‘‘motorized vehicle’’ priate signs, or by marking on a map means automobiles, trucks, glades or which shall be available for public in- swamp buggies, airboats, amphibious spection at the office of the Super- or air cushion vehicles or any other de- intendent, or both. In determining vice propelled by a motor and designed, whether to close or restrict the uses of modified for or capable of cross coun- the areas or routes under this para- try travel on or immediately over land, graph, the Superintendent shall be water, marsh, swampland or other ter- guided by the criteria contained in sec- rain, except boats which are driven by tions 3 and 4 of E.O. 11644 (37 FR 2877) a propeller in the water. as amended, and shall also consider (ii) The term ‘‘operator’’ means any factors such as other visitor uses, safe- person who operates, drives, controls ty, wildlife management, noise, ero- or has charge of a motorized vehicle. sion, geography, vegetation, resource
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protection, and other management con- the vehicle or boat, and shall display siderations. Prior to making a tem- one white light aft visible for 360° at a porary or permanent closure the Super- distance of 500 feet when running dur- intendent shall consult with the execu- ing the period from one-half hour be- tive director of the Florida Game and fore sunset to one-half hour after sun- Fresh Water Fish Commission. Prior to rise. instituting a permanent closure of an (b) Camp structures. (1) Buildings or area or route, notice of such intention other structures on lands not owned by shall be published in the FEDERAL REG- claimants to these structures existing ISTER and the public shall be provided a prior to the effective date of these reg- period of 30 days to comment. ulations, may be occupied and used by (3) Operations, limitations and equip- said claimants pursuant to a nonrenew- ment—(i) Vehicle operation. (A) Motor- able, nontransferrable permit. This use ized vehicle permits shall be required shall be for a maximum term of five (5) after December 21, 1980. years from the date of Federal acquisi- (B) Motorized vehicles shall not be tion for preserve purposes of the land operated in a manner causing, or likely upon which the structures are situated to cause, significant damage to or dis- or five years from the effective date of turbance of the soil, wildlife habitat, these regulations, whichever occurs improvements, cultural, or vegetative first: Provided, however, That the resources. Cutting, grading, filling or claimant to the structures by applica- ditching to establish new trails or to tion: improve old trails is prohibited, except (i) Reasonably demonstrates by under written permit where necessary affadivit, bill of sale or other docu- in the exploration for, extraction or re- mentation proof of possessory interest moval of oil and gas. or right of occupancy in the cabin or (ii) Vehicle Limitations and Equip- structure; ment. (ii) Submits a sketch and photograph (A) [Reserved] of the cabin or structure and a map (B) The Superintendent, by the post- ing of appropriate signs or by marking showing its geographic location; on a map, which shall be available for (iii) Agrees to vacate or remove the public inspection at the office of the structure from the preserve upon the Superintendent, may require during expiration of the permit, and dry periods, that a motorized vehicle or (iv) Acknowledges in the permit that a particular class of motorized vehicle, he/she has no interest in the real prop- operated off established roads and erty. parking areas, shall be equipped with a (2) Structures built after the effec- spark arrestor that meets Standard tive date of these regulations will be 5100–1a of the Forest Service, U.S. De- removed upon acquisition by the Fed- partment of Agriculture, or the 80 per- eral Government of the lands upon cent efficiency level when determined which the structures are situated. by the appropriate Society of Auto- (3) Structures that are razed or de- motive Engineers (SAE) Standard. stroyed by fire or storm, or deteriorate (C) A motorized vehicle, except an structurally to the point of being un- airboat, when operated off of estab- safe or uninhabitable shall not be re- lished roads and parking areas during built and the permit shall be cancelled. the period from one-half hour after This shall not be deemed to prohibit sunset to one-half hour before sunrise, routine maintenance or upkeep on an shall display at least one forward-fac- existing structure. ing white headlight and one red lighted (4) The National Park Service re- taillight each of which shall be visible serves the right to full and unre- for a distance of 500 feet in their re- stricted use of the lands under permit spective directions under clear atmos- including, but not limited to, such pur- pheric conditions. poses as managed hunting programs ex- (D) Airboats and amphibious vehicles ecuted in accordance with applicable shall fly a safety flag at least 10 inches State Game and Fish laws and regula- wide by 12 inches long at a minimum tions, use of existing roads and trails, height of 10 feet above the bottom of and unrestricted public access.
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(c) Aircraft: Designated landing sites. purposes on October 11, 1974, or who (1) Except as provided below, aircraft elected to request a permit at the time may be landed in the preserve only at the land was acquired for preserve pur- improved landing strips for which a poses (See 36 CFR 2.60). permit has been issued and which were (2) Such permit may be renewed dur- in existence and in usable condition at ing the lifetime of the permittee or his the time the lands were acquired for spouse. preserve purposes, or the effective date (3) The breach of any of the terms or of these regulations, whichever occurs conditions of the permit or the regula- first. A permit may be issued to the tions applicable thereto shall be former land owner or airstrip user upon grounds for termination, suspension or application to the Superintendent. The denial of grazing privileges. application shall include a sketch (4) Except as provided below, failure showing location; a copy of the airstrip to use land under permit for grazing or license, if any; a description of the size to renew the permit shall automati- of strip, type of landing surface, height cally terminate the permit and grazing of obstructions, special markings; and privileges. The Superintendent may a list of the camps served. issue a nonuse permit on an annual (2) A map showing the locations, size, basis not to exceed three consecutive and limitations of each airstrip des- years, except that nonuse beyond this ignated under a permit shall be avail- time may be permitted if necessitated able for public inspection at the office by reasons clearly outside the control of the Superintendent. of the permittee. (3) Rotorcraft used for purposes of oil (5) Annual fees based on Depart- and gas exploration or extraction, as mental regulations (43 CFR 4125.1–1 provided for in part 9, subpart B of this (m)) will be charged for all livestock chapter, may be operated only in ac- grazing upon preserve lands. cordance with an approved operating (6) Each permittee shall comply with plan or a permit issued by the Super- the range management plan approved intendent. by the Superintendent for the area (d) [Reserved] under permit. (e) Hunting, Fishing, Trapping and Gathering. (1) Hunting, fishing and (7) State laws and regulations relat- trapping are permitted in accordance ing to fencing, sanitation and branding with the general regulations found in are applicable to graziers using pre- parts 1 and 2 of this chapter and appli- serve lands. cable Florida law governing Coopera- (8) The National Park Service re- tive Wildlife Management Areas. serves the right to full and unre- (2) The Superintendent may permit stricted use of the lands under permit the gathering or collecting by hand and including, but not limited to, such pur- for personal use only of the following: poses as managed hunting programs ex- (i) Tree snails (Liguus Fasciatus); ecuted in accordance with applicable State Game and Fish laws and regula- Provided, however, That under condi- tions, use of existing roads and trails, tions where it is found that significant unrestricted public access, and the adverse impact on park resources, wild- right to revoke the permit if the activ- life populations or visitor enjoyment of ity is causing or will cause consider- resources will result, the Super- able adverse effect on the soil, vegeta- intendent shall prohibit the gathering, tion, watershed or wildlife habitat. or otherwise restrict the collecting of these items. Portions of a park area in (9) Corporations formed by owners or which restrictions apply shall be des- lessees who were actually using lands ignated on a map which shall be avail- within the preserve for grazing pur- able for public inspection at the office poses on October 11, 1974, may be issued of the Superintendent, or by the post- annual permits for a period not to ex- ing of appropriate signs, or both. ceed twenty-five (25) years from the (f) Grazing. (1) Grazing privileges date of acquisition for preserve pur- shall be available under permit to own- poses. ers or lessees who were actually using [44 FR 45128, Aug. 1, 1979, as amended at 48 land within the Preserve for grazing FR 30296, June 30, 1983]
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§ 7.87 Kaloko-Honokohau National His- (b) Overnight occupancy of a vessel torical Park. on the Whiskeytown Lake is prohib- (a) Is public nudity prohibited at ited. Kaloko-Honokohau National Historical (c) Powerless flight. The use of devices Park? Yes. Public nudity, including designed to carry persons through the nude bathing, by any person on Federal air in powerless flight is allowed at land or water within the boundaries of times and locations designated by the Kaloko-Honokohau National Historical superintendent, pursuant to the terms Park is prohibited. This section does and conditions of a permit. not apply to a person under 10 years of (d) Gold Panning. (1) As used in this age. section, the term ‘‘gold panning’’ (b) What is public nudity? Public nu- means the attempted or actual removal dity is a person’s failure, when in a of gold from a stream by using either a public place, to cover with a fully metal or plastic gold pan and a trowel, opaque covering that person’s genitals, spoon or other digging implement hav- pubic areas, rectal area or female ing a blade surface not exceeding 4 breast below a point immediately inches wide and 8 inches long. above the top of the areola. (2)(i) Unless otherwise designated by (c) What is a public place? A public the superintendent, gold panning is al- place is any area of Federal land or lowed on all streams. Streams, or por- water subject to Federal jurisdiction tions thereof, that are designated within the boundaries of Kaloko- closed to gold panning are marked on a Honokohau National Historical Park, map available for public inspection at except the enclosed portions of rest- the office of the superintendent, or by rooms or other structures designed for the posting of signs, or both. privacy or similar purposes. (ii) Prior to engaging in gold pan- ning, a person shall register with, and [64 FR 19483, Apr. 21, 1999] pay a special recreation permit fee to, the superintendent. The super- § 7.88 Indiana Dunes National Lake- intendent shall establish the special shore. recreation permit fee in accordance (a) Fishing. Unless otherwise des- with regulations in part 71 of this chap- ignated, fishing in a manner authorized ter. under applicable State law is allowed. (iii) A person may remove gold from (b) Powerless flight. The use of devices the Unit only in accordance with these to carry persons through the air in regulations. powerless flight is allowed at times and (3) The following are prohibited: locations designated by the super- (i) Removing gold by any method intendent pursuant to the terms and other than gold panning, including, but conditions of a permit. not limited to, the use of suction, a crevice cleaner, screen separator, view [49 FR 18451, Apr. 30, 1984] box, sluice box, rocker, dredge or any §§ 7.89—7.90 [Reserved] other mechanical or hydraulic device, or skin diving equipment such as a § 7.91 Whiskeytown Unit, snorkel, mask or wetsuit. Whiskeytown-Shasta-Trinity Na- (ii) Using any toxic substance or tional Recreation Area. chemical, including mercury, in gold (a) Water sanitation. (1) Vessels with panning activities. marine toilets so constructed as to per- (iii) Conducting gold panning outside mit wastes to be discharged directly the confines of existing stream water into the water shall have such facili- levels, or digging into a stream bank, ties sealed to prevent discharge. or digging that results in the disturb- (2) Chemical or other type marine ance of the ground surface or the un- toilets with approved holding tanks or dermining of any vegetation, historic storage containers will be permitted, feature or bridge abutment. 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]
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§ 7.92 Bighorn Canyon National Recre- (c) Fishing. Unless otherwise des- ation Area. ignated, fishing in any manner author- (a) Aircraft-designated airstrip. (1) Fort ized under applicable State law is al- Smith landing strip, located at approx- lowed. imate latitude 45°19′ N., approximate [36 FR 21666, Nov. 12, 1971, as amended at 48 longitude 107°55′41″ W. in the FR 29845, June 30, 1983; 52 FR 34777, Sept. 15, S1⁄2S1⁄2SE1⁄4 sec. 8, and the S1⁄2SW1⁄4SW1⁄4 1987] sec. 9, T. 6 S., R. 31 E., Montana Prin- cipal Meridian. § 7.93 Guadalupe Mountains National (2) [Reserved] Park. (b) Snowmobiles. (1) Designated routes (a) Cave entry. No person shall enter to be open to snowmobile use: On the any cave or passageway of any cave west side of Bighorn Lake, beginning without a permit. immediately east of the Wyoming [48 FR 30296, June 30, 1983] Game and Fish Department Residence on the Pond 5 road northeast to the §§ 7.94—7.95 [Reserved] Kane Cemetery. North along the main traveled road past Mormon Point, Jim § 7.96 National Capital Region. Creek, along the Big Fork Canal, cross- ing said canal and terminating on the (a) Applicability of regulations. This south shore of Horseshoe Bend, and the section applies to all park areas admin- marked lakeshore access roads leading istered by National Capital Region in off this main route to Mormon Point, the District of Columbia and in Arling- north and south mouth of Jim Creek, ton, Fairfax, Loudoun, Prince William, South Narrows, and the lakeshore road and Stafford Counties and the City of between Mormon Point and the south Alexandria in Virginia and Prince mouth of Jim Creek. On the east side Georges, Charles, Anne Arundel, and of Bighorn Lake beginning at the junc- Montgomery Counties in Maryland and tion of U.S. Highway 14A and the John to other federal reservations in the en- Blue road, northerly on the John Blue virons of the District of Columbia, road to the first road to the left, on policed with the approval or concur- said road in a westerly direction to its rence of the head of the agency having terminus at the shoreline of Bighorn jurisdiction or control over such res- Lake. All frozen lake surfaces are ervations, pursuant to the provisions of closed to snowmobiling. the act of March 17, 1948 (62 Stat. 81). (2) On roads designated for snow- (b) Athletics—(1) Permits for organized mobile use only that portion of the games. Playing baseball, football, cro- road or parking area intended for other quet, tennis, and other organized motor vehicle use may be used by games or sports except pursuant to a snowmobiles. Such roadway is avail- permit and upon the grounds provided able for snowmobile use only when the for such purposes, is prohibited. designated road or parking area is (2) Wet grounds. Persons holding a closed by snow depth to all other permit to engage in athletics at certain motor vehicles used by the public. times and at places authorized for this These routes will be marked by signs, use are prohibited from exercising the snow poles or other appropriate means. privilege of play accorded by the per- The superintendent shall determine the mit if the grounds are wet or otherwise opening and closing dates for use of unsuitable for play without damage to designated snowmobile routes each the turf. year. Routes will be open to snow- (3) Golf and tennis; fees. No person mobile travel when they are considered may use golf or tennis facilities with- to be safe for travel but not necessarily out paying the required fee, and in free of safety hazards. Snowmobiles compliance with conditions approved may travel in these areas with the per- by the Regional Director. Trespassing, mission of the superintendent, but at intimidating, harassing or otherwise their own risk. interfering with authorized golf play- (3) Snowmobile use outside des- ers, or interfering with the play of ten- ignated routes is prohibited. nis players is prohibited.
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(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 the safety of other persons is prohib- George Washington Memorial Parkway ited. upon issuance of a permit by the Re- (c) Model planes. Flying a model pow- gional Director, under the following ered plane from any park area is pro- conditions: hibited without a permit. (A) When operating on a regular (d) Fishing. Unless otherwise des- schedule: to provide passenger service ignated, fishing in a manner authorized on any portion between Mount Vernon under applicable State law is allowed. and the Arlington Memorial Bridge, or (e) Swimming. Bathing, swimming or to provide limited direct nonstop pas- wading in any fountain or pool except senger service from Key Bridge to a where officially authorized is prohib- terminus at the Central Intelligence ited. Bathing, swimming or wading in Agency Building at Langley, Virginia, the Tidal Basin, the Chesapeake and and direct return, or to provide limited Ohio Canal, or Rock Creek, or entering direct nonstop passenger service from from other areas covered by this sec- the interchange at Route 123 to a ter- tion the Potomac River, Anacostia minus at the Central Intelligence River, Washington Channel or George- Agency Building at Langley, Virginia, town Channel, except for the purpose of and direct return. Permittees shall file saving a drowning person, is prohib- a schedule of operation and all sched- ited. ule changes with the Regional Director (f) Commercial vehicles and common showing the number of such vehicles carriers—(1) Operation in park areas pro- and total miles to be operated on the hibited; exceptions. Commercial vehicles parkway. and common carriers, loaded or un- (B) When operating nonscheduled di- loaded, are prohibited on park roads rect, nonstop service primarily for the and bridges except on the section of accommodation of air travelers arriv- Constitution Avenue east of 19th ing at or leaving from Dulles Inter- Street or on other roads and bridges national Airport or Washington Na- designated by the Superintendent, or tional Airport: between Dulles Inter- when authorized by a permit or when national Airport and a terminal in operated in compliance with paragraph Washington, DC, over the George (f)(2) of this section. Washington Memorial Parkway be- (2) George Washington Memorial Park- tween Virginia Route 123 and Key way; passenger-carrying vehicles; permits; Bridge; or between Washington Na- fees. (i) Taxicabs licensed in the Dis- tional Airport and a terminal in Wash- trict of Columbia, Maryland, or Vir- ington, D.C., over the George Wash- ginia, are allowed on any portion of the ington Memorial Parkway between George Washington Memorial Parkway Washington National Airport and 14th without a permit or payment of fees. Street Bridge; or between Dulles Inter- (ii) Passenger-carrying vehicles for national Airport and Washington Na- hire or compensation, other than taxi- tional Airport over the George Wash- cabs, having a seating capacity of not ington Memorial Parkway between more than fourteen (14) passengers, ex- Virginia Route 123 and Washington Na- cluding the operator, when engaged in tional Airport. Permittees shall file a services authorized by concession report of all operations and total miles agreement to be operated from the operated on the George Washington Washington National Airport and/or Memorial Parkway with the Regional Dulles International Airport, are al- Director. lowed on any portion of the George (C) Permits are issued to operators of Washington Memorial Parkway in Vir- vehicles described in paragraphs ginia without a permit or payment of (f)(2)(iii) (A) and (B) normally for a pe- fees. However, when operating on a riod of one year, effective from July 1 sightseeing basis an operator of such a until the following June 30, at the rate vehicle shall comply with paragraph of one cent (1) per mile for each mile (f)(2)(iv) of this section. each such vehicle operates upon the
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parkway. Payment shall be made quar- by one or more persons, the conduct of terly within twenty (20) days after the which has the effect, intent or propen- end of the quarter based upon a certifi- sity to draw a crowd or onlookers. This cation by the operator of the total term does not include casual park use mileage operated upon the parkway. by visitors or tourists which does not (iv) Sightseeing passenger-carrying have an intent or propensity to attract vehicles for hire or compensation other a crowd or onlookers. than taxicabs may be permitted on the (ii) The term ‘‘special events’’ in- George Washington Memorial Parkway cludes sports events, pageants, celebra- upon issuance of a permit by the Re- tions, historical reenactments, regat- gional Director, to provide sightseeing tas, entertainments, exhibitions, pa- service on any portion of the parkway. rades, fairs, festivals and similar Permits may be issued either on an an- events (including such events presented nual basis for a fee of three dollars by the National Park Service), which ($3.00) for each passenger-carrying seat are not demonstrations under para- in such vehicle; on a quarterly basis for graph (g)(1)(i) of this section, and a fee of seventy-five cents (75) per seat; which are engaged in by one or more or on a daily basis at the rate of one persons, the conduct of which has the dollar ($1.00) per vehicle per day. effect, intent or propensity to draw a (3) Taxicabs—(i) Operations around crowd or onlookers. This term also Memorials. Parking, except in des- does not include casual park use by ignated taxicab stands, or cruising on visitors or tourists which does not have the access roads to the Washington an intent or propensity to attract a Monument, the Lincoln Memorial, the crowd or onlookers. Jefferson Memorial, and the circular (iii) The term ‘‘national celebration roads around the same, of any taxicab events’’ means the annually recurring or hack without passengers is prohib- special events regularly scheduled by ited. However, this section does not the National Capital Region, which are prohibit the operation of empty cabs listed in paragraph (g)(4)(i) of this sec- responding to definite calls for hack tion. service by passengers waiting at such Memorials, or of empty cabs which (iv) The term ‘‘White House area’’ have just discharged passengers at the means all park areas, including side- entrances of the Memorials, when such walks adjacent thereto, within these operation is incidental to the empty bounds; on the south, Constitution Av- cabs’ leaving the area by the shortest enue NW.; on the north, H Street NW.; route. on the east, 15th Street, NW.; and on (ii) Stands. The Superintendent may the west, 17th Street NW. designate taxicab stands in suitable (v) The term ‘‘White House sidewalk’’ and convenient locations to serve the means the south sidewalk of Pennsyl- public. vania Avenue NW., between East and (4) The provisions of this section pro- West Executive Avenues NW. hibiting commercial trucks and com- (vi) The term ‘‘Lafayette Park’’ mon carriers do not apply within other means the park areas, including side- Federal reservations in the environs of walks adjacent thereto, within these the District of Columbia and do not bounds: on the south, Pennsylvania Av- apply on that portion of Suitland Park- enue NW.; on the north, H Street NW.; way between the intersection with on the east, Madison Place NW.; and on Maryland Route 337 and the end of the the west, Jackson Place NW. Parkway at Maryland Route 4, a length (vii) The term ‘‘Ellipse’’ means the of 0.6 mile. park areas, including sidewalks adja- (g) Demonstrations and special events— cent thereto, within these bounds: on (1) Definitions. (i) The term ‘‘dem- the south, Constitution Avenue NW.; onstrations’’ includes demonstrations, on the north, E Street, NW.; on the picketing, speechmaking, marching, west, 17th Street NW.; and on the east, holding vigils or religious services and 15th Street NW. all other like forms of conduct which (viii) The term ‘‘Regional Director’’ involve the communication or expres- means the official in charge of the Na- sion of views or grievances, engaged in tional Capital Region, National Park
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Service, U.S. Department of the Inte- (C) U.S. Reservation No. 31. West of rior, or an authorized representative 18th Street and south of H Street NW., thereof. for no more than 100 persons. (ix) The term ‘‘other park areas’’ in- (D) Rock Creek and Potomac Parkway. cludes all areas, including sidewalks West of 23rd Street, south of P Street adjacent thereto, other than the White NW., for no more than 1,000 persons. House area, administered by the Na- (E) U.S. Reservation No. 46. North side tional Capital Region. of Pennsylvania Avenue, west of (x) The term ‘‘Vietnam Veterans Me- Eighth Street and south of D Street, morial’’ means the structures and adja- SE., for no more than 25 persons and cent areas extending to and bounded by south of D Street SE., for no more than the south curb of Constitution Avenue 25 persons. on the north, the east curb of Henry (3) Permit applications. Permit appli- Bacon Drive on the west, the north side cations may be obtained at the Office of the north Reflecting Pool walkway of Public Affairs, National Capital Re- on the south and a line drawn perpen- gion, 1100 Ohio Drive SW., Washington, dicular to Constitution Avenue two DC 20242. Applicants shall submit per- hundred (200) feet from the east tip of mit applications in writing on a form the memorial wall on the east (this is provided by the National Park Service also a line extended from the east side so as to be received by the Regional Di- of the western concrete border of the rector at least 48 hours in advance of steps to the west of the center steps to any proposed demonstration or special the Federal Reserve Building extending event. This 48-hour period will be to the Reflecting Pool walkway). waived by the Regional Director if the size and nature of the activity will not (2) Permit requirements. Demonstra- reasonably require the commitment of tions and special events may be held park resources or personnel in excess of only pursuant to a permit issued in ac- that which are normally available or cordance with the provisions of this which can reasonably be made avail- section except: able within the necessary time period. (i) Demonstrations involving 25 per- The Regional Director shall accept per- sons or fewer may be held without a mit applications only during the hours permit provided that the other condi- of 8 a.m.–4 p.m., Monday through Fri- tions required for the issuance of a per- day, holidays excepted. All demonstra- mit are met and provided further that tion applications, except those seeking the group is not merely an extension of waiver of the numerical limitations ap- another group already availing itself of plicable to Lafayette Park (paragraph the 25-person maximum under this pro- (g)(5)(ii) of this section), are deemed vision or will not unreasonably inter- granted, subject to all limitations and fere with other demonstrations or spe- restrictions applicable to said park cial events. area, unless denied within 24 hours of (ii) Demonstrations may be held in receipt. However, where a permit has the following park areas without a per- been granted, or is deemed to have mit provided that the conduct of such been granted pursuant to this sub- demonstrations is reasonably con- section, the Regional Director may re- sistent with the protection and use of voke that permit pursuant to para- the indicated park area and the other graph (g)(6) of this section. requirements of this section. The nu- (i) White House area. No permit may merical limitations listed below are ap- be issued authorizing demonstrations plicable only for demonstrations con- in the White House area, except for the ducted without a permit in such areas. White House sidewalk, Lafayette Park Larger demonstrations may take place and the Ellipse. No permit may be in these areas pursuant to a permit. issued authorizing special events, ex- (A) Franklin Park. Thirteenth Street, cept for the Ellipse, and except for an- between I and K Streets NW., for no nual commemorative wreath-laying more than 500 persons. ceremonies relating to the statutes in (B) McPherson Square. Fifteenth Lafayette Park. Street, between I and K Streets NW., (ii) Other park areas. No permits may for no more than 500 persons. be issued authorizing demonstrations
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or special events in the following other son Drive NW.; on the north by Madi- park areas: son Drive NW.; on the east by 7th (A) The Washington Monument, Street NW.; on the west by 14th Street which means the area enclosed within NW., for a two-week period in approxi- the inner circle that surrounds the mately late June and early July. Monument’s base, except for the offi- (E) Columbus Day Commemorative cial annual commemorative Wash- Wreath-Laying. At the Columbus statue ington birthday ceremony. on the Union Plaza on Columbus Day. (B) The Lincoln Memorial, which (F) Inaugural ceremonies. The White means that portion of the park area House sidewalk and Lafayette Park, which is on the same level or above the exclusive of the northeast quadrant, base of the large marble columns sur- for the exclusive use of the Inaugual rounding the structure, and the single Committee on Inauguration Day. series of marble stairs immediately ad- (ii) Other demonstrations or special jacent to and below that level, except events are permitted in park areas for the official annual commemorative under permit to the National Celebra- Lincoln birthday ceremony. tion Events listed in this paragraph to (C) The Jefferson Memorial, which the extent that they do not signifi- means the circular portion of the Jef- cantly interfere with the National ferson Memorial enclosed by the outer- Celebration Events. No activity con- most series of columns, and all por- taining structures is permitted closer tions on the same levels or above the than 50 feet to another activity con- base of these columns, except for the taining structures without the mutual official annual commemorative Jeffer- consent of the sponsors of those activi- son birthday ceremony. ties. (D) The Vietnam Veterans Memorial, except for official annual Memorial (iii) A permit may be denied in writ- Day and Veterans Day commemorative ing by the Regional Director upon the ceremonies. Note: The darkened por- following grounds: tions of the diagrams at the conclusion (A) A fully executed prior application of paragraph (g) of this section show for the same time and place has been the areas where demonstrations or spe- received, and a permit has been or will cial events are prohibited. be granted authorizing activities which (4) Permit processing. (i) Permit appli- do not reasonably permit multiple oc- cations for demonstrations and special cupancy of the particular area; in that events are processed in order of receipt, event, an alternate site, if available for and the use of a particular area is allo- the activity, will be proposed by the cated in order of receipt of fully exe- Regional Director to the applicant. cuted applications, subject to the limi- (B) It reasonably appears that the tations set forth in this section. Pro- proposed demonstration or special vided, however, that the following na- event will present a clear and present tional celebration events have priority danger to the public safety, good order, use of the particular park area during or health. the indicated period. (C) The proposed demonstration or (A) Christmas Pageant of Peace. In the special event is of such a nature or du- oval portion of the Ellipse only, during ration that it cannot reasonably be ac- approximately the last three weeks in commodated in the particular area ap- December. plied for; in that event, the Regional (B) Cherry Blossom Festival. In the Director shall propose an alternate site Japanese Lantern area adjacent to the to the applicant, if available for the ac- Tidal Basin and on the Ellipse and the tivity; in this connection, the Regional Washington Monument Grounds adja- Director shall reasonably take into ac- cent to Constitution Avenue, between count possible damage to the park, in- 15th & 17th Streets NW., for six days cluding trees, shrubbery, other plant- usually in late March or early April. ings, park installations and statues. (C) Fourth of July Celebration. On the (D) The application proposes activi- Washington Monument Grounds. ties contrary to any of the provisions (D) Festival of American Folklife. In of this section or other applicable law the area bound on the south by Jeffer- or regulation.
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(5) Permit limitations. Issuance of a (B) The Ellipse and all other park permit is subject to the following limi- areas: Three weeks. tations: (v) The Regional Director may re- (i) No more than 750 persons are per- strict demonstrations and special mitted to conduct a demonstration on events weekdays (except holidays) be- the White House sidewalk at any one tween the hours of 7:00 to 9:30 a.m. and time. 4:00 to 6:30 p.m. if it reasonably appears (ii) No more than 3,000 persons are necessary to avoid unreasonable inter- permitted to conduct a demonstration ference with rush-hour traffic. in Lafayette Park at any one time. (vi) Special events are not permitted (A) The Regional Director may waive unless approved by the Regional Direc- the 3,000 person limitation for Lafay- tor. In determining whether to approve ette Park and/or the 750 person limita- a proposed special event, the Regional tion for the White House Sidewalk Director shall consider and base the de- upon a showing by the applicant that termination upon the following cri- good faith efforts will be made to plan teria: and marshal the demonstration in such (A) Whether the objectives and pur- a fashion so as to render unlikely any poses of the proposed special event re- substantial risk of unreasonable dis- late to and are within the basic mis- ruption or violence. sion and responsibilities of the Na- tional Capital Region, National Park (B) In making a waiver determina- Service. tion, the Regional Director shall con- (B) Whether the park area requested sider and the applicant shall furnish at is reasonably suited in terms of acces- least ten days in advance of the pro- sibility, size, and nature of the pro- posed demonstration, the functions the posed special event. marshals will perform, the means by (C) Whether the proposed special which they will be identified, and their event can be permitted within a rea- method of communication with each sonable budgetary allocation of Na- other and the crowd. This requirement tional Park Service funds considering will be satisfied by completion and sub- the event’s public appeal, and the an- mission of the same form referred to in ticipated participation of the general paragraph (g)(3) of this section. public therein. (iii) No permit will be issued for a (D) Whether the proposed event is du- demonstration on the White House plicative of events previously offered in Sidewalk and in Lafayette Park at the National Capital Region or elsewhere same time except when the organiza- in or about Washington, DC. tion, group, or other sponsor of such (E) Whether the activities con- demonstration undertakes in good templated for the proposed special faith all reasonable action, including event are in conformity with all appli- the provision of sufficient marshals, to cable laws and regulations. insure good order and self-discipline in (vii) In connection with permitted conducting such demonstration and demonstrations or special events, tem- any necessary movement of persons, so porary structures may be erected for that the numerical limitations and the purpose of symbolizing a message waiver provisions described in para- or meeting logistical needs such as graphs (g)(5) (i) and (ii) of this section first aid facilities, lost children areas are observed. or the provision of shelter for elec- (iv) No permit will be issued author- trical and other sensitive equipment or izing demonstrations or special events displays. Temporary structures may in excess of the time periods set out not be used outside designated camping below: Provided, however, that the stat- areas for living accommodation activi- ed periods will be extended for dem- ties such as sleeping, or making prep- onstrations only, unless another appli- arations to sleep (including the laying cation requests use of the particular down of bedding for the purpose of area and said application precludes sleeping), or storing personal belong- double occupancy: ings, or making any fire, or doing any (A) White House area, except the El- digging or earth breaking or carrying lipse: Seven days. on cooking activities. The above-listed
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activities constitute camping when it three-quarter of an inch by three-quar- reasonably appears, in light of all the ter of an inch. Stationary signs or plac- circumstances, that the participants, ards shall be no closer than three feet in conducting these activities, are in from the White House sidewalk fence. fact using the area as a living accom- All signs and placards shall be attended modation regardless of the intent of at all times that they remain on the the participants or the nature of any White House sidewalk. Signs or plac- other activities in which they may also ards shall be considered to be attended be engaging. Temporary structures are only when they are in physical contact permitted to the extent described with a person. No signs or placards above, provided prior notice has been shall be tied, fastened, or otherwise at- given to the Regional Director, except tached to or leaned against the White that: House fence, lamp posts or other struc- (A) Structures are not permitted on tures on the White House sidewalk. No the White House sidewalk. signs or placards shall be held, placed (B) All such temporary structures or set down on the center portion of shall be erected in such a manner so as the White House sidewalk, comprising not to harm park resources unreason- ten yards on either side of the center ably and shall be removed as soon as point on the sidewalk; Provided, how- practicable after the conclusion of the ever, that individuals may demonstrate permitted demonstration or special while carrying signs on that portion of event. the sidewalk if they continue to move (C) The Regional Director may im- along the sidewalk. pose reasonable restrictions upon the (ix) No parcel, container, package, use of temporary structures in the in- bundle or other property shall be terest of protecting the park areas in- placed or stored on the White House volved, traffic and public safety consid- sidewalk or on the west sidewalk of erations, and other legitimate park East Executive Avenue NW., between value concerns. Pennsylvania Avenue NW., and E (D) Any structures utilized in a dem- Street NW., or on the north sidewalk of onstration extending in duration be- E Street NW., between East and West yond the time limitations specified in Executive Avenues NW.; Provided, how- paragraphs (g)(5)(iv) (A) and (B) of this ever, that such property, except struc- section shall be capable of being re- tures, may be momentarily placed or moved upon 24 hours notice and the set down in the immediate presence of site restored, or, the structure shall be the owner on those sidewalks. secured in such a fashion so as not to (x) The following are prohibited in interfere unreasonably with use of the Lafayette Park: park area by other permittees author- (A) The erection, placement or use of ized under this section. structures of any kind except for the (E) Individuals or groups of 25 per- following: sons or fewer demonstrating under the (1) Structures that are being hand- small group permit exemption of para- carried are allowed. graph (g)(2)(i) of this section are not al- (2) When one hundred (100) or more lowed to erect temporary structures persons are participating in a dem- other than small lecterns or speakers’ onstration in the Park, a temporary platforms. This provision does not re- speaker’s platform as is reasonably re- strict the use of portable signs or ban- quired to serve the demonstration par- ners. ticipants is allowed as long as such (viii) No signs or placards shall be platform is being erected, dismantled permitted 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
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‘‘soapbox’’ speaker’s platform is al- a height of six (6) feet above the ground lowed as long as such platform is being at their highest point, may not be ar- erected, dismantled or used, providing ranged or combined in a manner so as that only one speaker’s platform is al- to exceed the size limitations set forth lowed per demonstrating group, and in this paragraph, and may not be ar- provided further that the speaker’s plat- ranged in such a fashion as to form an form is no larger than three (3) feet in enclosure of two (2) or more sides. For length, three (3) feet in width, and example, under this provision, two three (3) feet in height, and provided four-feet by four-feet signs may not be further that such speaker’s platform is combined so as to create a sign eight authorized by a permit issued pursuant feet long and four feet wide, and three to paragraph (g) of this section. such signs may not be arranged to cre- (4) For the purpose of this section, ate a sign four feet long and twelve feet the term ‘‘structure’’ includes props wide, and two or more signs of any size and displays, such as coffins, crates, may not be leaned or otherwise placed crosses, theaters, cages, and statues; together so as to form an enclosure of furniture and furnishings, such as two or more sides, etc. desks, chairs, tables, bookcases, cabi- (xi) Stages and sound amplification nets, platforms, podiums and lecterns; may not be placed closer than one hun- shelters, such as tents, boxes and other dred (100) feet from the boundaries of enclosures; wagons and carts; and all the Vietnam Veterans Memorial and other similar types of property which sound systems shall be directed away might tend to harm park resources in- from the memorial at all times. cluding aesthetic interests. Provided (xii) Sound amplification equipment however that the term ‘‘structure’’ does is allowed in connection with per- not include signs; bicycles, baby car- mitted demonstrations or special riages and baby strollers lawfully in events, provided prior notice has been the Park that are temporarily placed given to the Regional Director, except in, or are being moved across, the that: Park, and that are attended at all (A) Sound amplification equipment times while in the Park (the term ‘‘at- may not be used on the White House tended’ is defined as an individual sidewalk, other than hand-portable being within three (3) feet of his or her sound amplification equipment which bicycle, baby carriage or baby stroller); the Regional Director determines is and wheelchairs and other devices for necessary for crowd-control purposes. the handicapped in use by handicapped (B) The Regional Director reserves persons. the right to limit the sound amplifi- (B) The use of signs except for the cation equipment so that it will not following: unreasonably disturb nonparticipating (1) Hand-carried signs are allowed re- persons in, or in the vicinity of, the gardless of size. area. (2) Signs that are not being hand-car- (xiii) A permit may contain addi- ried and that are no larger than four (4) tional reasonable conditions and addi- feet in length, four (4) feet in width and tional time limitations, consistent one-quarter (1⁄4) inch in thickness (ex- with this section, in the interest of clusive of braces that are reasonably protecting park resources, the use of 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 (xiv) 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.
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(6) Permit revocation. A permit issued safety, good order or health or for any for a demonstration is revocable only violation of applicable law or regula- upon a ground for which an application tion. A permit issued for a special therefor would be subject to denial event is revocable, at any time, in the under paragraphs (g) (4) or (5) of this reasonable discretion of the Regional section. Any such revocation, prior to Director. the conduct of the demonstration, shall (7) Further information on admin- be in writing and shall be approved by istering these regulations can be found the Regional Director. During the con- in policy statements published at 47 FR duct of a demonstration, a permit may 24299, June 4, 1982, and at 47 FR 24302, be revoked by the ranking U.S. Park Police supervisory official in charge if June 4, 1982. Copies of the policy state- continuation of the event presents a ments may be obtained from the Re- clear and present danger to the public gional Director.
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(h) Soliciting. Soliciting or demanding modation purposes such as sleeping ac- gifts, money, goods or services is pro- tivities, or making preparations to hibited. sleep (including the laying down of (i) Camping. (1) Camping is defined as bedding for the purpose of sleeping), or the use of park land for living accom- storing personal belongings, or making
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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 camp- including, but not limited to, those ground. portions of Ford’s Theatre adminis- (2) Further information on admin- 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 stand or structure may consist of one Bacon Drive sidewalks adjacent to the table per site, which may be no larger Vietnam Veterans Memorial.
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(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] cost or donation. (l) Rock Creek Park. (1) Notwith- § 7.97 Golden Gate National Recre- standing the provisions of 36 CFR 5.1, ation Area. the Superintendent of Rock Creek (a) Boat landings—Alcatraz Island. Ex- Park may permit the recognition of cept in emergencies, the docking of and the advertising by the primary any privately-owned vessel, as defined sponsor or sponsors of not more than in § 1.4 of this chapter, or the landing of two professional tennis tournaments any person at Alcatraz Island without per year at the Rock Creek Tennis Cen- a permit or contract is prohibited. The ter. Superintendent may issue a permit (2) All activities conducted under upon a determination that the appli- this paragraph shall be appropriate to cant’s needs cannot be provided by au- park values and consistent with the thorized commercial boat transpor- protection of park resources and shall tation to Alcatraz Island and that the comply with criteria specified in a proposed activities of the applicant are written permit. compatible with the preservation and (3) Any permit issued under this protection of Alcatraz Island. paragraph shall be valid only for those (b) Powerless flight. The use of devices periods of time during which a profes- designed to carry persons through the sional tennis tournament is being held, air in powerless flight is allowed at and shall limit all advertising and rec- times and locations designated by the ognition to the confines of the tennis superintendent, pursuant to the terms stadium structure and the contiguous and conditions of a permit. paved plaza, not to include any of the (c) Designated bicycle routes. The use fields or paved parking lots except of a bicycle is permitted according to within the interior of permitted tents § 4.30 of this chapter and, in non-devel- on Parking Lot A. These areas shall be oped areas, as follows: marked on a map available in the Su- (1) Bicycle use is permitted on routes perintendent’s office. which have been designated by the Su- (4) No advertising or recognition ac- perintendent as bicycle routes by the tivities may take place without a writ- posting of signs, and as designated on ten permit as specified in this para- maps which are available in the office graph. Any person who violates a pro- of the superintendent and other places vision of this paragraph is subject to convenient to the public. the penalty provisions of 36 CFR 1.3 (2) Bicycle speed limits are as fol- and revocation of the permit if a per- lows: mit exists. (i) 15 miles per hour: Upon all des- (m) Information collection. The infor- ignated routes in Golden Gate National mation collection requirements con- Recreation Area. tained in this section have been ap- (ii) 5 miles per hour: On blind curves proved by the Office of Management and when passing other trail users. and Budget under 44 U.S.C. 3507 and as- (3) The following are prohibited: signed clearance number 1024–0021. The (i) The possession of a bicycle on information is being collected to pro- routes not designated as open to bicy- vide notification to park managers, cle use. United States Park Police, Metropoli- (ii) Operating a bicycle on designated tan Police, and the Secret Service of bicycle routes between sunset and sun- the plans of organizers of large-scale rise without exhibiting on the bicycle demonstrations and special events in or on the operator an activated white order to assist in the provision of secu- light that is visible from a distance of
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at least 500 feet to the front and with a (c) Employee includes any individual red light or reflector visible from at employed by a concessioner in connec- least 200 feet to the rear. tion with operations covered by a con- tract with or permit from the Sec- [38 FR 32931, Nov. 29, 1973, as amended at 49 FR 18452, Apr. 30, 1984; 57 FR 58716, Dec. 11, retary or the Director. 1992] (d) Executive or department head in- cludes any employee whose primary § 7.100 Appalachian National Scenic duty is the management of the busi- Trail. ness of the concessioner, or a custom- (a) The use of bicycles, motorcycles, arily recognized department thereof, snowmobiles, or other motor vehicles and who customarily and regularly di- is prohibited. rects the work of other employees with (b) The use of horses or pack animals authority to employ and discharge is prohibited, except in locations des- other employees, or whose suggestions ignated for their use. and recommendations as to the em- ployment, discharge, advancement or (c) Powerless flight. The use of devices promotion of such employees will be designed to carry persons through the given particular weight by the conces- air in powerless flight is allowed at sioner, and who customarily and regu- times and locations designated by the larly exercises discretionary powers. Park Manager, pursuant to the terms (e) State means any State, Territory, and conditions of a permit. possession, or the District of Columbia. [48 FR 30291, June 30, 1983, as amended at 61 [24 FR 11053, Dec. 30, 1959, as amended at 62 FR 28506, June 5, 1996] FR 30234, June 3, 1997] 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 agricul- tural 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
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are carried on in areas having no resi- National Park Service, may appeal to dent population or are located at long the Director, Office of Hearings and distances from a supply of available Appeals, in accordance with the gen- labor; employees whose employment eral rules set forth in Department requires special or technical training Hearings and Appeals Procedures, 43 or skill, where no person capable of CFR part 4, subpart B, and the special providing relief is available within a procedural rules in subpart G of 43 CFR reasonable distance; employees in part 4, applicable to proceedings in ap- small units accessible only by trail or peals cases which do not lie within the remote from centers of activity, or op- appellate jurisdiction of an established erating on a small volume of business Appeals Board of the Office of Hearings primarily for the convenience of the and Appeals. public. [36 FR 7184, Apr. 15, 1971. Redesignated at 51 § 8.4 Federal and State labor laws. FR 24656, July 8, 1986] A concessioner shall comply with all § 8.7 Record keeping. standards established pursuant to Fed- eral or State labor laws, such as those Concessioners shall for a period of 3 concerning minimum wages, child years keep records of the name, age, labor, hours of work, and safety, that address, and occupation of each of their apply in the State in which the conces- employees, the rate of pay and the sion facility is located. All conces- amount paid to each employee each sioners shall comply with Federal child pay day, the hours worked each day labor regulations regardless of their and each work week by each employee 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 ef- [24 FR 11053, Dec. 30, 1959. Redesignated at 51 fect with the Director of the National FR 24656, July 8, 1986] Park Service.
§ 8.6 Complaints; appeal. [24 FR 11053, Dec. 30, 1959. Redesignated at 51 FR 24656, July 8, 1986] Any question pertaining to the inter- pretation 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 employee representative may be re- employees copies of the regulations in ferred for review by any of the parties this part in such form as the Director concerned to the Director, National may approve. Park Service. Any person adversely af- [24 FR 11053, Dec. 30, 1959. Redesignated at 51 fected by the decision of the Director, FR 24656, July 8, 1986]
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PART 9—MINERALS MANAGEMENT 9.86 Application review process and ap- proval standards. 9.87 Permitting requirements and stand- Subpart A—Mining and Mining Claims ards. 9.88 Permit modification, suspension, and Sec. cancellation. 9.1 Purpose and scope. 9.89 Appeals. 9.2 Definitions. 9.3 Access permits. 9.4 Surface disturbance moratorium. Subpart A—Mining and Mining 9.5 Recordation. Claims 9.6 Transfers of interest. 9.7 Assessment work. 9.8 Use of water. AUTHORITY: Mining Law of 1872 (R.S. 2319; 9.9 Plan of operations. 30 U.S.C. 21 et seq.); Act of August 25, 1916 (39 9.10 Plan of operations approval. Stat. 535, as amended (16 U.S.C. 1 et seq.); 9.11 Reclamation requirements. Act of September 28, 1976; 90 Stat. 1342 (16 9.12 Supplementation or revision of plan of U.S.C. 1901 et seq.)). operations. SOURCE: 42 FR 4835, Jan. 26, 1977, unless 9.13 Performance bond. otherwise noted. 9.14 Appeals. 9.15 Use of roads by commercial vehicles. § 9.1 Purpose and scope. 9.16 Penalties. These regulations control all activi- 9.17 Public inspection of documents. 9.18 Surface use and patent restrictions. ties within units of the National Park System resulting from the exercise of Subpart B—Non-Federal Oil and Gas Rights valid existing mineral rights on pat- ented or unpatented mining claims 9.30 Purpose and scope. without regard to the means or route 9.31 Definitions. by which the operator gains access to 9.32 Access. the claim. The purpose of these regula- 9.33 Existing operations. 9.34 Transfers of interest. tions is to insure that such activities 9.35 Use of water. are conducted in a manner consistent 9.36 Plan of operations. with the purposes for which the Na- 9.37 Plan of operations approval. tional Park System and each unit 9.38 Temporary approval. thereof were created, to prevent or 9.39 Reclamation requirements. minimize damage to the environment 9.40 Supplementation or revision of plan of or other resource values, and to insure operations. that the pristine beauty of the units is 9.41 Operating standards. 9.42 Well records and reports, plots and preserved for the benefit of present and maps, samples, tests, and surveys. future generations. These regulations 9.43 Precautions necessary in areas where apply to all operations, as defined here- high pressures are likely to exist. in, conducted within the boundaries of 9.44 Open flows and control of ‘‘wild’’ wells. any unit of the National Park System. 9.45 Handling of wastes. 9.46 Accidents and fires. [53 FR 25162, July 2, 1988] 9.47 Cultural resource protection. 9.48 Performance bond. § 9.2 Definitions. 9.49 Appeals. The terms used in this part shall 9.50 Use of roads by commerical vehicles. have the following meanings: 9.51 Damages and penalties. (a) Secretary. The Secretary of the In- 9.52 Public inspection of documents. terior. Subpart C [Reserved] (b) Operations. All functions, work and activities in connection with min- Subpart D—Alaska Mineral Resource ing on claims, including: prospecting, Assessment Program exploration, surveying, development and extraction; dumping mine wastes 9.80 Purpose. and stockpiling ore; transport or proc- 9.81 Scope and applicability. essing of mineral commodities; rec- 9.82 Definitions. 9.83 Coordination of AMRAP activities in lamation of the surface disturbed by National Park System units. such activities; and all activities and 9.84 Application requirements. uses reasonably incident thereto, in- 9.85 Environmental compliance. cluding construction or use of roads or
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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 lands. [42 FR 4835, Jan. 26, 1977, as amended at 60 (c) Operator. A person conducting or FR 55791, Nov. 3, 1995; 62 FR 30234, June 3, 1997] proposing to conduct operations. (d) Person. Any individual, partner- § 9.3 Access permits. ship, corporation, association, or other entity. (a) All special use or other permits (e) Superintendent. The Super- dealing with access to and from claims intendent, or his designee, of the unit within any unit are automatically re- of the National Park System con- voked 120 days after January 26, 1977. taining claims subject to these regula- All operators seeking new or continued tions. access to and from a claim after that (f) Surface mining. Mining in surface date must file for new access permits excavations, including placer mining, in accordance with these regulations, mining in open glory-holes or mining unless access to a mining claim is by pits, mining and removing ore from pack animal or foot. (See § 9.7 for re- open cuts, and the removal of capping strictions on assessment work and or overburden to uncover ore. § 9.9(d) and § 9.10(g) for extensions of (g) The Act. The Act of September 28, permits.) 1976, 90 Stat. 1342, 16 U.S.C. 1901 et seq. (b) Prior to the issuance of a permit (h) Commercial vehicle. Any motorized for access to any claim or claims, the equipment used for transporting the operator must file with the Super- product being mined or excavated, or intendent a plan of operations pursu- for transporting heavy equipment used ant to § 9.9. No permit shall be issued in mining operations. until the plan of operations has been (i) Unit. Any National Park System approved in accordance with § 9.10. area containing a claim or claims sub- (c) No access to claims outside a unit ject to these regulations. will be permitted across unit lands un- (j) Claimant. The owner, or his legal representative, of any claim lying less such access is by foot, pack ani- within the boundaries of a unit. mal, or designated road. Persons using (k) Claim. Any valid, patented or such roads for access to such claims unpatented mining claim, mill site, or must comply with the terms of § 9.15 tunnel site. where applicable. (l) Significantly disturbed for purposes (d) In units of the National Park Sys- of mineral extraction. Land will be con- tem in Alaska, regulations at 43 CFR sidered significantly disturbed for pur- part 36 govern access to claims, and the poses of mineral extraction when there provisions of 36 CFR 9.3 (a), (b) and (c) has been surface extraction of commer- are inapplicable. cial amounts of a mineral, or signifi- [42 FR 4835, Jan. 26, 1977, as amended at 53 cant amounts of overburden or spoil FR 25162, July 5, 1988] have been displaced due to the extrac- tion of commercial amounts of a min- § 9.4 Surface disturbance moratorium. eral. Extraction of commercial amounts is defined as the removal of (a) For a period of four years after ore from a claim in the normal course September 28, 1976, no operator of a of business of extraction for processing claim located within the boundaries of or marketing. It does not encompass Death Valley National Monument, the removal of ore for purposes of test- Mount McKinley National Park, or ing, experimentation, examination or Organ Pipe Cactus National Monument preproduction activities. (see also claims subject to § 9.10(a)(3)) (m) Designated roads. Those existing shall disturb for purposes of mineral roads determined by the Super- exploration or development the surface intendent in accordance with 36 CFR of any lands which had not been sig- 1.5 to be open for the use of the public nificantly disturbed for purposes of or an operator. 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 con- tiguous 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 re- mit 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 alter- ations 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 ap- § 9.17 Public inspection of documents. peal and specify the reason(s) for delay. 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 this part shall be made available for (e) A decision of the Regional Direc- public inspection at the Office of Su- tor from which an appeal is taken shall perintendent during normal business not be automatically stayed by the fil- hours. The availability of such records ing of a statement of appeal. A request for inspection shall be governed by the for a stay may accompany the state- rules and regulations found at 43 CFR ment of appeal or may be directed to part 2. the Director. The Director shall promptly rule on requests for stays. A § 9.18 Surface use and patent restric- decision of the Director on request for tions. a stay shall constitute a final adminis- (a) The regulations in 43 CFR 3826.2– trative decision. 5 and 3826.2–6, 3826.4–1(g) and 3826.4–1(h), and 3826.5–3 and 3826.5–4 will apply to § 9.15 Use of roads by commercial ve- any claimant who wishes to take his hicles. 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. [42 FR 4835, Jan. 26, 1977, as amended at 48 (2) An adjustment of the fee may be FR 30296, June 30, 1983] made at the discretion of the Super- intendent where a cooperative mainte- Subpart—B—Non-Federal Oil and nance agreement is entered into with the operator. Gas Rights (b) No commercial vehicle which ex- ceeds roadway load limits specified by AUTHORITY: Act of August 25, 1916, 39 Stat. the Superintendent shall be used on 535 (16 U.S.C. 1, et seq.); and the acts estab- lishing the units of the National Park Sys- roads administered by the National tem, including but not limited to: Act of Park Service unless authorized by April 25, 1947, 61 Stat. 54 (16 U.S.C. 241, et written permit from the Super- seq.); Act of July 2, 1958, 72 Stat. 285 (16 intendent. U.S.C. 410, et seq.); Act of October 27, 1972, 86
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Stat. 1312 (16 U.S.C. 460dd, et seq.): Act of Oc- only to the exploratory phase, allowing tober 11, 1974, 88 Stat. 1256 (16 U.S.C. 698– careful preparation of a plan for the 698e); Act of October 11, 1974, 88 Stat. 1258 (16 production phase after exploration is U.S.C. 698f–698m); Act of December 27, 1974, 88 completed. This allows for phased rec- Stat. 1787 (16 U.S.C. 460ff et seq.). lamation and bonding at a level com- SOURCE: 43 FR 57825, Dec. 8, 1978, unless mensurate with the level of operations otherwise noted. approved. However, it must be noted that because of potential cumulative § 9.30 Purpose and scope. impacts, and because of qualitative dif- (a) These regulations control all ac- ferences in the nature of the oper- tivities within any unit of the National ations, approval of a plan of operations Park System in the exercise of rights covering one phase of operations does to oil and gas not owned by the United not guarantee later approval of a plan States where access is on, across or of operations covering a subsequent through federally owned or controlled phase. lands or waters. Such rights arise most [43 FR 57825, Dec. 8, 1978, as amended at 44 frequently in one of two situations: (1) FR 37914, June 29, 1979] When the land is owned in fee, includ- ing the right to the oil and gas, or (2) § 9.31 Definitions. When in a transfer of the surface estate The terms used in this subpart shall to the United States, the grantor re- have the following meanings: served the rights to the oil and gas. (a) Secretary. The Secretary of the In- These regulations are designed to in- terior. sure that activities undertaken pursu- (b) Director. The Director of the Na- ant to these rights are conducted in a tional Park Service or his designee. manner consistent with the purposes (c) Operations. All functions, work for which the National Park System and activities within a unit in connec- and each unit thereof were created, to tion with exploration for and develop- prevent or minimize damage to the en- ment of oil and gas resources, the right vironment and other resource values, to which is not owned by the United and to insure to the extent feasible States, including: gathering basic in- that all units of the National Park formation required to comply with this System are left unimpaired for the en- subpart, prospecting, exploration, sur- joyment of future generations. veying, preproduction development and These regulations are not intended to production; gathering, onsite storage, result in the taking of a property inter- transport or processing of petroleum est, but rather to impose reasonable products; surveillance, inspection, regulations on activities which involve monitoring, or maintenance of equip- and affect federally-owned lands. ment; reclamation of the surface dis- (b) Regulations controlling the exer- turbed by such activities; and all ac- cise of minerals rights obtained under tivities and uses reasonably incident the Mining Law of 1872 in units of the thereto performed within a unit, in- National Park System can be found at cluding construction or use of roads, 36 CFR part 9, subpart A. In area where pipelines, or other means of access or oil and gas are owned by the United transportation on, across, or through States, and leasing is authorized, the federally owned or controlled lands and applicable regulations can be found at waters, regardless of whether such ac- 43 CFR, Group 3100. tivities and uses take place on Federal, (c) These regulations allow operators State or private lands. the flexibility to design plans of oper- (d) Operator. A person conducting or ations only for that phase of operations proposing to conduct operations. contemplated. Each plan need only de- (e) Person. Any individual, firm, part- scribe those functions for which the op- nership, corporation, association, or erator wants immediate approval. For other entity. instance, it is impossible to define, at (f) Superintendent. The Super- the beginning of exploratory activity, intendent, or his designee, of the unit the design that production facilities of the National Park System con- might take. For this reason, an oper- taining lands subject to the rights cov- ator may submit a plan which applies ered by these regulations.
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(g) Commercial Vehicle. Any motorized the United States to a site for oper- equipment used in direct or indirect ations will be granted except for oper- support of operations. ations covered by § 9.33 and, except as (h) Unit. Any National Park System provided by § 9.38, until the operator area. has filed a plan of operations pursuant (i) Owner. The owner, or his legal rep- to § 9.36 and has had the plan of oper- resentative, of the rights to oil and gas ations approved in accordance with being exercised. § 9.37. An approved plan of operations (j) Designated Roads. Those existing serves as the operator’s access permit. roads determined by the Super- (b) No operations shall be conducted intendent in accordance with 36 CFR on a site within a unit, access to which 1.5 and § 4.19 to be open for the use of is on, across or through federally- the general public or for the exclusive owned or controlled lands or waters ex- use of an operator. cept in accordance with an approved (k) Oil. Any viscous combustible liq- plan of operations, the terms of § 9.33 or uid hydrocarbon or solid hydrocarbon approval under § 9.38. substance easily liquifiable on warm- (c) Any operator intending to use air- ing which occurs naturally in the craft of any kind for access to a feder- earth, including drip gasoline or other ally-owned or controlled site must natural condensates recovered from gas comply with these regulations. Failure without resort to manufacturing proc- ess. of an operator to receive the proper ap- (l) Gas. Any fluid, either combustible proval under these regulations prior to or noncombustible, which is produced using aircraft in this manner is a viola- in a natural state from the earth and tion of both these regulations and 36 which maintains a gaseous or rarefied CFR 2.17. state at ordinary temperature and (d) No access to a site outside a unit pressure conditions. will be permitted across unit lands un- (m) Site. Those lands or waters on less such access is by foot, pack ani- which operations are to be carried out. mal, or designated road. Persons using (n) Contaminating substances. Those designated roads for access to such a substances, including but not limited site must comply with the terms of to, salt water or any other injurious or § 9.50 where applicable. toxic chemcial, waste oil or waste (e) Any operator on a site outside the emulsified oil, basic sediment, mud boundaries of a unit must comply with with injurious or toxic additives, or in- these regulations if he is using direc- jurious or toxic substances produced or tional drilling techniques which result used in the drilling, development, pro- in the drill hole crossing into the unit duction, transportation, or on-site and passing under any land or water storage, refining, and processing of oil the surface of which is owned by the and gas. United States. Except, that the oper- (o) Statement for Management. A Na- ator need not comply in those areas tional Park Service planning document where, upon application of the operator used to guide short- and long-term or upon his own action, the Regional management of a unit; to determine Director is able to determine from the nature and extent of planning re- available data, that such operations quired to meet the unit’s management pose no significant threat of damage to objectives; and, in the absence of more park resources, both surface and sub- specific planning documents, to pro- surface, resulting from surface subsid- vide a general framework for directing ence, fracture of geological formations park operations and communicating with resultant fresh water acquifer park objectives to the public. contamination, or natural gas escape, or the like. [43 FR 57825, Dec. 8, 1978; 44 FR 37914, June 29, 1979, as amended at 60 FR 55791, Nov. 3, 1995; 62 FR 30234, June 3, 1997] § 9.33 Existing operations. (a) Any person conducting operations § 9.32 Access. on January 8, 1979 in accordance with a (a) No access on, across or through Federal or State issued permit may lands or waters owned or controlled by continue to do so as provided by this
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section. After expiration of such exist- right to appeal the suspension under ing permits no operations shall be con- § 9.48. ducted except under an approved plan [43 FR 57825, Dec. 8, 1978; 44 FR 37914, June 29, of operations, unless access is granted 1979] by the Regional Director under § 9.38. (1) All Federal special use permits § 9.34 Transfers of interest. dealing with access on, across or (a) Whenever an owner of rights through lands or waters owned or con- being exercised under an approved plan trolled by the United States to a site of operations sells, assigns, bequeaths, for the conduct of operations within or otherwise conveys all or any part of any unit issued prior to January 8, 1979 those rights, he, his agent, executor, or shall expire according to their terms representative must notify the Super- and shall not be renewed, unless by the intendent within sixty (60) days of the terms of the existing permit it must be transfer of: the site(s) involved; the renewed. name and address of the person to (2) All operations on a site in a unit whom an interest has been conveyed; access to which is on, across, or and a description of the interest trans- through federally owned or controlled ferred. Failure to so notify the Super- lands or waters conducted pursuant to intendent shall render the approval of a valid State access permit may be any previously approved plan of oper- continued for the term of that permit, ations void. exclusive of any renewal period wheth- (b) The transferring owner shall re- er mandatory or discretionary, if con- main responsible for compliance with ducted in accordance with the permit. the plan of operations and shall remain (b) Any person conducting operations liable under his bond until such time as the Superintendent is notified of the on January 8, 1979 in a unit where Fed- transfer in accordance with paragraph eral or State permits were not required (a). At that time the Superintendent prior to January 8, 1979 may continue will prohibit the new owner from oper- those operations pending a final deci- ating until such time as the new owner sion on his plan of operations; Provided, has filed with the Superintendent: (1) A That: statement ratifying the existing plan (1) The operator (within thirty (30) of operations and stating his intent to days of January 8, 1979), notifies the be bound thereby, or a new plan of op- Superintendent in writing of the na- erations, and (2) a suitable substitute ture and location of the operations; performance bond which complies with and the requirements of § 9.48. (2) Within sixty (60) days after such notification, the operator submits, in § 9.35 Use of water. accordance with these regulations, a No operator may use for operations substantially complete proposed plan any water from a point of diversion of operations for those operations; which is within the boundaries of any (3) Failure to comply with § 9.33(b) (1) unit unless authorized in writing by and (2) shall constitute grounds for the the Regional Director. The Regional suspension of operations. Director shall not approve a plan of op- (c) At any time when operations erations requiring the use of water which are allowed to continue under from such source unless the operator § 9.33 (a) and (b) pose an immediate shows either that his right to the use threat of significant injury to federally of the water is superior to any claim of owned or controlled lands or waters, the United States to the water, or where the operator’s claim to the the Superintendent shall require the water is subordinate to that of the operator to suspend operations imme- United States that the removal of the diately until the threat is removed or water from the water system will not remedied. The Superintendent must, damage the unit’s resources. In either within five (5) days of this suspension situation, the operator’s use of water notify the operator in writing of the must comply with appropriate State reasons for the suspension and of his water laws.
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§ 9.36 Plan of operations. transporting such equipment to and from the site; (a) The proposed plan of operations shall include, as appropriate to the pro- (6) An estimated timetable for any posed operations, the following: phase of operations for which approval is sought and the anticipated date of (1) The names and legal addresses of operation completion; the following persons: The operator, and the owner(s) or lessee(s) (if rights (7) The geologic name of the surface are State-owned) other than the oper- formation; ator; (8) The proposed drilling depth, and (2) Copy of the lease, deed, designa- the estimated tops of important geo- tion of operator, or assignment of logic markers; rights upon which the operator’s right (9) The estimated depths at which an- to conduct operations is based; ticipated water, brines, oil, gas, or (3) A map or maps showing the loca- other mineral bearing formations are tion of the perimeter of the area where expected to be encountered; the operator has the right to conduct (10) The nature and extent of the operations, as described in § 9.36(a)(2), known deposit or reservoir to be pro- referenced to the State plane coordi- duced and a description of the proposed nate system or other public land sur- operations, including: vey as acceptable to the Super- (i) The proposed casing program, in- intendent; cluding the size, grade, and weight of (4) A map or maps showing the loca- each string, and whether it is new or tion, as determined by a registered used; land surveyor or civil engineer, of a (ii) The proposed setting depth of point within a site of operations show- each casing string, and the amount of ing its relationship to the perimeter of type of cement, including additives, to the area described in § 9.36(a)(2) and to be used; the perimeter of the site of operations; (iii) The operator’s minimum speci- the location of existing and proposed fications for pressure control equip- access roads or routes to the site; the ment which is to be used, a schematic boundaries of proposed surface disturb- diagram thereof showing sizes, pressure ance; the location of proposed drilling; ratings, and the testing procedures and location and description of all surface testing frequency; facilities including sumps, reserve pits (iv) The type and characteristics of and ponds; location of tank batteries, the proposed circulating medium or production facilities and gathering, mediums to be employed for rotary service and transmission lines; wellsite drilling and the quantities and types of layout; sources of construction mate- mud and weighting material to be rials such as fill; and the location of maintained; ancillary facilities such as camps, sani- tary facilities, water supply and dis- (v) The testing, logging, and coring posal facilities, and airstrips. The point programs to be followed; within the site of operations identified (vi) Anticipated abnormal pressures by registered land surveyor or civil en- or temperatures expected to be encoun- gineer shall be marked with a perma- tered; or potential hazards to persons nent ground monument acceptable to and the environment such as hydrogen the Superintendent, shall contain the sulfide gas or oil spills, along with point’s State plane coordinate values, plans for mitigation of such hazards; and shall be placed at least to an accu- (11) A description of the steps to be racy of third order, class I, unless oth- taken to comply with the applicable erwise authorized by the Super- operating standards of § 9.41 of this sub- intendent; part; (5) A description of the major equip- (12) Provisions for reclamation which ment to be used in the operations, in- will result in compliance with the re- cluding a description of equipment and quirements of § 9.39: methods to be used for the transport of (13) A breakdown of the estimated all waters used in or produced by oper- costs to be incurred during the imple- ations, and of the proposed method of mentation of the reclamation plan;
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(14) Methods for disposal of all rub- (b) Where any information required bish and other solid and liquid wastes, to be submitted as part of a proposed and contaminating substances; plan of operations has been submitted (15) An affidavit stating that the op- to the Superintendent in substantially erations planned are in compliance the same form in a prior approved plan with all applicable Federal, State and of operations, a specific cross-reference local laws and regulations; to that information contained in the (16) Background information, includ- prior approved plan of operations will ing: be sufficient to incorporate it into the (i) A description of the natural, cul- proposed plan and will satisfy the ap- tural, social and economic environ- plicable requirement of this section. ments to be affected by operations, in- (c) Information and materials sub- cluding a description and/or map(s) of mitted in compliance with this section the location of all water, abandoned, will not constitute a plan of operations temporarily abandoned, disposal, pro- until information required by § 9.36(a) duction, and drilling wells of public (1) through (18), which the Super- record within a two-mile radius of the intendent determines as pertinent to proposed site. Where such information the type of operations proposed, has is available from documents identified been submitted to and determined ade- in § 9.36(d), specific reference to the quate by the Regional Director. document and the location within the (d) In all cases the plan of operations document where such information can must consider and discuss the unit’s be found will be sufficient to satisfy Statement for Management and other this requirement; planning documents as furnished by (ii) The anticipated direct and indi- the Superintendent, and activities to rect effects of the operations on the control, minimize or prevent damage unit’s natural, cultural, social, and to the recreational, biological, phys- economic environment; ical, scientific, cultural, and scenic re- (iii) Steps to be taken to insure min- sources of the unit, and any reclama- imum surface disturbance and to miti- tion procedures suggested by the Su- gate any adverse environmental ef- perintendent. fects, and a discussion of the impacts which cannot be mitigated; [43 FR 57825, Dec. 8, 1978; 44 FR 37914, June 29, (iv) Measures to protect surface and 1979] subsurface waters by means of casing § 9.37 Plan of operations approval. and cement, etc.; (v) All reasonable technologically (a) The Regional Director shall not feasible alternative methods of oper- approve a plan of operations: ations, their costs, and their environ- (1) Until the operator shows that the mental effects, and operations will be conducted in a man- (vi) The effects of the steps to be ner which utilizes technologically fea- taken to achieve reclamation; sible methods least damaging to the (17) Any other facets of the proposed federally-owned or controlled lands, operations which the operator wishes waters and resources of the unit while to point out for consideration; and assuring the protection of public (18) Any additional information that health and safety. is required to enable the Super- (2) For operations at a site the sur- intendent to establish whether the op- face estate of which is not owned by erator has the right to conduct oper- the Federal government, where oper- ations as specified in the plan of oper- ations would constitute a nuisance to ations; to effectively analyze the ef- Federal lands or waters in the vicinity fects that the operations will have on of the operations, would significantly the preservation, management and injure federally-owned or controlled public use of the unit; and to make a lands and waters; or recommendation to the Regional Di- (3) For operations at a site the sur- rector regarding approval or dis- face estate of which is owned or con- approval of the plan of operations and trolled by the Federal government, the amount of the performance bond to where operations would substantially be posted. interfere with management of the unit
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to ensure the preservation of its nat- cannot be considered for approval until ural and ecological integrity in per- forty-five (45) days after a final envi- petuity, or would significantly injure ronmental statement has been pre- the federally-owned or controlled lands pared and filed with the Environmental or waters; Provided, however, That if Protection Agency; or the application of this standard would, (6) Notify the operator that the plan under applicable law, constitute a tak- of operations is being reviewed, but ing of a property interest rather than that more time to provide opportuni- an appropriate exercise of regulatory ties for public participation in the plan authority, the plan of operations may of operations review and to provide suf- be approved if the operations would be ficient time to analyze public com- conducted in accordance with para- ments received is necessary. Within graph (a)(1) of this section, unless a de- thirty (30) days after closure of the cision is made to acquire the mineral public comment period specified by the interest. Regional Director, he shall comply (4) Where the plan of operations does with § 9.37(b) (1) through (5). not satisfy each of the requirements of (c) The Regional Director shall act as § 9.36 applicable to the operations pro- expeditiously as possible upon a pro- posed. posed plan of operations consistent (b) Within sixty (60) days of the re- with the nature and scope of the oper- ceipt of a plan of operations, the Re- ations proposed. Failure to act within gional Director shall make an environ- the time limits specified in this section mental analysis of such plan, and: shall constitute a rejection of the plan (1) Notify the operator that the plan of operations from which the operator of operations has been approved or re- shall have a right to appeal under § 9.49. jected, and, if rejected, the reasons for (d) The Regional Director’s analysis the rejection; or shall include: (2) Notify the operator that the plan (1) An examination of all information of operations has been conditionally submitted by the operator; approved, subject to the operator’s ac- ceptance of specific provisions and (2) An evaluation of measures and stipulations; or timing required to comply with rec- (3) Notify the operator of any modi- lamation requirements; fication of the plan of operations which (3) An evaluation of necessary condi- is necessary before such plan will be tions and amount of the bond or secu- approved or of additional information rity deposit (See § 9.48); needed to effectively analyze the ef- (4) An evaluation of the need for any fects that the operations will have on additional requirements in the plan; the preservation, management and use (5) A determination regarding the im- of the unit, and to make a decision re- pact of this operation and cumulative garding approval or disapproval of the impacts of all proposed and existing op- plan of operations and the amount of erations on the management of the the performance bond to be posted; or unit; and (4) Notify the operator that the plan (6) A determination whether imple- of operations is being reviewed, but mentation by the operator of an ap- that more time, not to exceed an addi- proved plan of operations would be a tional thirty days, is necessary to com- major Federal action significantly af- plete such review, and setting forth the fecting the quality of the human envi- reasons why additional time is re- ronment or would be sufficiently con- quired. Provided, however, That days troversial to warrant preparation of an during which the area of operations is environmental statement pursuant to inaccessible for such reasons as inclem- section 102(2)(c) of the National Envi- ent weather, natural catastrophe, acts ronmental Policy Act of 1969. of God, etc., for inspection shall not be (e) Prior to approval of a plan of op- included when computing either this erations, the Regional Director shall time period, or that in subsection (b) determine whether any properties in- above; or cluded in, or eligible for inclusion in (5) Notify the operator that the plan the National Register of Historic of operations has been reviewed, but Places or National Registry of Natural
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Landmarks may be affected by the pro- cant environmental damage or result posed operations. This determination in significant new or additional surface will require the acquistion of adequate disturbance to the unit; and either information, such as that resulting (2) The operator can demonstrate a from field surveys, in order to properly compelling reason for the failure to determine the presence and signifi- have had timely approval of a proposed cance of cultural resources within the plan of operations; or areas to be affected by operations. (3) The operator can demonstrate Whenever National Register properties that failure to grant such approval will or properties eligible for inclusion in the National Register would be affected result in an unreasonable economic by operations, the Regional Director burden or injury to the operator. shall comply with section 106 of the [43 FR 57825, Dec. 8, 1978, as amended at 44 Historic Preservations Act of 1966 as FR 37914, June 29, 1979] implemented by 36 CFR part 800. (f) Approval of each plan of oper- § 9.39 Reclamation requirements. ations is expressly conditioned upon (a) Within the time specified by the the Superintendent having such rea- reclamation provisions of the plan of sonable access to the site as is nec- essary to properly monitor and insure operations, which shall be as soon as compliance with the plan of operations. possible after completion of approved operations and shall not be later than [43 FR 57825, Dec. 8, 1978; 44 FR 37914, June 29, six (6) months thereafter unless a 1979] longer period of time is authorized in § 9.38 Temporary approval. writing by the Regional Director, each operator shall initiate reclamation as (a) The Regional Director may ap- follows: prove on a temporary basis: (1) Access on, across or through fed- (1) Where the Federal government erally-owned or controlled lands or wa- does not own the surface estate, the op- ters for the purpose of collecting basic erator shall at a minimum: information necessary to enable timely (i) Remove or neutralize any con- compliance with these regulations. taminating substances; and Such temporary approval shall be for a (ii) Rehabilitate the area of oper- period not in excess of sixty (60) days. ations to a condition which would not (2) The continuance of existing oper- constitute a nuisance or would not ad- ations, if their suspension would result versely affect, injure, or damage feder- in an unreasonable economic burden or ally-owned lands or waters, including injury to the operator; provided that removal of above ground structures such operations must be conducted in and equipment used for operations, ex- accordance with all applicable laws, cept that such structures and equip- and in a manner prescribed by the Re- ment may remain where they are to be gional Director designed to minimize used for continuing operations which or prevent significant environmental are the subject of another approved damage; and provided that within sixty plan of operations or of a plan which (60) days of the granting of such tem- has been submitted for approval. porary approval the operator either: (i) Submits an initial substantially (2) On any site where the surface es- complete plan of operations; or tate is owned or controlled by the Fed- (ii) If a proposed plan of operations eral government, each operator must has been submitted, responds to any take steps to restore natural condi- outstanding requests for additional in- tions and processes. These steps shall formation. include but are not limited to: (b) The Regional Director may ap- (i) Removing all above ground struc- prove new operations on a temporary tures, equipment and roads used for op- basis only when: erations, except that such structures, (1) The Regional Director finds that equipment and roads may remain the operations will not cause signifi-
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where they are to be used for con- notified in writing sixty (60) days prior tinuing operations which are the sub- to the date such changes become effec- ject of another approved plan of oper- tive, during which time the operator ations or of a plan which has been sub- may submit comments on proposed mitted for approval, or unless other- changes. If failure to implement pro- wise authorized by the Regional Direc- posed changes would pose immediate tor consistent with the unit purpose threat of significant injury to feder- and management objectives; ally-owned or controlled lands or wa- (ii) Removing all other man-made de- ters, the provisions of § 9.33(c) apply. bris resulting from operations; (iii) Removing or neutralizing any § 9.41 Operating standards. contaminating substances; The following standards shall apply (iv) Plugging and capping all non- to operations within a unit: productive wells and filling dump (a) Surface operations shall at no holes, ditches, reserve pits and other time be conducted within 500 feet of excavations; the banks of perennial, intermittent or (v) Grading to reasonably conform ephemeral watercourses; or within 500 the contour of the area of operations to feet of the high pool shoreline of nat- a contour similar to that which existed ural or man-made impoundments; or prior to the initiation of operations, within 500 feet of the mean high where such grading will not jeopardize tideline; or within 500 feet of any struc- reclamation; ture or facility (excluding roads) used (vi) Replacing the natural topsoil for unit interpretation, public recre- necessary for vegetative restoration; ation or for administration of the unit, and unless specifically authorized by an ap- (vii) Reestablishing native vegetative proved plan of operations. communities. (b) The operator shall protect all sur- (b) Reclamation under paragraph vey monuments, witness corners, ref- (a)(2) of this section is unacceptable erence monuments and bearing trees unless it provides for the safe move- against destruction, obliteration, or ment of native wildlife, the reestab- damage from operations and shall be lishment of native vegetative commu- responsible for the reestablishment, nities, the normal flow of surface and restoration, or referencing of any reasonable flow of subsurface waters, monuments, corners and bearing trees and the return of the area to a condi- which are destroyed, obliterated, or tion which does not jeopardize visitor damaged by such operations. safety or public use of the unit. (c) Whenever drilling or producing operations are suspended for 24 hours § 9.40 Supplementation or revision of or more, but less than 30 days, the plan of operations. wells shall be shut in by closing well- (a) A proposal to supplement or re- head valves or blowout prevention vise an approved plan of operations equipment. When producing operations may be made by either the operator or are suspended for 30 days or more, a the Regional Director to adjust the suitable plug or other fittings accept- plan to changed conditions or to ad- able to the Superintendent shall be dress conditions not previously con- used to close the wells. templated by notifying the appropriate (d) The operator shall mark each and party in writing of the proposed alter- every operating derrick or well in a ation and the justification therefore. conspicuous place with his name or the (b) Any proposed supplementation or name of the owner, and the number and revision of a plan of operations initi- location of the well, and shall take all ated under paragraph (a) of this section necessary means and precautions to by either party shall be reviewed and preserve these markings. acted on by the Regional Director in (e) Around existing or future instal- accordance with § 9.37. If failure to im- lations, e.g., well, storage tanks, all plement proposed changes would not high pressure facilities, fences shall be pose an immediate threat of significant built for protection of unit visitors and injury to federally-owned or controlled wildlife, and protection of said facili- lands or waters, the operator will be ties unless otherwise authorized by the
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Superintendent. Fences erected for pro- strings of casing must be securely an- tection of unit visitors and wildlife chored. shall be of a design and material ac- ceptable to the Superintendent, and § 9.44 Open flows and control of ‘‘wild’’ where appropriate, shall have at least wells. one gate which is of sufficient width to The operator shall take all techno- allow access by fire trucks. Hazards logically feasible precautions to pre- within visitor use areas will be clearly vent any oil, gas, or water well from marked with warning signs acceptable blowing open or becoming ‘‘wild,’’ and to the Superintendent. shall take immediate steps and exer- (f) The operator shall carry on all op- cise due diligence to bring under con- erations and maintain the site at all trol any ‘‘wild’’ well, or burning oil or times in a safe and workmanlike man- gas well. ner, having due regard for the preserva- tion of the environment of the unit. § 9.45 Handling of wastes. The operator shall take reasonable steps to prevent and shall remove accu- Oilfield brine, and all other waste mulations of oil or other materials and contaminating substances must be deemed to be fire hazards from the vi- kept in the smallest practicable area, cinity of well locations and lease must be confined so as to prevent es- tanks, and shall remove from the prop- cape as a result of percolation, rain, erty or store in an orderly manner all high water or other causes, and such scrap or other materials not in use. wastes must be stored and disposed of (g) Operators will be held fully ac- or removed from the area as quickly as countable for their contractor’s or sub- practicable in such a manner as to pre- contractor’s compliance with the re- vent contamination, pollution, damage quirements of the approved plan of op- or injury to the lands, water (surface erations. and subsurface), facilities, cultural re- sources, wildlife, and vegetation of or [43 FR 57825, Dec. 8, 1978; 44 FR 37915, June 29, 1979] visitors of the unit.
§ 9.42 Well records and reports, plots § 9.46 Accidents and fires. and maps, samples, tests and sur- The operator shall take techno- veys. logically feasible precautions to pre- Any technical data gathered during vent accidents and fires, shall notify the drilling of any well, including daily the Superintendent within 24 hours of drilling reports and geological reports, all accidents involving serious personal which are submitted to the State pur- injury or death, or fires on the site, suant to State regulations, or to any and shall submit a full written report other bureau or agency of the Federal thereon within ninety (90) days. This government shall be available for in- report supersedes the requirement out- spection by the Superintendent upon lined in 36 CFR 2.17, but does not re- his request. lieve persons from the responsibility of making any other accident reports § 9.43 Precautions necessary in areas where high pressures are likely to which may be required under State or exist. local laws. When drilling in ‘‘wildcat’’ territory, § 9.47 Cultural resource protection. or in any field where high pressures are likely to exist, the operator shall take (a) Where the surface estate of the all necessary precautions for keeping site is owned by the United States, the the well under control at all times and operator shall not, without written au- shall install and maintain the proper thorization of the Superintendent, in- high-pressure fittings and equipment jure, alter, destroy, or collect any site, to assure proper well control. Under structure, object, or other value of his- such conditions the surface string must torical, archeological, or other cultural be cemented through its length, unless scientific importance in violation of another procedure is authorized or pre- the Antiquities Act (16 U.S.C. 431–433 scribed by the Superintendent, and all (See 43 CFR part 3).
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(b) Once approved operations have resulting from an oil spill, the escape commenced, the operator shall imme- of gas, wastes, contaminating sub- diately bring to the attention of the stances, or fire caused by operations. Superintendent any cultural or sci- This amount shall not exceed twenty- entific resource encountered that five thousand dollars ($25,000) for geo- might be altered or destroyed by his physical surveys when using more than operation and shall leave such dis- one field party or five thousand dollars covery intact until told to proceed by ($5,000) when operating with only one the Superintendent. The Super- field party, and shall not exceed fifty intendent will evaluate the discoveries thousand dollars ($50,000) for each brought to his attention, and will de- wellsite or other operation. termine within ten (10) working days (3) When an operator’s total bond or what action will be taken with respect security deposit with the National to such discoveries. Park Service amounts to two hundred thousand dollars ($200,000) for activities § 9.48 Performance bond. conducted within a given unit, no fur- (a) Prior to approval of a plan of op- ther bond requirements shall be col- erations, the operator shall be required lected for additional activities con- to file a suitable performance bond ducted within that unit, and the oper- with satisfactory surety, payable to ator may substitute a blanket bond of the Secretary or his designee. The bond two hundred thousand dollars ($200,000) shall be conditioned upon faithful com- for all operations conducted within the pliance with applicable regulations, unit. and the plan of operations as approved, (e) The operator’s and his surety’s re- revised or supplemented. This perform- sponsibility and liability under the ance bond is in addition to and not in bond or security deposit shall continue lieu of any bond or security deposit re- until such time as the Superintendent quired by other regulatory authorities. determines that successful reclamation (b) In lieu of a performance bond, an of the area of operations has occurred operator may elect to deposit with the and, where a well has been drilled, the Secretary or his designee, cash or nego- well has been properly plugged and tiable bonds of the U.S. Government. abandoned. If all efforts to secure the The cash deposit or the market value operator’s compliance with pertinent of such securities shall be at least provisions of the approved plan of oper- equal to the required sum of the bond. ations are unsuccessful, the operator’s When bonds are to serve as security, surety company will be required to per- there must be provided to the Sec- form reclamation in accordance with retary a power of attorney. the approved plan of operations. (c) In the event that an approved (f) Within thirty (30) days after deter- plan of operations is revised or supple- mining that all reclamation require- mented in accordance with § 9.40, the ments of an approved plan of oper- Regional Director may adjust the ations are completed, including proper amount of the bond or security deposit abandonment of the well, the Regional to conform to the modified plan of op- Director shall notify the operator that erations. the period of liability under the bond (d) The bond or security deposit shall or security deposit has been termi- be in an amount: nated. (1) Equal to the estimated cost of re- [43 FR 57825, Dec. 8, 1978; 44 FR 37915, June 29, claiming the site, either in its entirety 1979] or in phases, that has been damaged or destroyed as a result of operations con- § 9.49 Appeals. ducted in accordance with an approved, (a) Any operator aggrieved by a deci- supplemented, plan of operations; plus sion of the Regional Director in con- (2) An amount set by the Super- nection with the regulations in this intendent consistent with the type of subpart may file with the Regional Di- operations proposed, to bond against rector a written statement setting the liability imposed by § 9.51(a); to forth in detail the respects in which provide the means for rapid and effec- the decision is contrary to, or is in con- tive cleanup; and to minimize damages flict with the facts, the law, or these
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regulations, or is otherwise in error. clusions; and (3) reasons upon which No such appeal will be considered un- the conclusions are based. The decision less it is filed with the Regional Direc- of the Director shall be the final ad- tor within thirty (30) days after the ministrative action of the agency on a date of notification to the operator of proposed plan of operations. the action or decision complained of. (e) A decision of the Regional Direc- Upon receipt of such written statement tor from which an appeal is taken shall from the aggrieved operator, the Re- not be automatically stayed by the fil- gional Director shall promptly review ing of a statement of appeal. A request the action or decision and either re- for a stay may accompany the state- verse his original decision or prepare ment of appeal or may be directed to his own statement, explaining that de- the Director. The Director shall cision and the reasons therefor, and promptly rule on requests for stays. A forward the statement and record on decision of the Director on request for appeal to the Director for review and a stay shall constitute a final adminis- decision. Copies of the Regional Direc- trative decision. tor’s statement shall be furnished to (f) Where, under this subpart, the Su- the aggrieved operator, who shall have perintendent has the authority to thirty (30) days within which to file ex- make the original decision, appeals ceptions to the Regional Director’s de- may be taken in the manner provided cision. The Department has the discre- by this section, as if the decision had tion to initiate a hearing before the Of- been made by the Regional Director, fice of Hearing and Appeals in a par- except that the original statement of ticular case (See 43 CFR 4.700). appeal shall be filed with the Super- (b) The official files of the National intendent, and if he decides not to re- Park Service on the proposed plan of verse his original decision, the Re- operations and any testimony and doc- gional Director shall have, except as uments submitted by the parties on noted below, the final review author- which the decision of the Regional Di- ity. The only decision of a Regional Di- rector was based shall constitute the rector under this paragraph which record on appeal. The Regional Direc- shall be appealable by the Director is tor shall maintain the record under an appeal from a suspension under separate cover and shall certify that it § 9.51(b). Such an appeal shall follow was the record on which his decision the procedure of paragraphs (a)–(3) of was based at the time it was forwarded this section. to the Director of the National Park [43 FR 57825, Dec. 8, 1978; 44 FR 37915, June 29, Service. The National Park Service 1979] shall make the record available to the operator upon request. § 9.50 Use of roads by commercial ve- (c) If the Director considers the hicles. record inadequate to support the deci- (a) After January 8, 1978, no commer- sion on appeal, he may provide for the cial vehicle shall use roads adminis- production of such additional evidence tered by the National Park Service or information as may be appropriate, without being registered with the Su- or may remand the case to the Re- perintendent. Roads must be used in gional Director, with appropriate in- accordance with procedures outlined in structions for further action. an approved plan of operations. (d) On or before the expiration of (1) A fee shall be charged for such forty-five (45) days after his receipt of registration and use based upon a post- the exceptions to the Regional Direc- ed fee schedule. The fee schedule post- tor’s decision, the Director shall make ed shall be subject to change upon his decision in writing: provided how- sixty (60) days of notice. ever, that if more than forty-five (45) (2) An adjustment of the fee may be days are required for a decision after made at the discretion of the Super- the exceptions are received, the Direc- intendent where a cooperative mainte- tor shall notify the parties to the ap- nance agreement is entered into with peal and specify the reason(s) for delay. the operator. The decision of the Director shall in- (b) No commercial vehicle which ex- clude: (1) A statement of facts; (2) con- ceeds roadway load limits specified by
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the Superintendent shall be used on until such time as the violation is cor- roads administered by the National rected. The operator will be notified in Park Service unless authorized in writ- writing within five (5) days of any sus- ing by the Superintendent, or unless pension and shall have the right to ap- authorized by an approved plan of oper- peal that decision under § 9.48. ations. (3) Failure to correct any violation or (c) Should a commercial vehicle used damage to federally owned or con- in operations cause damage to roads, trolled lands, waters or resources resources or other facilities of the Na- caused by such violations will result in tional Park Service, the operator shall revocation of plan of operations ap- be liable for all damages so caused. proval. § 9.51 Damages and penalties. [43 FR 57825, Dec. 8, 1978; 44 FR 37915, June 29, (a) The operator shall be held liable 1979] for any damages to federally-owned or controlled lands, waters, or resources § 9.52 Public inspection of documents. resulting from his failure to comply (a) When a Superintendent receives a with either his plan of operations, or, request for permission for access on, where operations are continued pursu- across or through federally-owned or ant to § 9.33, failure to comply with the controlled lands or waters for the pur- applicable permit or, where operations pose of conducting operations, the Su- are temporarily approved under § 9.38, perintendent shall publish a notice of failure to comply with the terms of this request in a newspaper of general that approval. circulation in the county(s) in which (b) The operator agrees, as a condi- the lands are situated, or in such publi- tion for receiving an approved plan of cations as deemed appropriate by the operations, that he will hold harmless Superintendent. the United States and its employees (b) Upon receipt of the plan of oper- from any damages or claims for injury ations in accordance with § 9.35(c), the or death of persons and damage or loss Superintendent shall publish a notice of property by any person or persons in the FEDERAL REGISTER advising the arising out of any acts or omissions by availability of the plan for public re- the operator, his agents, employees or view and comment. Written comments subcontractors done in the course of received within thirty (30) days will be- operations. come a part of the official record. As a (c) Undertaking any operations with- result of comments received or if oth- in the boundaries of any unit in viola- erwise deemed appropriate by the Su- tion of this Subpart shall be deemed a perintendent, he may provide addi- trespass against the United States and tional opportunity for public participa- shall be cause for revocation of ap- tion to review the plan of operations. proval of the plan of operations. (c) Any document required to be sub- (1) When a violation by an operator mitted pursuant to the regulations in under an approved plan of operations is this Subpart shall be made available discovered, and if it does not pose an for public inspection at the office of immediate threat of significant injury the Superintendent during normal to federally-owned or controlled lands business hours, unless otherwise avail- or waters, the operator will be notified able pursuant to § 9.51(b). This does not in writing by the Superintendent and include those records only made avail- will be given ten (10) days to correct able for the Superintendent’s inspec- the violation; if the violation is not tion under § 9.41 of this Subpart or corrected within ten (10) days, approval those records determined by the Super- of the plan of operations will be sus- intendent to contain proprietary or pended until such time as the violation confidential information. The avail- is corrected. ability of such records for inspection (2) If the violation poses an imme- shall be governed by the rules and reg- diate threat of significant injury to federally-owned or controlled lands or ulations found at 43 CFR part 2. waters, approval of the plan of oper- [43 FR 57825, Dec. 8, 1978; 44 FR 37915, June 29, ations will be immediately suspended 1979]
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Subpart C [Reserved] National Interest Lands Conservation Act of 1980 (ANILCA), 16 U.S.C. 3150. Subpart D—Alaska Mineral (b) AMRAP Activities means any Resource Assessment Program project, method, technique or other ac- tivity incidental to mineral resource assessments conducted by authorized AUTHORITY: 16 U.S.C. 410hh; 16 U.S.C. 3101, AMRAP agencies or their contractors et seq.; 16 U.S.C. 1, et seq.; 16 U.S.C. 347; 16 U.S.C. 410bb; 16 U.S.C. 431; 16 U.S.C. 1131 et in units of the National Park System seq. in Alaska pursuant to section 1010 of ANILCA under an approved permit. SOURCE: 56 FR 22652, May 16, 1991, unless otherwise noted. AMRAP activities include access into, across, through, or over a unit of the § 9.80 Purpose. National Park System for the conduct These regulations govern the conduct of those activities. Only mineral re- of the mineral resource assessment ac- source assessment methods or tech- tivities authorized under § 1010 of the niques that do not result in lasting im- Alaska National Interest Lands Con- pacts on park resources and values servation Act (ANILCA), 16 U.S.C. 3101, may be permitted as AMRAP activi- et seq., in units of the National Park ties. Mineral resource assessment tech- System in Alaska. The regulations are niques may include aerial photography; designed to ensure that authorized remote sensing; hand-sampling of geo- Federal agencies and their contractors logic materials; hand-sampling or carry out mineral resource assessment hand-augering methods for geo- activities in an environmentally sound chemical analyses; and geophysical manner that does not result in lasting techniques such as magnetic, elec- environmental impacts that appre- trical, electromagnetic, chemical, ra- ciably alter the natural character of dioactive, and gravitational methods. the units, or biological or ecological Mineral resource assessment activities systems in the units; is compatible may be permitted as long as: with the purposes for which the units (1) No explosives are used, are established; and ensures that all (2) They are consistent with § 9.86 of units are left unimpaired and preserved this subpart, and for the enjoyment of present and future (3) They are consistent with the pro- generations. visions of the Wilderness Act of 1964 (16 U.S.C. 1131 et seq.) and National Park § 9.81 Scope and applicability. Service policies concerning wilderness These regulations apply to all activi- management and the use of motorized ties conducted by authorized agencies equipment in wilderness areas. and their contractors on public lands Core and test drilling, including ex- in units of the National Park System ploratory drilling of oil and gas test in Alaska under the Alaska Mineral wells, are explicitly prohibited as Resource Assessment program AMRAP activities in units of the Na- (AMRAP) as authorized by section 1010 tional Park System. of ANILCA. AMRAP activities con- (c) AMRAP agencies means those ducted under this subpart shall be per- agencies of the U.S. Department of the formed in accordance with ANILCA, Interior that are authorized by the the regulations in this subpart, the Secretary to perform mineral resource terms and conditions of an approved assessment activities pursuant to sec- permit, and other applicable statutes and regulations, and amendments tion 1010 of ANILCA. thereto. (d) Superintendent means the Super- intendent, or his/her designee, of the § 9.82 Definitions. unit of the National Park System in The terms used in this subpart shall Alaska where AMRAP activities are have the following meaning: conducted or proposed to be conducted. (a) AMRAP means the Alaska Min- [56 FR 22652, May 16, 1991, as amended at 60 eral Resource Assessment Program au- FR 55791, Nov. 3, 1995; 62 FR 30234, June 3, thorized by section 1010 of the Alaska 1997]
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§ 9.83 Coordination of AMRAP activi- resource assessments that have oc- ties in National Park System units. curred in the proposed study area; (a) To facilitate compliance with this (4) A discussion of overall project ob- Subpart, each AMRAP agency will des- jectives, schedules and products, and ignate a coordinator for AMRAP ac- how the proposed activities for the cur- tivities in Alaska who will be the cen- rent application relate to those objec- tral point of communications with the tives; NPS. The AMRAP agency is respon- (5) A description of the activities pro- sible for notifying the Regional Direc- posed for approval, including a detailed tor of such designation. description of the collection tech- 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 § 9.84 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; § 9.84(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 § 9.83(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 a form and manner prescribed by the § 9.85 Environmental compliance. Regional Director and will contain at a Each AMRAP agency is responsible minimum: for obtaining all required Federal, (1) The name of the AMRAP agency State, and local permits and must pro- and responsible office and, where appli- vide sufficient information to the NPS cable, its designated contractual rep- to ensure appropriate compliance with resentative that will conduct the pro- the National Environmental Policy Act posed activities; of 1969 (42 U.S.C. 4321 et seq.), the Na- (2) The name, office address and tele- tional Historic Preservation Act of 1966 phone numbers of the AMRAP agency (16 U.S.C. 470 et seq.), and other applica- persons or contractor persons who will ble statutes. supervise the proposed activities, and a list of all individual’s names, addresses § 9.86 Application review process and and telephone numbers who will be approval standards. present at field activities; (a) The Regional Director will review (3) A list of any previous AMRAP ac- applications submitted pursuant to tivities or prior geologic and mineral § 9.84 and will ensure that final action
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is taken on such applications by April of the National Park System shall be 15 of each year. If additional review provided to the Regional Director. time is necessary to ensure compliance (e) The NPS reserves the right, with- with this Subpart or with other appli- out prior notice to the AMRAP agency cable laws, Executive Orders and regu- or its contractors, to observe or inspect lations, the Regional Director will AMRAP activities to determine wheth- promptly notify the AMRAP agency er such activities are being conducted coordinator of the anticipated date of a pursuant to this subpart and the terms final decision. and conditions of the approved permit. (b) The Regional Director is respon- sible for approving AMRAP activities § 9.88 Permit modification, suspension, and cancellation. in units of the National Park System in Alaska. (a) A proposal to modify, supplement, (c) To be approved, proposed AMRAP or otherwise amend an approved permit activities must be designed to be car- shall be made by an AMRAP agency by ried out in an environmentally sound written request to the Regional Direc- manner, as determined in appropriate tor. The Regional Director shall review environmental documentation, that: and promptly act on the proposed (1) Does not result in lasting environ- modification pursuant to the standards mental impacts that appreciably alter set forth in § 9.86. An AMRAP agency the natural character of the units or may not undertake any of the activi- the integrity of the biological or eco- ties proposed in the modification until logical systems in the units; and the Regional Director approves the modification and the Superintendent (2) Is compatible with the purposes amends the approved permit. and values for which the units are es- (b) The Superintendent may modify, tablished; and suspend or cancel an AMRAP agency’s (3) Does not adversely affect the nat- permit by notifying the agency in writ- ural and cultural resources, visitor use, ing, or orally in an emergency situa- or administration of the area. tion, when the Superintendent deter- mines that: § 9.87 Permitting requirements and standards. (1) Changes to the permit are nec- 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 plicable regulations, guidelines and (3) The AMRAP agency or its con- policies. tractors fails to comply with the provi- (b) The NPS may restrict the conduct sions of ANILCA or of any other appli- of AMRAP activities in certain areas cable law or regulation, the provisions and during sensitive periods, such as and conditions of the approved permit nesting, calving and spawning seasons, and any modification thereto, or any to minimize impacts to fish and wild- written or field orders issued by the life or to comply with existing policies Superintendent. or directives. (c) Modification, suspension, or can- (c) All project areas affected by cellation of an approved permit pursu- AMRAP activities shall be left in an ant to paragraph (b) of this section unimpaired state by the AMRAP agen- shall be effective immediately upon re- cy and its contractors. All costs borne ceipt of oral or written notice from the by the NPS in cleaning or restoring an Regional Director or the Super- area affected by AMRAP activities will intendent. Notices issued orally shall be recoverable from the AMRAP agen- be followed by written notice sent by cy. certified mail within three (3) working (d) Copies of all published informa- days confirming and explaining the ac- tion or written reports resulting from tion. Suspensions shall remain in effect AMRAP activities conducted in units until the basis for the suspension has
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been corrected to the satisfaction of § 10.2 Charges. the Superintendent. Cancellation no- No charge will be made for the ani- tices shall state the reason for can- mals, but the receiver will be required cellation and shall be sent by the Su- to make a deposit with the appropriate perintendent to the AMRAP agency at superintendent to defray the expense of least fourteen (14) days in advance of capturing, crating, and transporting the date the cancellation will become them to the point of shipment. The re- effective. ceiver may also be required to pay for (d) Suspension or cancellation of a the services of a veterinarian for test- permit to conduct AMRAP activities ing, vaccinating, and treating the ani- shall not relieve the AMRAP agency or mals at the park for communicable dis- its contractors of the obligation to re- eases and parasites. Estimates of such store any location in accordance with expenses will be furnished by the ap- the requirements of this subpart and to propriate superintendent upon request. comply with all other obligations spec- ified in this subpart and in the permit. § 10.3 Application; requirements. (a) Applications for animals should § 9.89 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. (c) When any animals are desired for Sec. liberation on private lands, the appli- 10.1 Animals available. 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. When any animals are desired for lib- AUTHORITY: Secs. 1–3, 39 Stat. 535, as eration on lands in the vicinity of amended; 42 Stat. 1214, 45 Stat. 1644, secs. 1, lands owned or controlled by the Fed- 2, 52 Stat. 708, secs. 1, 2, 67 Stat. 495, 496; 16 eral Government, the application must U.S.C. 1, 1b, 1c, 2, 3, 36, 36a, 141c. be accompanied by the written concur- SOURCE: 24 FR 11054, Dec. 30, 1959, unless rence of the agency or agencies having otherwise noted. jurisdiction over the Federally owned or controlled lands. § 10.1 Animals available. (d) Applications will not be granted From time to time there are surplus when the animals are to be slaugh- live elk, buffaloes and bears in Yellow- tered, or are to be released without stone National Park, and live buffaloes adequate protection from premature in Wind Cave National Park which the hunting. Secretary may, in his discretion, dis- pose of to Federal, State, county and § 10.4 Shipment. municipal authorities for preserves, (a) Elk, buffaloes, and bears may be zoos, zoological gardens, and parks. obtained at the Park and be removed When surplus live elk and buffaloes are by truck. Elk and buffaloes, when not available from these national parks, transported by truck, must be crated the Secretary may, in his discretion, individually for rail shipment in less dispose of these to individuals and pri- than carload lots. Bears must be crated vate institutions. individually regardless of the number
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furnished or the character of the con- § 11.2 Uses. veyance. 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 PART 11—ARROWHEAD AND as they relate to the program of the PARKSCAPE SYMBOLS National Park Service. All other uses 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: Sec. 3, 39 Stat. 535; 16 U.S.C. 3. 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 sym- [35 FR 8734, June 5, 1970, as amended at 36 FR bol, use of which had been limited by 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 Whoever manufactures, sells or uses official emblem. The term ‘‘Parkscape the ‘‘Arrowhead Symbol’’ or the Symbol,’’ as used in this part, is the ‘‘Parkscape Symbol’’ in violation of same insignia referred to in the FED- the regulations of this part shall be ERAL REGISTER notice of October 22, subject to the penalties prescribed in 1968, as the ‘‘National Park Service section 701 of title 18 of the United Symbol.’’ The ‘‘Parkscape Symbol’’ has States Code. been prescribed as the official tie tack 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] over, the tie tack or pin may be worn by employees of the Service when not PART 12—NATIONAL CEMETERY in uniform as a part of their civilian REGULATIONS attire. (b) The term commercial use as used in Sec. the regulations of this part refers to 12.1 Applicability and scope. use of the ‘‘Arrowhead Symbol’’ or the 12.2 Purpose of National Cemeteries. ‘‘Parkscape Symbol’’ on souvenirs or 12.3 Definitions. other items of merchandise presented 12.4 Special events and demonstrations. for sale to the public by private enter- 12.5 Interments. 12.6 Disinterments and exhumations. prise operating either within or outside 12.7 Headstones and markers. of areas of the National Park System. 12.8 Memorial headstones and markers. (c) The term noncommercial use as 12.9 Commemorative monuments. used in the regulations of this part re- 12.10 Floral and commemorative tributes. fers to nongovernmental use of the 12.11 Recreational activities. ‘‘Arrowhead Symbol’’ or the 12.12 Information collection. ‘‘Parkscape Symbol’’ other than as de- AUTHORITY: 16 U.S.C. 1, 3, 9a, and 462(k); scribed in paragraph (c) of this section. E.O. 6166, 6228 and 8428.
[35 FR 8734, June 5, 1970, as amended at 62 FR SOURCE: 51 FR 8979, Mar. 14, 1986, unless 30234, June 3, 1997] otherwise noted.
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§ 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 or government headstone placed in a maintaining the solemn commemora- memorial section of a national ceme- tive and historic character of these tery with the words ‘‘In Memory Of’’ areas. inscribed to honor a deceased eligible person whose remains could not be in- § 12.3 Definitions. terred in the national cemetery. The following definitions apply only NPS Policy means the National Park to the regulations in this part: Service’s Guidelines for National Ceme- Burial section means a plot of land teries, NPS–61. within a national cemetery specifically Private headstone means an upright designated to receive casketed or cre- stone provided by a person at no ex- mated human remains. pense to the government and in lieu of Close relative means a surviving a government headstone. spouse, parent, adult brother or sister, Recreational activity means any form or adult child. of athletics, sport or other leisure pur- Commemorative monument means a suit or event, whether organized or monument, tablet, structure, or other spontaneous, that is engaged in by one commemorative installation of perma- or more persons for the primary pur- nent materials to honor more than one pose of exercise, relaxation or enjoy- veteran. ment, including but not limited to the Demonstration means a demonstra- following: jogging, racing, skating, tion, picketing, speechmaking, march- skateboarding, ball playing, kite fly- ing, holding a vigil or religious service ing, model airplane flying, throwing or any other like form of conduct that objects through the air, sunbathing, bi- involves the communication or expres- cycling and picknicking. This term sion of views or grievances, whether does not include walking, hiking or engaged in by one or more persons, casual strolling. that has the intent, effect or likelihood Special event means a sports event, to attract a crowd or onlookers. This pageant, celebration, historical reen- term does not include casual park use actment, entertainment, exhibition, by persons that does not have an intent parade, fair, festival or similar activity or likelihood to attract a crowd or on- that is not a demonstration, whether lookers. engaged in by one or more persons, Eligible person means an individual that has the intent, effect or likelihood authorized by Federal statute and VA to attract a crowd or onlookers. This Policy to be interred or memorialized term does not include casual park use in a national cemetery. by persons that does not have an intent
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or likelihood to attract a crowd or on- shall be honored as long as the person lookers. remains eligible. VA Policy means the current editions (d) Burial sections. (1) The super- of the Veterans Administration’s intendent of each national cemetery Manuals that pertain to the adminis- shall develop an interment plan for tration of the National Cemetery Sys- burial sections in keeping with the his- tem. toric character of the national ceme- tery, to be approved by the Regional § 12.4 Special events and demonstra- Director. tions. (2) The superintendent shall specify Conducting a special event or dem- gravesite dimensions that conform to onstration, whether spontaneous or or- the historic design of the national cem- ganized, is prohibited except for offi- etery. cial commemorative events conducted (3) Expansion of a burial section is for Memorial Day, Veterans Day and prohibited without the approval of the other dates designated by the super- Regional Director. intendent as having special historic (4) An interment is authorized only and commemorative significance to a within a burial section; the super- particular national cemetery. Com- intendent may not authorize an inter- mittal services are excluded from this ment within a memorial section. restriction. (5) Cremated remains may be scat- tered in a national cemetery in con- § 12.5 Interments. formance with the provisions of § 2.62 of (a) Who may be interred. A person’s this chapter and applicable State laws. eligibility for burial in a national cem- (6) Expansion of a national cemetery etery is determined in accordance with outside the confines of its historic en- the provisions of Federal statutory closure is prohibited. law. Interments are conducted in ac- cordance with NPS policy and VA Pol- § 12.6 Disinterments and exhumations. icy. (a) Interment of an eligible person’s (b) Burial permit. (1) A burial permit remains is considered permanent. Dis- is required in accordance with the laws interment and removal of remains are and regulations of the State and local allowed only for the most compelling municipality within whose boundaries of reasons and may be accomplished the cemetery is located. only under the supervision of the su- (2) The remains of a member of the perintendent. Armed Forces who dies on active duty (b) Except for a directed exhumation may be interred prior to receipt of a conducted pursuant to paragraph (f) of burial permit. this section, a disinterment is allowed (3) The superintendent shall process a only pursuant to the terms and condi- burial permit in accordance with VA tions of a permit issued by the super- Policy. intendent. (c) Gravesite assignment. (1) Gravesite (c) A disinterment shall be accom- assignment and allotment are made ac- plished at no cost to the National Park cording to VA Policy which specifies Service. The superintendent shall es- that only one gravesite is authorized tablish a fee designed to recover the for the burial of an eligible member of costs associated with supervising and the Armed Forces and eligible imme- administering a disinterment, includ- diate family members. Exceptions to ing the costs of opening and closing the this practice may be approved only by grave and redressing any disturbed the Director. graves or headstones. (2) The superintendent is responsible (d) The next-of-kin is responsible for for the actual assignment of a making all arrangements and incurring gravesite. all financial obligations related to a (3) The superintendent may not ac- disinterment. These arrangements and cept a new gravesite reservation. A obligations include, but are not limited gravesite reservation granted in writ- to the following: ing prior to the adoption of the one- (1) Compliance with State and local gravesite-per-family-unit restriction health laws and regulations;
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(2) Engaging a funeral director; government expense are provided in ac- (3) Recasketing the remains; cordance with NPS Policy and VA Pol- (4) Rehabilitation of the gravesite ac- icy. cording to conditions established by (b) The erection of a marker or the superintendent; monument at private expense to mark (5) Providing the superintendent a a grave in lieu of a government head- notorized affidavit by each living close stone or marker is allowed only in cer- relative of the deceased and by the per- tain national cemetery sections in son who directed the initial interment, which private headstones and markers if living, and even though the legal re- were authorized as of January 1, 1947, lationship of such person to the dece- and only with the prior approval of the dent may have changed, granting per- Director. The name of the person(s) re- mission for the disinterment; and sponsible for the purchase and erection (6) Providing the superintendent a of the private headstone or marker sworn statement, by a person having may not appear on the headstone or first hand knowledge thereof, that marker or be identified elsewhere in those who supplied such affidavits com- the cemetery as the donor(s) of the pri- prise all the living close relatives of vate headstone or marker. the decedent, including the person who (c) A person who requests authoriza- directed the initial interment. tion to erect a private headstone or (e) The following are prohibited: marker shall provide the following in- (1) Failure to obtain a permit re- formation: quired pursuant to this section; (1) A list of the names of each person (2) Violation of a condition estab- to be inscribed upon the private head- lished by the superintendent or of a stone or marker; term or condition of a permit issued in (2) The written approval of the next- accordance with this section; or of-kin and the person who directed the (3) Failure to pay a fee prescribed by burial of each person whose name is to the superintendent in accordance with be inscribed; and this section. (3) A scale plan depicting the details (f) The directed exhumation of an eli- of design, materials, finish, carving, gible person’s remains shall be accom- lettering and arrangement of the in- plished upon receipt by the super- scription and the foundation of the pro- intendent of an order issued by a State posed private headstone or marker. or Federal court of competent jurisdic- (d) The Director’s approval of a re- tion. The superintendent shall retain quest is conditioned upon the appli- court orders and other pertinent docu- cant’s granting to the National Park ments in the national cemetery files as Service the substantive right to re- a permanent record of the action. move and dispose of the private head- (g) To the extent practicable, a di- stone or marker if, after it is installed, rected exhumation shall be accom- the applicant fails to maintain the pri- plished without expense to the Na- vate headstone or marker in a condi- tional Park Service and without direct tion specified by the Director. participation by national cemetery em- (e) When a private headstone or ployees. marker has been erected at a veteran’s (h) The superintendent shall coordi- grave in a national cemetery, and the nate a directed exhumation with the next-of-kin desires to inscribe thereon ordering court, assure compliance with the name and appropriate data per- all State and local laws and supervise taining to an eligible family member of disinterment activities on site. the deceased whose remains will not be (i) If reinterment of exhumed re- interred, such inscription may be ac- mains is to be elsewhere, the super- complished with the prior approval of intendent may reassign the gravesite the superintendent. Appropriate com- for use in connection with another in- memorative data may be inscribed terment. when space permits. The words ‘‘In Me- moriam’’ or ‘‘In Memory Of’’ are man- § 12.7 Headstones and markers. datory elements of such an inscription. (a) Government headstones and (f) Except as may be authorized by markers authorized to be furnished at the Director or by Federal statutory
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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 char- ing, lettering and the arrangement of acter of the national cemetery is pro- the inscription proposed for the com- hibited. An underground vault may be memorative monument. placed at the time of interment at no (b) Specifications. (1) The Director expense to the National Park Service. may only authorize a commemorative monument that conforms to the type, § 12.8 Memorial headstones and mark- size, materials, design, and specifica- ers. tions prescribed for the historic design (a) Who may be memorialized. (1) A of the individual cemetery section in person’s eligibility for memorialization which it is proposed for installation. in a national cemetery is determined (2) The Director may not approve a in accordance with the provisions of commemorative monument that bears Federal statutory law. an inscription that includes the name (2) The superintendent may authorize of the person(s) responsible for its pur- the installation of a memorial head- chase or installation. stone or marker of an eligible person (c) Expense. A commemorative monu- provided that no more than one indi- ment approved by the Director may be vidual memorial headstone or marker installed only under the conditions is authorized for each eligible person. that there be no expense or liability in- The erection of an individual memorial curred by the National Park Service in marker to a person is not allowed in connection with its purchase, fabrica- the same national cemetery in which tion, transportation, delivery and erec- the decedent’s name is inscribed on a tion. (d) Title to a commemorative monu- group burial headstone or marker. ment vests in the National Park Serv- (b) (1) The person eligible Application. ice upon its acceptance by an official to submit an application requesting a representative of the Director. memorial headstone or marker is the next-of-kin of the decedent to be me- § 12.10 Floral and commemorative morialized. An application received tributes. from a close relative will be honored if The placement on a grave of fresh cut it is submitted on behalf of the next-of- or artifical flowers in or on a metal or kin or if the next-of-kin is deceased. other non-breakable rod or container (2) An applicant for a memorial head- designated by the superintendent is al- stone or marker shall submit such a re- lowed at times designated by the super- quest to the superintendent. intendent. The placement of a statue, vigil light, or other commemorative § 12.9 Commemorative monuments. object on a grave, or the securing or at- (a) Application. (1) A person request- taching of any object to a headstone, ing authorization to erect a commemo- marker or commemorative monument rative monument shall submit such a is prohibited. request to the Director. The Director’s approval should be obtained prior to § 12.11 Recreational activities. fabrication of the commemorative Engaging in a recreational activity is marker since approval for installation prohibited. is conditioned upon compliance with other specifications found in this sec- § 12.12 Information collection. tion and all applicable provisions of The information collection require- this part. ments contained in §§ 12.6, 12.7, 12.8 and (2) An applicant for authorization to 12.9 have been approved by the Office of erect a commemorative monument Management and Budget under 44 shall include the following information U.S.C. 3501 et seq., and assigned clear- in the application: ance number 1024–0026. The information (i) A list of the persons to be memori- is being collected to obtain informa- alized and the other data desired to be tion necessary to issue permits and
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will be used to grant administrative 13.70 Lake Clark National Park and Pre- benefits. The obligation to respond is serve. required in order to obtain a benefit. 13.71 Noatak National Preserve. [Reserved] 13.72 Sitka National Historical Park. 13.73 Wrangell-St. Elias National Park and PART 13—NATIONAL PARK SYSTEM Preserve. UNITS IN ALASKA 13.74 Yukon-Charley Rivers National Pre- serve. [Reserved] Subpart A—Public Use and Recreation Subpart D—Special Visitor Services Sec. Regulations 13.1 Definitions. 13.2 Applicability and scope. 13.80 Applicability and scope. 13.3 [Reserved] 13.81 Definitions. 13.4 Information collection. 13.82 Historical operators. 13.83 Preferred operators. 13.10—13.16 [Reserved] 13.84 Preference to Cook Inlet Region, In- 13.17 Cabins and other structures. corporated. 13.18 Camping and picnicking. 13.85 Most directly affected Native Corpora- 13.19 Weapons, traps and nets. tion. 13.20 Preservation of natural features. 13.86 Appeal procedures. 13.21 Taking of fish and wildlife. 13.87 Information collection. 13.22 Unattended or abandoned property. 13.30 Closure procedures. AUTHORITY: 16 U.S.C. 1, 3, 462(k), 3101 et 13.31 Permits. seq.; Sec. 13.65 also issued under 16 U.S.C. 1a– 2(h), 20, 1361, 1531, 3197; Pub. L. 105–277, 112 Subpart B—Subsistence Stat. 2681, October 21, 1998; Pub. L. 106–31, 113 Stat. 57, May 21, 1999. 13.40 Purpose and policy. 13.41 Applicability. SOURCE: 46 FR 31854, June 17, 1981, unless 13.42 Definitions. otherwise noted. 13.43 Determination of resident zones. 13.44 Subsistence permits for persons whose Subpart A—Public Use and primary, permanent home is outside a Recreation resident zone. 13.45 Prohibition on aircraft use. § 13.1 Definitions. 13.46 Use of snowmobiles, motorboats, dog teams, and other means of surface trans- The following definitions shall apply portation traditionally employed by to all regulations contained in this local rural residents engaged in subsist- part: ence uses. (a) The term adequate and feasible ac- 13.47 Subsistence fishing. cess means a reasonable method and 13.48 Subsistence hunting and trapping. route of pedestrian or vehicular trans- 13.49 Subsistence use of timber and plant portation which is economically prac- material. 13.50 Closure to subsistence uses of fish and ticable for achieving the use or devel- wildlife. opment desired by the applicant on his/ 13.51 Application procedures for subsistence her non-Federal land or occupancy in- permits and aircraft exceptions. terest, but does not necessarily mean the least costly alternative. Subpart C—Special Regulations—Specific (b) The term aircraft means a ma- Park Areas in Alaska chine or device that is used or intended 13.60 Aniakchak National Monument and to be used to carry persons or objects Preserve. in flight through the air, including, but 13.61 Bering Land Bridge National Preserve. not limited to airplanes, helicopters 13.62 Cape Krusenstern National Monument. and gliders. 13.63 Denali National Park and Preserve. (c) The term ANILCA means the Alas- 13.64 Gates of the Arctic National Park and ka National Interest Lands Conserva- Preserve. tion Act (94 Stat. 2371; Pub. L. 96–487 13.65 Glacier Bay National Park and Pre- (December 2, 1980)). serve. (d) The term carry means to wear, 13.66 Katmai National Park and Preserve. 13.67 Kenai Fjords National Park. bear or carry on or about the person 13.68 Klondike Gold Rush National Histor- and additionally, in the case of fire- ical Park. arms, within or upon a device or ani- 13.69 Kobuk Valley National Park. mal used for transportation.
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(e) The term downed aircraft means diately over land, water, sand, snow, an aircraft that as a result of mechan- ice, marsh, wetland or other natural ical failure or accident cannot take off. terrain, except snowmachines or snow- (f) The term firearm means any load- mobiles as defined in this chapter. ed or unloaded pistol, revolver, rifle, (n) The term park areas means lands shotgun or other weapon which will or and waters administered by the Na- is designated to or may readily be con- tional Park Service within the State of verted to expel a projectile by the ac- Alaska. tion of expanded gases, except that it (o) The term person means any indi- does not include a pistol or rifle pow- vidual, firm, corporation, society, asso- ered by compressed gas. The term ciation, partnership, or any private or ‘‘firearm’’ also includes irritant gas de- public body. vices. (p) The term possession means exer- (g) The term fish and wildlife means cising dominion or control, with or any member of the animal kingdom, without ownership, over weapons, including without limitation any mam- traps, nets or other property. mal, fish, bird (including any migra- (q) The term public lands means lands tory, nonmigratory or endangered bird situated in Alaska which are federally for which protection is also afforded by owned lands, except— treaty or other international agree- (1) Land selections of the State of ment), amphibian, reptile, mollusk, Alaska which have been tentatively ap- crustacean, arthropod, or other inver- proved or validly selected under the tebrate, and includes any part, Alaska Statehood Act (72 Stat. 339) and produce, egg, or offspring thereof, or lands which have been confirmed to, the dead body or part thereof. validly selected by, or granted to the (h) The term fossil means any re- Territory of Alaska or the State under mains, impression, or trace of any ani- any other provision of Federal law; mal or plant of past geological ages that has been preserved, by natural (2) Land selections of a Native Cor- processes, in the earth’s crust. poration made under the Alaska Native Claims Settlement Act (85 Stat. 688) (i) The term gemstone means a silica or igneous mineral including, but not which have not been conveyed to a Na- limited to (1) geodes, (2) petrified wood, tive Corporation, unless any such se- and (3) jade, agate, opal, garnet, or lection is determined to be invalid or is other mineral that when cut and pol- relinquished; and ished is customarily used as jewelry or (3) Lands referred to in section 19(b) other ornament. of the Alaska Native Claims Settle- (j) The term motorboat refers to a mo- ment Act. torized vessel other than a personal (r) The term snowmachine or snow- watercraft. mobile means a self-propelled vehicle (k) The term National Preserve shall intended for off-road travel primarily include the following areas of the Na- on snow having a curb weight of not tional Park System: more than 1,000 pounds (450 kg), driven by a track or tracks in contact with Alagnak National Wild and Scenic River, the snow and steered by a ski or skis Aniakchak National Preserve, Bering Land on contact with the snow. Bridge National Preserve, Denali National Preserve, Gates of the Arctic National Pre- (s) The term take or taking as used serve, Glacier Bay National Preserve, with respect to fish and wildlife, means Katmai National Preserve, Lake Clark Na- to pursue, hunt, shoot, trap, net, cap- tional Preserve, Noatak National Preserve, ture, collect, kill, harm, or attempt to Wrangell-St. Elias National Preserve, and engage in any such conduct. Yukon-Charley National Preserve. (t) The term temporary means a con- (l) The term net means a seine, weir, tinuous period of time not to exceed 12 net wire, fish trap, or other implement months, except as specifically provided designed to entrap fish, except a land- otherwise. ing net. (u) The term trap means a snare, (m) The term off-road vehicle means trap, mesh, or other implement de- any motor vehicle designed for or capa- signed to entrap animals other than ble of crosscountry travel on or imme- fish.
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(v) The term unload means there is (d) Subpart C of this part 13 contains no unexpended shell or cartridge in the special regulations for specific park chamber or magazine of a firearm; areas. Such regulations amend in part bows, crossbows and spearguns are the general regulations contained in stored in such a manner as to prevent this chapter and the regulations con- their ready use; muzzle-loading weap- tained in subparts A and B of this part ons do not contain a powder charge; 13. and any other implement capable of (e) Subpart D of this part 13 contains discharging a missile into the air or regulations applicable to authorized under the water does not contain a visitor service providers operating missile or similar device within the within certain park areas. The regula- loading or discharging mechanism. tions in subpart D of this part amend (w) The term weapon means a fire- in part the general regulations con- arm, compressed gas or spring powered tained in this chapter. pistol or rifle, bow and arrow, cross- (f) For purposes of this chapter, ‘‘fed- bow, blow gun, speargun, hand thrown erally owned lands’’ does not include spear, slingshot, explosive device, or those land interests: any other implement designed to dis- (1) Tentatively approved to the State charge missiles into the air or under of Alaska; or the water. (2) Conveyed by an interim convey- ance to a Native corporation. [46 FR 31854, June 17, 1981, as amended at 62 FR 30234, June 3, 1997; 65 FR 15090, Mar. 21, [46 FR 31854, June 17, 1981, as amended at 61 2000] FR 35137, July 5, 1996; 61 FR 54339, Oct. 18, 1996; 65 FR 37878, June 19, 2000] § 13.2 Applicability and scope. § 13.3 [Reserved] (a) The regulations contained in this part 13 are prescribed for the proper § 13.4 Information collection. use and management of park areas in The information collection require- Alaska and supplement the general ments contained in §§ 13.13, 13.14, 13.15, regulations of this chapter. The gen- 13.16, 13.17, 13.31, 13.44, 13.45, 13.49, and eral regulations contained in this chap- 13.51 have been approved by the Office ter are applicable except as modified of Management and Budget under 44 by this part 13. U.S.C. 3507 and assigned clearance (b) Subpart A of this part 13 contains number 1024–0015. The information is regulations applicable to park areas. being collected to solicit information Such regulations amend in part the necessary for the Superintendent to general regulations contained in this issue permits and other benefits. This chapter. The regulations in subpart A information will be used to grant stat- govern use and management, including utory or administrative benefits. In all subsistence activities, within the park sections except 13.13, the obligation to areas, except as modified by subparts B respond is required to obtain a benefit. or C. In § 13.13, the obligation to respond is (c) Subpart B of this part 13 contains mandatory. regulations applicable to subsistence uses. Such regulations apply on feder- §§ 13.10—13.16 [Reserved] ally owned lands and interests therein within park areas where subsistence is § 13.17 Cabins and other structures. authorized. Subsistence uses are not al- (a) Purpose and policy. The policy of lowed in Kenai Fjords National Park, the National Park Service is to manage Katmai National Park, Glacier Bay Na- the use, occupancy and disposition of tional Park, Klondike Gold Rush Na- cabins and other structures in park tional Historical Park, Sitka National areas in accordance with the language Historical Park, the former Mt. McKin- and intent of ANILCA, the National ley National Park. The regulations in Park Service Organic Act (16 U.S.C. 1 et subpart B amend in part the general seq.) and other applicable law. Except regulations contained in this chapter as Congress has directly and specifi- and the regulations contained in sub- cally provided to the contrary, the use, part A of this part 13. occupancy and disposition of cabins
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and other structures in park areas ‘‘Right of occupancy’’ means a valid shall be managed in a manner that is claim to use or reside in a cabin or compatible with the values and pur- other structure. poses for which the National Park Sys- ‘‘Shelter’’ means a structure de- tem and these park areas have been es- signed to provide temporary relief from tablished. In accordance with this pol- the elements and is characterized as a icy, this section governs the following lean-to having one side open. authorized uses of cabins and other ‘‘Substantial portion of the time’’ structures in park areas: means at least 50 percent of the time (1) Use and/or occupancy pursuant to since beginning occupancy and at least a valid existing lease or permit; 4 (four) consecutive months of contin- (2) Use and occupancy of a cabin not uous occupancy in every calendar year under valid existing lease or permit; after 1986. (3) Use for authorized commercial ‘‘Temporary campsite’’ means a nat- fishing activities; ural, undeveloped area suitable for the (4) Use of cabins for subsistence pur- purpose of overnight occupancy with- poses; out modification. (5) General public use cabins; ‘‘Temporary facility’’ means a struc- (6) Cabins in wilderness areas; ture or other manmade improvement (7) Use of temporary facilities related that can be readily and completely dis- to the taking of fish and wildlife; and mantled and/or removed from the site when the authorized use terminates. (8) New cabins and other structures The term does not include a cabin. otherwise authorized by law. ‘‘Tent platform’’ means a structure, (b) Applicability. Unless otherwise usually made of manufactured timber specified, this section applies to all products, constructed to provide a park areas in Alaska except Klondike solid, level floor for a tent, with or Gold Rush National Historical Park without partial walls not exceeding and Sitka National Historical Park. three feet in height above the floor, (c) Definitions. The following defini- and having only the tent fabric, the tions apply to this section: ridge pole and its support poles extend- ‘‘Cabin’’ means a small, usually one- ing higher than three feet above the story dwelling of simple construction, floor. completely enclosed, with a roof and (d) Administration—(1) Permit applica- walls which may have windows and tion procedures. Except as otherwise door(s). specified in this section, the procedures ‘‘Claimant’’ means a person who has set forth in § 13.31(a) of this chapter occupied and used a cabin or other govern application for any permit au- structure as a primary, permanent res- thorized pursuant to this section. idence for a substantial portion of the (2) Notice and comment on proposed time, and who, when absent, has the in- permit. Before a permit for the use and tention of returning to it as his/her pri- occupancy of a cabin or other structure mary, permanent residence. Factors is issued pursuant to this section, the demonstrating a person’s primary, per- Superintendent shall publish notice of manent residence include, but are not the proposed issuance in the local limited to documentary evidence, e.g. media and provide a public comment the permanent address indicated on li- period of at least sixty days, subject to censes issued by the State of Alaska the following exceptions: Prior notice and tax returns and the location where and comment are not required for a the person is registered to vote. permit authorizing use and occupancy ‘‘Immediate family member’’ means for 14 days or less of a public use cabin a claimant’s spouse, or a grandparent, or use and occupancy of a temporary parent, brother, sister, child or adopted facility for the taking of fish or wild- child of a claimant or of the claimant’s life for sport or subsistence purposes. spouse. (3) Permit revocation. (i) The super- ‘‘Possessory interest’’ means the par- intendent may revoke a permit or lease tial or total ownership of a cabin or issued pursuant to this section when structure. the superintendent determines that the
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use under the permit or lease is caus- (ii) When terminating an activity ing or may cause significant detriment that involves a structure authorized to the principal purposes for which the under this section, to dismantle and re- park area was established. Provided, move the structure and all personal however, that if a permittee submits a property from the park area within a written request for a hearing con- reasonable period of time and in a man- cerning the revocation, based on the ner consistent with the protection of cause listed above, of a permit or lease the park area. issued pursuant to paragraph (e)(1), (7) Access. (i) A permittee under this (e)(2), (e)(4) or (e)(8) of this section, the section who holds a permit for use and matter shall be assigned to an adminis- occupancy of a cabin or other structure trative law judge who, after notice and located on public lands in a park area, hearing and based on substantial evi- not under valid existing lease or permit dence in the administrative record as a in effect on December 2, 1980, does not whole, shall render a recommended de- have a ‘‘valid property or occupancy cision for the superintendent’s review. interest’’ for purposes of ANILCA sec- The superintendent shall then accept, tion 1110(b) and its implementing regu- reject or modify the administrative lations. law judge’s recommended decision in (ii) When issuing a permit under this whole or in part and issue a final deci- section, the Superintendent shall pro- sion in writing. vide for reasonable access which is ap- (ii) The superintendent may revoke propriate and consistent with the val- or modify any permit or lease issued ues and purposes for which the park pursuant to this section when the per- area was established. mittee violates a term of the permit or (iii) All impacts of the access to a lease. cabin or other structure are deemed to (4) Appeal procedures. The procedures be a part of, and shall be considered in set forth in § 13.31(b) of this chapter any evaluation of, the effects of a use govern appeals of a permit denial, a de- authorized by a permit issued under nial of a permit renewal, a permit rev- this section. ocation and a superintendent’s final de- (8) Abandonment. (i) An existing cabin cision on a permit revocation issued or other structure not under valid lease pursuant to paragraph (d)(3)(i) of this or permit, and its contents, are aban- section. doned: (5) Permittee’s interest. (i) A permittee (A) When no permit application has shall not accrue a compensable interest been received for its use and occupancy in a cabin or other structure in a park before October 20, 1987, one year after area unless specifically authorized by the effective date of this section; or Federal statutory law. (B) One year after a permit applica- (ii) A cabin or other structure in a tion for its use and occupancy has been park area may not be sold, bartered, denied or a permit for its use and occu- exchanged, assigned or included as a pancy has been revoked, denied or has portion of any sale or exchange of expired. other property by a permittee unless (ii) A claimant or applicant whose specifically authorized by Federal stat- application for a permit has been de- utory law. nied or whose permit has expired may (iii) The Superintendent shall deter- remove all or a portion of a cabin or mine the extent and nature of a per- other structure and its contents from a mittee’s possessory interest at the park area, to the extent of his or her time a permit is issued or denied. possessory interest and under condi- (6) Cabin Site Compatibility. The Su- tions established by the Super- perintendent shall establish permit intendent, until the date the cabin or conditions that require a permittee— structure is considered abandoned. (i) When constructing, maintaining (iii) The contents of a cabin or other or repairing a cabin or other structure structure are considered abandoned authorized under this section, to use when the cabin or other structure is materials and methods that blend with considered abandoned. and are compatible with the immediate (iv) A person whose permit for the and surrounding landscape; and use and occupancy of a cabin or other
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structure is revoked may remove his or (iii) Transfer. Subject to any prohibi- her personal property from a park area tions or restrictions that apply to under conditions established by the Su- transfer in the existing lease or permit, perintendent until one year after the the Superintendent may transfer a date of the permit’s revocation. valid existing lease or permit to an- (v) The Superintendent shall dispose other person at the election or death of of abandoned property in accordance the original permittee or leaseholder, with §§ 2.22 and 13.22 of this chapter. No only if the Superintendent determines property shall be removed from a cabin that: until such property has been declared (A) The continued use is appropriate abandoned or determined to constitute and compatible with the values and a direct threat to the safety of park purposes of the park area; visitors or area resources. (B) The continued use is non-rec- (9) Emergency use. During an emer- reational in nature; gency involving the safety of human (C) There is no demonstrated over- life, a person may use any cabin des- riding need for public use; and ignated by the Superintendent for offi- (D) The continued use and occupancy cial government business, general pub- will not adversely impact soils, vegeta- lic use or shared subsistence use. The tion, water or wildlife resources. person shall report such use to the Su- (2) Use and occupancy of a cabin not perintendent as soon as is practicable. under valid existing lease or permit as of December 1, 1978. (i) A cabin or other (e) Authorized cabin use and occu- residential structure in existence and pancy. Use or occupancy of a cabin or occupied by a claimant, both prior to structure in a park area is prohibited, December 18, 1973, with the claimant’s except pursuant to the terms of a per- occupancy continuing for a substantial mit issued by the Superintendent portion of the time, may continue to be under this section or as otherwise au- used and occupied by the claimant pur- thorized by provisions of this chapter. suant to a renewable, nontransferable (1) Use and/or occupancy pursuant to a five-year permit. Upon the request of valid existing lease or permit. A person the claimant or a successor who is an who holds a valid lease or permit in ef- immediate family member and residing fect on December 2, 1980, for a cabin, in the cabin or structure, the Super- homesite or similar structure not sub- intendent shall renew this permit ject to the provisions of paragraph every five years until the death of the (e)(2) of this section, on Federal lands last immediate family member of the in a park area, may continue the use claimant who was residing with the authorized by that lease or permit, claimant in the structure under permit subject to the following conditions: at the time of issuance of the original (i) Renewal. The Superintendent shall permit. renew a valid lease or permit upon its (ii) A cabin or other residential expiration in accordance with the pro- structure in existence prior to Decem- visions of the original lease or permit, ber 1, 1978, with occupancy commenced subject to any modifications or new by a claimant between December 18, conditions that the Superintendent 1973 and December 1, 1978, which a finds necessary for the protection of claimant has continued to occupy or the values and purposes of the park use for a substantial portion of the area. time, may continue to be used and oc- (ii) Denial of renewal. The Super- cupied by the claimant pursuant to a intendent may deny the renewal or non-transferable permit. The Super- continuation of a valid lease or permit intendent may issue and extend such only after issuing specific findings, fol- permit for a term not to exceed Decem- lowing notice and an opportunity for ber 1, 1999 for such reasons as are the leaseholder or permittee to re- deemed by the Superintendent to be eq- spond, that renewal or continuation uitable and just. The Superintendent constitutes a direct threat to, or a sig- shall review the permit at least every nificant impairment of, the purposes two years and modify the permit as for which the park area was estab- necessary to protect park resources lished. and values.
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(iii) Permit application. In order to ob- (iv) Permit application deadline. The tain, renew or extend a permit, a deadline for receipt of a permit appli- claimant shall submit a written appli- cation for the occupancy and use of an cation. In the case of an application to existing cabin or other structure de- renew or extend a permit issued pursu- scribed in paragraph (e)(2)(i) or (ii) of ant to this paragraph, if no cir- this section is October 20, 1987, one cumstance relating to the permittee’s year after the effective date of this sec- occupancy and use of the cabin or tion. The Superintendent may extend structure has changed in the interim, this deadline for a reasonable period of applicable material submitted by the time only when a permit applicant permittee to satisfy the original appli- demonstrates that extraordinary cir- cation requirements is considered suffi- cumstances prevented timely applica- cient and need not be resubmitted. The tion. following information is required to be (3) Use for authorized commercial fish- included in a permit application: ing activities. The use of a campsite, (A) Reasonable proof of possessory interest or right of occupancy in the cabin or other structure in conjunction cabin or structure, demonstrated by af- with commercial fishing activities au- fidavit, bill of sale, or other docu- thorized by section 205 of ANILCA in mentation. In order for a claimant to Cape Krusenstern National Monument, qualify for a permit described in para- the Malaspina Glacier Forelands area graph (e)(2)(i) of this section, the of Wrangell-Saint Elias National Pre- claimant’s possessory interest or right serve, and the Dry Bay area of Glacier of occupancy must have been acquired Bay National Preserve is authorized prior to December 18, 1973. In order for pursuant to the provisions of § 13.21(c) a claimant to qualify for a permit de- of this chapter and the terms of a per- scribed in paragraph (e)(2)(ii) of this mit issued by the Superintendent. section, the claimant’s possessory in- (4) Use of cabins for subsistence pur- terest or right of occupancy must have poses. (i) A local rural resident who is been acquired prior to December 1, an eligible subsistence user may use an 1978; existing cabin or other structure or (B) A sketch or photograph that ac- temporary facility or construct a new curately depicts the cabin or structure; cabin or other structure, including (C) A map that shows the geographic temporary facilities, in a portion of a location of the cabin or structure; park area where subsistence use is al- (D) The claimant’s agreement to va- lowed, pursuant to the applicable pro- cate and remove all personal property visions of subparts B and C of this part from the cabin or structure upon expi- and the terms of a permit issued by the ration of the permit; Superintendent. However, the Super- (E) The claimant’s acknowledgement intendent may designate existing cab- that he or she has no legal interest in ins or other structures that may be the real property on which the cabin or shared by local rural residents for au- structure is located; thorized subsistence uses without a (F) Reasonable proof that the claim- permit. ant has lived in the cabin or structure during a substantial portion of the (ii) For purposes of paragraph (e)(4) time and continues to use the cabin or of this section, the term ‘‘local rural other structure as a primary, perma- resident’’, with respect to national nent residence; and parks, monuments, and preserves is de- (G) A list of all immediate family fined in § 13.42 of this chapter. members residing with the claimant (iii) Permit application. In order to ob- within the cabin or structure for which tain or renew a permit, a person shall the application is being submitted. submit an application. In the case of an Such list need only include those im- application to renew a permit issued mediate family members who will be pursuant to this paragraph, if no cir- eligible to continue to use and occupy cumstance relating to the permittee’s the cabin or other structure upon the occupancy and use of the cabin or death or departure of the original structure has changed in the interim, claimant. applicable material submitted by the
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permittee to satisfy the original appli- the applicant’s subsistence uses with a cation requirements is considered suffi- lesser impact on the values and pur- cient and need not be resubmitted. The poses for which the park area was es- following information is required to be tablished. included in a permit application: (v) Permit terms. The Superintendent (A) An explanation of the applicant’s shall, among other conditions, estab- need for the cabin or structure; lish terms of a permit that: (B) A description of an applicant’s (A) Allow for use and occupancy dur- past, present and anticipated future ing the harvest or gathering of subsist- subsistence uses relevant to his or her ence resources, at such times as may need for the cabin or structure; be reasonably necessary to prepare for (C) A blueprint, sketch or photograph a harvest season (e.g., opening or clos- of the cabin or structure; ing a cabin or structure at the begin- (D) A map that shows the geographic ning or end of a period of use), and at location of the cabin or structure; and other times reasonably necessary to (E) A description of the types of oc- accommodate the permittee’s specified cupancy and schedule for use of the subsistence uses; cabin or structure. (B) Prohibit residential use in con- All information may be provided junction with subsistence activities; orally except the cabin blueprint, and sketch or photograph and the map. (C) Limit the term of a permit to a (iv) Permit issuance. (A) In making a period of five years or less. decision on a permit application, the (vi) Temporary facilities. A temporary Superintendent shall consider whether facility or structure directly and nec- the use by local rural residents of a essarily related to the taking of sub- cabin or other structure for subsistence sistence resources may be constructed purposes is customary and traditional and used by a qualified subsistence in that park area and shall determine user without a permit so long as such whether the use and occupancy of a use is for less than thirty days and the new or existing cabin or structure is site is returned to a natural condition. ‘‘necessary to reasonably accommo- The Superintendent may establish con- date’’ the applicant’s subsistence uses. ditions and standards governing the In making this determination, the Su- use or construction of these temporary perintendent shall examine the appli- structures and facilities which shall be cant’s particular circumstances, in- published annually in accordance with cluding but not limited to his or her § 1.7 of this chapter. past patterns of subsistence uses and (vii) Shared use. In any permit au- his or her future subsistence use plans, thorizing the construction of a cabin or reasonable subsistence use alter- other structure necessary to reason- natives, the specific nature of the sub- ably accommodate authorized subsist- sistence uses to be accommodated by ence uses, the Superintendent shall the cabin or structure, the impacts of provide for shared use of the facility by the cabin or structure on other local the permittee and other local rural rural residents who depend on subsist- residents rather than for exclusive use ence uses and the impacts of the pro- by the permittee. posed structure and activities on the (5) General public use cabins. (i) The values and purposes for which the park Superintendent may designate a cabin area was established. or other structure located outside of (B) The Superintendent may permit designated wilderness areas and not the construction of a new cabin or otherwise under permit under this sec- other new structure for subsistence tion (or under permit for only a portion purposes only if a tent or other tem- of the year) as a public use cabin. Such porary facility would not adequately designated public use cabins are in- and reasonably accommodate the ap- tended for short term recreational use plicant’s subsistence uses without sig- and occupancy only. nificant hardship and the use of no (ii) The Superintendent may estab- other type of cabin or other structure lish conditions and develop an alloca- provided for in this section can ade- tion system in order to manage the use quately and reasonably accommodate of designated public use cabins.
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(iii) The Superintendent shall mark changed in the interim, applicable ma- all public use cabins with a sign and terial submitted by the permittee to shall maintain a map showing their lo- satisfy the original application re- cations. quirements is considered sufficient and (6) Cabins in wilderness areas. The use need not be resubmitted. The following and occupancy of a cabin or other information is required to be included structure located in a designated wil- in a permit application: derness area are subject to the other (A) An explanation of the applicant’s applicable provisions of this section, need for the temporary facility, includ- and the following conditions: ing a description of the applicant’s (i) A previously existing public use hunting and fishing activities relevant cabin located within wilderness des- to his or her need for the facility; ignated by ANILCA may be allowed to (B) A diagram, sketch or photograph remain and may be maintained or re- of the temporary facility; placed subject to such restrictions as (C) A map that shows the geographic the Superintendent finds necessary to location of the temporary facility; and preserve the wilderness character of (D) A description of both the past use the area. As used in this paragraph, the (if any) and the desired use of the tem- term ‘‘previously existing public use porary facility, including a schedule cabin’’ means a cabin or other struc- for its projected use and removal. All ture which, on November 30, 1978, was information may be provided orally ex- recognized and managed by a Federal cept the diagram, sketch or photograph land managing agency as a structure available for general public use. of the facility and the map. (ii) Within a wilderness area des- (iii) Permit issuance. (A) In making a ignated by ANILCA, a new public use decision on a permit application, the cabin or shelter may be constructed, Superintendent shall determine wheth- maintained and used only if necessary er a temporary facility is ‘‘directly and for the protection of the public health necessarily related to’’ the applicant’s and safety. legitimate hunting and fishing activi- (iii) A cabin or other structure lo- ties by examining the applicant’s par- cated in a designated wilderness area ticular circumstances, including, but may not be designated, assigned or not limited to his or her reasonable used for commercial purposes, except need for a temporary facility and any that designated public use cabins may reasonable alternatives available that be used in conjunction with commer- are consistent with the applicant’s cial guided visitor services, but not to needs. The Superintendent shall also the exclusion of the general public. consider whether the proposed use (7) Use of temporary facilities related to would constitute an expansion of exist- the taking of fish and wildlife. (i) In a ing facilities or use and would be detri- national preserve where the taking of mental to the purposes for which the fish and wildlife is permitted, the con- national preserve was established. If struction, maintenance or use of a tem- the Superintendent finds that the pro- porary campsite, tent platform, shelter posed use would either constitute an or other temporary facility or equip- expansion above existing levels or be ment directly and necessarily related detrimental to the purposes of the pre- to such activities is prohibited except serve, he/she shall deny the permit. pursuant to the terms of a permit The Superintendent may authorize the issued by the Superintendent. This re- replacement or relocation within the quirement applies only to a temporary national preserve of an existing tem- facility that will remain in place for a porary facility or structure. period longer than 14 days. (B) The Superintendent shall deny an (ii) Permit application. In order to ob- application for a proposed use that tain or renew a permit, a person shall would exceed a ceiling or allocation es- submit an application. In the case of an tablished pursuant to the national pre- application to renew a permit issued serve’s General Management Plan. pursuant to this paragraph, if no cir- (iv) Permit terms. The Superintendent cumstance relating to the permittee’s shall allow for use and occupancy of a occupancy and use of the structure has temporary facility only to the extent
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that such facility is directly and nec- National Historical Park and the essarily related to the permittee’s former Mt. McKinley National Park, hunting and fishing activities, and Glacier Bay National Monument and shall provide that the temporary facil- Katmai National Monument. ity be used and maintained in a man- (b) Firearms may be carried within ner consistent with the protection of park areas in accordance with applica- the values and purposes of the park ble Federal and State laws, except area in which it is located. The Super- where such carrying is prohibited or intendent may also establish permit otherwise restricted pursuant to § 13.30. terms that: (c) Traps, bows and other implements (A) Limit use to a specified period, authorized by State and Federal law not to exceed the applicable hunting or for the taking of fish and wildlife may fishing season and such additional brief be carried within National Preserves periods necessary to maintain the fa- only during those times when the tak- cility before and after the season; ing of fish and wildlife is authorized by (B) Require the permittee to remove applicable law or regulation. a temporary facility and all associated (d) In addition to the authorities pro- personal property from the park area vided in paragraphs (b) and (c) of this upon termination of the permittee’s section, weapons (other than firearms) hunting and fishing activities and re- traps and nets may be possessed within lated use of the facility or on a specific park areas provided such weapons, date; traps or nets are within or upon a de- (C) Require reasonable seasonal relo- vice or animal used for transportation cation of a temporary facility in order and are unloaded and cased or other- to protect the values and purposes for wise packed in such a manner as to which the park area was established; prevent their ready use while in a park (D) Require that a temporary facility area. be used on a shared basis and not ex- (e) Notwithstanding the provisions of clusively by the permittee; and this section, local rural residents who (E) Limit the overall term of a per- are authorized to engage in subsistence mit to a reasonable period of time, not uses, including the taking of wildlife to exceed one year. pursuant to § 13.48, may use, possess, or (8) New cabins and other structures oth- carry traps, nets and other weapons in erwise authorized by law. The Super- accordance with applicable State and intendent may issue a permit for the Federal laws. construction, temporary use, occu- pancy, and maintenance of a cabin or § 13.20 Preservation of natural fea- other structure which is authorized by tures. law but not governed by any other (a) This section applies to all park paragraph in this section. areas in Alaska except Klondike Gold [51 FR 33484, Sept. 19, 1986] Rush National Historical Park, Sitka National Historical Park, the former § 13.18 Camping and picnicking. Mt. McKinley National Park, Glacier (a) Camping. Camping is permitted in Bay National Monument, and Katmai park areas except where such use is National Monument. prohibited or otherwise restricted by (b) Renewable Resources. The gath- the Superintendent in accordance with ering or collecting, by hand and for the provisions of § 13.30, or as set forth personal use only, of the following re- for specific park areas in subpart C of newable resources is permitted: this part. (1) Natural plant food items, includ- (b) Picnicking. Picnicking is per- ing fruits, berries and mushrooms, but mitted in park areas except where such not including threatened or endangered activity is prohibited by the posting of species; appropriate signs. (2) Driftwood and uninhabited sea- shells; § 13.19 Weapons, traps and nets. (3) Such plant materials and minerals (a) This section applies to all park as are essential to the conduct of tradi- areas in Alaska except Klondike Gold tional ceremonies by Native Ameri- Rush National Historical Park, Sitka cans; and
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(4) Dead or downed wood for use in rectly incident to the exercise of those fires within park areas. rights or privileges. (c) Rocks and Minerals. Surface col- (1) Restrictions. The Superintendent lection, by hand (including hand-held may restrict or revoke the exercise of a gold pans) and for personal rec- valid commercial fishing right or privi- reational use only, of rocks and min- lege based upon specific findings, fol- erals is permitted: Provided, however, lowing public notice and an oppor- That (1) collection of silver, platinum, tunity for response, that continuation gemstones and fossils is prohibited, and of such use of a park area constitutes a (2) collection methods which may re- direct threat to or significant impair- sult in disturbance of the ground sur- ment of the values and purposes for face, such as the use of shovels, pick- which the park area was established. axes, sluice boxes, and dredges, are pro- (2) Expansion of uses. (i) A person hibited. (d) Closure and Notice. Under condi- holding a valid commercial fishing tions where it is found that significant right or privilege may expand his or adverse impact on park resources, wild- her level of use of a park area beyond life populations, subsistence uses, or the level of such use in 1979 only pursu- visitor enjoyment of resources will re- ant to the terms of a permit issued by sult, the Superintendent shall prohibit the Superintendent. the gathering or otherwise restrict the (ii) The Superintendent may deny a collecting of these items. Portions of a permit or otherwise restrict the ex- park area in which closures or restric- panded use of a park area directly inci- tions apply shall be (1) published in at dent to the exercise of such rights or least one newspaper of general circula- privileges, if the Superintendent deter- tion in the State and designated on a mines, after conducting a public hear- map which shall be available for public ing in the affected locality, that the inspection in the office of the Super- expanded use constitutes either: intendent, or (2) designated by the (A) A significant expansion of the use posting of appropriate signs, or (3) of a park area beyond the level of such both. use during 1979 (taking into consider- (e) 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 § 13.21 Taking of fish and wildlife. for which the park area was estab- (a) [Reserved] lished. (b) Fishing. Fishing is permitted in (d) Hunting and trapping. (1) Hunting all park areas in accordance with ap- and trapping are allowed in national plicable State and Federal law, and preserves in accordance with applicable such laws are hereby adopted and made Federal and non-conflicting State law a part of these regulations to the ex- and regulations. tent they are not inconsistent with § 2.3 (2) Violating a provision of either of this chapter. (c) Commercial fishing. The exercise of Federal or non-conflicting State law or valid commercial fishing rights or regulation is prohibited. privileges obtained prior to December (3) Engaging in trapping activities as 2, 1980, pursuant to existing law in Cape the employee of another person is pro- Krusenstern National Monument, the hibited. Malaspina Glacier Forelands area of (4) It shall be unlawful for a person the Wrangell-St. Elias National Pre- having been airborne to use a firearm serve, and the Dry Bay area of Glacier or any other weapon to take or assist Bay National Preserve, including the in taking any species of bear, caribou, use of these park areas for existing Sitka black-tailed deer, elk, coyote, campsites, cabins and other structures, arctic and red fox, mountain goat, motorized vehicles, and aircraft land- moose, Dall sheep, lynx, bison, musk ings on existing airstrips, may con- ox, wolf and wolverine until after 3 tinue provided that all such use is di- a.m. on the day following the day in
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which the flying occurred. This prohi- ignated by the posting of appropriate bition does not apply to flights on reg- signs or (iii) both. ularly scheduled commercial airlines (d) In the event unattended property between regularly maintained public interferes with the safe and orderly airports. management of a park area or is caus- (e) Closures and restrictions. The Su- ing damage to the resources of the perintendent may prohibit or restrict area, it may be impounded by the Su- the non-subsistence taking of fish or perintendent at any time. wildlife in accordance with the provi- sions of § 13.30 of this chapter. Except § 13.30 Closure procedures. in emergency conditions, such restric- (a) Authority. The Superintendent tions shall take effect only after the may close an area or restrict an activ- Superintendent has consulted with the ity on an emergency, temporary, or appropriate State agency having re- permanent basis. sponsibility over fishing, hunting, or (b) Criteria. In determining whether trapping and representatives of af- to close an area or restrict an activity fected users. on an emergency basis, the Super- [46 FR 31854, June 17, 1981, as amended at 51 intendent shall be guided by factors FR 33487, Sept. 19, 1986; 60 FR 18534, Apr. 11, such as public health and safety, re- 1995] source protection, protection of cul- tural or scientific values, subsistence § 13.22 Unattended or abandoned uses, endangered or threatened species property. conservation, and other management (a) This section applies to all park considerations necessary to ensure areas in Alaska except Klondike Gold that the activity or area is being man- Rush National Historical Park and aged in a manner compatible with the Sitka National Historical Park, or as purposes for which the park area was further restricted for specific park established. areas in subpart C of this part. (c) Emergency Closures. (1) Emergency (b) Leaving any snowmachine, vessel, closures or restrictions relating to the off-road vehicle or other personal prop- use of aircraft, snowmachines, motor- erty unattended for longer than 12 boats, or nonmotorized surface trans- months without prior permission of the portation shall be made after notice Superintendent is prohibited, and any and hearing; (2) emergency closures or property so left may be impounded by restrictions relating to the taking of the Superintendent. fish and wildlife shall be accompanied (c) The Superintendent may (1) des- by notice and hearing; (3) other emer- ignate areas where personal property gency closures shall become effective may not be left unattended for any upon notice as prescribed in § 13.30(f); time period, (2) establish limits on the and (4) no emergency closure or restric- amount, and type of personal property tion shall extend for a period exceeding that may be left unattended, (3) pre- 30 days, nor may it be extended. scribe the manner in which personal (d) Temporary closures or restrictions. property may be left unattended, or (4) (1) Temporary closures or restrictions establish limits on the length of time relating to the use of aircraft, personal property may be left unat- snowmachines, motorboats, or non- tended. Such designations and restric- motorized surface transportation or to tions shall be (i) published in at least the taking of fish and wildlife, shall one newspaper of general circulation not be effective prior to notice and within the State, posted at community hearing in the vicinity of the area(s) post offices within the vicinity af- directly affected by such closures or re- fected, made available for broadcast on strictions, and other locations as ap- local radio stations in a manner rea- propriate; (2) other temporary closures sonably calculated to inform residents shall be effective upon notice as pre- in the affected community, and des- scribed in § 13.30(f); (3) temporary clo- ignated on a map which shall be avail- sures or restrictions shall not extend able for public inspection at the office for a period exceeding 12 months and of the Superintendent, or (ii) des- may not be extended.
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(e) Permanent closures or restrictions. If the permit application is denied, the Permanent closures or restrictions Superintendent shall specify in writing shall be published as rulemaking in the the reasons for the denial. FEDERAL REGISTER with a minimum (b) Denial and appeal procedures. (1) public comment period of 60 days and An applicant whose application for a shall be accompanied by public hear- permit, required pursuant to this part, ings in the area affected and other lo- has been denied by the Superintendent cations as appropriate. has the right to have the application (f) Notice. Emergency, temporary and reconsidered by the Regional Director permanent closures or restrictions by contacting him/her within 180 days shall be (1) published in at least one of the issuance of the denial. For pur- newspaper of general circulation in the poses of reconsideration, the permit ap- State and in at least one local news- plicant shall present the following in- paper if available, posted at commu- formation: nity post offices within the vicinity af- (i) Any statement or documentation, fected, made available for broadcast on in addition to that included in the ini- local radio stations in a manner rea- tial application, which demonstrates sonably calculated to inform residents that the applicant satisfies the criteria in the affected vicinity, and designated set forth in the section under which on a map which shall be available for the permit application is made. public inspection at the office of the (ii) The basis for the permit appli- Superintendent and other places con- cant’s disagreement with the Super- venient to the public; or (2) designated intendent’s findings and conclusions; by the posting of appropriate signs; or and (3) both. (iii) Whether or not the permit appli- (g) Openings. In determining whether cant requests an informal hearing be- to open an area to public use or activ- fore the Regional Director. ity otherwise prohibited, the Super- (2) The Regional Director shall pro- intendent shall provide notice in the vide a hearing if requested by the ap- FEDERAL REGISTER and shall, upon re- plicant. After consideration of the quest, hold a hearing in the affected vi- written materials and oral hearing, if cinity and other locations as appro- any, and within a reasonable period of priate prior to making a final deter- time, the Regional Director shall af- mination. firm, reverse, or modify the denial of (h) Except as otherwise specifically the Superintendent and shall set forth permitted under the provisions of this in writing the basis for the decision. A part, entry into closed areas or failure copy of the decision shall be forwarded to abide by restrictions established promptly to the applicant and shall under this section is prohibited. constitute final agency action. § 13.31 Permits. Subpart B—Subsistence (a) Application. (1) Application for a permit required by any section of this § 13.40 Purpose and policy. part shall be submitted to the Super- (a) Consistent with the management intendent having jurisdiction over the of fish and wildlife in accordance with affected park area, or in the absence of recognized scientific principles and the the Superintendent, the Regional Di- purposes for which each park area was rector. If the applicant is unable or established, designated, or expanded by does not wish to submit the application ANILCA, the purpose of this subpart is in written form, the Superintendent to provide the opportunity for local shall provide the applicant an oppor- rural residents engaged in a subsist- tunity to present the application orally ence way of life to do so pursuant to and shall keep a record of such oral ap- applicable State and Federal law. plication. (b) Consistent with sound manage- (2) The Superintendent shall grant or ment principles, and the conservation deny the application in writing within of healthy populations of fish and wild- 45 days. If this deadline cannot be met life, the utilization of park areas is to for good cause, the Superintendent cause the least adverse impact possible shall so notify the applicant in writing. on local rural residents who depend
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upon subsistence uses of the resources Wrangell-St. Elias National Park, and of the public lands in Alaska. the Denali National Park addition. (c) Nonwasteful subsistence uses of fish, wildlife and other renewable re- § 13.42 Definitions. sources by local rural residents shall be (a) Local rural resident. (1) As used in the priority consumptive uses of such this part with respect to national resources over any other consumptive parks and monuments, the term ‘‘local uses permitted within park areas pur- rural resident’’ shall mean either of the suant to applicable State and Federal following: law. (i) Any person who has his/her pri- (d) Whenever it is necessary to re- mary, permanent home within the resi- strict the taking of a fish or wildlife dent zone as defined by this section, population within a park area for sub- and whenever absent from this pri- sistence uses in order to assure the mary, permanent home, has the inten- continued viability of such population or to continue subsistence uses of such tion of returning to it. Factors dem- population, the population shall be al- onstrating the location of a person’s located among local rural residents en- primary, permanent home may include, gaged in subsistence uses in accordance but are not limited to, the permanent with a subsistence priority system address indicated on licenses issued by based on the following criteria: the State of Alaska Department of (1) Customary and direct dependence Fish and Game, driver’s license, and upon the resource as the mainstay of tax returns, and the location of reg- one’s livelihood; istration to vote. (2) Local residency; and (ii) Any person authorized to engage (3) Availability of alternative re- in subsistence uses in a national park sources. or monument by a subsistence permit (e) The State of Alaska is authorized issued pursuant to § 13.44. to regulate the taking of fish and wild- (2) [Reserved] life for subsistence uses within park (b) Resident zone. As used in this part, areas to the extent such regulation is the term ‘‘resident zone’’ shall mean consistent with applicable Federal law, the area within, and the communities including but not limited to ANILCA. and areas near, a national park or (f) Nothing in this subpart shall be monument in which persons who have construed as permitting a level of sub- customarily and traditionally engaged sistence use of fish and wildlife within in subsistence uses within the national park areas to be inconsistent with the park or monument permanently reside. conservation of healthy populations, The communities and areas near a na- and within a national park or monu- tional park or monument included as a ment to be inconsistent with the con- part of its resident zone shall be deter- servation of natural and healthy popu- mined pursuant to § 13.43 and listed for lations, of fish and wildlife. each national park or monument in Subpart C of this part. § 13.41 Applicability. (c) Subsistence uses. As used in this Subsistence uses by local rural resi- part, the term ‘‘subsistence uses’’ shall dents are allowed pursuant to the regu- mean the customary and traditional lations of this Subpart in the following uses by rural Alaska residents of wild, park areas: renewable resources for direct personal (a) In national preserves; or family consumption as food, shelter, (b) In Cape Krusenstern National fuel, clothing, tools or transportation; Monument and Kobuk Valley National for the making and selling of handi- Park; craft articles out of nonedible byprod- (c) Where such uses are traditional ucts of fish and wildlife resources (as may be further designated for each taken for personal or family consump- park or monument in Subpart C of this tion; for barter or sharing for personal part) in Aniakchak National Monu- or family consumption; and for cus- ment, Gates of the Arctic National tomary trade. For the purposes of this Park, Lake Clark National Park, paragraph, the term—
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(1) ‘‘Family’’ shall mean all persons tional park or monument may apply to related by blood, marriage, or adop- the appropriate Superintendent pursu- tion, or any person living within the ant to the procedures set forth in § 13.51 household on a permanent basis; and for a subsistence permit authorizing (2) ‘‘Barter’’ shall mean the exchange the permit applicant to engage in sub- of fish or wildlife or their parts taken sistence uses within the national park for subsistence uses— or monument. The Superintendent (i) For other fish or game or their shall grant the permit if the permit ap- parts; or plicant demonstrates that, (ii) For other food or for nonedible (1) Without using aircraft as a means items other than money if the ex- of access for purposes of taking fish change is of a limited and noncommer- and wildlife for subsistence uses, the cial nature; and applicant has (or is a member of a fam- (3) ‘‘Customary trade’’ shall be lim- ily which has) customarily and tradi- ited to the exchange of furs for cash tionally engaged in subsistence uses (and such other activities as may be within a national park or monument; designated for a specific park area in or Subpart C of this part). (2) The applicant is a local rural resi- dent within a resident zone for another § 13.43 Determination of resident national park or monument, or meets zones. the requirements of paragraph (a)(1) of (a) A resident zone shall include— this section for another national park (1) The area within a national park or monument, and there exists a pat- or monument, and tern of subsistence uses (without use of (2) The communities and areas near a an aircraft as a means of access for national park or monument which con- purposes of taking fish and wildlife for tain significant concentrations of rural subsistence uses) between the national residents who, without using aircraft park or monument previously utilized as a means of access for purposes of by the permit applicant and the na- taking fish or wildlife for subsistence tional park or monument for which the uses (except in extraordinary cases permit applicant seeks a subsistence where no reasonable alternative ex- permit. isted), have customarily and tradition- (b) In order to provide for subsistence ally engaged in subsistence uses within uses pending application for and re- a national park or monument. For pur- ceipt of a subsistence permit, until Au- poses of determining ‘‘significant’’ con- gust 1, 1981, any rural resident whose centrations, family members shall also primary permanent home is outside the be included. boundaries of a resident zone of a na- (b) After notice and comment, includ- tional park or monument and who ing public hearing in the affected local meets the criteria for a subsistence vicinity, a community or area near a permit set forth in paragraph (a) of national park or monument may be— this section may engage in subsistence (1) Added to a resident zone, or uses in the national park or monument (2) Deleted from a resident zone, without a permit in accordance with when such community or area does or applicable State and Federal law. Ef- does not meet the criteria set forth in fective August 1, 1981, however, such paragraph (a) of this section, as appro- rural resident must have a subsistence priate. permit as required by paragraph (a) of (c) For purposes of this section, the this section in order to engage in sub- term ‘‘family’’ shall mean all persons sistence uses in the national park or living within a rural resident’s house- monument. hold on a permanent basis. (c) For purposes of this section, the term ‘‘family’’ shall mean all persons § 13.44 Subsistence permits for per- living within a rural resident’s house- sons whose primary, permanent hold on a permanent basis. home is outside a resident zone. (a) Any rural resident whose pri- § 13.45 Prohibition of aircraft use. mary, permanent home is outside the (a) Notwithstanding the provisions of boundaries of a resident zone of a na- § 13.12 the use of aircraft for access to
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or from lands and waters within a na- (c) Nothing in this section shall pro- tional park or monument for purposes hibit the use of aircraft for access to of taking fish or wildlife for subsist- lands and waters within a national ence uses within the national park or park or monument for purposes of en- monument is prohibited except as pro- gaging in any activity allowed by law vided in this section. other than the taking of fish and wild- (b) Exceptions. (1) In extraordinary life. Such activities include, but are cases where no reasonable alternative not limited to, transporting supplies. exists, the Superintendent shall per- § 13.46 Use of snowmobiles, motor- mit, pursuant to specified terms and boats, dog teams, and other means conditions, a local rural resident of an of surface transportation tradition- ‘‘exempted community’’ to use aircraft ally employed by local rural resi- for access to or from lands and water dents engaged in subsistence uses. within a national park or monument (a) Notwithstanding any other provi- for purposes of taking fish or wildlife sion of this chapter, the use of snow- for subsistence uses. mobiles, motorboats, dog teams, and (i) A community shall quality as an other means of surface transportation ‘‘exempted community’’ if, because of traditionally employed by local rural the location of the subsistence re- residents engaged in subsistence uses is sources upon which it depends and the permitted within park areas except at extraordinary difficulty of surface ac- those times and in those areas re- cess to these subsistence resources, the stricted or closed by the Super- local rural residents who permanently intendent. reside in the community have no rea- (b) The Superintendent may restrict sonable alternative to aircraft use for or close a route or area to use of snow- access to these subsistence resources. mobiles, motorboats, dog teams, or (ii) A community which is deter- other means of surface transportation mined, after notice and comment (in- traditionally employed by local rural cluding public hearing in the affected residents engaged in subsistence uses if local vicinity), to meet the description the Superintendent determines that of an ‘‘exempted community’’ set forth such use is causing or is likely to cause in paragraph (b)(1) of this section shall an adverse impact on public health and be included in the appropriate special safety, resource protection, protection regulations for each park and monu- of historic or scientific values, subsist- ment set forth in Subpart C of this ence uses, conservation of endangered part. or threatened species, or the purposes for which the park area was estab- (iii) A community included as an lished. ‘‘exempted community’’ in Subpart C (c) No restrictions or closures shall of this part may be deleted therefrom be imposed without notice and a public upon a determination, after notice and hearing in the affected vicinity and comment (including public hearing in other locations as appropriate. In the the affected local vicinity), that it does case of emergency situations, restric- not meet the description of an ‘‘ex- tions or closures shall not exceed sixty empted community’’ set forth in para- (60) days and shall not be extended un- graph (b)(1) of this section. less the Superintendent establishes, (2) Any local rural resident aggrieved after notice and public hearing in the by the prohibition on aircraft use set affected vicinity and other locations as forth in this section may apply for an appropriate, that such extension is jus- exception to the prohibition pursuant tified according to the factors set forth to the procedures set forth in § 13.51. In in paragraph (b) of this section. Notice extraordinary cases where no reason- of the proposed or emergency restric- able alternative exists, the Super- tions or closures and the reasons there- intendent may grant the exception for shall be published in at least one upon a determination that the location newspaper of general circulation with- of the subsistence resources depended in the State and in at least one local upon and the difficulty of surface ac- newspaper if appropriate, and informa- cess to these resources, or other emer- tion about such proposed or emergency gency situation, requires such relief. actions shall also be made available for
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broadcast on local radio stations in a consistent with the provisions of this manner reasonably calculated to in- chapter, applicable State laws and reg- form local rural residents in the af- ulations governing the taking of wild- fected vicinity. All restrictions and life which are now or will hereafter be closures shall be designated on a map in effect are hereby incorporated by which shall be available for public in- reference as a part of these regulations. spection at the office of the Super- intendent of the affected park area and § 13.49 Subsistence use of timber and the post office or postal authority of plant material. every affected community within or (a) Notwithstanding any other provi- near the park area, or by the posting of sion of this part, the non-commercial signs in the vicinity of the restrictions cutting of live standing timber by local or closures, or both. rural residents for appropriate subsist- (d) Motorboats, snowmobiles, dog ence uses, such as firewood or house teams, and other means of surface logs, may be permitted in park areas transportation traditionally employed where subsistence uses are allowed as by local rural residents engaged in sub- follows: sistence uses shall be operated (1) in (1) For live standing timber of diame- compliance with applicable State and ter greater than three inches at ground Federal law, (2) in such a manner as to height, the Superintendent may permit prevent waste or damage to the park cutting in accordance with the speci- areas, and (3) in such a manner as to fications of a permit if such cutting is prevent the herding, harassment, haz- determined to be compatible with the ing or driving of wildlife for hunting or purposes for which the park area was other purposes. established; (e) At all times when not engaged in subsistence uses, local rural residents (2) For live standing timber of diame- may use snowmobiles, motorboats, dog ter less than three inches at ground teams, and other means of surface height, cutting is permitted unless re- transportation in accordance with stricted by the Superintendent. §§ 13.10, 13.11, 13.12, and 13.14, respec- (b) The noncommerical gathering by tively. local rural residents of fruits, berries, mushrooms, and other plant materials § 13.47 Subsistence fishing. for subsistence uses, and the Fish may be taken by local rural noncommerical gathering of dead or residents for subsistence uses in park downed timber for firewood, shall be areas where subsistence uses are al- allowed without a permit in park areas lowed in compliance with applicable where subsistence uses are allowed. State and Federal law, including the (c)(1) Nothwithstanding any other provisions of §§ 2.3 and 13.21 of this provision of this part, the Super- chapter: Provided, however, That local intendent, after notice and public hear- rural residents in park areas where ing in the affected vicinity and other subsistence uses are allowed may fish locations as appropriate, may tempo- with a net, seine, trap, or spear where rarily close all or any portion of a park permitted by State law. To the extent area to subsistence uses of a particular consistent with the provisions of this plant population only if necessary for chapter, applicable State laws and reg- reasons of public safety, administra- ulations governing the taking of fish tion, or to assure the continued viabil- which are now or will hereafter be in ity of such population. For the pur- effect are hereby incorporated by ref- poses of this section, the term ‘‘tempo- erence as a part of these regulations. rarily’’ shall mean only so long as rea- sonably necessary to achieve the pur- § 13.48 Subsistence hunting and trap- poses of the closure. ping. (2) If the Superintendent determines Local rural residents may hunt and that an emergency situation exists and trap wildlife for subsistence uses in that extraordinary measures must be park areas where subsistence uses are taken for public safety or to assure the allowed in compliance with applicable continued viability of a particular State and Federal law. To the extent plant population, the Superintendent
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may immediately close all or any por- any portion of a park area to the sub- tion of a park area to the subsistence sistence uses of such population. Such uses of such population. Such emer- emergency closure shall be effective gency closure shall be effective when when made, shall be for a period not to made, shall be for a period not to ex- exceed sixty (60) days, and may not ceed sixty (60) days, and may not sub- subsequently be extended unless the sequently be extended unless the Su- Superintendent establishes, after no- perintendent establishes, after notice tice and public hearing in the affected and public hearing in the affected vi- vicinity and other locations as appro- cinity and other locations as appro- priate, that such closure should be ex- priate, that such closure should be ex- tended. tended. (c) Notice of administrative actions (3) Notice of administrative actions taken pursuant to this section, and the taken pursuant to this section, and the reasons justifying such actions, shall reasons justifying such actions, shall be published in at least one newspaper be published in at least one newspaper of general circulation within the State of general circulation within the State and in at least one local newspaper if and at least one local newspaper if available, and information about such available, and information about such actions and reasons also shall be made actions and reasons also shall be made available for broadcast on local radio available for broadcast on local radio stations in a manner reasonably cal- stations in a manner reasonably cal- culated to inform local rural residents culated to inform local rural residents in the affected vicinity. All closures in the affected vicinity. All closures shall be designated on a map which shall be designated on a map which shall be available for public inspection shall be available for public inspection at the office of the Superintendent of at the office of the Superintendent of the affected park area and the post of- the affected park area and the post of- fice or postal authority of every af- fice or postal authority of every af- fected community within or near the fected community within or near the park area, or by the posting of signs in park area, or by the posting of signs in the vicinity of the restrictions, or the vicinity of the restrictions, or both. both. § 13.51 Application procedures for sub- § 13.50 Closure to subsistence uses of sistence permits and aircraft excep- fish and wildlife. tions. (a) Notwithstanding any other provi- (a) Any person applying for the sub- sion of this part, the Superintendent, sistence permit required by § 13.44(a), or after consultation with the State and the exception to the prohibition on air- adequate notice and public hearing in craft use provided by § 13.45(b)(2), shall the affected vicinity and other loca- submit his/her application to the Su- tions as appropriate, may temporarily perintendent of the appropriate na- close all or any portion of a park area tional park or monument. If the appli- to subsistence uses of a particular fish cant is unable or does not wish to sub- or wildlife population only if necessary mit the application in written form, for reasons of public safety, adminis- the Superintendent shall provide the tration, or to assure the continued via- applicant an opportunity to present bility of such population. For purposes the application orally and shall keep a of this section, the term ‘‘temporarily’’ record of such oral application. Each shall mean only so long as reasonably application must include (1) a state- necessary to achieve the purposes of ment which acknowledges that pro- the closure. viding false information in support of (b) If the Superintendent determines the application is a violation of Sec- that an emergency situation exists and tion 1001 of Title 18 of the United that extraordinary measures must be States Code, and (2) additional state- taken for public safety or to assure the ments or documentation which dem- continued viability of a particular fish onstrates that the applicant satisfies or wildlife population, the Super- the criteria set forth in § 13.44(a) for a intendent may immediately close all or subsistence permit or § 13.45(b)(2) for
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the aircraft exception, as appropriate. Chignik Except in extraordinary cases for good Chignik Lagoon cause shown, the Superintendent shall Chignik Lake decide whether to grant or deny the ap- Meshik plication in a timely manner not to ex- Port Heiden ceed forty-five (45) days following the receipt of the completed application. § 13.61 Bering Land Bridge National Preserve. Should the Superintendent deny the application, he/she shall include in the (a) Off-Road Vehicles. The use of off- decision a statement of the reasons for road vehicles for purposes of reindeer the denial and shall promptly forward grazing may be permitted in accord- a copy to the applicant. ance with a permit issued by the Su- (b) An applicant whose application perintendent. has been denied by the Superintendent has the right to have his/her applica- § 13.62 Cape Krusenstern National tion reconsidered by the Alaska Re- Monument. gional Director by contacting the Re- (a) Subsistence—(1) Resident Zone. The gional Director within 180 days of the following communities and areas are issuance of the denial. The Regional included within the resident zone for Director may extend the 180-day time Cape Krusenstern National Monument: limit to initiate a reconsideration for Kivalina good cause shown by the applicant. For Kotzebue purposes of reconsideration, the appli- Noatak cant shall present the following infor- mation: § 13.63 Denali National Park and Pre- (1) Any statement or documentation, serve. in addition to that included in the ini- (a) Subsistence—(1) Resident Zone. The tial application, which demonstrates following communities and areas are that the applicant satisfies the criteria included within the resident zone for set forth in paragraph (a) of this sec- Denali National Park addition: tion; (2) The basis for the applicant’s dis- Cantwell agreement with the Superintendent’s Minchumina findings and conclusions; and Nikolai (3) Whether or not the applicant re- Telida quests an informal hearing before the (b) Camping. Camping is prohibited Regional Director. along the road corridor and at Wonder (c) The Regional Director shall pro- Lake, except at designated areas. vide a hearing if requested by the ap- Camping is allowed in other areas in plicant. After consideration of the accordance with the backcountry man- written materials and oral hearing, if agement plan. any, and within a reasonable period of (c) Unattended or Abandoned Property. time, the Regional Director shall af- Leaving unattended and abandoned firm, reverse, or modify the denial of property along the road corridor, at the Superintendent and shall set forth Wonder Lake, and in the areas included in writing the basis for the decision. A in the backcountry management plan, copy of the decision shall be forwarded is prohibited. promptly to the applicant and shall (d) Operation of motor vehicles on the constitute final agency action. Denali Park road west of the Savage River—(1) Do I need a permit to operate Subpart C—Special Regulations— a motor vehicle on the Denali Park road Specific Park Areas in Alaska west of the Savage River? Yes, you must obtain a permit from the super- § 13.60 Aniakchak National Monument intendent to operate a motor vehicle and Preserve. on the restricted section of the Denali (a) Subsistence—(1) Resident Zone. The Park road. The restricted section be- following communities and areas are gins at the west end of the Savage included within the resident zone for River Bridge (mile 14.8) and continues Aniakchak National Monument: to the former Mt. McKinley National
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Park boundary north of Wonder Lake (f) Mountain climbing. Climbing on (mile 87.9). Mount McKinley or Mount Foraker (2) How many permits will be issued without registering, on a form provided each summer? The superintendent is au- by the Superintendent, at least 60 days thorized, under this section, to issue no in advance of any climb is prohibited. more than 10,512 motor vehicle permits (g) Kantishna area summer season fire- each year for access to the restricted arm safety zone—(1) What is prohibited? section of the road. The superintendent No one may fire a gun during the sum- will issue the permits for the period mer season in or across the Kantishna that begins on the Saturday of Memo- area firearm safety zone, unless they rial Day weekend and continues are defending life or property. through the second Thursday following (i) The summer season begins on the Labor Day or September 15, whichever Saturday of Memorial Day weekend comes first. Each permit allows one ve- and continues through the second hicle one entry onto the restricted por- Thursday following Labor Day or Sep- tion of the Park road. tember 15, whichever comes first. (3) How will the superintendent manage (ii) The Kantishna Area firearm safe- the permit program? (i) The super- ty zone includes: the Kantishna Air- intendent will apportion motor vehicle strip; the State Omnibus Act Road permits among authorized users fol- right-of-way; and all public lands lo- lowing the procedures in § 13.31. Au- cated within one mile of the Kantishna thorized users are individuals, groups Airstrip or the State Omnibus Act and governmental entities who are al- Road right-of-way, from the former Mt. lowed by law or policy to use the re- McKinley National Park boundary at stricted section of the road. mile 87.9 to the south end of the (ii) The superintendent will establish Kantishna Airstrip. an annual date to evaluate permit re- (h) Snowmachine (snowmobile) oper- quests and publish that date, along ation in Denali National Park and Pre- with the results of the annual appor- serve—(1) What is the definition of a tra- tionment, in the superintendent’s com- ditional activity for which Section 1110(a) pendium of rules and orders. The super- of ANILCA permits snowmachines to be intendent’s compendium is available to used in the former Mt. McKinley National the public upon request. Park (Old Park) portion of Denali Na- (iii) The superintendent will re- tional Park and Preserve? A traditional evaluate the access requirements of activity is an activity that generally any business that is sold, ceases to op- and lawfully occurred in the Old Park erate or that significantly changes the contemporaneously with the enact- services currently offered to the public. ment of ANILCA, and that was associ- (4) What is prohibited? (i) No one may ated with the Old Park, or a discrete operate a motor vehicle on the re- portion thereof, involving the con- stricted section of the Park road with- sumptive use of one or more natural re- out a valid permit. sources of the Old Park such as hunt- (ii) No one may use a motor home, ing, trapping, fishing, berry picking or camper or trailer to transport guests similar activities. Recreational use of to a lodge or other business in snowmachines was not a traditional ac- Kantishna. tivity. If a traditional activity gen- (iii) No one may transfer or accept erally occurred only in a particular transfer of a Denali Park road permit area of the Old Park, it would be con- without the superintendent’s approval. sidered a traditional activity only in (e) Fishing limit of catch and in posses- the area where it had previously oc- sion. The limit of catch per person per curred. In addition, a traditional activ- day shall be 10 fish but not to exceed 10 ity must be a legally permissible activ- pounds and one fish, except that the ity in the Old Park. limit of catch of lake trout (mackinaw) (2) May a snowmachine be used in that per person per day shall be two fish in- portion of the park formerly known as Mt. cluding those hooked and released. McKinley National Park (Old Park)? No, Possession of more than one day’s based on the application of the defini- limit of catch by one person at any one tion of traditional activities within the time is prohibited. park to the factual history of the Old
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Park, there are no traditional activi- this chapter, state laws, and § 2.18(d) ties that occurred during periods of and (e) of this chapter, prohibited ac- adequate snow cover within the Old tivities; and 43 CFR 36.11(a)(2) adequate Park; and, thus, Section 1110(a) of snow cover, and 43 CFR 36.11(c) tradi- ANILCA does not authorize tional activities. snowmachine access. Hunting and trap- (6) Who determines when there is ade- ping were not and are not legally per- quate snow cover? The superintendent mitted activities in the Old Park at will determine when snow cover is ade- any time of the year. Sport fishing has quate for snowmachine use. The super- not taken place in the Old Park during intendent will follow the procedures in periods of adequate snow cover due to §§ 1.5 and 1.7 of this chapter to inform weather conditions that are adverse to the public. sport fishing, and the limited fishery (7) Nothing in this section shall limit resources within the Old Park. During the authority of the superintendent to periods of adequate snow cover, berry restrict or limit uses of an area under picking is not feasible, and has not other statutory authority. taken place in the Old Park. Under the definition, recreational use of [46 FR 31854, June 17, 1981, as amended at 45 snowmachines is not a traditional ac- FR 78120, Nov. 25, 1980; 48 FR 30295, June 30, tivity. There are no villages, homesites 1983; 61 FR 6944, Feb. 23, 1996; 65 FR 37878, or other valid occupancies within the June 19, 2000] Old Park. Access by snowmachine through the Old Park in transit to § 13.64 Gates of the Arctic National Park and Preserve. homesites, villages and other valid oc- cupancies was not lawful prior to the (a) Subsistence—(1) Resident Zone. The enactment of ANILCA and is available following communities and areas are through routes outside the Old Park included within the resident zone for that have been historically used for Gates of the Arctic National Park: that purpose. Therefore, the use of Alatna snowmachines is not authorized by sec- Allakaket tion 1110(a) for such travel. Further, Ambler Congress did not authorize subsistence Anaktuvuk Pass activities in the Old Park. In addition, Bettles/Evansville the National Park Service has deter- Hughes mined that the use of even a few Kobuk snowmachines in the Old Park would Nuiqsut be detrimental to the resource values Shungnak of the area. Therefore, because no Wiseman usage is authorized in the Old Park by section 1110(a) the Old Park remains (2) Aircraft Use. In extraordinary closed to all snowmachine use in ac- cases where no reasonable alternative cordance with 36 CFR 2.18. exists, local rural residents who perma- (3) Where can I operate a snowmachine nently reside in the following exempt- in Denali National Park and Preserve? ed community(ies) may use aircraft for You can use a snowmachine outside of access to lands and waters within the the Old Park for traditional activities park for subsistence purposes in ac- or travel to and from villages and cordance with a permit issued by the homesites and other valid occupancies Superintendent: as authorized by 43 CFR 36.11(c), or Anaktuvuk Pass when lawfully engaged in subsistence activities authorized by § 13.46. (3) Customary Trade. In The Gates of (4) What types of snowmachines are al- the Arctic National Preserve unit lowed? The types of snowmachines al- which contains the Kobuk River and lowed are defined in § 13.1(q) under its tributaries, ‘‘customary trade’’ snowmachine or snowmobile. shall include—in addition to the ex- (5) What other regulations apply to change of furs for cash—the selling of snowmachine use? Snowmachine use is handicraft articles made from plant governed by regulations at § 2.18(a) of material taken by local rural residents this chapter, traffic safety, § 2.18(b) of of the park area.
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§ 13.65 Glacier Bay National Park and related to an authorized fishery is pro- Preserve. hibited in Glacier Bay. (a) Commercial fishing: authorizations, (ii) On October 1, 2000, each fishery closures and restrictions—(1) What terms will be limited to fishermen who qual- do I need to know? (i) Commercial fishing ify for a non-transferable commercial means conducting fishing activities fishing lifetime access permit (see under the appropriate commercial fish- paragraph (a)(4) of this section). Com- ing permits and licenses as required mercial fishing without a permit issued and defined by the State of Alaska. by the superintendent, or other than in (ii) Glacier Bay means all marine wa- accordance with the terms and condi- ters within Glacier Bay National Park, tions of the permit, is prohibited. including coves and inlets, north of an (iii) The Superintendent shall include imaginary line drawn from Point Gus- in a permit the terms and conditions tavus to Point Carolus. that the superintendent deems nec- (iii) Outer waters means all of the essary to protect park resources. Vio- non-wilderness marine waters of the lating a term or condition of the per- park located outside of Glacier Bay. mit is prohibited. (2) Is commercial fishing authorized in (4) Who is eligible for a Glacier Bay the marine waters of Glacier Bay National commercial fishing lifetime access permit? Park? Yes—Commercial fishing is au- A Glacier Bay commercial fishing life- thorized within the outer waters of the time access permit will be issued by park and within the non-wilderness wa- the superintendent to fishermen who ters of Glacier Bay, subject to the pro- have submitted documentation to the visions of this chapter. superintendent, on or before October 1, (i) Commercial fishing shall be ad- 2000, which demonstrates to the satis- ministered pursuant to A cooperatively faction of the superintendent that: developed State/federal park fisheries (i) They possess valid State limited management plan, international con- entry commercial fishing permits for servation and management treaties, the district or statistical area encom- and existing federal and Non-con- passing Glacier Bay for each fishery for flicting State law. The management which a lifetime access permit is being plan shall provide for the protection of sought; and, park values and purposes, the prohibi- (ii) They have participated as limited tion on any new or expanded fisheries, entry permit holders for the district or and the opportunity to study marine statistical area encompassing Glacier resources. Bay for each fishery for which a life- (ii) Commercial fishing or conducting time access permit is being sought. an associated buying or processing op- (A) For the Glacier Bay commercial eration in wilderness waters is prohib- halibut fishery, the Applicant must ited. have participated as a permit holder (iii) A new or expanded fishery is pro- for at least two years during the period hibited. The Superintendent shall com- 1992–1998. pile a list of the existing fisheries and (B) For the Glacier Bay salmon or gear types used in the outer waters and Tanner crab commercial fisheries, the follow the procedures in §§ 1.5 and 1.7 of applicant must have participated as a this chapter to inform the public. permit holder for at least three years (iv) Maps and charts showing which during the period 1989–1998. marine areas of Glacier Bay are closed (5) What documentation is required to to commercial fishing are available apply for a commercial fishing lifetime ac- from the Superintendent. cess permit? The required documenta- (3) What types of commercial fishing are tion includes: authorized in Glacier Bay? Three types (i) The applicants full name, date of of commercial fishing are authorized in birth, mailing address and phone num- Glacier Bay non-wilderness waters: ber; longline fishing for halibut; pot and (ii) A notarized affidavit, sworn by ring fishing for Tanner crab; and troll- the applicant, attesting to his or her ing for salmon. history of participation as a limited (i) All other commercial fishing, or a permit holder in Glacier Bay, during buying or a processing operation not the qualifying period, for each fishery
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for which a lifetime access permit is notified in writing of that need and be being sought; given an opportunity to provide it. (iii) A copy of the applicant’s current (8) Is there an appeals process if a com- State of Alaska limited entry permit mercial fishing lifetime access permit ap- and in the case of halibut an Inter- plication is denied? Yes—If an appli- national Pacific Halibut Commission cant’s request for an a commercial quota share, that is valid for the area fishing lifetime access permit is de- that includes Glacier Bay, for each nied, the superintendent will provide fishery for which a lifetime access per- the applicant with the reasons for the mit is sought; denial in writing within 15 days of the (iv) Proof of the applicant’s permit decision. The applicant may appeal to and quota share history for the Glacier the Regional Director, Alaska Region, Bay fishery during the qualifying pe- within 180 days. The appeal must sub- riod; stantiate the basis of the applicant’s (v) Documentation of commercial disagreement with the Superintend- landings for the Glacier Bay fishery ent’s determination. The Regional Di- during the qualifying periods, i.e., rector (or his representative) will meet within the statistical unit or area that with the applicant to discuss the ap- includes Glacier Bay: for halibut, regu- peal within 30 days of receiving the ap- latory sub-area 184; for Tanner crab, peal. Within 15 days of receipt of writ- ten materials and the meeting, if re- statistical areas 114–70 through 114–77. quested, the Regional Director will af- For salmon, the superintendent will firm, reverse, or modify the Super- consider landing reports from District intendent’s determination and explain 114; however, the superintendent may the reasons for the decision in writing. require additional documentation that A copy of the decision will be for- supports the applicant’s declaration of warded promptly to the applicant and Glacier Bay salmon landings. For hal- will be the final agency action. ibut and Tanner crab, the super- (9) How often will commercial fishing intendent may consider documented lifetime access permit be renewed? The su- commercial landings from the unit or perintendent will renew lifetime access area immediately adjacent to Glacier permit at 5-year intervals for the life- Bay (in Icy Strait) if additional docu- time of a permittee who continues to mentation supports the applicant’s hold a valid State limited entry com- declaration that landings occurred in mercial fishing permit, and for halibut Glacier Bay. an International Pacific Halibut Com- (vi) Any additional corroborating mission quota share, and is otherwise documentation that might assist the eligible to participate in the fishery superintendent in a timely determina- under federal and State law. tion of eligibility for the access per- (10) What other closures and restrictions mits. apply to commercial fishermen and com- (6) Where should the documentation for mercial fishing vessels?—The following a lifetime access permit be sent? Before are prohibited: October 1, 2000, all required informa- (i) Commercial fishing in the waters tion (as listed in paragraph (a)(5) of of Geikie, Tarr, Johns Hopkins and this section) should be sent to: Super- Reid Inlets. intendent, Attn: Access Permit Pro- (ii) Commercial fishing in the waters gram, Glacier Bay National Park and of the west arm of Glacier Bay north of Preserve, P.O. Box 140, Gustavus, Alas- 58°50′N latitude, except commercial ka 99826. fishermen who have been authorized by (7) Who determines eligibility? The su- the superintendent to troll for salmon perintendent will make a written de- may troll for king salmon during the termination of an applicant’s eligi- period October 1 through April 30, in bility for the lifetime access permit compliance with state commercial fish- based on information provided. A copy ing regulations. of the determination will be mailed to (iii) Commercial fishing in the east the applicant. If additional informa- arm of Glacier Bay, north of an imagi- tion is required to make an eligibility nary line running from Point Caroline determination, the applicant will be through the southern point of Garforth
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Island and extending to the east side of chinery is the principal source of Muir Inlet, except commercial fisher- power, except a skiff or tender under men who have been authorized by the tow or carried on board another vessel. superintendent to troll for salmon may Operate or Operating includes the ac- troll for king salmon south of 58°50′N tual or constructive possession of a latitude during the period October 1 vessel or motor vessel. through April 30, in compliance with Private vessel means any motor vessel state commercial fishing regulations. used for recreation that is not engaged (b) Resource protection and vessel man- in commercial transport of passengers, agement—(1) Definitions. As used in commercial fishing or official govern- this section: ment business. Charter vessel means any motor vessel Pursue means to alter the course or under 100 tons gross (U.S. System) or speed of a vessel or a seaplane in a 2,000 tons gross (International Conven- manner that results in retaining a ves- tion System) that is rated to carry up sel, or a seaplane operating on the to 49 passengers, and is available for water, at a distance less than one-half hire on an unscheduled basis; except a nautical mile from a whale. charter vessel used to provide a sched- Speed through the water means the uled camper or kayak drop off service. speed that a vessel moves through the Commercial fishing vessel means any water (which itself may be moving); as motor vessel conducting fishing activi- distinguished from ‘‘speed over the ties under the appropriate commercial ground.’’ fishing licenses as required and defined Tour vessel means any motor vessel by the State of Alaska. under 100 tons gross (U.S. System) or Cruise ship means any motor vessel at 2,000 tons gross (International Conven- or over 100 tons gross (U.S. System) or tion System) that is rated to carry 2,000 tons gross (International Conven- more than 49 passengers, or any small- tion System) carrying passengers for er vessel that conducts tours or pro- hire. vides transportation at regularly Entry means each time a motor ves- scheduled times along a regularly sel passes the mouth of Glacier Bay scheduled route. into the bay; each time a private vessel Transit means to operate a motor ves- activates or extends a permit; each sel under power and continuously so as time a motor vessel based at or to accomplish one-half nautical mile of launched from Bartlett Cove leaves the littoral (i.e., along the shore) travel. dock area on the way into Glacier Bay, Vessel includes every type or descrip- except a private vessel based at Bart- tion of craft used as a means of trans- lett Cove that is gaining access or portation on the water, including a egress to or from outside Glacier Bay; buoyant device permitting or capable the first time a local private vessel of free flotation and a seaplane while uses a day of the seven use-day permit; operating on the water. or each time a motor vessel is launched Vessel use-day means any continuous from another vessel within Glacier period of time that a motor vessel is in Bay, except a motor vessel singularly Glacier Bay between the hours of 12 launched from a permitted motor ves- midnight on one day to 12 midnight the sel and operated only while the per- next day. mitted vessel remains at anchor, or a Whale means any humpback whale motor vessel launched and operated (Megaptera novaeangliae). from a permitted motor vessel while Whale waters means any portion of that vessel is not under way and in ac- Glacier Bay, designated by the super- cordance with a concession agreement. intendent, having a high probability of Glacier Bay means all marine waters whale occupancy, based upon recent contiguous with Glacier Bay, lying sighting and/or past patterns of occur- north of an imaginary line between rence. Point Gustavus and Point Carolus. (2) Permits. The superintendent will Motor vessel means any vessel, other issue permits for private motor vessels than a seaplane, propelled or capable of in accordance with this part and for being propelled by machinery (includ- cruise ships, tour vessels, and charter ing steam), whether or not such ma- vessels in accordance with National
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Park Service concession authorizations implement or comply with a pollution and this part. minimization plan or additional oper- (i) Private vessel permits and condi- ating condition. tions. Each private motor vessel must (E) A commercial vessel, except a have a permit to enter Glacier Bay commercial fishing vessel, is prohib- June 1 through August 31. ited from entering Glacier Bay unless (A) The superintendent may establish the operator notifies the Bartlett Cove conditions regulating how permits can Ranger Station of the vessel’s entry be obtained, whom a vessel operator immediately upon entry or within the must contact when entering or leaving 48 hours before entry. Glacier Bay, designated anchorages, (F) Off-boat activity from a commer- the maximum length of stay in Glacier cial vessel is prohibited, unless the su- Bay, and other appropriate conditions. perintendent allows it under conditions (B) June 1 through August 31, upon that the superintendent establishes. entering Glacier Bay through the (iii) Exceptions from entry permit re- mouth, the operator of a private motor quirement. A permit is not required to vessel must report directly to the Bart- enter Glacier Bay when: lett Cove Ranger Station for orienta- (A) A motor vessel is engaged in offi- tion. cial business of the state or federal (1) Failing to report as required is government. prohibited. (B) A private motor vessel based at (2) The superintendent may waive Bartlett Cove is transiting between this requirement before or upon entry. Bartlett Cove and waters outside Gla- (ii) Commercial vessel permits and con- cier Bay, or is operated in Bartlett ditions. Each commercially operated motor vessel must have the required Cove in waters bounded by the public permit(s) to enter Glacier Bay. and administrative docks. (A) To obtain or renew an entry per- (C) A motor vessel is singularly mit, a cruise ship company must sub- launched from a permitted motor ves- mit and, after approval, implement a sel and operated only while the per- pollution minimization plan. The plan mitted motor vessel remains at anchor, must ensure, to the fullest extent pos- or a motor vessel is launched and oper- sible, that any ship permitted to travel ated in accordance with a concession within Glacier Bay will apply the in- agreement from a permitted motor ves- dustry’s best approaches toward vessel sel while that vessel is not underway. oil-spill response planning and preven- (D) A commercial fishing vessel oth- tion and minimization of air and un- erwise permitted under all applicable derwater noise pollution while oper- authorities is actually engaged in com- ating in Glacier Bay. The super- mercial fishing within Glacier Bay. intendent will approve or disapprove (E) The superintendent grants a ves- the plan. sel safe harbor at Bartlett Cove. (B) Each cruise ship company must (iv) Prohibitions. (A) Operating a assess the impacts of its activities on motor vessel in Glacier Bay without a Glacier Bay resources pursuant to the required permit is prohibited. NPS research, inventory and moni- (B) Violating a term or condition of a toring plan as specified in the applica- permit or an operating condition or re- ble concession permit. striction issued or imposed pursuant to (C) The superintendent at any time this chapter is prohibited. may impose operating conditions to (C) The superintendent may imme- prevent or mitigate air pollution, diately suspend or revoke a permit or water pollution, underwater noise pol- deny a future permit request as a re- lution or other effects of cruise ship op- sult of a violation of a provision of this eration. chapter. (D) The superintendent will imme- (v) Restrictions on vessel entry. The su- diately suspend the entry permit(s) of perintendent will allow vessel entry in any cruise ship that fails to submit, accordance with the following table:
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Allowable Total ves- vessel Total sel use Period covered Type of vessel use days entries days by per day allowed allowed limitation
Cruise ship ...... 2 (1)(1) Year round. Tour vessel ...... 3 ...... Year round. Charter vessel ...... 6 312 552 June 1–Aug. 31. Private vessel ...... 25 468 1,971 June 1–Aug. 31. 1 See paragraphs (b)(2)(v) (A) through (C) of this section.
(A) By October 1, 1996, the super- proval, the number of cruise ship en- intendent will reinitiate consultation tries for the following summer season with the National Marine Fisheries (June 1 through August 31). This deter- Service (NMFS) and request a biologi- mination will be based upon available cal opinion under section 7 of the En- scientific and other information and dangered Species Act. The super- applicable authorities. The number intendent will request that NMFS as- will be subject to the maximum daily sess and analyze any effects of vessel limit of two vessel use-days. The super- traffic authorized by this section, on intendent will publish a document of the endangered and threatened species any revision in seasonal entries in the that occur in or use Glacier Bay Na- FEDERAL REGISTER with an opportunity tional Park and Preserve. for public comment. (1) Based on this biological opinion, (D) Nothing in this paragraph will be applicable authority, and any other construed to prevent the super- relevant information, the director shall intendent from taking any action at reduce the vessel entry and use levels any time to assure protection of the for any or all categories of vessels in values and purposes of Glacier Bay Na- this section effective for the 1998 sea- tional Park and Preserve. son or any year thereafter, if required (3) Operating restrictions. (i) Operating to assure protection of the values and a vessel within one-quarter nautical purposes of Glacier Bay National Park mile of a whale is prohibited, except and Preserve. for a commercial fishing vessel actu- (2) The director will publish a docu- ally trolling or setting or pulling long ment in the FEDERAL REGISTER on any lines or crab pots as otherwise author- revision in the number of seasonal en- ized by the superintendent. tries and use days under this paragraph (ii) The operator of a vessel acciden- (b)(2)(v), with an opportunity for public tally positioned within one-quarter comment. nautical mile of a whale shall imme- (B) By October 1, 1997, the super- diately slow the vessel to ten knots or intendent will determine, with the di- less, without shifting into reverse un- rector’s approval, whether studies have less impact is likely. The operator been completed and sufficient sci- shall then direct or maintain the vessel entific and other information has been on as steady a course as possible away developed to support an increase in from the whale until at least one-quar- cruise ship entries for the 1998 summer ter nautical mile of separation is es- season (June 1 through August 31) tablished. Failure to take such action while assuring protection of the values is prohibited. and purposes of Glacier Bay National (iii) Pursuing or attempting to pur- Park and Preserve. Any increase will sue a whale is prohibited. be subject to the maximum daily limit (iv) Whale water restrictions. (A) May of two vessel use-days. If the super- 15 through August 31, the following intendent recommends an increase, the Glacier Bay waters are designated as superintendent will publish a document whale waters. of the increase in the FEDERAL REG- (1) Lower bay waters, defined as wa- ISTER with an opportunity for public ters north of an imaginary line drawn comments. from Point Carolus to Point Gustavus; (C) By October 1 of each year (begin- and south of an imaginary line drawn ning in 1998), the superintendent will from the northernmost point of Lars determine, with the director’s ap- Island across the northernmost point
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of Strawberry Island to the point (D) Violation of a whale water re- where it intersects the line that defines striction is prohibited. The following the Beardslee Island group, as de- restrictions apply in designated whale scribed in paragraph (b)(3)(vii)(A)(4) of waters: this section, and following that line (1) Except on vessels actually fishing south and west to the Bartlett Cove as otherwise authorized the super- shore. intendent or vessels operating solely (2) [Reserved] under sail, while in transit, operators (B) June 1 through August 31, the fol- of motor vessels over 18 feet in length lowing Glacier Bay waters are des- will in all cases where the width of the ignated as whale waters. water permits, maintain a distance of (1) Whidbey Passage waters, defined at least one nautical mile from shore, as waters north of an imaginary line and, in narrower areas will navigate in drawn from the northernmost point of mid-channel: Provided, however, that Lars Island to the northernmost point unless other restrictions apply, opera- of Strawberry Island; west of imagi- tors may perpendicularly approach or nary lines drawn from the northern- land on shore (i.e., by the most direct most point of Strawberry Island to the line to shore) through designated whale southernmost point of Willoughby Is- waters. land, the northernmost point of (2) Motor vessel speed limits estab- lished by the superintendent pursuant Willoughby Island (proper) to the to paragraph (b)(3)(iv)(C) of this sec- southernmost point of Francis Island, tion. the northernmost point of Francis Is- (v) Speed restrictions. (A) May 15 land to the southernmost point of through August 31, in the waters of the Drake Island; and south of the north- lower bay as defined in paragraph ernmost point of Drake Island to the (b)(3)(iv)(A)(1) of this section, the fol- northernmost point of the Marble lowing are prohibited: Mountain peninsula. (1) Operating a motor vessel at more (2) East Arm Entrance waters, de- than 20 knots speed through the water; fined as waters north of an imaginary or line drawn from the southernmost (2) Operating a motor vessel at more point of Sebree Island to the northern- than 10 knots speed through the water, most point of Sturgess Island, and from when the superintendent has des- there to the westernmost point of the ignated a maximum speed of 10 knots unnamed island south of Puffin Island (due to the presence of whales). (that comprises the south shore of (B) July 1 through August 31, oper- North Sandy Cove); and south of an ating a motor vessel on Johns Hopkins imaginary line drawn from Caroline Inlet south of 58°54.2′N. latitude (an Point across the northernmost point of imaginary line running approximately Garforth Island to shore. due west from Jaw Point) at more than (3) Russell Island Passage waters, de- 10 knots speed through the water is fined as waters enclosed by imaginary prohibited. lines drawn from: the easternmost (vi) Closed waters, islands and other point of Russell Island due east to areas. The following are prohibited: shore, and from the westernmost point (A) Operating a vessel or otherwise of Russell Island due north to shore. approaching within 100 yards of South (C) The superintendent may des- Marble Island; or Flapjack Island; or ignate temporary whale waters and im- any of the three small unnamed islets pose motor vessel speed restrictions in approximately one nautical mile whale waters. Maps of temporary whale southeast of Flapjack Island; or Eider waters and notice of vessel speed re- Island; or Boulder Island; or Geikie strictions imposed pursuant to this Rock; or Lone Island; or the northern paragraph (b)(3)(iv)(C) shall be made three-fourths of Leland Island (north of available to the public at park offices 58°39.1′N. latitude; or any of the four at Bartlett Cove and Juneau, Alaska, small unnamed islands located approxi- and shall be submitted to the U.S. mately one nautical mile north (one is- Coast Guard for publication as a ‘‘No- land), and 1.5 nautical miles east (three tice to Mariners.’’ islands) of the easternmost point of
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Russell Island; or Graves Rocks (on the a seaplane on the following water is outer coast); or Cormorant Rock, or 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 land. an imaginary point located one nau- (D) May 1 through August 31, oper- tical mile due east of the easternmost ating a cruise ship on Johns Hopkins point of Strawberry Island, then at a Inlet waters south of 58°54.2′N. latitude bearing of 345° true to the northern- (an imaginary line running approxi- most point of Flapjack Island, then at mately due west from Jaw Point). a bearing of 81° true to the northern- (E) May 1 through June 30, operating most point of the unnamed island im- a vessel or a seaplane on Johns Hop- mediately to the east of Flapjack Is- kins Inlet waters south of 58°54.2′N. land, then southeasterly to the north- latitude (an imaginary line running ap- ernmost point of the next unnamed is- proximately due west from Jaw Point). land, then southeasterly along the (F) July 1 through August 31, oper- (Beartrack Cove) shore of that island ating a vessel or a seaplane on Johns to its easternmost point, then due east Hopkins Inlet waters south of 58°54.2′N. to shore. latitude (an imaginary line running ap- (B) June 1 through July 15, operating proximately due west from Jaw Point), a motor vessel or a seaplane on the wa- within 1⁄4 nautical mile of a seal hauled ters of Muir Inlet north of 59°02.7′N. out on ice; except when safe navigation latitude (an imaginary line running ap- requires, and then with due care to proximately due west from the point of maintain the 1⁄4 nautical mile distance land on the east shore approximately 1 from concentrations of seals. nautical mile north of the McBride (G) Restrictions imposed in this para- Glacier) is prohibited. graph (b)(3)(vi) are minimum distances. (C) July 16 through August 31, oper- Park visitors are advised that protec- ating a motor vessel or a seaplane on tion of park wildlife may require that the waters of Wachusett Inlet west of visitors maintain greater distances 136°12.0′W longitude (an imaginary line from wildlife. See, 36 CFR 2.2 (Wildlife running approximately due north from protection). the point of land on the south shore of (vii) Closed waters, motor vessels and Wachusett Inlet approximately 21⁄4 nau- seaplanes. (A) May 1 through Sep- tical miles west of Rowlee Point) is tember 15, operating a motor vessel or prohibited.
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(viii) Noise restrictions. June 1 through vessel, excluding condensed water August 31, except on vessels in transit vapor, may not result in a reduction of or as otherwise permitted by the super- visibility through the exhaust effluent intendent, the use of generators or of greater than 20 percent for a period other non-propulsive motors (except a or periods aggregating more than: windless) is prohibited from 10:00 p.m. (i) Three minutes in any one hour until 6:00 a.m. in Reid Inlet, Blue while underway, at berth, or at anchor; Mouse Cove and North Sandy Cove. or (ix) Other restrictions. Notwithstand- (ii) Six minutes in any one hour dur- ing any other provision of this part, ing initial startup of diesel-driven ves- due to the rapidly emerging and chang- sels; or ing ecosystems of, and for the protec- (iii) 12 minutes in one hour while an- tion of wildlife in Glacier Bay National choring, berthing, getting underway or Park and Preserve, including but not maneuvering in Bartlett Cove. limited to whales, seals, sea lions, nest- (5)–(6) [Reserved] ing birds and molting waterfowl: (A) Pursuant to §§ 1.5 and 1.6 of this (7) The information collection re- chapter, the superintendent may estab- quirements contained in paragraph lish, designate, implement and enforce (b)(3) of this section have been ap- restrictions and public use limits and proved by the Office of Management terminate such restrictions and public and Budget under 44 U.S.C. 3507 and as- use limits. signed Clearance Number 1024–0016. The (B) The public shall be notified of re- information is being collected to allow strictions or public use limits imposed the superintendent to issue permits to under this paragraph (b)(3)(ix) and the allow vessels into Glacier Bay during termination or relaxation of such, in the whale season. This information will accordance with § 1.7 of this chapter, be used to grant administrative bene- and by submission to the U.S. Coast fits. Guard for publication as a ‘‘Notice to [50 FR 19886, May 10, 1985, as amended at 61 Mariners,’’ where appropriate. FR 27016, May 30, 1996; 64 FR 56463, Oct. 20, (C) The superintendent shall make 1999] rules for the safe and equitable use of Bartlett Cove waters and for park § 13.66 Katmai National Park and Pre- docks. The public shall be notified of serve. these rules by the posting of a sign or (a) [Reserved] a copy of the rules at the dock. Failure (b) Fishing. Fishing is allowed in ac- to obey a sign or posted rule is prohib- cordance with § 13.21 of this chapter, ited. but only with artificial lures and with (x) Closed waters and islands within the following additional exceptions: Glacier Bay as described in paragraphs (1) Bait, as defined by State law, may (b)(3) (iv) through (vii) of this section be used only on the Naknek River dur- are described as depicted on NOAA ing times and dates established by the Chart #17318 GLACIER BAY (4th Ed., Alaska Department of Fish and Game, Mar. 6/93) available to the public at and only from markers located just park offices at Bartlett Cove and Ju- above Trefon’s cabin downstream to neau, Alaska. the park boundary. (xi) Paragraphs (b)(3) (i) through (iii) (2) Flyfishing only is allowed on the of this section do not apply to a vessel Brooks River between Brooks Lake and being used in connection with federally the posted signs near Brooks Camp. permitted whale research or moni- (3) No person may retain more than toring; other closures and restrictions one fish per day caught on Brooks in this paragraph (b)(3) do not apply to River, on the waters between the post- authorized persons conducting emer- ed signs 200 yards from the outlet of gency or law enforcement operations, Brooks lake, or on the water between research or resource management, park the posted signs 200 yards from the administration/supply, or other nec- mouth of the Brooks River on Naknek essary patrols. Lake. (4) Marine vessel visible emission stand- ards. Visible emissions from a marine [54 FR 18493, May 1, 1989]
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§ 13.67 Kenai Fjords National Park. Chitina Copper Center (a) Subsistence. Subsistence uses are Gakona prohibited in, and the provisions of Gakona Junction Subpart B of this part shall not apply Glennallen to, Kenai Fjords National Park. Gulkana Kenny Lake § 13.68 Klondike Gold Rush National Historical Park. Lower Tonsina McCarthy (a) Camping. Camping is permitted Mentasta Lake only in designated areas. Nabesna Slana § 13.69 Kobuk Valley National Park. Tazlina (a) Subsistence—(1) Resident Zone. The Tok following communities and areas are Tonsina included within the resident zone for Yakutat Kobuk Valley National Park: (2) Aircraft Use. In extraordinary Ambler cases where no reasonable alternative Kiana exists local rural residents who perma- Kobuk nently reside in the following exempt- Kotzebue Noorvik ed community(ies) may use aircraft for Selawik access to lands and waters within the Shungnak park for subsistence purposes in ac- cordance with a permit issued by the (2) Customary Trade. In addition to Superintendent: the exchange of furs for cash, ‘‘cus- tomary trade’’ in Kobuk Valley Na- Yakutat (for access to the Malaspina tional Park shall include the selling of Forelands Area only) handicraft articles made from plant material taken by local rural residents § 13.74 Yukon Charley Rivers National of the park area. Preserve. [Reserved] § 13.70 Lake Clark National Park and Subpart D—Special Visitor Preserve. Services Regulations (a) Subsistence—(1) Resident Zone. The following communities and areas are SOURCE: 61 FR 54339, Oct. 18, 1996, unless included within the resident zone for otherwise noted. Lake Clark National Park: Iliamna § 13.80 Applicability and scope. Lime Village (a) Except as otherwise provided for Newhalen Nondalton in this section, the regulations con- Pedro Bay tained in this part apply to visitor Port Alsworth services provided within all national park areas in Alaska. § 13.71 Noatak National Preserve. [Re- (b) The rights granted by this subpart served] to historical operators, preferred oper- ators, and Cook Inlet Region, Incor- § 13.72 Sitka National Historical Park. porated are not exclusive. The Director (a) Camping. Overnight camping is may authorize other persons to provide prohibited. visitor services on park lands. Nothing in this subpart shall require the Direc- § 13.73 Wrangell-St. Elias National tor to issue a visitor services author- Park and Preserve. ization if not otherwise mandated by (a) Subsistence—(1) Resident Zone. The statute to do so. Nothing in this sub- following communities and areas are part shall authorize the Director to included within the resident zone for issue a visitor services authorization to Wrangell-St. Elias National Park: a person who is not capable of carrying Chisana out its terms and conditions in a satis- Chistochina factory manner.
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(c) This subpart does not apply to the applicable visitor services is authorized guiding of sport hunting or sport fish- to be provided. ing. (f) Local resident means: (1) For individuals. Those individuals § 13.81 Definitions. who have lived within the local area The following definitions apply to for 12 consecutive months before this subpart: issuance of a solicitation of offers for a (a) Best offer means a responsive offer visitor services authorization for a that best meets, as determined by the park area and who maintain their pri- Director, the selection criteria con- mary, permanent residence and busi- tained in a competitive solicitation for ness within the local area and when- a visitor services authorization. ever absent from this primary, perma- (b) Controlling interest means, in the nent residence, have the intention of case of a corporation, an interest, bene- returning to it. Factors demonstrating ficial or otherwise, of sufficient out- the location of an individual’s primary, standing voting securities or capital of permanent residence and business may the business so as to permit the exer- include, but are not limited to, the per- cise of managerial authority over the manent address indicated on licenses actions and operations of the corpora- issued by the State of Alaska, tax re- tion or election of a majority of the turns and voter registration. board of directors of the corporation. (2) For corporations. A corporation in Controlling interest in the case of a part- which the controlling interest is held nership, limited partnership, joint ven- by an individual or individuals who ture, or individual entrepreneurship, qualify as local resident(s) within the means a beneficial ownership of or in- meaning of this subpart. For non-profit terest in the entity or its capital so as corporations a majority of the board to permit the exercise of managerial members and a majority of the officers authority over the actions and oper- must qualify individually as local resi- ations of the entity. In other cir- dents. cumstances, controlling interest means (g) Native Corporation means the same any arrangement under which a third as defined in section 102(6) of ANILCA. party has the ability to exercise man- (h) Preferred operator means a Native agement authority over the actions or Corporation that is determined under operations of the business. § 13.85 to be ‘‘most directly affected’’ by (c) Director means the Director of the the establishment or expansion of a National Park Service or an authorized park area by ANILCA, or a local resi- representative. dent as defined in this subpart. (d) Historical operator, except as oth- (i) Responsive offer is one that is time- erwise may be specified by a statute ly received and meets the terms and other than ANILCA, means the holder conditions of a solicitation for a visitor of a valid written authorization from services authorization. the Director to provide visitor services (j) Visitor services authorization is a within a park area that: written authorization from the Direc- (1) On or before January 1, 1979, was tor to provide visitor services in a park lawfully engaged in adequately pro- area. Such authorization may be in the viding such visitor services in the ap- form of a concession permit, conces- plicable park area; sion contract, or other document (2) Has continued, as further defined issued by the Director under National in § 13.82, to lawfully provide that vis- Park Service policies and procedures. itor service since January 1, 1979, with- out a change in controlling interest; § 13.82 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 § 13.82. in a visitor services authorization (e) Local area means an area in Alas- issued by the Director as long as such ka within 100 miles of the location services are determined by the Director within the park area where any of the to be consistent with the purposes for
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which the park area was established. A such new terms and conditions as the historical operator may not operate Director determines are in the public without such an authorization. The au- interest. thorization will be for a fixed term. (f) If the Director determines that Failure to comply with the terms and authorized visitor services must be cur- conditions of the authorization will re- tailed or reduced in scope, level, or sea- sult in cancellation of the authoriza- son to protect park resources, or for tion and consequent loss of historical other purposes, the Director will re- operator rights under this subpart. quire the historical operator to make (b) Nothing in this subpart will pro- such changes in visitor services. If hibit the Director from permitting per- more than one historical operator pro- sons in addition to historical operators viding the same type of visitor services to provide visitor services in park is required to have those services cur- areas at the Director’s discretion as tailed, the Director will establish a long as historical operators are per- proportionate reduction of visitor serv- mitted to conduct a scope and level of ices among all such historical opera- visitor services equal to those provided tors, taking into account historical op- before January 1, 1979, under terms and erating levels and other appropriate conditions consistent with this sub- factors 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- onstrates, to the satisfaction of the Di- (1) Revocation of an authorization for rector, that it has the controlling in- historic types and levels of visitor serv- terest in the joint venture. ices for failure to comply with the (d) A historical operator may apply terms and conditions of the authoriza- to the Director for an authorization or tion. amended authorization to provide vis- (2) A historical operator’s declination itor services similar to those it pro- of a renewal of the authorization made vided before January 1, 1979. The Direc- pursuant to paragraph (d) of this sec- tor will grant the request if such vis- tion. itor services are determined by the Di- (3) A change in the controlling inter- rector to be: est of the historical operator through (1) Consistent with the protection of sale, assignment, devise, transfer, or by park resources and the purposes for any other means, direct or indirect. A which the park area was established; change in the controlling interest of a (2) Similar in kind and scope to the historical operator that results only in visitor services provided by the histor- the acquisition of the controlling inter- ical operator before January 1, 1979; est by an individual or individuals who and were personally engaged in the visitor (3) Consistent with the legal rights of services activities of the historical op- any other person. erator before January 1, 1979, will not (e) When a historical operator’s vis- be deemed a change in the historical itor services authorization expires, and operator’s controlling interest for the if the applicable visitor services con- purposes of this subpart. tinue to be consistent with the pur- (4) A historical operator’s failure to poses for which the park area was es- provide the authorized services for tablished as determined by the Direc- more than 24 consecutive months. tor, the Director will offer to renew the (h) The Director may authorize other authorization for a fixed term under persons to provide visitor services in a
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park area in addition to historical op- under this subpart and local residents erators. have equal preference. The rights of preferred operators under this section EFFECTIVE DATE NOTE: At 61 FR 54340, Oct. 18, 1996, § 13.82 was added. This section con- take precedence over the right of pref- tains information collection and record- erence that may be granted to existing keeping requirements and will not become satisfactory National Park Service effective until approval has been given by concessioners pursuant to the Conces- the Office of Management and Budget. sions Policy Act (16 U.S.C. 20) and its implementing regulations and proce- § 13.83 Preferred operators. dures, but do not take precedence over (a) In selecting persons to provide the rights of historical operators or visitor services for a park area, the Di- CIRI as described in this subpart. rector will, if the number of visitor (d) An offer from a preferred operator services authorizations is to be limited, under this subpart, if the offer is in the give a preference (subject to any rights form of a joint venture, will not be con- of historical operators or CIRI under sidered valid unless it documents to this subpart) to preferred operators de- the satisfaction of the Director that termined qualified to provide such vis- the preferred operator holds the con- itor services. trolling interest in the joint venture. (b) In such circumstances, the Direc- (e) Nothing in this subpart will pro- tor will publicly solicit competitive of- hibit the Director from authorizing fers for persons to apply for a visitor persons besides preferred operators to services authorization, or the renewal provide visitor services in park areas of such an authorization, to provide as long as the procedures described in such visitor services pursuant to 36 this section have been followed. Pre- 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 EFFECTIVE DATE NOTE: At 61 FR 54340, Oct. 18, 1996, § 13.83 was added. This section con- operator will receive authorization. If tains information collection and record- an offer from a person besides a pre- keeping requirements and will not become ferred operator is determined to be the effective until approval has been given by best offer (and no preferred operator the Office of Management and Budget. submits a responsive offer that is sub- stantially equal to it), the preferred op- § 13.84 Preference to Cook Inlet Re- erator who submitted the best offer gion, Incorporated. from among the offers submitted by (a) The Cook Inlet Region, Incor- preferred operators will be given the porated (CIRI), in cooperation with vil- opportunity, by amending its offer, to lage corporations within the Cook Inlet meet the terms and conditions of the region when appropriate, will have a best offer received. If the amended right of first refusal to provide new vis- offer of such a preferred operator is itor services within that portion of considered by the Director as at least Lake Clark National Park and Pre- substantially equal to the best offer, serve that is within the boundaries of the preferred operator will receive the the Cook Inlet region. In order to exer- visitor service authorization. If a pre- cise this right of first refusal, the Na- ferred operator does not amend its tional Park Service will publicly so- offer to meet the terms and conditions licit competitive offers for the visitor of the best offer, the Director will issue services authorization pursuant to 36 the authorization to the person who CFR part 51 or other applicable Na- submitted the best offer in response to tional Park Service procedures. CIRI the solicitation. must submit a responsive offer within (c) The Native Corporation(s) deter- 90 days of such solicitation. If CIRI mined to be ‘‘most directly affected’’ makes such an offer and is determined
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by the Director to be capable of car- (4) Any additional information the rying out the terms and conditions of Native Corporation considers relevant the visitor services authorization, it or the Director may reasonably re- will receive the authorization. If it quire. does not, the authorization may be (b) Upon receipt of all applications awarded to another person pursuant to from interested Native Corporations, usual National Park Service policies the Director will determine the ‘‘most and procedures if otherwise appro- directly affected’’ Native Corporation priate. considering the following factors: (b) The CIRI right of first refusal will (1) Distance and accessibility from have precedence over the rights of pre- the corporation’s population center ferred operators. An offer from CIRI and/or business address to the applica- under this section, if the offer is in the ble park area; and form of a joint venture, will not be con- (2) Socioeconomic impacts, including sidered valid unless it demonstrates to historical and traditional use and land- the satisfaction of the Director that ownership patterns, on Native Corpora- CIRI has a controlling interest in the tions and their effects as a result of the joint venture. expansion or establishment of the ap- (c) The CIRI right of first refusal plicable park area; and may not be sold, transferred, devised or (3) Information provided by Native assigned, directly or indirectly. Corporations and other information considered relevant by the Director to EFFECTIVE DATE NOTE: At 61 FR 54341, Oct. 18, 1996, § 13.84 was added. This section con- the particular facts and circumstances tains information collection and record- of the effects of the establishment or keeping requirements and will not become expansion of the applicable park area. effective until approval has been given by (c) In the event that more than one the Office of Management and Budget. Native Corporation is determined to be equally affected within the meaning of § 13.85 Most directly affected Native this section, each such Native Corpora- Corporation. tion will be considered as a preferred (a) Before the award of the first vis- operator under this subpart. itor service authorization in a park (d) The Director’s most directly af- area to be made after the effective date fected Native Corporation determina- of this subpart, the Director will pro- tion applies to the award of all future vide an opportunity for any Native visitor service authorizations for the Corporation interested in providing applicable park area. However, a Na- visitor services within the applicable tive Corporation that did not apply for park area to submit an application to this determination in connection with the superintendent to be determined an earlier visitor services authoriza- the Native Corporation most directly tion may apply for a determination affected by the establishment or expan- that it is an equally affected Native sion of the park area by or under the Corporation for the applicable park provisions of ANILCA. An application area in connection with a later visitor from an interested Native Corporation services authorization. Such subse- will include the following information: quent applications must contain the (1) Name, address, and phone number information required by paragraph (a) of the Native Corporation; date of in- of this section, and must be made in a corporation; its articles of incorpora- timely manner as described by the Di- tion and structure; rector in the applicable solicitation (2) Location of the corporation’s pop- document so as not to delay the consid- ulation center or centers; and eration of offers for the visitor services (3) An assessment of the socio- authorization. economic impacts, including historical and traditional use and land-ownership EFFECTIVE DATE NOTE: At 61 FR 54341, Oct. 18, 1996, § 13.85 was added. This section con- patterns and their effects on the Native tains information collection and record- Corporation as a result of the expan- keeping requirements and will not become sion or establishment of the applicable effective until approval has been given by park area by ANILCA. the Office of Management and Budget.
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§ 13.86 Appeal procedures. lection Officer, National Park Service, An appeal of the denial of rights with 800 North Capitol Street, Washington, respect to providing visitor services D.C. 20013; and the Office of Manage- under this subpart may be made to the ment and Budget, Office of Information next higher level of authority. Such an and Regulatory Affairs, Attention: appeal must be submitted in writing Desk Officer for the Department of the within 30 days of receipt of the denial. Interior (1024–0125), Washington, D.C. Appeals must set forth the facts and 20503. circumstances that the appellant be- lieves support the appeal. The appel- PART 14—RIGHTS-OF-WAY lant may request an informal meeting to discuss the appeal with the National Subpart A—Rights-of-Way: General Park Service. After consideration of the materials submitted by the appel- Sec. 14.1 Applicability. lant and the National Park Service 14.2 Definitions. record of the matter, and meeting with the appellant if so requested, the Direc- Subpart B—Nature of Interest tor will affirm, reverse, or modify the denial appealed and will set forth in 14.5 Nature of interest granted; settlement writing the basis of the decision. A on right-of-way; rights of ingress and copy of the decision will be forwarded egress. 14.6 In form of easement, license, or permit. to the appellant and will constitute the 14.7 Right of ingress and egress to a pri- final administrative decision in the mary right-of-way. matter. No person will be considered to 14.8 Unauthorized occupancy. have exhausted administrative rem- 14.9 Terms and conditions. edies with respect to a denial of rights 14.10 Areas of National Park System. to provide visitor services under this subpart until a final administrative de- Subpart C—Procedures cision has been made pursuant to this 14.20 Application. section. 14.21 Form. 14.22 Reimbursement of costs. § 13.87 Information collection. 14.23 Showing as to organizations required (a) The information collection re- of corporations. quirements contained in this part have 14.24 Showing as to citizenship required. received emergency approval from the 14.25 Documents which must accompany ap- Office of Management and Budget plication. under 44 U.S.C. 3507, et seq., for the 14.26 Payment required; exceptions; default; revision of charges. basic contracting program under OMB 14.27 Application and use procedure. clearance number 1024–0125. The infor- 14.28 Incomplete application and reports. mation is being collected as part of the 14.29 Timely construction. process of reviewing the procedures and 14.30 Nonconstruction, abandonment or programs of State and local govern- nonuse. ments participating in the national 14.31 Deviation from approved right-of-way. historic preservation program. The in- 14.32 Revocation or cancellation. formation will be used to evaluate 14.33 Order of cancellation. those procedures and programs. The 14.34 Change in jurisdiction over lands. obligation to respond is required to ob- 14.35 Transfer of right-of-way. 14.36 Method of filing. tain a benefit. 14.37 Reimbursement of costs. (b) The public reporting burden for 14.38 Disposal of property on termination of the collection of information is esti- right-of-way. mated to be 480 hours for large oper- ations and 240 hours for small oper- Subpart D—Under Title 23, U.S.C. (Interstate ations, including the time for review- and Defense Highway System) ing instructions, searching existing 14.50 Authority. data sources, gathering and maintain- 14.51 Extent of grant. ing the data needed and completing 14.52 Termination of right-of-way no longer and reviewing the collection of infor- needed. mation, including suggestions for re- 14.53 Application. ducing the burden, to Information Col- 14.54 General.
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14.55 Consultation with local bureau offi- (f) Construction work means any and cials, program values. all work, whether of a permanent na- 14.56 Concurrence by Federal Highway Ad- ture, done in the construction of the ministration. project. 14.57 Approval. 14.58 Terms and conditions of allowance. (g) Park means any federally owned 14.59 Additional rights-of-way within high- or controlled land within an area of the way rights-of-way. National Park System. 14.60 General. (h) Right-of-Way includes license, 14.61 Terms of grant. permit, or easement, as the case may be, and, where applicable, includes Subpart E—Power Transmission Lines, ‘‘site’’. General [45 FR 47092, July 11, 1980, as amended at 60 14.70 Statutory authority. FR 55791, Nov. 3, 1995] 14.71 Lands subject to grant. Subpart B—Nature of Interest Subpart F—Principles and Procedures, Power Transmission Lines § 14.6 Nature of interest granted; set- 14.75 Nature of interest. tlement on right-of-way; rights of 14.76 Terms and conditions. ingress and egress. 14.77 Procedures. [Reserved] § 14.6 In form of easement, license, or 14.78 Applications. permit. Subpart G—Radio and Television Sites No interest granted by the regula- tions in this part shall give the holder 14.90 Authority. thereof any estate of any kind in fee in 14.91 Procedures. the lands. The interest granted shall Subpart H—Telephone and Telegraph Lines consist of an easement, license, or per- mit in accordance with the terms of 14.95 Authority. the applicable statute; no interest shall 14.96 Procedures. be greater than a permit revocable at APPENDIX A TO PART 14 the discretion of the authorized officer AUTHORITY: 16 U.S.C. 5, 79; 23 U.S.C. 317. unless the applicable statute provides 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 (a) Secretary means the Secretary of primary right-of-way. 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-
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way only over lands for which the au- prevent and suppress fires on or near thorized officer has authority to grant the lands to be occupied under the a right-of-way of the type represented right-of-way, including making avail- by the primary right-of-way held or re- able such construction and mainte- quested by the applicant. He must com- nance forces as may be reasonably ob- ply with the same provisions of the tainable for the suppression of such regulations applicable to his primary fires. right-of-way with respect to the form (e) To build and repair such roads, of and place of filing his application for fences, and trails as may be destroyed an additional right-of-way, the filing of or injured by construction work and to maps and other information, and the build and maintain necessary and suit- payment of rental charges for the use able crossings for all roads and trails of the additional right-of-way. He must that intersect the works constructed, also present satisfactory evidence that maintained, or operated under the the additional right-of-way is reason- right-of-way. ably necessary for the use, operation, (f) To pay the United States the full or maintenance of the primary right- value for all damages to the lands or of-way. other property of the United States § 14.8 Unauthorized occupancy. caused by him or by his employees, contractors, or employees of the con- Any occupancy or use of the lands of tractors, and to indemnify the United the United States without authority States against any liability for dam- will subject the person occupying or ages to life, person or property arising using the land to prosecution and li- from the occupancy or use of the lands ability for trespass. under the right-of-way; except that § 14.9 Terms and conditions. where a right-of-way is granted here- under to a state or other governmental An applicant, by accepting a right-of- agency whose power to assume liability way, agrees and consents to comply by agreement is limited by law, such with and be bound by the following agency shall indemnify the United terms and conditions, excepting those States as provided above to the extent which the Secretary may waive in a that it may legally do so. particular case: (g) To notify promptly the super- (a) To comply with State and Federal intendent of the amount of merchant- laws applicable to the project for which able timber, if any, which will be cut, the right-of-way is approved, and to 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 ac- tions 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 conservation and protection measures approval of the right-of-way in order to including weed control, on the land render its use compatible with the pub- covered by the right-of-way as the su- lic interest. perintendent may request. (i) That upon revocation or termi- (d) To do everything reasonably with- nation of the right-of-way, unless the in his power, both independently and requirement is waived in writing, he on request of any duly authorized rep- shall, so far as it is reasonably possible resentative of the United States, to to do so, restore the land to its original
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condition to the entire satisfaction of or through such lands will be issued by the superintendent. the Director of the National Park Serv- (j) That he shall at all times keep the ice, or his delegate, under the regula- authorized officer informed of his ad- tions of this subpart. dress, and, in case of corporations, of the address of its principal place of Subpart C—Procedures business and of the names and address- es of its principal officers. § 14.20 Application. (k) That in the construction, oper- ation, and maintenance of the project, § 14.21 Form. he shall not discriminate against any employee or applicant for employment Application. The application shall be because of race, creed, color, or na- prepared and submitted in accordance tional origin and shall require an iden- with the requirements of this section. tical provision to be included in all It should be in typewritten form or leg- subcontracts. ible handwriting. It must specify that (l) That the allowance of the right-of- it is made pursuant to the regulations way shall be subject to the express con- in this part and that the applicant dition that the exercise thereof will agrees that the right-of-way if ap- not unduly interfere with the manage- proved, will be subject to the terms and ment and administration by the United conditions of the applicable regula- States of the lands affected thereby, tions contained in this part. It should and that he agrees and consents to the also cite the act to be invoked and occupancy and use by the United state the primary purposes for which States, its grantees, permittees, or les- the right-of-way is to be used. Applica- sees of any part of the right-of-way not tions shall be filed with the super- actually occupied or required by the intendent. If the right-of-way has been project, or the full and safe utilization utilized without authority prior to the thereof, for necessary operations inci- time the application is made, the appli- dent to such management, administra- cation must state the date such utiliza- tion, or disposal. tion commenced and by whom, and the (m) That the right-of-way herein granted shall be subject to the express date the applicant alleges he obtained covenant that it will be modified, control of the improvements. adapted, or discontinued if found by § 14.22 Reimbursement of costs. the Secretary to be necessary, without liability or expense to the United (a)(1) An applicant for a right-of-way States, so as not to conflict with the or a permit incident to a right-of-way use and occupancy of the land for any shall reimburse the United States for authorized works which may be here- administrative and other costs in- after constructed thereon under the au- curred by the United States in proc- thority of the United States. essing the application, including the preparation of reports and statements § 14.10 Areas of National Park System. pursuant to the National Environ- (a) The Act of March 3, 1921 (41 Stat. mental Policy Act (42 U.S.C. 4321–4347), 1353; 16 U.S.C. 797), provides that no before the right-of-way or permit will right-of-way for dams, conduits, res- be issued under the regulations of this ervoirs, power houses, transmission part. lines, or other works for storage or car- (2) The regulations contained in this riage of water, or for the development, section do not apply to: (i) State or transmission, or utilization of power local governments or agencies or in- within the limits as then constituted of strumentalities thereof where the any national park or monument, shall be approved without the specific au- lands will be used for governmental thority of Congress. purposes and the lands and resources (b) Pursuant to any statute, includ- will continue to serve the general pub- ing those listed in this subpart, appli- lic; (ii) road use agreements or recip- cable to lands administered by the Na- rocal road agreements; or (iii) Federal tional Park Service, rights-of-way over government agencies.
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(3) An applicant must submit with been paid in accordance with para- each application a nonreturnable pay- graphs (a) (3) and (4) of this section ment in accordance with the following shall be due within thirty days of re- schedule: ceipt of notice from the authorized of- (i) Each right-of-way or permit inci- ficer of the amount due. dent to a right-of-way for crossing Na- (7) An applicant who withdraws its tional Park System lands (e.g., for application before a decision is reached powerlines, pipelines, roads, and other on it is responsible for costs incurred linear facilities). by the United States in processing such application up to the date upon which Length Payments the authorized officer receives written Less than 5 miles ...... $50 per mile or fraction thereof. notice of the withdrawal, and for costs 5 to 20 miles ...... $500. subsequently incurred by the United 20 miles and over ...... $500 for each 20 miles or fraction therof. States in terminating the application review process. Reimbursement of such (ii) Each right-of-way or permit inci- costs shall be due within thirty days of dent to a right-of-way, not included in receipt of notice from the authorized paragraph (a)(3)(i) of this section (e.g., officer of the amount due. for communication sites, reservoir (8) If payment, as required by para- sites, plant sites, and other non-linear graphs (a)(4) and (b)(3) of this section facilities)—$250 for each 40 acres or exceeds actual costs to the United fraction thereof. States, a refund may be made by the (iii) If a project has the features of authorized officer from applicable paragraphs (a)(3) (i) and (ii) of this sec- funds, under authority of 43 U.S.C. 1374, tion in combination, the payment shall or the authorized officer may adjust be the total of the amounts required by the next billing to reflect the overpay- paragraphs (a)(3) (i) and (ii) of this sec- ment previously received. Neither an tion. applicant nor a holder shall set off or (4) When an application is received, otherwise deduct any debt due to or the authorized officer shall estimate any sum claimed to be owed them by the costs expected to be incurred by the United States without the prior 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,
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certificate of deposit, or other means thereof a nonreturnable payment in ac- acceptable to the authorized officer, cordance with the following schedule: for costs under § 14.22. The authorized (i) Each right-of-way or permit inci- officer may at any time, and from time dent to a right-of-way, for crossing Na- to time, require such additional secu- tional Park System lands (e.g., for rity or substitution of security as the powerlines, pipelines, roads, and other authorized officer deems appropriate. linear facilities).
(12) When an applicant for a right-of- Length Payment way is a partnership, corporation, asso- ciation, or other entity, and is owned Less than 5 miles ...... $20 per mile or fraction thereof. 5 to 20 miles ...... $200. or controlled, directly or indirectly, by 20 miles and over ...... $200 for each 20 miles or fraction one or more other entities, one or more thereof. of the owning or controlling entity or entities shall furnish security in an (ii) Each right-of-way or permit inci- amount acceptable to the authorized dent to a right-of-way, not included in officer, by bond, guaranty, cash, cer- paragraph (b)(2)(i) of this section (e.g., tificate of deposit or other means ac- for communication sites, reservoir ceptable to the authorized officer, for sites, plant sites, and other nonlinear costs under § 14.22. The authorized offi- facilities)—$100 for each 40 acres or cer may at any time, and from time to fraction thereof. time, require such additional security (iii) If a project has the feature of or substitution of security as the au- paragraphs (b)(2) (i) and (ii) of this sec- thorized officer deems appropriate. tion in combination, the payment shall (13) When through partnership, joint be the total of the amounts required by venture or other business arrangement, paragraphs (b)(2) (i) and (ii) of this sec- more than one person, partnership, cor- tion. poration, association or other entity (3) When a right-of-way or permit in- apply together for a right-of-way, each cident to a right-of-way is issued, the such applicant shall be jointly and sev- authorized officer shall estimate the costs, based on the best available cost erally liable for costs under § 14.22. information, expected to be incurred by (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 funded or adjusted as provided by para- for rights-of-way or permits incident graph (a)(8) of this section. for rights-of-way over the public lands (4) Following termination of a right- pending on June 1, 1975. of-way or permit incident to a right-of- (b)(1) After issuance of a right-of-way way, the former holder will be required or permit incident to a right-of-way, to pay additional amounts to the ex- the holder thereof shall reimburse the tent the actual costs incurred by the United States for costs incurred by the United States have exceeded the pay- United States in monitoring the con- ments required by paragraphs (b) (2) struction, operation, maintenance, and and (3) of this section. termination of authorized facilities on the right-of-way or permit area, and § 14.23 Showing as to organizations re- for protection and rehabilitation of the quired of corporations. lands involved. (a) An application by a private cor- (2) Each holder of a right-of-way or poration must be accompanied by a permit incident to a right-of-way must copy of its charter or articles of incor- submit within 60 days of the issuance poration, duly certified by the proper
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State official of the State where the certified copy of the articles of associa- corporation was organized. tion, if any; if there be none, the appli- (b) A corporation, other than a pri- cation must be made over the signa- vate corporation, should file a copy of ture of each member of the association. the law under which it was formed and Each member must furnish evidence of due proof of organization under the citizenship where it would be required same. if he were applying individually. (c) When a corporation is operating in a State other than that in which it § 14.25 Documents which must accom- was incorporated, it must submit a cer- pany application. tificate of the Secretary of State or (a) Maps. Each application, other other proper official of the State that than an appropriation for Federal-aid it has complied with the laws of that highway purposes under Title 23, State governing foreign corporations United States Code, section 317, must to the extent required to entitle the be accompanied by a map prepared on company to operate in such State. tracing linen, or on tracing paper hav- (d) A copy of the resolution or bylaws ing a 100 percent rag content, and three of the corporation authorizing the fil- or, in the case of electric transmission ing of the application must also be lines, five print copies thereof, showing filed. the survey of the right-of-way, prop- (e) If the corporation shall have pre- erly located with respect to the public viously filed with the National Park land surveys so that said right-of-way Service the papers required by this sec- may be accurately located on the tion, the requirements shall be held to ground by any competent engineer or be met if, in making subsequent appli- land surveyor. The map should comply cations, specific reference is made to with the following requirements: such previous filing by date, place, and (1) The scale should be 2,000 feet to case number. the inch for rights-of-way for such structures as canals, ditches, pipelines § 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 an nominal volt- tive born or naturalized, and, if natu- age of less than 33 kV. map scales may ralized, the date of naturalization, the at option of the applicant be 5,280 feet court in which naturalized, and the to 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
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monument, which can be readily recog- (b) Evidence of water right. If the nized and recovered. The station num- project involves the storage, diversion, ber and plus distance to the point of or conveyance of water, the applicant intersection with a line of the public- must file a statement of the proper land surveys should be ascertained and State official, or other evidence, show- noted, together with the course and ing that he has a right to the use of the distance along the section line to the water. Where the State official re- nearest existing corner, at a sufficient quires an applicant to obtain a right- number of points throughout the town- of-way as a prerequisite to the issuance ship to permit accurate platting of the of evidence of a water right, if all else relative position of the right-of-way to be regular, a right-of-way may be the public-land survey. granted conditioned only upon the ap- (4) If the right-of-way is across or plicant’s filing the required evidence of within lands which are not covered by water right from the State official the public-land surveys, the map shall within specified reasonable time. The be made in terms of the boundary sur- conditional right-of-way will terminate vey of the land to the extent it would at the expiration of the time allowed. be required above to be made in terms of the public-land surveys. § 14.26 Payment required; exceptions; (5) All subdivisions of the public-land default; revision of charges. surveys within the limits of the survey (a) Except as provided in paragraphs should be shown in their entirety, (b) and (c) of this section, the charge based upon the official subsisting plats, for use and occupancy of lands under with the subdivisions, section, town- the regulations of this part will be the ship, and range clearly marked. fair market value of the permit, right- (6) The width of the canal, ditch, or of-way, or easement, as determined by lateral at high-water line should be appraisal by the authorized officer. given and the width of all other rights- Periodic payments or a lump-sum pay- of-way shall be given. If the width is ment, both payable in advance, will be not uniform, the location and amount required at the discretion of such offi- of the change in width must be defi- cer: (1) When periodic payments are re- nitely shown. In the case of a pipeline, quired, the applicant will be required the diameter of the line should be to make the first payment before the given. The total distance of the right- permit, right-of-way, or easement will of-way on the Federal lands shall be be issued; (2) upon the voluntary relin- stated. quishment of such an instrument be- (7) Each copy of the map should bear fore the expiration of its term, any upon its face a statement of the engi- payment made for any unexpired por- neer who made the survey and the cer- tion of the term will be returned to the tificate of the applicant. The state- payer upon a proper application for re- ment and certificate referred to are payment to the extent that the amount embodied in Forms 1 and 2 (Appendix paid covers a full permit, right-of-way, A) which are made a part hereof and or easement year or years after the for- which should be modified so as to be mal relinquishment: Provided, That the appropriate to the act invoked and the total rental received and retained by nature of the project. the Government for that permit, right- (8) Whenever it is found that a public of-way, or easement, shall not be less land survey monument or reservation than $25. The amount to be so returned boundary monument will be destroyed will be the difference between the total or rendered inaccessible by reason of payments made and the value of the the proposed development, at least two expired portion of the term calculated permanent marked witness monuments on the same basis as the original pay- should be established at suitable ments. points, preferably on the surveyed (b) Except as provided in paragraph lines. A brief description of the witness (c) of this section, the charge for use monuments and the connecting courses and occupancy of lands under the regu- and distances to the original corners lations of this part shall not be less should be shown. than $25 per five-year period for any
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permit, right-of-way, or easement lowed for completion of construction. issued. Within 90 days after completion of con- (c) No charge will be made for the use struction or after all restoration stipu- and occupancy of lands under the regu- lations have been complied with, lations of this part: whichever is later, proof of construc- (1) Where the use and occupancy are tion, on forms approved by the Direc- exclusively for irrigation projects, mu- tor, shall be submitted to the author- nicipally operated projects, or non- ized officer. profit or Rural Electrification Admin- (b) The time for filing proof of con- istration projects, or where the use is struction may be extended by the au- by a Federal governmental agency. thorized officer, unless prohibited by (2) Where the permit, right-of-way, or law, upon a satisfactory showing of the easement is granted under the regula- need therefor and the filing of a tions in Subpart D. progress report, demonstrating that (d) If a charge required by this sec- due diligence toward completion of the tion is not paid when due, and such de- project is being exercised, for reason- fault shall continue for 30 days after able lengths of time not to exceed a notice, action may be taken to cancel total of ten years from the date of the permit, right-of-way, or easement. issuance of the right-of-way. After default has occurred, structures, buildings, or other equipment may be § 14.30 Nonconstruction, abandonment removed from the servient lands except or nonuse. upon written permission first obtained Unless otherwise provided by law, from the authorized officer. rights-of-way are subject to cancella- (e) At any time not less than five tion by the authorized officer for fail- years after either the grant of the per- ure to construct within the period al- mit, right-of-way, or easement or the lowed and for abandonment or nonuse. last revision of charges thereunder, the authorized officer, after reasonable no- § 14.31 Deviation from approved right- tice and opportunity for hearing, may of-way. review such charges and impose such No deviation from the location of an new charges as may be reasonable and approved right-of-way shall be under- proper commencing with the ensuing taken without the prior written ap- charge year. proval of the authorized officer. The (f) The provisions of this section authorized officer may require the fil- shall not have the effect of changing, ing of an amended application in ac- modifying, or amending the rental cordance with § 14.20 wherein the au- rates or charges imposed for existing thorized officer’s judgment the devi- water power projects under rights-of- ation is substantial. way previously approved by this De- partment. § 14.32 Revocation or cancellation.
§ 14.27 Application and use procedure. § 14.33 Order of cancellation. All rights-of-way approved pursuant § 14.28 Incomplete application and re- to this part, shall be subject to can- ports. cellation for the violation of any of the Where an application is incomplete provisions of this part applicable there- or not in conformity with the law or to or for the violation of the terms or regulations the authorized officer may, conditions of the right-of-way. No in his discretion, (1) notify the appli- right-of-way shall be deemed to be can- cant of the deficiencies and provide the celled except on the issuance of a spe- applicant with an opportunity to cor- cific order of cancellation. rect the deficiencies; or (2) the author- ized officer may reject the application. § 14.34 Change in jurisdiction over lands. § 14.29 Timely construction. A change in jurisdiction over the (a) Unless otherwise provided by law, lands from one Federal agency to an- a period of up to five years from the other will not cancel a right-of-way in- date a right-of-way is granted is al- volving such lands. It will however,
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change the administrative jurisdiction trol of access, on the National System over the right-of-way. of Interstate and Defense Highways are required over lands or interests in § 14.35 Transfer of right-of-way. lands owned by the United States, Sec- retary of Transportation may make § 14.36 Method of filing. such arrangements with the agency Any proposed transfer in whole or in having jurisdiction over such lands as part of any right, title or interest in a may be necessary to give the State or right-of-way, or permit incident to a other person constructing the projects right-of-way acquired under any law, on such lands adequate rights-of-way except the Act of March 3, 1891 (26 Stat. and control of access thereto from ad- 1101; 43 U.S.C. 946–949), must be filed in joining lands. It directs any such agen- accordance with § 14.20 for approval, cy to cooperate with the Secretary of must be accompanied by the same Transportation in this connection. showing of qualifications of the trans- (b) Title 23, United States Code, sec- feree as is required of the applicant, tion 317, provides that: and must be supported by a stipulation (1) If the Secretary of Transportation that the assignee agrees to comply determines that any part of the lands with and to be bound by the terms and or interests in lands owned by the conditions of the right-of-way. No United States is reasonably necessary transfer will be recognized unless and for the right-of-way of any highway until it is first approved in writing by constructed on the Federal-aid primary the authorized officer. system, the Federal-aid secondary sys- tem and the National System of Inter- § 14.37 Reimbursement of costs. state and Defense Highways, or under All filings for transfer approval made Title 23, United States Code, Chapter 2, pursuant to this section, except as to or as a source of materials for the con- rights-of-way or permits incident to struction or maintenance of any such 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- nation of right-of-way. the administration of such lands or in- 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
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imports discretion and indicates no in- with the Service’s management pro- tent to vest in the State a right at the gram and to agree to such measures as end of the four months’ period without may be necessary to maintain program further action by the Department hav- values. Failure to do so may lead to an ing jurisdiction. It was held further unresolvable conflict of interest and that the interest transferred under the necessitate disallowance of the applica- statute is merely a right-of-way or tion. right to take materials and that the Government may reserve the right to § 14.56 Concurrence by Federal High- dispose of leasable minerals. way Administration. The appropriate State highway de- § 14.52 Termination of right-of-way no partment will forward a copy of each longer needed. application and map filed with the Na- If at any time the need for any such tional Park Service to the authorized lands or materials for such purposes officer of the Federal Highway Admin- shall no longer exist, notice of the fact istration for a determination whether shall be given by the State highway de- the lands and interests in lands are partment to the Secretary of Transpor- necessary for the purposes of Title 23, tation and such lands or materials United States Code. shall immediately revert to the control of the Secretary of the Department § 14.57 Approval. from which they had been appro- After receipt of such determination priated. Notice by the State highway that the lands or interests in lands departments, that the need for the land under application are reasonably nec- or material no longer exists may be essary for the purposes of Title 23, given directly to the Bureau which U.S.C., the authorized officer of the Na- granted the rights. tional Park Service will notify the ap- plicant and the authorized officer of § 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
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right-of-way under this subpart may graph, qualified persons may appro- include an appropriation and release to priate rights-of-way for such usual the State or its nominee of all rights of highway facilities with the consent of the United States, as owner of under- the holder of the highway right-of-way, lying and abutting lands, to cross over which holder will be responsible for or gain access to the highway from its compliance with § 14.9, in connection lands crossed by or abutting the right- with the construction and maintenance of-way, subject to such terms and con- of such facilities. ditions and for such duration as the au- thorized officer of the National Park § 14.61 Terms of grant. Service deems appropriate. Except as modified by § 14.60 of this subpart, rights-of-way within the lim- § 14.59 Additional rights-of-way within its of a highway right-of-way granted highway rights-of-way. pursuant to Title 23 U.S.C., and appli- A right-of-way granted under this cations for such rights-of-way, are sub- subpart confers upon the grantee the ject to all the regulations of this part right to use the lands within the right- pertaining to such rights-of-way. of-way for highway purposes only. Sep- arate application must be made under Subpart E—Power Transmission pertinent statutes and regulations in Lines, General order to obtain authorization to use the lands within such rights-of-way for § 14.70 Statutory authority. other purposes. Additional rights-of- (a) The Act of February 15, 1901 (31 way will be subject to the highway Stat. 790; 43 U.S.C. 959), authorizes the rights-of-way. Future relocation or Secretary under such regulations as he change of the additional right-of-way may fix, to permit the use of rights-of- made necessary by the highway use way through public lands and certain will be accomplished at the expense of reservations of the United States, for 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 there- for 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
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and receiving structures and facilities (3) Each application for authority to to the extent of 200 feet on each side of survey, locate, commence construction the center line of such lines and poles work and maintain a facility for the and not to exceed four hundred feet by generation of electric power and energy four hundred feet for superstructures or for the transmission or distribution and facilities to any citizen, associa- of electric power and energy of 33 kilo- tion, or corporation of the United volts or higher under this subpart shall States, where it is intended by such to be referred by the authorized officer to exercise the use permitted under the the Secretary of the Interior to deter- Act. mine the relationship of the proposed § 14.71 Lands subject to grant. facility to the power marketing pro- gram of the United States. Where the Permission may be given under the proposed facility will not conflict with Act of February 15, 1901, and the Act of March 4, 1911, for a right-of-way over the program of the United States the unsurveyed lands as well as surveyed authorized officer, upon notification to lands. that effect, will proceed to act upon the application. In the case of nec- Subpart F—Principles and Proce- essary changes respecting the proposed location, construction, or utilization of dures, Power Transmission the facility in order to eliminate con- Lines flicts with the power-marketing pro- § 14.75 Nature of interest. gram of the United States, the author- ized officer shall obtain from the appli- § 14.76 Terms and conditions. cant written consent to or compliance (a) By accepting a right-of-way for a with such requirements before taking power transmission line, the applicant further action on the application: Pro- thereby agrees and consents to comply vided however, That if increased costs with and be bound by the following to the applicant will result from terms and conditions, excepting those changes to eliminate conflicts with the which the Secretary may waive in a power-marketing program of the particular case, in addition to those United States, and it is determined specified in § 14.9. that a right-of-way should be granted, (1) To protect in a workmanlike man- such changes will be required upon eq- ner, at crossings and at places in prox- uitable contract arrangements cov- imity to his transmission lines on the ering costs and other appropriate fac- right-of-way authorized, in accordance tors. with the rules prescribed in the Na- (4) The applicant shall make provi- tional Electric Safety Code, all Gov- sion, or bear the reasonable cost (as ernment and other telephone, tele- may be determined by the Secretary) graph, and power transmission lines of making provision for avoiding induc- from contact and all highways and rail- tive or conductive interference be- roads from obstruction, and to main- tween any transmission facility or tain his transmission lines in such other works constructed, operated, or manner as not to menace life or prop- maintained by it on the right-of-way erty. (2) Neither the privilege nor the right authorized under the grant and any to occupy or use the lands for the pur- radio installation, telephone line, or pose authorized shall relieve him of other communication facilities exist- any legal liability for causing induc- ing when the right-of-way is authorized tive or conductive interference be- or any such installation, line or facil- tween any project transmission line or ity thereafter constructed or operated other project works constructed, oper- by the United States or any agency ated, or maintained by him on the ser- thereof. This provision shall not relieve vient lands, and any radio installation, the applicant from any responsibility telephone line, or other communica- or requirement which may be imposed tion facilities now or hereafter con- by other lawful authority for avoiding structed and operated by the United or eliminating inductive or conductive States or any agency thereof. interference.
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(5) An applicant for a right-of-way for (C) In order to utilize any surplus ca- a transmission facility having a volt- pacity determined to be available, or age of 66 kilovolts or more must, in ad- any increased capacity provided by the dition to the requirements of Subpart Department at its own expense, the De- C, execute and file with its application partment may interconnect its trans- a stipulation agreeing to accept the mission facilities with the holder’s right-of-way grant subject to the fol- transmission facility in a manner con- lowing conditions: forming to approved standards of prac- (i) In the event the United States, tice for the interconnection of trans- pursuant to law, acquires the appli- mission circuits. cant’s transmission or other facilities (D) The expense of interconnection constructed on or across such right-of- will be borne by the Department, and way, the price to be paid by the United the Department will at all times pro- States shall not include or be affected vide and maintain adequate protective by any value of the right-of-way grant- equipment to insure the normal and ef- ed to the applicant under authority of ficient operation of the holder’s trans- the regulations of this part. mission facilities. (ii) The Department of the Interior (E) After any interconnection is com- shall be allowed to utilize for the pleted, the holder shall operate and transmission of electric power and en- maintain its transmission facilities in ergy and surplus capacity of the trans- good condition, and, except in emer- mission facility in excess of the capac- gencies, shall maintain in a closed po- ity needed by the holder of the grant sition all connections under the hold- (subsequently referred to in this para- er’s control necessary to the trans- graph as ‘‘holder’’) for the transmission mission of the Department’s power and of electric power and energy in connec- energy over the holder’s transmission tion with the holder’s operations, or to facilities. The parties may by mutual increase the capacity of the trans- consent open any switch where nec- mission facility at the Department’s essary or desirable for maintenance, re- expense and to utilize the increased ca- pair or construction. pacity for the transmission of electric (F) The transmission of electric power and energy utilization by the power and energy by the Department Department of surplus or increased ca- over the holder’s transmission facili- pacity shall be subject to the following ties will be effected in such manner, as terms and conditions: will not interfere unreasonably with (A) When the Department desires to the holder’s use of the transmission fa- utilize surplus capacity thought to cilities in accordance with the holder’s exist in the transmission facility, noti- normal operating standards, except fication will be given to the holder and that the Department shall have the ex- the holder shall furnish to the Depart- clusive right to utilize any increased ment within 30 days a certificate stat- capacity of the transmission facility ing whether the transmission facility which has been provided at the Depart- has any surplus capacity not needed by ment’s expense. the holder for the transmission of elec- (G) The holder will not be obligated tric power and energy in connection to allow the transmission of electric with the holder’s operations and, if so, power and energy by the Department the amount of such surplus capacity. to any person receiving service from (B) Where the certificate indicates the holder on the date of the filing of that there is no surplus capacity or the application for a grant, other than that the surplus capacity is less than statutory preference customers includ- that required by the Department the ing agencies of the Federal Govern- authorized officer may call upon the ment. holder to furnish additional informa- (H) The Department will pay to the tion upon which its certification is holder an equitable share of the total based. Upon receipt of such additional monthly cost of that part of the hold- information the authorized officer er’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
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the same proportion of the total ity vote, shall be binding on the De- monthly cost of such part of the trans- partment and the holder. mission facilities as the maximum (K) As used in this section, the term amount in kilowatts of the power ‘‘transmission facility’’ includes (1) all transmitted on a scheduled basis by types of facilities for the transmission the Department over the holder’s of electric power and energy and facili- transmission facilities bears to the ties for the interconnection of such fa- total capacity in kilowatts of that por- cilities, and (2) the entire transmission tion of the transmission facilities. The line and associated facilities, from sub- total monthly cost will be determined station or interconnection point to in accordance with the system of ac- substation or interconnection point, of counts prescribed by the Federal Power which the segment crossing the lands Commission, exclusive of any invest- of the United States forms a part. ment by the Department in the part of (L) The terms and conditions pre- the transmission facilities utilized by scribed in this paragraph may be modi- the Department. fied at any time by means of a supple- (I) If, at any time subsequent to a mental agreement negotiated between certification by the holder or deter- the holder and the Secretary of the In- mination by the authorized officer that terior or his designee. surplus capacity is available for utili- (b) Unless otherwise specified in a zation by the Department, the holder right-of-way granted under the Act of needs for the transmission of electric March 4, 1911, and unless sooner can- power and energy in connection with celled, the right-of-way shall expire 50 its operations the whole or any part of years from the date thereof. If, how- the capacity of the transmission facil- ever, within the period of 1 year prior ity theretofore certified or determined to the expiration date, the grantee as being surplus to its needs, the holder shall file, in accordance with § 14.20, a may request the authorized officer to written application to renew the right- 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 fol- under the Act of February 15, 1901, or lows: The holder and the authorized of- the Act of March 4, 1911, for permission ficer shall each appoint a member of to use the desired right-of-way through the board and the two members shall National Park Service areas must be appoint a third member. If the mem- filed and approved before any rights bers appointed by the holder and the can be claimed thereunder. authorized officer are unable to agree (b) Required showings. (1) A descrip- on the designation of the third mem- tion of the plant or connecting gener- ber, he shall be designated by the Chief ating plants which generate the power Judge of the United States Court of to be transmitted over such line, such Appeals of the circuit in which the description to be in sufficient detail to major share of the facilities involved is show, to the satisfaction of the author- located. The board shall determine the ized officer, the character, capacity, issue and its determination, by major- and location of such plants.
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(2) A description of the transmission consistent with the ‘‘Environmental line of which the line for which a right- Criteria for Electric Transmission of-way is requested forms a part, giving Lines,’’ prescribed jointly by the Sec- in reasonable detail the points between retary of Agriculture, as well as such which it will extend, its characteristics other environmental criteria and and purpose. There must also be in- guidelines as the National Park Serv- cluded a statement as to the voltage ice shall from time to time prescribe. for which the line is designed and at ‘‘Environmental Criteria for Electric which it is to be operated initially, and Transmission Systems’’ is available a statement as to whether it is to serve from the Superintendent of Docu- a single customer, or a number of cus- ments, U.S. Government Printing Of- tomers, or is intended to transmit fice, Washington, D.C. 20402. power solely for the applicant’s use. If (iii) If all other requirements are the line is to serve a single customer or met, the application may be approved is for the applicant’s own use, the na- if it is determined that the beneficial ture of such use must be given (such as purposes and effects of the project will airway beacon, coal mine, and irriga- not be outweighed by an adverse envi- tion pumps). ronmental impact. If the authorized of- (3) The application and maps shall ficer determines that the application specify the width of the right-of-way cannot be approved as proposed, he desired. Rights-of-way for power lines will, whenever possible, suggest alter- will be limited to 50 feet on each side of native routes or methods of construc- the centerline unless sufficient jus- tion, or other modifications which if tification is furnished for a greater adopted by the applicant would make width and it is otherwise authorized by the application acceptable. law. (4) If the line is to have a nominal Subpart G—Radio and Television voltage of 66 kilovolts or more, the ap- Sites plication should include a one-line dia- gram of the proposed line and the im- § 14.90 Authority. mediate interconnecting facilities in- The Act of March 4, 1911, (36 Stat. cluding power plants and substations, a 1253; 43 U.S.C. 961), as amended, author- power flow diagram for proposed line izes the head of the department having and connecting major lines showing jurisdiction over the lands, under gen- conditions under normal use, and typ- eral regulations fixed by him, to grant ical structure drawings of proposed line an easement for rights-of-way for a pe- showing construction dimensions and riod not exceeding 50 years, over and list of materials. across public lands and reservations of (5) Any application under the Act of the United States, for poles and lines March 4, 1911, for a line right-of-way in for the transmission and distribution excess of 100 feet in width or for a of electrical power, and for poles and structure or facility right-of-way over lines for communication purposes and 10,000 square feet must state the rea- for radio, television and other forms of sons why the larger right-of-way is re- communication transmitting, relay quired. Rights-of-way will not be issued and receiving structures and facilities in excess of such sizes in the absence of to the extent of 200 feet on each side of a satisfactory showing of the need the center line of such lines and poles therefor. and not to exceed four hundred feet by (6)(i) A detailed description of the en- four hundred feet for superstructures vironmental impact of the project shall and facilities to any citizen, associa- be included with the application. It tion, or corporation of the United shall provide, among other things, in- States, where it is intended by such to formation about the impact of the exercise the use permitted under the project on airspace, air and water qual- Act. ity, scenic and esthetic features, his- torical and archeological features, and § 14.91 Procedures. wildlife, fish, and marine life. (a) Any application under the Act of (ii) The proposed site, design, and March 4, 1911, for a line right-of-way in construction of the project shall be excess of 100 feet in width or for a
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structure or facility right-of-way of purposes to the extent of the ground over 10,000 square feet must state the occupied by such canals, ditches, water reasons why the larger right-of-way is plants, or other works permitted there- required. Rights-of-way will not be under and not to exceed 50 feet on each issued in excess of such sizes in the ab- side of the marginal limits thereof, or sence of a satisfactory showing of the not to exceed 50 feet on each side of the need therefor. center line of such pipe lines, telephone (b) When an application is made for a and telegraph lines, and transmission right-of-way for a site for a water plant lines, by any citizen, association, or or for a communication structure or fa- corporation of the United States, cility, the location and extent of where it is intended by such to exercise ground proposed to be occupied by the use permitted under the Act. buildings or other structures necessary (b) The Act of March 4, 1911 (36 Stat. to be used in connection therewith 1253; 43 U.S.C. 961), as amended, author- must be clearly designated on the map izes the head of the department having by reference to course and distance jurisdiction over the lands under gen- from a corner of the public survey. In eral regulations fixed by him, to grant addition to being shown in connection an easement for rights-of-way for a pe- with the main drawing, the buildings riod not exceeding 50 years, over and or other structures must be platted on across public lands and reservations of the map in a separate drawing on a the United States, for poles and lines scale sufficiently large to show clearly for the transmission and distribution their dimensions and relative posi- of electrical power, and for poles and tions. When two or more such proposed lines for communication purposes and structures are to be located near each for radio, television and other forms of other, it will be sufficient to give the communication transmitting, relay reference to a corner of the public sur- and receiving structures and facilities vey for one of them provided all the to the extent of 200 feet on each side of others are connected therewith by the center line of such lines and poles course and distance shown on the map. and not to exceed 400 feet by 400 feet The application must also state the for superstructures and facilities to proposed use of each structure, must any citizen, association, or corporation show definitely that each one is nec- of the United States, where it is in- essary for a proper use of the right-of- tended by such to exercise the use per- way for the purpose contemplated in mitted under the Act. the Act of March 4, 1911. If the right-of- way is within reservation lands which § 14.96 Procedures. are not covered by the public land sur- veys, the map shall be made in terms of Any application under the Act of the boundary survey of the reservation March 4, 1911, for line right-of-way in to the extent it would be required excess of 100 feet in width or for a above to be made in terms of the public structure or facility right-of-way of land survey. over 10,000 square feet must state the 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. (a) The Act of February 15, 1901 (31 APPENDIX A TO PART 14 Stat. 790; 43 U.S.C. 959), authorizes the Secretary, under such regulations as he Where necessary, these forms should be may fix, to permit the use of rights-of- modified so as to be appropriate to the appli- cant (corporation, association, or indi- way through public lands and certain vidual), to the act involved, and to the na- reservations of the United States, for ture of the project. electrical plants, poles, and lines for the generation and distribution of elec- FORM trical power, and for telephone and References should be made to the appro- telegraph purposes, and for pipelines, priate section of the regulations to deter- canals, ditches, water plants, and other mine when each of the forms is required.
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Form No. 2 may be signed by any officer or 17.6 Action at close of bidding. employee of the company who is authorized 17.7 Preference rights. to sign it. However, if it is executed by a per- 17.8 Conveyance. son other than the President, it must be ac- AUTHORITY: Sec. 5(a), of the Act of July 15, companied by a certified copy of the minutes 1968, 82 Stat. 354, 16 U.S.C. 460l–22(a). of the Board of Directors meeting or other document authorizing such signature unless SOURCE: 42 FR 46302, Sept. 15, 1977, unless such certified copy has already been filed in otherwise noted. the case. Forms 1 and 2 to be placed on maps. See § 17.1 Authority. § 14.25(a)(7). Section 5(a) of the Act of July 15, ENGINEER’S STATEMENT 1968, 82 Stat. 354, 16 U.S.C. 4601–22(a), authorizes the Secretary of the Inte- (FORM 1) rior, under specified conditions, to con- lllll(Name of engineer) states he is by vey a leasehold or freehold interest on occupation a lllll(Type of engineer) em- federally owned real property acquired ployed by the lllll(Company) to make by the Secretary from non-Federal the survey of the lllll(Kind of works) as sources within any unit of the National described and shown on this map; that the Park System except national parks and survey of said works made by him (or under those national monuments of scientific his supervision) and under authority, com- mencing on the lll day of lll 19ll and significance. This legislation is re- ending on the lll day of lll, 19ll; and ferred to as ‘‘the act’’ in regulations in that such survey is accurately represented this part. upon this map. llllllllll § 17.2 Definitions. Engineer As used in the regulations in this APPLICANT’S CERTIFICATE part: (a) Authorized officer shall mean an (FORM 2) officer or employee of the National This is to certify that lllll (Engi- Park Service designated to conduct the neer), who subscribed the statement hereon, sale or lease and delegated authority to is the person employed by the undersigned execute all necessary documents, in- applicant to prepare this map, which has cluding deeds and leases. been adopted by the applicant as the approx- (b) The term unit of the National imate final location of the works thereby Park System means any area of land or shown, and that this map is filed as a part of the complete application, and in order that water administered by the Secretary of the applicant may obtain the benefits of the Interior through the National Park lllll(Cite statute); and I further certify Service for park, monument, historic, that the right-of-way herein described is de- parkway, recreational, or other pur- sired for poses. (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 llllllllllllllllllllllll ‘‘national park.’’ Title (d) The term national monument of sci- llllllllllllllllllllllll entific significance means a unit of the Company National Park System designated as a Attest: national monument by statute or proc- lamation for the purpose of preserving PART 17—CONVEYANCE OF FREE- landmarks, structures, or objects of HOLD AND LEASEHOLD INTERESTS scientific interest. ON LANDS OF THE NATIONAL (e) The term person includes but is not necessarily limited to an indi- PARK SYSTEM vidual partnership, corporation, or as- sociation. Sec. (f) The term freehold interest means 17.1 Authority. 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
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term of years or an estate from month- contain, at a minimum: (1) A legal de- to-month or from year-to-year. scription of the land by public lands (h) The term fair market value means subdivisions, metes-and-bounds, or the appraised value as set forth in an other suitable method, (2) a statement approved appraisal made for the Sec- of the interest to be conveyed, includ- retary for the interest to be sold or ing restrictions to be placed on the use leased. of the property, (3) a statement of the fair market value of the interest as de- [42 FR 46302, Sept. 15, 1977, as amended at 62 termined by the Secretary below which FR 30234, June 3, 1997] the interest will not be conveyed, to- § 17.3 Lands subject to disposition. gether with information as to where the Government’s appraisal may be in- The Act is applicable to any Feder- spected, (4) information as to any pref- ally owned real property acquired by erence rights of former owners to ac- the Secretary from non-Federal quire the interest upon matching the sources within any unit of the National highest bid, (5) an outline of bid proce- Park System other than national parks dure and a designation of the time and and those national monuments of sci- place for submitting bids, and (6) an entific significance. No leasehold or outline of conveyance procedures, re- freehold conveyance shall be made ex- quirements, and time schedule. cept as to lands which the General (b) If the property has been in Fed- Management Plan for the particular eral ownership for less than two years, unit of the National Park System has the last owner or owners of record shall designated as a Special Use Zone for be sent a notice by certified mail to the uses that are permitted by the free- their present or last known address hold or leasehold conveyance. No lease- providing the information in the pub- hold or freehold conveyance shall be lished notice and advising them of made unless the lands have been sur- their right under section 5(a) of the act veyed for natural, historical, and cul- to acquire the interest upon payment tural values and a determination made or agreement to pay an amount equal by the Secretary that such leasehold or to the highest bid price. freehold conveyance will not be incon- sistent with any natural, historical, or § 17.5 Bids. cultural values found on the land. Any Bids may be made by the principal or conveyances affecting properties listed his agent, either personally or by mail. or eligible for listing on the National Bids will be considered only if received 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 condi- [42 FR 46302, Sept. 15, 1977, as amended at 43 tioned in ways not provided for by the 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 tice published in the FEDERAL REG- greater, in the case of a freehold inter- ISTER and, subsequently, once weekly est or for the amount of the first year’s 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
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bid. The bid and payments must be en- dress of the highest bid on the interest closed in a sealed envelope upon which and advise them of their right to ac- the prospective bidder shall write: (a) quire the interest for an amount equal Bid on interest in land of the National to the highest bid if within 30 days Park System, and (b) the scheduled they notify the Secretary of their de- date the bids are to be opened. In the sire to do so and make payment or event two or more valid bids are re- agree to make payment of an amount ceived in the same amount, the deter- equal to that specified in § 17.5. mination of which is the highest will If within 30 days of mailing of such no- be by drawing. Bids will be opened at tification, the former owner or owners the time and place specified in the no- do not indicate a desire to acquire the tice. Bidders, their agents or represent- interest and make payment or agree to atives, and any other persons may at- make payment for such interest in an tend the bid opening. No bid in an amount equal to the declared high bid, amount less than the fair market or, if they do indicate such a desire but value, as herein defined, shall be con- fail to consummate the transaction sidered. within the time period established for the conveyance, then the bid of the de- [42 FR 46302, Sept. 15, 1977, as amended at 61 FR 28508, June 5, 1996] clared high bidder will be accepted. In the event that a former owner who in- § 17.6 Action at close of bidding. dicates a desire to repurchase pursuant to this procedure fails to consummate The person who is declared by the au- the transaction within the established thorized officer to be the high bidder time period the declared high bidder shall be bound by his bid and the regu- shall be permitted, but not required, to lations in this part to complete the consummate the transaction. If the de- purchase in accordance therewith un- clared high bidder does not choose to less his bid is rejected or he is released consummate the transaction in this therefrom by the authorized officer. circumstance, the entire transaction The declared high bid on property for will be cancelled, and, if appropriate, a which a preference right exists will be new bidding procedure instituted. conditionally accepted subject to the exercise of the preference as described § 17.8 Conveyance. below. In the case of a freehold inter- Conveyance of a leasehold or freehold est, the high bidder must submit the interest shall be by lease or deed, as balance of the bid within 45 days of the appropriate, at the highest bid price, bid award in the form of a certified but not less than fair market value. All check, post office money order, bank conveyance of leasehold or freehold in- draft, or cashier’s check, made payable terests shall contain such terms and to the United States of America. Fail- conditions as the Secretary deems nec- ure to submit the full balance within 45 essary to assure use of the property in days will result in the forfeiture of a manner consistent with the purpose $1,000 of bid deposit, unless the bidder for which the area was authorized by has been released from the bid or an ex- Congress. The conveyancing or leasing tension has been granted by the au- document shall contain such provisions thorized officer, and the property will and restrictions as may be determined be awarded to the next highest bidder by the Secretary to be necessary to upon fulfillment of the requirements of protect the natural, historic, cultural this section. or other values present on the lands. [42 FR 46302, Sept. 15, 1977, as amended at 61 All conveyances shall be without war- FR 28508, June 5, 1996] ranty.
§ 17.7 Preference rights. PART 18—LEASES AND EX- On any property which has been in CHANGES OF HISTORIC PROP- Federal ownership less than two years, ERTY 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 Authority. mail at their present or last known ad- 18.2 Definitions.
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18.3 Applicability. (c) Fair Market Rental Value means 18.4 Notice/Publicity. the most probable rent that the prop- 18.5 Determination of fair market rental erty would command if it were exposed value. on the open market for a period of time 18.6 Advertised sealed bids. sufficient to attract a tenant who rents 18.7 Action at close of bidding. the property with full knowledge of the 18.8 Requests for proposals. 18.9 Lease terms and conditions. alternatives available to him on the 18.10 Subleases and assignments. market. 18.11 Special requirements. (d) Fair Market Value means the 18.12 Ownership of improvements. amount in cash, or terms reasonably 18.13 Exchanges for historic property. equivalent to cash, for which in all probability, the property would be sold AUTHORITY: Sec. 207, Pub. L. 96–515, 94 Stat. 2997 (16 U.S.C. 470h–3) by a knowledgeable owner willing but not obligated to sell to a knowledge- SOURCE: 47 FR 53369, Nov. 26, 1982, unless able purchaser who desired but was not otherwise noted. obligated to buy. § 18.1 Authority. (e) Historic property means any pre- historic or historic district, site, build- Section 207 of the National Historic ing, structure, or object included in, or Preservation Act Amendments of De- eligible for inclusion on the National cember 12, 1980, Pub. L. 96–515, 94 Stat. Register of Historic Places. 2997, amends the National Historic (f) Lease means a written contract by Preservation Act of 1966, 16 U.S.C. 470 which use and possession in land and/or et seq., by adding a new section 111. improvements is given to another per- Section 111(a) authorizes the Secretary son for a specified period of time and of the Interior to lease historic prop- for rent and/or other consideration. erty owned by the Department of the (g) Leasehold interest means a con- Interior or to exchange certain prop- tract right in property consisting of erty owned by the Department of the the right to use and occupy real prop- Interior with certain comparable non- erty by virtue of a lease agreement. federally owned historic property in (h) National Register or National Reg- order to ensure the preservation of the ister of Historic Places means the na- historic property. Section 111(b) pro- tional register of districts, sites, build- vides that proceeds from such leases of ings, structures, and objects significant an historic property may be retained in American history, architecture, by the agency to defray the cost of ad- archeology, engineering, and culture, ministering, maintaining, repairing, or maintained by the Secretary of the In- otherwise preserving the property or terior under authority of section other properties on the National Reg- 101(a)(1) of the National Historic Pres- ister. The Secretary must consult with ervation Act of 1966, as amended (80 the Advisory Council on Historic Pres- Stat. 915, 16 U.S.C. 470 et seq. (1970 ed)). ervation before taking an action pursu- (i) Preservation means the act or proc- ant to this part. ess of applying measures to sustain the existing terrain and vegetative cover of § 18.2 Definitions. a site and the existing form, integrity, In addition to applicable definitions and material of a structure. It includes contained in 36 CFR part 1, the fol- initial stabilization work, where nec- lowing definitions shall apply to this essary, as well as ongoing mainte- part: nance. (a) Adaptive Use means the act or (j) Preservation Maintenance means process of adapting a structure to a use the act or process of applying preserva- other than that for which it was de- tion treatment to a site or structure. It signed. includes housekeeping and routine and (b) Authorized Officer means an officer cyclic work scheduled to mitigate wear or employee of the National Park Serv- and deterioration without altering the ice designated to conduct leases or ex- appearance of the resource, repair or changes and delegated authority to replacement-in-kind of broken or worn- execute all necessary documents in- out elements, parts, or surfaces so as cluding leases and deeds. to keep the existing appearance and
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function of the site of structure, and § 18.4 Notice/Publicity. emergency stabilization work nec- (a) When the Director has determined essary to protect damaged historic fab- in accordance with these regulations ric from additional damage. that an appropriate interest in Na- (k) Reconstruction means the act or tional Park Service property will be of- process of accurately reproducing a fered for lease, public notice of the op- site or structure, in whole, or in part, portunity shall be published at least as it appeared at a particular period of twice in local and/or national news- time. papers of general circulation, appro- (l) Rehabilitation means the act or priate trade publications, and distrib- process of returning a property to a uted to interested persons. The notice state of utility through repair or alter- shall be published not less than 60 days ation that makes possible an efficient prior to the date of the bid opening or contemporary use while preserving receipt of proposals and may be can- those portions or features of the prop- celled or withdrawn at any time. The erty that are significant to its histor- notice shall contain, at a minimum: (1) ical, architectural, and cultural values. A legal description of the property by (m) Restoration means the act or public lands subdivision, metes-and- process of recovering the general his- bounds, lot or by other suitable meth- toric appearance of a site or the form od, (2) a statement of the interest and and details of a structure, or portion term to be made available, designation thereof, by the removal of incompat- of permissible uses, if applicable, in- ible natural or human-caused accre- cluding restrictions to be placed on the tions and the replacement of missing property, (3) whether the opportunity elements as appropriate. For struc- is for submission of a bid or a proposal tures, restoration may be for exteriors as a result of a request for proposals, and interiors, and may be partial or (4) when appropriate, a statement of complete. the minimum acceptable bid below [47 FR 53369, Nov. 26, 1982, as amended at 62 which the interest will not be con- FR 30235, June 3, 1997] veyed, (5) an outline of bid or proposal procedures and a designation of the § 18.3 Applicability. time and place for submitting bids or Section 111 of the Act is applicable to proposals, (6) an outline of lease proce- certain historic property under the ju- dures, requirements, and time sched- risdiction of the National Park Service ule, (7) information regarding the char- which the Director has determined acter of the property and its location would be adequately preserved by lease as deemed necessary, and (8) informa- as well as to any other non-Federal his- tion on the physical condition of the toric property within the authorized property and where appropriate, work boundaries of a unit of the National which may be required. Park System which the National Park (b) All persons interested in an offer- Service may wish to acquire through ing of property for lease shall be per- an exchange of federally owned prop- mitted and/or encouraged to make a erty of equal value and/or equalizing complete inspection of such property monetary consideration, in order to en- including any available records, plans, sure the preservation of the historic specifications, or other such docu- property. No lease or exchange shall be ments. made under this part until a written (c) Where a historic property has determination is made by the Director been designated for lease pursuant to that, pursuant to the National Park this part, a condensed statement of the Service Planning Process, such use will availability of property for lease shall be consistent with the purposes for be prepared and submitted for inclu- which the park is established. No lease sion in the U.S. Department of Com- or exchange shall be made prior to con- merce publication ‘‘Commerce Busi- sultation with the Advisory Council on ness Daily’’ to: U.S. Department of Historic Preservation. These regula- Commerce (S-Synopsis), Room 1304, 433 tions shall not apply to objects or pre- West Van Buren Street, Chicago, Illi- historic structures. nois 60607.
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§ 18.5 Determination of fair market § 18.7 Action at close of bidding. rental value. When a property is advertised for Fair market rental value of a prop- sealed bids, the bidder who is declared erty offered for lease will be prepared by the authorized officer to be the high and reviewed by qualified professional bidder shall be bound by his bid and the real estate appraisers. Estimated fair regulations in this part to execute the market rental value will be prepared in lease, in accordance therewith, unless accordance with professional standards the bid is rejected. The Director re- and practices, taking into consider- serves the right to reject any and all ation all factors influencing value in- bids in his discretion when in the best cluding special or unique provisions interest of the Government. and/or limitations on the use of the property contained in the lease. § 18.8 Requests for proposals. § 18.6 Advertised sealed bids. (a) When the award of a lease will be based on criteria in addition to price, Leases will be offered through adver- solicitation of offers will be made tised sealed bids when the lease price is through requests for proposals and the the only criterion for award. If a prop- Director may negotiate with the party erty is to be leased on a bid basis, and or parties which, in the Director’s the advertisement/solicitation specifies judgment, makes the offer(s) which is a bid form, it will be made available upon request. Bids may be made by a susceptible to being the most advan- principal or designated agent, either tageous to the National Park Service. personally or by mail. Bids will be con- (b) Where significant investment sidered only if received at the place would be required of a potential lessee, designated and prior to the hour fixed the Director shall issue a request for in the offering. If no bid form is speci- proposals describing the required pres- fied, bids must be in writing, clearly ervation, preservation maintenance, identify the bidder, be signed by the restoration, reconstruction, adaptive bidder or designated agent, state the use, or other specified work. amount of the bid, and refer to the pub- (c) Requests for proposals will be lic notice. Bids conditioned substan- made available upon request to all in- tially in ways not provided for by the terested parties and will allow a min- notice will not be considered. Bids imum of sixty days for proposals to be must be accompanied by certified submitted unless a shorter period is checks, post office money orders, bank necessary and made part of the public drafts, or cashier’s checks made pay- notice. able to the United States of America (d) All proposals received will be for the amount specified in the adver- evaluated by the Director, and the pro- tisement. The bid and payment must posal(s) considered to meet the criteria be enclosed in a sealed envelope upon best shall be selected as the basis for which the prospective bidder shall negotiation to a final lease. write ‘‘Bid on interest in property of (e) The principal factors to be used in the National Park Service’’ and shall evaluating the proposal(s) shall be note the scheduled date the bids are to stated in the request for proposals and be opened. Payments will be refunded shall include as appropriate (1) price, promptly to unseccessful bidders. Bids (2) financial capability, (3) experience will be opened publicly at the time and of the proposer, (4) conformance of the place specified in the notice of the of- proposal(s) to the request for proposals, fering. Bidders, their agents or rep- (5) impact of the proposal(s) on the his- resentatives, and any other interested torical significance and integrity of person may attend the bid opening. No the site or structure(s) or, (6) any other bid in an amount less than the fair factors that may be specified. When the market rental value shall be consid- request for proposal solicits lease pro- ered. In the event two or more valid posals for use of sites or structures, the bids are received in the same amount, selection criteria may include assess- the award shall be made by a drawing ment of the degree to which any use by lot limited to the equal acceptable proposed is supportive of the purposes bids received. of the park.
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(f) The Director may solicit from any visory authority of the Director pro- offeror additional information, or writ- vided for under the approved lease. ten or verbal clarification of a pro- (d) With the consent of the Director, posal. The Director may choose to re- the lease may contain provisions au- ject all proposals received at any time thorizing the lessee to encumber the and resolicit or cancel the solicitation leasehold interest in the premises for altogether in his discretion when in the the purpose of borrowing capital for best interest of the Government. Any the development and improvement of material information made available the leased premises. The encumbrance to any offeror by the Director must be instrument must be approved by the made available to all offerors, and will Director in writing. An assignment or be available to the public upon request. sale of leasehold under an approved en- (g) The Director may, in his discre- cumbrance can be made with the ap- tion, terminate negotiations at any proval of the Director and the consent time prior to execution of the lease of the other parties to the lease, pro- without liability to any party when it vided, however, that the assignee ac- is in the best interest of the Govern- cepts and agrees in writing to be bound ment. by all the terms and conditions of the lease. Such purchaser will be bound by § 18.9 Lease terms and conditions. the terms of the lease and will assume (a) All leases shall contain such in writing all the obligations there- terms and conditions as the Director under. deems necessary to assure use of the property in a manner consistent with § 18.11 Special requirements. the purpose for which the area was au- (a) All leases made pursuant to the thorized by Congress and to assure the regulations in this part shall be in the preservation of the historic property. form approved by the Director and sub- (b) Leases granted or approved under ject to his written approval. this part shall be for the minimum (b) No lease shall be approved or term commensurate with the purpose granted for less than the present fair of the lease that will allow the highest market rental value. economic return to the Government (c) Unless otherwise provided by the consistent with prudent management Director a satisfactory surety bond and preservation practices, except as will be required in an amount that will otherwise provided in this part. In no reasonably assure performance of the event shall a lease exceed a term of 99 contractual obligations under the years. lease. Such bond may be for the pur- pose of guaranteeing: § 18.10 Subleases and assignments. (1) Not less than one year’s rental un- (a) A sublease, assignment, amend- less the lease contract provides that ment or encumbrance of any lease the annual rental or portion thereof issued under this part may be made shall be paid in advance. only with the written approval of the (2) The estimated construction cost Director. of any improvements by the lessee. (b) A lease may be amended from (3) An amount estimated to be ade- time to time at the written request of quate to insure compliance with any either the lessee or the Government additional contractual obligations. with written concurrence of the other (d) The lessee will be required to se- party. Such amendments will be added cure and maintain from responsible to and become a part of the original companies insurance sufficient to in- lease. demnify losses connected with or occa- (c) The lease may contain a provision sioned by the use, activities, and oper- authorizing the lessee to sublease the ations authorized by the lease. Types premises, in whole or in part, with ap- and amounts of insurance coverage will proval of the Director, provided the be specified in writing and periodically uses prescribed in the original lease are reviewed by the National Park Service. not violated. Subleases so made shall (e) The lessee shall save, hold harm- not serve to relieve the sublessee from less, and indemnify the United States any liability nor diminish any super- of America, its agents and employees
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for losses, damages, or judgments and ports of the agency. The Secretary may expenses on account of personal injury, accept cash from or pay cash to the death or property damage or claims for grantor in an exchange, in order to personal injury, death, or property equalize the values of the properties damage of any nature whatsoever and exchanged. by whomsoever made arising out of the (c) Title to the non-Federal property activities of the lessee, his employees, to be received in exchange must be free subcontractors, sublessees, or agents and clear of encumbrances and/or liens. under the lease. (d) Prior to consummation of any ex- (f) No lease shall provide the lessee a change, the Secretary shall evaluate preference right of future leases. the Federal land to be exchanged, and (g) The lessee is responsible for any shall reserve such interests as nec- taxes and assessments imposed by Fed- essary to protect the purposes for eral, State, and local agencies on les- which the unit of the National Park see-owned property and interests. System was established. The grantor of (h) The lessee shall comply with local property to the Federal Government applicable ordinances, codes, and zon- may reserve only such rights as are ing requirements. compatible with the purposes for which it is being acquired as determined by § 18.12 Ownership of improvements. the Secretary. Appraisal of fair market (a) Capital improvements made to ex- values must reflect any reservations or isting government-owned structures by restrictions. the lessee or additional structures placed on the government-owned land PART 20—ISLE ROYALE NATIONAL by the lessee are the property of the PARK; COMMERCIAL FISHING United States. No rights for compensa- tion of any nature exist for such prop- Sec. erty at the termination or expiration 20.1 Definitions. of the lease except as specified in the 20.2 Permits; conditions. lease. 20.3 Maximum number of permittees. (b) Furniture, trade fixtures, chattel, 20.4 Revocation of permits; appeal. and other personal property defined in AUTHORITY: Secs. 1–3, 39 Stat. 535, as the lease shall remain the property of amended, sec. 3, 56 Stat. 133, secs. 1, 2, 67 the lessee upon termination or expira- Stat. 495, 496; 16 U.S.C. 1, 1b, 1c, 2, 3, 408k. tion of the lease and shall be removed within a reasonable time specified in SOURCE: 24 FR 11055, Dec. 30, 1959, unless otherwise noted. the lease. § 20.1 Definitions. § 18.13 Exchanges for historic prop- erty. As used in this part: (a) After consultation with the Advi- (a) Park means Isle Royale National sory Council on Historic Preservation, Park. the Secretary, consistent with other (b) Permittee includes all persons en- legal requirements or other legal au- gaged in commercial fishing from bases thorities, may exchange any property in the Park, except those life lessees owned by the United States of America who were engaged in such occupation under his administration for any non- at the date of the issuance of their federally owned historic property lo- leases. cated within the authorized boundaries [24 FR 11055, Dec. 30, 1959, as amended at 60 of an existing unit of the National FR 55791, Nov. 3, 1995; 62 FR 30235, June 3, Park System, if he has determined that 1997] such exchange will adequately ensure preservation of the historic property § 20.2 Permits; conditions. and subject to the requirements of Annual, revocable special use per- § 18.3 of this part. mits authorizing the use of Govern- (b) The exchange of the two prop- ment-owned structures and facilities in erties must be on the basis of approxi- the Park as bases for commercial fish- mately equal fair market value estab- ing in the waters contiguous to the lished by the approved appraisal re- Park may be granted by the Director of
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the National Park Service, or the Re- any Federal statute or the provisions gional Director if authorized by the Di- of these or any other regulations of the rector, to bona fide commercial fisher- Secretary, relating to the Park. A per- men, where such structures and facili- mittee, however, shall have the right ties were used for this purpose during to appeal to the Director, Office of the period from April 1, 1937, to Decem- Hearings and Appeals, from a decision ber 31, 1939, inclusive, subject to the of the Director of the National Park following conditions. Service revoking his permit. Any such (a) Permittees will be required to pay appeal shall comply with the general an annual fee as set forth in part 6 of rules set forth in Department Hearings this chapter. and Appeals Procedures, 43 CFR part 4, (b) Permittees shall personally reside subpart B, and the special procedural at their Park bases during the fishing rules in subpart G of 43 CFR part 4, ap- season. plicable to proceedings in appeals cases (c) Permittees shall secure and pos- which do not lie within the appellate sess at all times such commercial fish- jurisdiction of an established Appeals ing license as may be required by the Board of the Office of Hearings and Ap- State of Michigan. peals. (d) Permittees shall comply with all Michigan laws, and related regulations [36 FR 7184, Apr. 15, 1971] prescribed by the Michigan Depart- ment of Conservation, governing com- PART 21—HOT SPRINGS NATIONAL mercial fishing in the waters contig- PARK; BATHHOUSE REGULATIONS uous to the Park. (e) Permittees shall use the bases Sec. covered by the permit for commercial 21.1 Definitions. fishing only. No permittee shall furnish 21.2 Penalties. boat or guide service to the public un- 21.3 Use of thermal water. less expressly authorized to do so by 21.4 Registration of physicians. 21.5 Therapeutic bathing requirements. the Secretary or the Director. 21.6 Use of therapeutic pools. (f) Permittees shall maintain at their 21.7 Health examinations. own expense, in accordance with rea- 21.8 Employee certification. sonable standards of repair, safety, and 21.9 Solicitation by employees. sanitation, all Government-owned 21.10 Losses. structures and facilities embraced in 21.11 Redemption of bath tickets. the permits. 21.12 Loss of bath tickets. (g) The size, type and location of nets AUTHORITY: Sec. 3, Act of August 25, 1916, and gear and the number of men en- 39 Stat. 535, as amended (16 U.S.C. 3); sec. 3, gaged in the operation of the fishing Act of March 3, 1891, 26 Stat. 842, as amended base of the permittee shall be pre- (16 U.S.C. 363). scribed in the permit. Only nets and SOURCE: 44 FR 2577, Jan. 12, 1979, unless gear approved by the Michigan Depart- otherwise noted. ment of Conservation shall be used. § 21.1 Definitions. § 20.3 Maximum number of permittees. When used in the regulations in this Commercial fishermen to whom the part: annual revocable permits may be (a) The term physician means doctor granted shall not exceed the maximum of medicine or osteopathy who is li- number of persons conducting commer- censed to practice by a State or terri- cial fishing operations from bases in tory of the United States. the area comprising the Park at any (b) The term registered physician one time during the period from April means a physician registered at the of- 1, 1937 to December 31, 1939, inclusive. fice of the Superintendent as author- ized to prescribe the waters of Hot § 20.4 Revocation of permits; appeal. Springs National Park. The Director of the National Park (c) The term employee means any per- Service may, by notification in writ- son licensed or certified by a State or ing, revoke the permit of any per- territory of the United States in his or mittee found by him to have violated her specialty, or who is certified by the
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Superintendent to perform or render violation of which is not subject to the special services in a bathhouse. penalty provisions of § 21.2. (d) The term bathhouse means any fa- cility which is operated by an indi- § 21.6 Use of therapeutic pools. vidual, trustee, partnership, corpora- Persons undergoing medical treat- tion, or business entity and which re- ment may use the therapeutic pools ceives thermal water from Hot Springs only upon presenting a prescription de- National Park. scribing the treatment from a reg- [44 FR 2577, Jan. 12, 1979, as amended at 62 istered physician. Persons with acute FR 30235, June 3, 1997] or infectious diseases or discharges of the body, or who lack complete control § 21.2 Penalties. of their bodily functions, are prohib- Any person convicted of violating ited from using the therapeutic pools. any provision of the regulations con- tained in this part, or as the same may § 21.7 Health examinations. be amended or supplemented, shall be No employee who comes in direct punished by a fine not exceeding $100 personal contact with bathers or pool and shall be adjudged to pay all costs users will be permitted to enter duty of the proceedings. without first undergoing a health ex- § 21.3 Use of thermal water. amination, or remain in such employ- ment without undergoing periodic (a) The use of the thermal waters of health examinations, as required by Hot Springs National Park, for pur- the Superintendent, and being found poses other than those authorized by free from any infectious or commu- the Superintendent, is prohibited. nicable disease. (b) The heating, reheating, or other- wise increasing the temperature of the CROSS REFERENCE: For a list of commu- thermal waters of Hot Springs Na- nicable diseases included in the regulations tional Park is prohibited. of the United States Public Health Service, (c) The introduction of any sub- see 21 CFR 1240.54. stance, chemical, or other material or solution into the thermal waters of Hot § 21.8 Employee certification. Springs National Park, except as may (a) Employees engaged as physical be prescribed by a physician for a bath- therapists must be licensed or certified er or as may be directed by the Super- by a State or territory of the United intendent, is prohibited. States to practice (b) Employees engaged as physical § 21.4 Registration of physicians. therapy aids or physical therapy tech- Physicians desiring to prescribe the nicians will be certified by the Super- thermal waters of Hot Springs Na- intendent upon completion of an tional Park must first be registered at examination. the office of the Superintendent. Any (c) Employees engaged as masseurs physician may make application for or masseuses must be licensed or cer- registration to the Superintendent. To tified by a State or territory of the maintain registered status, reapplica- United States, or be certified by the tion is required triannually. Superintendent upon the completion of § 21.5 Therapeutic bathing require- an examination. ments. (d) Employees engaged as bath at- tendants will be certified by the Super- Baths shall be administered to per- sons having a prescription from a reg- intendent upon completion of an ap- istered physician with prescription in- prenticeship and an examination. structions therein. Baths shall be ad- § 21.9 Solicitation by employees. ministered to person who do not have prescriptions from registered physi- Soliciting by employees for any pur- cians only if the bath is administered pose, including soliciting for gratu- in accordance with the bath directions ities, commonly called ‘‘tips,’’ is pro- prescribed by the Superintendent, the hibited in all bathhouses.
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§ 21.10 Losses. § 25.2 License. A bathhouse receiving deposits of (a) No person shall be permitted to jewelry, money, or other valuables offer his services or to act as a guide from patrons shall provide means for unless licensed for that purpose by the the safekeeping thereof, satisfactory to superintendent. Any person desiring to the Superintendent. It is understood, become a licensed guide shall make ap- however, that the Government assumes plication to the superintendent in writ- no responsibility for such valuables ing for authority to take the examina- kept on the premises. All losses must tion for a license as guide. be reported promptly to the Super- (b) Guides shall be of good character, intendent by the bathhouse manager. in good physical condition, honest, in- telligent, tactful, and of good repute. § 21.11 Redemption of bath tickets. They must be thoroughly familiar with Unused tickets may be redeemed by the history of the events which the the purchaser within one year from the park commemorates and with the loca- date of purchase, according to the re- tion of all memorials. It is their duty demption scale approved by the to escort visitors to the various parts Superintendent. of the park and point out different his- torical features. The story of the § 21.12 Lost bath tickets. guides shall be limited to the historical outlines approved by the super- A patron who loses his ticket may intendent and shall be free from praise continue to receive service, without ad- or censure. ditional charge, for the number of units remaining in the ticket. Records (c) Examinations will be held at of lost tickets, and of service given parks where a licensed guide service is thereunder, shall be maintained as re- authorized, at times to be designated by the Director of the National Park quired by the Superintendent. Lost Service, for the purpose of securing a tickets shall have no redemption value. list of eligibles for such service. The examination will consist of an inves- PART 25—NATIONAL MILITARY tigation of the character, reputation, PARKS; LICENSED GUIDE SERVICE intelligence, and ability of the appli- REGULATIONS cants, and of questions designed to test their knowledge of the history of the Sec. battle, or features of historical inter- 25.1 Scope. est, the markings of the park, the rules 25.2 License. and regulations promulgated for the 25.3 Supervision; suspensions. government of the park, and the regu- 25.4 Schedule of rates. lations governing the guide service. Ex- 25.5 Badges and uniforms. amination questions will be prepared AUTHORITY: Secs. 1–3, 39 Stat. 535, as under the direction of the Director of amended, sec. 1, 47 Stat. 1420, secs. 1, 2, 67 the National Park Service, who will Stat. 495, 496; 16 U.S.C. 1, 1b, 1c, 2, 3, 9a E.O. likewise supervise the marking of ex- 6166, June 10, 1933. amination papers and the rating of ap- plicants. SOURCE: 24 FR 11060, Dec. 30, 1959, unless otherwise noted. (d) The names of applicants who suc- cessfully pass the examination will be § 25.1 Scope. placed on a list of eligibles and selected in accordance with their relative The regulations in this part are made standing. prescribed and published for the regula- tion and maintenance of licensed guide (e) Each person licensed to act as a service at all national military parks full-time guide will be issued a license where such service has been established in the following form: or hereafter may be authorized in the llllllllllll discretion of the Secretary of the Inte- (Place) rior upon the recommendation of the llllllllllll Director of the National Park Service. (Date)
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llllllllllll, having successfully required to subscribe to the following passed the examination prescribed for li- agreement: cense, is hereby licensed to offer his service as a guide to visitors. This license is issued llllllllllll subject to the condition that the licensee (Place) shall comply with all the rules and regula- llllllllllll (Date) tions prescribed for guide service by the Sec- To Superintendent, llllllll National retary of the Interior and with the pre- Military Park. scribed schedule of rates, copies of all of For and in consideration of the issuance to which have been furnished to him. me a license to act as guide, I hereby accept This license will be renewed at the expira- and agree to observe fully the following con- tion of one year from the date of issue, pro- ditions: vided the rules above-mentioned have been 1. To abide by and observe the laws and all fully complied with and services rendered rules and regulations promulgated for the satisfactorily. government of the park and for the regula- Failure to act as a guide for any period ex- tion of guide service. ceeding 30 days between June 1 and August 2. In case of difference of opinion as to the 31 automatically suspends this license. Re- interpretation of any law, rule, or regula- newal under these conditions will only be tion, to accept the decision of the super- made following proper application to and ap- intendent. 3. To accord proper respect to the park proval by the park superintendent. During rangers in their enforcement of the rules and other times of heavy visitation, and espe- regulations. cially on week ends and holidays, any and all 4. To require drivers of all vehicles, while guides are subject to call for duty unless ex- under my conduct, to observe the park rules cused by the park superintendent or his rep- and regulations. resentative. 5. To be watchful to prevent damage to, or llllllllllll destruction of, park property or acts of van- dalism affecting monuments, buildings, Superintendent, fences, or natural features of the park, to re- llllllllllll port any such damage, destruction, or van- National Military Park. dalism which I may observe to the nearest (f) Each person licensed to act as a available ranger without delay, and to fur- nish him with all information in my posses- temporary or part-time guide, during sion tending to identify the offenders and as- periods of heavy visitation, will be sist in their apprehension and punishment. issued a license in the following form: 6. To demand of visitors not more than the authorized fees for guide service and, when llllllllllll employed, to render service to the best of my (Place) ability. llllllllllll 7. To advise visitors who employ me, in ad- (Date) vance, the length of time needed for a trip llllllllllll, having successfully and its cost and, if visitors desire a short- passed the examination prescribed for li- ened tour, to arrange for such service as may cense, is hereby licensed to offer service as a suit their convenience. guide to visitors. This license is issued sub- 8. (a) Not to operate for hire any passenger ject to the condition that the licensee shall vehicle or other vehicle of any kind, while comply with all the rules and regulations pursuing the vocation of guide or wearing a guide’s badge or uniform. prescribed for guide service by the Secretary (b) Not to operate a visitor’s motor vehicle of the Interior, copies of which have been unless I hold a valid motor vehicle operator’s furnished to him. license issued by the State in which the na- This license shall continue in effect for a tional military park is located. period of llll days beginning llll un- (c) Not to charge an extra fee for operating less revoked prior to the expiration of such a visitor’s motor vehicle. period for failure to comply with the condi- 9. In the event my license should be sus- tion set out herein. pended or revoked by the superintendent, to refrain from offering my services or pursuing llllllllllll the vocation of guide, pending appeal to and Superintendent, decision of the Director of the National Park llllllllllll Service. National Military Park. 10. To return the license and official badge without delay to the superintendent should (g) Before being issued a license to my license be revoked or suspended for more act as a guide, each applicant will be than 5 days or upon abandoning the occupa- tion of guide.
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11. While wearing the badge of a guide or may be required to adopt a standard any uniform or part of a uniform indicating uniform, to be procured at their own me to be a guide, I will not act as agent, so- expense. licitor, representative, or runner for any business or enterprise whatever (except in of- fering my services as a guide to visitors), nor PART 27—CAPE COD NATIONAL solicit nor accept from any person, firm, as- SEASHORE; ZONING STANDARDS sociation, or corporation any fee, commis- sion, or gratuity for recommending their Sec. goods, wares, or services. 27.1 General objectives. (Signed) lllllllllllllllllll 27.2 Commercial and industrial activities. (80 Stat. 383; 5 U.S.C. 553) 27.3 Seashore District. 27.4 Variances and exceptions. [24 FR 11060, Dec. 30, 1959, as amended at 30 FR 8222, June 26, 1965] AUTHORITY: Secs. 1, 5, 75 Stat. 284, 290; 16 U.S.C. 459b, 459b–4. § 25.3 Supervision; suspensions. SOURCE: 27 FR 6714, July 14, 1962, unless (a) The guide service will operate otherwise noted. under the direction of the super- intendent or his designated representa- § 27.1 General objectives. tive. Records will be kept of the effi- (a) Consistent with the objectives set ciency of the guides and of all matters out in section 5 of the Act of August 7, pertaining to the service. 1961 (75 Stat. 284), development and (b) Superintendents are authorized to management of the Cape Cod National suspend any guide for violation of the Seashore will be conducted in a manner regulations or for conduct prejudicial which will assure the widest possible to the interests of the Government. A public use, understanding and enjoy- full report of the facts attending each ment of its natural, cultural and sci- suspension will be made to the Director entific features. The regulations in this of the National Park Service. The li- part are designed and promulgated to cense of a guide who has been sus- establish minimum standards which pended indefinitely will not be renewed local zoning bylaws must meet in fur- without the approval of the Director of therance of those purposes. the National Park Service. (b) The standards hereby established for approval of zoning bylaws or § 25.4 Schedule of rates. amendments of zoning bylaws—are in- As the conditions of each park differ tended: (1) To contribute to the effect with respect to the proper charge for of prohibiting the commercial and in- the service rendered to the public, the dustrial use, other than existing com- schedule of rates for observance by the mercial or industrial use not incon- licensed guides at each separate park sistent with the purposes of the Act of will be submitted to the Director of the August 7, 1961 (75 Stat. 284, 291), of all National Park Service for approval. property within the boundaries of the The superintendent will prepare Cape Cod National Seashore and situ- itineraries arranged so as best to ob- ated in the towns of Provincetown, serve the different features of the bat- Truro, Wellfleet, Eastham, Orleans and tlefield and submit them with rec- Chatham; and (2) to promote preserva- ommendations as to schedule of rates tion and development, in accordance to the Director of the National Park with the purposes of the said Act, of Service for approval. the area comprising the seashore, by means of acreage, frontage and setback § 25.5 Badges and uniforms. requirements and other provisions Licensed guides will be furnished which may be required to be included with official badges as evidence of their in zoning bylaws consistent with the authority, which shall remain the laws of Massachusetts. Zoning bylaws property of the Government and be re- or amendments of zoning bylaws appli- turned to the superintendent upon re- cable to the area within Cape Cod Na- linquishment or revocation of the li- tional Seashore, in order that they cense as a guide. Where conditions war- may be approved, shall conform to the rant it and its purchase would not standards herein set forth relating to prove a hardship on the guides, they preservation and development of the
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seashore in accordance with the pur- ence for such dwellings or accessory poses of the said Act. The Secretary structures). shall be given notice of any amend- (2) If through natural phenomena or ments to approved zoning bylaws that causes a lot or lots are so diminished in affect the Seashore District. Nothing size that an owner would be unable to in these standards or in the zoning by- comply with the setback or sideline re- laws adopted pursuant thereto for the quirements herein prescribed, such area within Cape Cod National Sea- owner or the zoning authorities may, shore shall preclude the Secretary of as provided in § 27.4(b), request the Sec- the Interior from fulfilling the respon- retary of the Interior to determine sibilities vested in him by the Act of whether a proposed move, reconstruc- August 7, 1961, or by the Act of August tion, alteration of enlargement of an 25, 1916 (39 Stat. 535), as amended and existing residential dwelling or acces- supplemented. sory structure would subject the prop- (c) Wherever the term ‘‘improved erty to acquisition by condemnation. property’’ is used in this part it shall (d) Zoning bylaws adopted pursuant mean a detached, one-family dwelling, to this regulation shall contain provi- the land on which it is situated, and sions designed to preserve the seashore accessory structures, and as further de- character of the area by appropriate re- fined in section 4(d) of the Act of Au- strictions or prohibitions upon the gust 7, 1961 (75 Stat. 284). burning of cover, cutting of timber, filling of land, removal of soil, loam, § 27.2 Commercial and industrial ac- sand or gravel and dumping, storage, or tivities. piling of refuse and other unsightly ob- jects or other uses which would detract No commercial or industrial districts from the natural or traditional sea- may be established within the Cape shore scene. Cod National Seashore. (e) Zoning bylaws for the Seashore § 27.3 Seashore District. District may permit residential uses of ‘‘improved property’’ and other uses of (a) Description. The Seashore District such dwellings and their accessory shall include all those portions of the structures: Provided, Such other uses towns of Provincetown, Truro, are traditional to these seashore com- Wellfleet, Eastham, Orleans and Chat- munities, are customarily incidental to ham lying within the exterior bound- the principal residential use and do not aries of the Cape Cod National Sea- alter the essential character of the shore. dwelling and premises as a private resi- (b) Zoning bylaws for the Seashore dence. Subject to those conditions such District shall be consistent with the uses may include, but are not limited objectives and purposes of the Act of to: (1) Partial use of dwellings by resi- August 7, 1961, so that—to the extent dents for a professional office (as for possible under Massachusetts law—the the practice of theology, law or medi- scenic, scientific and cultural values of cine), as an artists’ studio, for appro- the area will be protected, undeveloped priate small scale home occupations as areas will be preserved in a natural the making and selling of traditional condition, and the distinctive Cape Cod Cape Cod products produced on the character of existing residential struc- premises, and for the rental of rooms tures will be maintained. and serving of meals by residents of the (c)(1) No moving, alteration, or en- premises to overnight guests; (2) the largement of existing one-family resi- existence of structures, such as a ga- dential dwellings or structures acces- rage, barn or boathouse accessory to sory thereto situated within this Dis- the dwelling; (3) display of a sign which trict shall be permitted if such would may be indirectly but not directly illu- afford less than a 50-foot setback from minated and not to exceed two square all streets measured at a right angle feet in area, referring to the occu- with the street line, and a 25-foot dis- pancy, sale, or rental of the premises; tance from the abutters’ property lines (4) traditional agricultural uses of (or less than such lesser setback or dis- cleared land, but not including such ob- tance requirements already in exist- jectionable uses as a piggery or the
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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, 28.10 Permitted and prohibited uses. the storage and use of fishing equip- 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 Condemnation (a) Zoning bylaws may provide for variances and exceptions. 28.20 Review by the Superintendent. (b) Bylaws adopted pursuant to these 28.21 Suspension of condemnation authority in the communities. standards shall contain provisions 28.22 Condemnation authority of the Sec- which constitute notice to applicants retary. for variances and exceptions that, 28.23 Certificates of suspension of authority under section 5(d) of the Act of August for acquisition by condemnation. 7, 1961, the Secretary of the Interior is 28.24 Information collection. authorized to withdraw the suspension AUTHORITY: 16 U.S.C. 1,3,459e–2. of his authority to acquire, by con- SOURCE: 56 FR 42790, Aug. 29, 1991. demnation, ‘‘improved property’’ that is made the subject of a variance or ex- ception which, in his opinion, fails to Subpart A—General Provisions conform or is in any manner opposed to § 28.1 Purpose. or inconsistent with preservation and development of the seashore as con- (a) The enabling legislation for Fire templated in the said Act. The Sec- Island National Seashore (the Sea- retary may be consulted at any time shore) mandated the Secretary of the by zoning authorities or by the owner Interior (the Secretary) to issue regu- of ‘‘improved property’’ regarding the lations which provide standards for effect of a proposed variance or excep- local zoning in order to protect and tion upon the status of the affected conserve Fire Island. The regulations property with regard to the suspension in this part set forth Federal standards of the Secretary’s authority to con- to which local ordinances for Fire Is- demn. The Secretary, within 60 days of land must conform to enable certain the receipt of a request for such deter- private property within the Seashore mination, or as soon thereafter as is to be exempt from Federal condemna- reasonably possible, shall advise the tion. The standards also apply to use owner or zoning authorities whether or and development of public property. not the intended use will subject the From time to time these standards property to acquisition by condemna- may be reviewed and revised. These tion. standards are intended: (c) The Secretary shall be promptly (1) To promote the protection and de- notified of the granting of any variance velopment of the land within the Sea- or exception. shore, for the purposes of the Fire Is- land National Seashore Act (the Act), by means of size, location, or use limi- PART 28—FIRE ISLAND NATIONAL tations or restrictions on commercial, SEASHORE: ZONING STANDARDS residential, or other structures with the objective of controlling population Subpart A—General Provisions density and protecting the island’s nat- ural resources; Sec. 28.1 Purpose. (2) To limit development and use of 28.2 Definitions. land to single-family homes, to pro- 28.3 Boundaries: The Community Develop- hibit development and use of multiple ment District; The Dune District; The family homes, and to prohibit the con- Seashore District. version of structures to multiple fam- 28.4 Severability. ily homes;
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(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 erty’’ may be retained by its owner as dune protection fences and signs), road, long as it is maintained in accordance retaining wall, grading, artificial fill, with approved local ordinances, and or other structure or material exclud- the Federal standards; ing live vegetation. (7) To provide that, in the Dune Dis- (e) Development means any activity, trict, private undeveloped property, if action, alteration, structure or use otherwise subject to condemnation, which changes undeveloped property may be retained by its owner as long as into developed property. it is maintained in its natural state; (f) Exception to a zoning ordinance and means any development or change in (8) To provide a mechanism for the use of developed property which is not Superintendent to inform landowners authorized by the zoning ordinance or and the zoning authority if a use or de- the variance procedures of the zoning velopment will be inconsistent with authority or, if authorized by the zon- the Federal standards or the purposes ing authority, fails to conform to the of the Act and may subject the prop- ordinance approved by the Secretary or erty to condemnation, subject to avail- to the Federal standards. able funds. (g) Guest house means an accessory (b) The Secretary may utilize any structure on the same lot as the prin- other statutory authority available to cipal building that does not contain the Secretary for the conservation and cooking facilities and is used for the development of natural resources to temporary accommodation of guests of the extent the Secretary finds that a resident living in the principal build- such authority will further the purpose ing. of the Act. (h) Improved property is developed property defined by the Act to mean § 28.2 Definitions. any building, the construction of which (a) Accessory structure means any de- was begun prior to July 1, 1963, to- velopment which is located on the gether with such amount of land on same lot as the principal building or which said building is situated as the use and is customarily incidental and Secretary considers reasonably nec- subordinate to the principal building or essary to the use of said building not, use. Accessory structure may include a however, to exceed 2 acres in the case storage shed, dock, deck, patio, swim- of a residence and 10 acres in the case ming pool, or tennis court but does not of a commercial use. The Secretary include a garbage or bicycle rack and may exclude from such ‘‘improved
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property’’ any beach or waters, as well § 28.3 Boundaries: The Community De- as land adjoining such beach or waters, velopment District; The Dune Dis- which the Secretary deems necessary trict; The Seashore District. for public access thereto. (a) Generally. The boundaries of the (i) Local ordinance means a State, Seashore are described in the Act, as town, or village law applicable to the amended, and are delineated on the of- development or use of real property. ficial boundary maps OGP–OOO2, dated (j) Lot means a parcel of land which June 1964, and amended by OGP–OOO4, meets the minimum acreage and front- dated May 1978. The maps are available age requirements of the zoning author- for inspection at the Seashore head- ity and is occupied or capable of being quarters. There are three districts: The legally occupied by one (1) principal Community Development District, the building or main building, and the ac- Seashore District, and the Dune Dis- cessory structures or uses including trict. such open spaces as are required by (b) The Community Development Dis- these standards, but in no case does a trict. (1) The seventeen communities which comprise the Community Devel- lot include lands below the toe of the opment District are set out below with natural foredune line. their respective west/east boundaries. (k) Non-conforming use means any use or development that, if commenced (i) Lighthouse Shores—Kismet Park after the effective date of these stand- ards, fails to conform to these stand- West Boundary: 100 feet west of the west line ards; or, if commenced prior to October of West Lighthouse Walk. 17, 1984, failed to conform to Federal East Boundary: 80 feet east of the east line of standards in effect at the time of con- Pine Street. struction or fails to conform to these (ii) Seabay Beach standards, whether or not the use or development was first commenced in West Boundary: Approximately 94 feet west compliance with the local ordinance. of the west line of Seabay Walk. (l) Single-family home means a build- East Boundary: Approximately 94 feet east of ing which contains no more than one the east line of Seabay Walk. kitchen or cooking facility. An exte- rior barbecue does not constitute a (iii) Saltaire cooking facility for the purposes of this regulation. West Boundary: 185 feet west of the west line of West Walk. (m) Undeveloped property means prop- East Boundary: 85 feet east of the east line of erty which has not been altered from East Walk. its natural state with the exception of dune protection measures such as snow (iv) Fair Harbor fencing, beach nourishment, dune grass planting, or other approved biological West Boundary: 333 feet west of the west line or ecological sand-enhancing or sta- of Cedar Walk. bilization methods. East Boundary: The east line of Spruce Walk. (n) Zoning authority means the Town of Brookhaven, the Town of Islip, the (v) Dunewood Village of Saltaire, the Village of Ocean Beach and/or any other legally West Boundary: The east line of Spruce incorporated village or political sub- Walk. division hereafter created and the offi- East Boundary: 85 feet east of the east line of cials authorized by local ordinance to East Walk. make rulings and determinations on (vi) Lonelyville zoning in said towns and villages.
[56 FR 42790, Aug. 29, 1991, as amended at 62 West Boundary: 85 feet east of the east line FR 30235, June 3, 1997] of East Walk.
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East Boundary: 100 feet east of the east line East Boundary: Approximately 120 feet east of Raven Walk. of Sail Walk.
(vii) Atlantique (xvi) Water Island
West Boundary: 80 feet west of the west line West Boundary: The west line of Charach of Sea Breeze Walk. Walk. East Boundary: 80 feet east of the east line of East Boundary: Approximately 100 feet east East End Walk. of the east line of East Walk.
(viii) Robbins Rest (xvii) Davis Park
West Boundary: The west line of Compass West Boundary: 90 feet west of the west line Walk. of Eider Duck Walk. East Boundary: 113 feet east of the east line East Boundary: 90 feet east of east line of of Sextant Walk. Whalebone Walk. (ix) Fire Island Summer Club— (2) The northern boundary of the Corneille Estates communities listed in paragraph (b)(1) of this section is the mean high water West Boundary: 100 feet west of west line of line on the south shore of the Great Schooner Walk. South Bay. East Boundary: 100 feet east of east line of Frigate Roadway. (3) The southern boundary of the communities listed in paragraph (b)(1) (x) Ocean Beach of this section is the mean high water line on the south shore of Fire Island. West Boundary: 7 feet west of the west line (c) The Seashore District. The Sea- of Surf Road. shore District is comprised of all por- East Boundary: 2 feet east of the east line of tions of the lands and waters within Surf View Walk. the boundary of the Seashore which are not included in the Community Devel- (xi) Seaview opment District with the exception of the headquarters facilities at West Boundary: East line of Surf View Walk. Patchogue and the William Floyd Es- East Boundary: 200 feet east of Laurel Ave- nue. tate at Mastic. (d) The Dune District. The Dune Dis- (xii) Ocean Bay Park trict extends from the mean high water line to 40 feet landward of the primary West Boundary: 90 feet west of the west line natural high dune crest, as defined on of Superior Street. Fire Island National Seashore Map East Boundary: 100 feet East of the east line #OGP–0004 and on Suffolk County of Cayuga Street. Property Maps, section numbers 491–498 (xiii) Point O’Woods (Islip), 002 (Ocean Beach), 002–004 (Saltaire), and 985.70–987 (Brookhaven), West Boundary: 100 feet east of the east line as mapped in November 1976 or as sub- of Cayuga Street. sequently remapped. Map overlays of East Boundary: Western boundary of Sunken the Dune District are available for in- Forest Preserve. spection in the Office of the Super- intendent of the Seashore. The Dune (xiv) Cherry Grove District overlaps portions of the Com- munity Development District and the West Boundary: The west line of West Walk. Seashore District. East Boundary: Approximately 100 feet east of the east line of Ivy Walk. § 28.4 Severability. (xv) Fire Island Pines The invalidation of any provision of this part 28 by any court of competent West Boundary: Approximately 150 feet west jurisdiction shall not invalidate any of the west line of Sandy Walk. 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 au- thority 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 con- struction, 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 ordi- nances. § 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 com- mercial 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 con- struction, 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 sub- mitted. 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 ‘‘im- proved 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 zon- ing 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 amend- ments, 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 regula- tions 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 sepa- rate 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 require- ments. 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 acquisi- tion 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 pro- hibited 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 author- izing 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 incor- porated 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. throughout the site, with certain spe- (1) 2.1 Preservation of natural, cul- cific exceptions provided for leased tural and archeological resources. 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. (2) 5.2 Alcoholic beverages; sale of (6) 2.10 Camping and food storage. intoxicants. (7) 2.11 Picnicking. (3) 5.3 Business operations. (8) 2.12 Audio disturbances. (4) 5.5 Commercial photography. (9) 2.13 Fires. (5) 5.7 Construction of buildings or (10) 2.14 Sanitation. other facilities. (11) 2.15 (a) (1), (3), (4) and (5); (c); (6) 5.8 Discrimination in employ- (d); (e) and (f) Pets. ment practices. (12) 2.17 Aircraft and air delivery. (7) 5.9 Discrimination in furnishing (13) 2.21 Smoking. public accommodations and transpor- (14) 2.22 Property. tation services. (15) 2.23 Recreation fees. (8) 5.13 Nuisances. (16) 2.30 Misappropriation of prop- (9) 5.14 Prospecting, mining, and erty and services. mineral leasing. (17) 2.31 Trespassing, tampering and vandalism. [51 FR 29103, Aug. 14, 1986, as amended at 52 (18) 2.32 Interfering with agency FR 10686, Apr. 2, 1987] function. (19) 2.33 Report of injury or damage. § 34.6 Fires. (20) 2.34 Disorderly conduct. (a) All wildland, vehicular or struc- (21) 2.35 Alcoholic beverages and tural fires shall be reported to the Su- controlled substances. perintendent immediately. (22) 2.36 (a) Gambling. (b) Nonconflicting provisions of the (23) 2.37 Noncommercial soliciting. California State Forest and Fire Laws (24) 2.38 Explosives. and Regulations are adopted as a part (25) 2.50 Special events. of this part. Violation of any of these (26) 2.51 Public assemblies, meet- regulations is prohibited. ings. (c) The kindling of any open fire, in- (27) 2.52 Sale or distribution of cluding the burning of debris, is prohib- printed matter. ited without a permit from the Super- (28) 2.61 Residing on Federal lands. intendent. (29) 2.62 Memorialization. (d) On undeveloped, untended or oth- (c) Boating and Water Use Activities. erwise open land, operating any equip- (1) 3.1 Applicable regulations. ment powered by an internal combus- (2) 3.3 Permits. tion engine without a spark arrestor (3) 3.4 Accidents. (4) 3.5 Inspections. maintained in effective working order (5) 3.6 (a) and (b) Prohibited oper- is prohibited. Such spark arrestor shall ations. also meet either the USDA Forest (6) 3.21 (a) (1), (2) and (b) Swimming Service Standard 5100–1a or the Society and bathing. of Automotive Engineers Rec- (d) Vehicles and traffic safety. (1) 4.2 ommended Practice J335 or J350. State law applicable. (e) The Superintendent may, during (2) 4.4 Report of motor vehicle acci- periods of high fire danger or dimin- dent. ished water supply, temporarily limit (3) 4.10(a), (c)(1) and (c)(2) Travel on use and consumption of domestic park roads and designated routes. water. These limitations shall be pub- (4) 4.11 Load, weight and size limits. lished. Violation of a limitation estab- (5) 4.12 Traffic control devices. lished by the Superintendent is prohib- (6) 4.14 Open container of alcoholic ited. beverage. (f) An owner or operator of a com- (7) 4.21 Speed limits. mercial establishment located within (8) 4.22 Unsafe operation. the administrative site shall comply (9) 4.23 Operating under the influence with applicable standards prescribed by of alcohol or drugs. the National Fire Codes, Federal (e) Commercial and Private Operations. OSHA, CAL OSHA and other applicable (1) 5.1 Advertisements. laws, regulations and standards.
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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 cus- tody 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 clear- ance 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 rea- sonable 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 or 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 im- provement? 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 termi- nation 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 ac- count’’ 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 Handicrafts. [Reserved] Subpart M—Information Collection Subpart J—Assignment or Encumbrance of Concession Contracts 51.104 Have information collection proce- dures been followed?
51.84 What special terms must I know to un- AUTHORITY: The Act of August 25, 1916, as derstand this part? amended and supplemented, 16 U.S.C. 1 et 51.85 What assignments require the ap- seq., particularly, 16 U.S.C. 3 and Title IV of proval of the Director? the National Parks Omnibus Management 51.86 What encumbrances require the ap- Act of 1998 (Pub. L. 105–391). proval 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- brance? Subpart A—Authority and Purpose 51.88 What happens if an assignment or en- cumbrance is completed without the ap- § 51.1 What does this part cover? proval 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? 51.90 How does the concessioner get the Di- awards and administers concession rector’s approval before making an as- contracts on behalf of the Secretary signment or encumbrance? under the authority of the Act of Au- 51.91 What information may the Director gust 25, 1916, as amended and supple- require in the application? mented, 16 U.S.C. 1 et seq. and Title IV 51.92 What are standard proformas? of the National Parks Omnibus Man- 51.93 If the transaction includes more than agement Act of 1998 (Public Law 105– one concession contract, how must re- 391). The purpose of concession con- quired 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? 51.96 May the Director amend or extend a will utilize concession contracts to au- concession contract for the purpose of fa- thorize the provision of visitor services cilitating a transaction? in park areas, except as may otherwise 51.97 May the Director open to renegoti- be authorized by law. For example, the ation 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 agree- ments 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 keep and what access does the Director dition, the Director may, as part of an 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 fed- eral 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 conces- sion 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 con- cessioner 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 con- cession 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 pro- spectus? 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- out limitation, a reduced application spectus? package, a shorter proposal submission The Director will make the pro- period, and a reduction of proposal in- spectus available upon request to all formation requirements. interested persons. The Director may charge a reasonable fee for a pro- § 51.13 When will the Director deter- mine if proposals are responsive? spectus, not to exceed printing, binding and mailing costs. The Director will determine if pro- posals are responsive or non-responsive § 51.10 How long will I have to submit prior to or as of the date of selection of my proposal? the best proposal. The Director will allow an appro- priate period for submission of pro- § 51.14 What happens if no responsive posals that is not less than 60 days un- proposals are submitted? less the Director determines that a If no responsive proposals are sub- shorter time is appropriate in the cir- mitted, the Director may cancel the so- cumstances of a particular solicitation. licitation, or, after cancellation, estab- Proposals that are not timely sub- lish new contract requirements and mitted will not be considered by the issue a new prospectus. Director. § 51.15 May I clarify, amend or supple- § 51.11 May the Director amend, ex- ment my proposal after it is sub- tend, or cancel a prospectus or so- mitted? licitation? (a) The Director may request from The Director may amend a pro- any offeror who has submitted a timely spectus and/or extend the submission proposal a written clarification of its date prior to the proposal due date. proposal. Clarification refers to mak- The Director may cancel a solicitation ing clear any ambiguities that may at any time prior to award of the con- have been contained in a proposal but cession contract if the Director deter- does not include amendment or sup- mines in his discretion that this action plementation of a proposal. An offeror is appropriate in the public interest. may not amend or supplement a pro- No offeror or other person will obtain posal after the submission date unless compensable or other legal rights as a result of an amended, extended, can- requested by the Director to do so and celed or resolicited solicitation for a the Director provides all offerors that concession contract. submitted proposals a similar oppor- tunity to amend or supplement their § 51.12 Are there any other additional proposals. Permitted amendments procedures that I must follow to must be limited to modifying par- apply for a concession contract? ticular aspects of proposals resulting The Director may specify in a pro- from a general failure of offerors to un- spectus additional solicitation and/or derstand particular requirements of a selection procedures consistent with prospectus or a general failure of the requirements of this part in the in- offerors to submit particular informa- terest of enhancing competition. Such tion required by a prospectus. additional procedures may include, but (b) A proposal may suggest changes are not limited to, issuance of a two- to the terms and conditions of a pro- phased prospectus—a qualifications posed concession contract and still be phase and a proposal phase. The Direc- considered as responsive so long as the tor will incorporate simplified adminis- suggested changes are not conditions trative requirements and procedures in to acceptance of the terms and condi- prospectuses for concession contracts tions of the proposed concession con- that the Director considers are likely tract. The fact that a proposal may to be awarded to a sole proprietorship suggest changes to the proposed con- or are likely to have annual gross re- cession contract does not mean that ceipts of less than $100,000. Such sim- the Director may accept those changes plified requirements and procedures without a resolicitation of the conces- may include, as appropriate and with- 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, or, pursuant to § 51.24(b), the Director must submit § 51.18 When must the Director reject the concession contract to the Com- a proposal? mittee on Resources of the House of The Director must reject any pro- Representatives and the Committee on posal received, regardless of the fran- Energy and Natural Resources of the chise fee offered, if the Director makes Senate. The Director must not award any of the following determinations: any such concession contract until 60 the offeror is not a qualified person as days after the submission. Award of defined in this part; The offeror is not these contracts may not be made with- out the Director’s written approval. likely to provide satisfactory service; The Director may not delegate this ap- the proposal is not a responsive pro- proval except to a Deputy Director or posal as defined in this part; or, the an Associate Director. The Director proposal is not responsive to the objec- may award a concession contract that tives of protecting and preserving the is not subject to these or other special resources of the park area and of pro- award requirements at any time after viding necessary and appropriate serv- selection of the best proposal and exe- ices to the public at reasonable rates. cution of the concession contract by the offeror. § 51.19 Must the Director award the concession contract that is set forth in the prospectus? Subpart D—Non-Competitive Award of Concession Contracts Except for incorporating into the concession contract appropriate ele- § 51.23 May the Director extend an ex- ments of the best proposal, the Direc- isting concession contract without tor must not award a concession con- a public solicitation? tract which materially amends or does Notwithstanding the public solicita- not incorporate the terms and condi- tion requirements of this part, the Di- tions of the concession contract as set rector may award non-competitively forth in the prospectus. an extension or extensions of an exist- ing concession contract to the current § 51.20 Does this part limit the author- concessioner for additional terms not ity of the Director? to exceed three years in the aggregate, Nothing in this part may be con- e.g., the Director may award one exten- strued as limiting the authority of the sion with a three year term, two con- Director at any time to determine secutive extensions, one with a two year term and one with a one year whether to solicit or award a conces- term, or three consecutive extensions sion contract, to cancel a solicitation, with a term of one year each. The Di- or to terminate a concession contract rector may award such extensions only in accordance with its terms. if the Director determines that the ex- tension is necessary to avoid interrup- § 51.21 When must the selected offeror tion of visitor services. Before deter- execute the concession contract? mining to award such a contract exten- The selected offeror must execute the sion, the Director must take all rea- concession contract promptly after se- sonable and appropriate steps to con- lection of the best proposal and within sider alternatives to avoid an interrup- the time established by the Director. If tion of visitor services. Further, the the selected offeror fails to execute the Director must publish notice in the concession contract in this period, the FEDERAL REGISTER of the proposed ex- Director may select another responsive tension at least 30 days in advance of proposal or may cancel the selection the award of the extension (except in and resolicit the concession contract. emergency situations).
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§ 51.24 May the Director award a tem- considered and found infeasible. The porary concession contract without Director must publish a notice of his a public solicitation? intention to award a temporary conces- (a) Notwithstanding the public solici- sion contract to a specified person tation requirements of this part, the under this paragraph and the reasons Director may award non-competitively for the proposed award in the FEDERAL a temporary concession contract or REGISTER at least 60 days before the contracts for consecutive terms not to temporary concession contract is exceed three years in the aggregate, awarded. In addition, the Director e.g., the Director may award one tem- must notify the Committee on Energy porary contract with a three year and Natural Resources of the Senate term, two consecutive temporary con- and the Committee on Resources of the tracts, one with a two year term and House of Representatives of the pro- one with a one year term, or three con- posed award of a temporary concession secutive temporary contracts with a contract under this paragraph at least term of one year each, to any qualified 60 days before the temporary conces- person for the conduct of particular sion contract is awarded. A temporary visitor services in a park area if the Di- concession contract awarded under the rector determines that the award is authority of this paragraph will be con- necessary to avoid interruption of vis- sidered as a contract extension for pur- itor services. Before determining to poses of determining the existence of a award a temporary concession con- preferred offeror under § 51.44. tract, the Director must take all rea- (c) A concessioner holding a tem- sonable and appropriate steps to con- sider alternatives to avoid an interrup- porary concession contract will not be tion of visitor services. Further, the eligible for a right of preference to a Director must publish notice in the qualified concession contract which re- places a temporary contract unless the FEDERAL REGISTER of the proposed temporary concession contract at least concessioner holding the temporary 30 days in advance of its award (except concession contract was determined or in emergency situations). A temporary was eligible to be determined a pre- concession contract may not be ex- ferred offeror under the extended con- tended. A temporary concession con- cession contract that was replaced by tract may not be awarded to continue the temporary concession contract visitor services provided under an ex- under paragraph (b) of this section. tended concession contract except as permitted by paragraph (b) of this sec- § 51.25 Are there any other cir- tion. cumstances in which the Director may award a concession contract (b) Notwithstanding the last sentence without public solicitation? of paragraph (a) of this section, the Di- rector may award a temporary conces- Notwithstanding the public solicita- sion contract for consecutive terms not tion requirements of this part, the Di- to exceed three years in the aggregate rector may award a concession con- to authorize the continuing conduct of tract non-competitively to any quali- visitor services that were conducted fied person if the Director determines under a concession contract that was both that such an award is otherwise in effect as of November 13, 1998, and consistent with the requirements of that either had been extended as of this part and that extraordinary cir- that date or was due to expire by De- cumstances exist under which compel- cember 31, 1998, and was subsequently ling and equitable considerations re- extended. The Director must person- quire the award of the concession con- ally approve the award of a temporary tract to a particular qualified person in concession contract in these cir- the public interest. Indisputable equi- cumstances and may do so only if the table considerations must be the deter- Director determines that the award is minant of such circumstances. The Di- necessary to avoid interruption of vis- rector must publish a notice of his in- itor services and that all reasonable al- tention to award a concession contract ternatives to the award of the tem- to a specified person under these cir- porary concession contract have been cumstances and the reasons for the
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proposed award in the FEDERAL REG- the applicable new concession con- ISTER at least 60 days before the con- tract. cession contract is awarded. In addi- tion, the Director also must notify the § 51.29 How will I know when a pre- Committee on Energy and Natural Re- ferred offeror exists? sources of the Senate and the Com- If the Director has determined that a mittee on Resources of the House of preferred offeror exists for a qualified Representatives at least 60 days before concession contract under this part, the contract is awarded. The Director the Director will identify the preferred must personally approve any such offeror in the applicable prospectus and award and may only do so with the describe the preferred offeror’s right of prior written approval of the Sec- preference. retary. § 51.30 What must a preferred offeror do before it may exercise a right of Subpart E—Right of Preference to preference? a New Concession Contract A preferred offeror must submit a re- sponsive proposal pursuant to the § 51.26 What solicitation, selection and terms of an applicable prospectus for a award procedures apply when a qualified concession contract if the preferred offeror exists? preferred offeror wishes to exercise a The solicitation, selection and award right of preference. procedures described in this part will apply to the solicitation, selection and § 51.31 What happens if a preferred of- award of contracts for which a pre- feror does not submit a responsive proposal? ferred offeror exists, except as modified by this subpart, subpart F and other If a preferred offeror fails to submit a sections of this part related to pre- responsive proposal, the offeror may ferred offerors and/or a right of pref- not exercise a right of preference. The erence. concession contract will be awarded to the offeror submitting the best respon- § 51.27 Who is a preferred offeror and sive proposal. what are a preferred offeror’s rights to the award of a new con- § 51.32 What is the process if the Di- cession contract? rector determines that the best re- sponsive proposal was not sub- (a) A preferred offeror is a conces- mitted by a preferred offeror? sioner that the Director has deter- If the Director determines that a pro- mined is eligible to exercise a right of posal other than the responsive pro- preference to the award of a qualified posal submitted by a preferred offeror new concession contract in accordance is the best proposal submitted for a with this part. qualified concession contract, then the (b) A right of preference is the right Director must advise the preferred of- of a preferred offeror, if it submits a re- feror of the better terms and condi- sponsive proposal for a qualified con- tions of the best proposal and permit cession contract, to match in accord- the preferred offeror to amend its pro- ance with the requirements of this part posal to match them. An amended pro- the terms and conditions of a com- posal must match the better terms and peting proposal that the Director has conditions of the best proposal as de- determined to be the best responsive termined by the Director. If the pre- proposal. ferred offeror duly amends its proposal within the time period allowed by the § 51.28 When will the Director deter- Director, and the Director determines mine whether a concessioner is a that the amended proposal matches the preferred offeror? better terms and conditions of the best Subject to §§ 51.46 and 51.47, the Di- proposal, then the Director must select rector will determine whether a con- the preferred offeror for award of the cessioner is a preferred offeror in ac- contract upon the amended terms and cordance with this part no later than conditions, subject to other applicable the date of issuance of a prospectus for requirements of this part.
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§ 51.33 What if a preferred offeror does (a) The concessioner was a satisfac- not timely amend its proposal to tory concessioner during the term of meet the terms and conditions of its concession contract as determined the best proposal? under this part; If a preferred offeror does not amend (b) The applicable new contract is a its proposal to meet the terms and con- qualified concession contract as deter- ditions of the best proposal within the mined under this part; and time period allowed by the Director, (c) If applicable, the concessioner’s the Director will select for award of previous concession contract was an the contract the offeror that submitted outfitter and guide concession contract the best responsive proposal. as determined under this part. § 51.37 How will the Director deter- § 51.34 What will the Director do if a mine that a new concession con- selected preferred offeror does not tract is a qualified concession con- timely execute the new concession tract? contract? A new concession contract is a quali- If a selected preferred offeror fails to fied concession contract if the Director execute the concession contract in the determines that: time period specified by the Director, (a) The new concession contract pro- the Director either will select for vides for the continuation of the vis- award of the concession contract the itor services authorized under a pre- offeror that submitted the best respon- vious concession contract. The visitor sive proposal, or will cancel the solici- services to be continued under the new tation and may resolicit the concession contract may be expanded or dimin- contract but only without recognition ished in scope but, for purposes of a of a preferred offeror or right of pref- qualified concession contract, may not erence. materially differ in nature and type from those authorized under the pre- § 51.35 What happens to a right of vious concession contract; and either preference if the Director receives (b) The new concession contract that no responsive proposals? is to replace the previous concession If the Director receives no responsive contract is estimated to result in, as proposals, including a responsive pro- determined by the Director, annual posal from a preferred offeror, in re- gross receipts of less than $500,000 in sponse to a prospectus for a qualified the first 12 months of its term; or concession contract for which a pre- (c) The new concession contract is an ferred offeror exists, the Director must outfitter and guide concession contract cancel the solicitation and may re- as described in this part. solicit the concession contract or take § 51.38 How will the Director deter- other appropriate action in accordance mine that a concession contract is with this part. No right of preference an outfitter and guide concession will apply to a concession contract re- contract? solicited under this section unless the The Director will determine that a contract is resolicited upon terms and concession contract is an outfitter and conditions materially more favorable guide concession contract if the Direc- to offerors than those contained in the tor determines that: original contract. (a) The concession contract solely authorizes or requires (except for park Subpart F—Determining a area access purposes) the conduct of Preferred Offeror specialized outdoor recreation guide services in the backcountry of a park § 51.36 What conditions must be met area; and before the Director determines that (b) The conduct of operations under a concessioner is a preferred offer- the concession contract requires em- or? ployment of specially trained and expe- A concessioner is a preferred offeror rienced guides to accompany park visi- if the Director determines that the fol- tors who otherwise may not have the lowing conditions are met: skills and equipment to engage in the
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activity and to provide a safe and en- § 51.42 Are there exceptions to this joyable experience for these visitors. compensable interest prohibition?
§ 51.39 What are some examples of out- Two exceptions to this compensable fitter and guide concession con- interest prohibition exist: tracts? (a) The prohibition will not apply to Outfitter and guide concession con- real property improvements lawfully tracts may include, but are not limited constructed by a concessioner with the to, concession contracts which solely written approval of the Director in ac- authorize or require the guided conduct cordance with the express terms of a of river running, hunting (where other- 1965 Act concession contract; and wise lawful in a park area), fishing, (b) The prohibition will not apply to horseback, camping, and mountain- real property improvements con- eering activities in the backcountry of structed and owned in fee simple by a a park area. concessioner or owned in fee simple by a concessioner’s predecessor before the § 51.40 What are some factors to be land on which they were constructed considered in determining that out- was included within the boundaries of fitter and guide operations are con- ducted in the backcountry? the applicable park area. Determinations as to whether out- § 51.43 Who will make the determina- fitter and guide operations are con- tion that a concession contract is ducted in the backcountry of a park an outfitter and guide contract? area will be made on a park-by-park Only a Deputy Director or an Asso- basis, taking into account the park ciate Director will make the deter- area’s particular geographic cir- cumstances. Factors that generally mination that a concession contract is may indicate that outfitter and guide or is not an outfitter and guide con- operations are conducted in the tract. backcountry of a park area include, without limitation, the fact that: § 51.44 How will the Director deter- mine if a concessioner was satisfac- (a) The operations occur in areas re- tory for purposes of a right of pref- mote from roads and developed areas; erence? (b) The operations are conducted within a designated natural area of a To be a satisfactory concessioner for park area; the purposes of a right of preference, (c) The operations occur in areas the Director must determine that the where search and rescue support is not concessioner operated satisfactorily on readily available; and an overall basis during the term of its (d) All or a substantial portion of the applicable concession contract, includ- operations occur in designated or pro- ing extensions of the contract. The Di- posed wilderness areas. rector will base this determination in consideration of annual evaluations [65 FR 20668, Apr. 17, 2000; 65 FR 54155, Sept. made by the Director of the conces- 7, 2000] sioner’s performance under the terms § 51.41 If the concession contract of the applicable concession contract grants a compensable interest in and other relevant facts and cir- real property improvements, will cumstances. The Director must deter- the Director find that the conces- mine that a concessioner did not oper- sion contract is an outfitter and ate satisfactorily on an overall basis guide concession contract? during the term of a concession con- The Director will find that a conces- tract if the annual evaluations of the sion contract is not an outfitter and concessioner made subsequent to May guide contract if the contract grants 17, 2000 are less than satisfactory for any compensable interest in real prop- any two or more years of operation erty improvements on lands owned by under the concession contract. the United States within a park area.
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§ 51.45 Will a concessioner that has op- sioner receives a second less than satis- erated for less than the entire term factory annual evaluation (including, of a concession contract be consid- without limitation, one based on a ered a satisfactory operator? shortened operations period), the pro- The Director will determine that a spectus must be amended to delete a concessioner has operated satisfac- right of preference or canceled and re- torily on an overall basis during the issued without recognition of a right of term of a concession contract only if preference to the new concession con- the concessioner (including a new con- tract. cessioner resulting from an assignment as described in this part, including, [65 FR 20668, Apr. 17, 2000; 65 FR 54155, Sept. without limit, an assignment of a con- 7, 2000] trolling interest in a concessioner as § 51.47 How does a person appeal a de- defined in this part) has or will have cision of the Director that a conces- operated for more than two years sioner is or is not a preferred offer- under a concession contract with a or? term of more than five years or for one year under a concession contract with (a) Except as stated in paragraph (b) a term of five years or less. For pur- of this section, any person may appeal poses of this section, a new conces- to the Director a determination that a sioner’s first day of operation under an concessioner is or is not a preferred of- assigned concession contract (or as a feror for the purposes of a right of pref- new concessioner after approval of an erence in renewal, including, without assignment of a controlling interest in limitation, whether the applicable new a concessioner) will be the day the Di- concession contract is or is not a quali- rector approves the assignment pursu- fied concession contract as described in ant to this part. If the Director deter- this part. This appeal must specify the mines that an assignment was com- grounds for the appeal and be received pelled by circumstances beyond the by the Director in writing no later control of the assigning concessioner, than 30 days after the date of the deter- the Director may make an exception to mination. If applicable, the Director the requirements of this section. may extend the submission date for an appeal under this section upon request § 51.46 May the Director determine by the concessioner if the Director de- that a concessioner has not oper- termines that good cause for an exten- ated satisfactorily after a pro- spectus is issued? sion exists. (b) The appeal provided by this sec- The Director may determine that a tion will not apply to determinations concessioner has not operated satisfac- that a concessioner is not a preferred torily on an overall basis during the offeror as a consequence of two or more term of a current concession contract, and therefore is not a preferred offeror, less than satisfactory annual evalua- after a prospectus for a new contract tions as described in this part as the has been issued and prior to the selec- concessioner is given an opportunity to tion of the best proposal submitted in appeal those evaluations after they are response to a prospectus. In cir- made in accordance with applicable ad- cumstances where the usual time of an ministrative guidelines. annual evaluation of a concessioner’s (c) The Director must consider an ap- performance may not occur until after peal under this section personally or the selection of the best proposal sub- must authorize a Deputy Director or mitted in response to a prospectus, the Associate Director to consider the ap- Director will make an annual perform- peal. The deciding official must pre- ance evaluation based on a shortened pare a written decision on the appeal, operations period prior to the selection taking into account the content of the of the best proposal. Such shorter oper- appeal, other written information ations period, however, must encom- available, and the requirements of this pass at least 6 months of operations part. The written decision on the ap- from the previous annual performance peal must be issued by the date of se- evaluation. In the event the conces- lection of the best proposal submitted
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in response to a prospectus. If the ap- preference or any other form of entitle- peal results in a concessioner being de- ment of any nature to a new concession termined a preferred offeror, then the contract, except in accordance with concessioner will have a right of pref- this part or in accordance with 36 CFR erence to the qualified concession con- part 13. tract as described in and subject to the conditions of this part, including, but § 51.50 Does the existence of a pre- not limited to, the obligation to sub- ferred offeror limit the authority of mit a responsive proposal pursuant to the Director to establish the terms the terms of the related prospectus. If of a concession contract? the appeal results in a determination The existence of a preferred offeror that a concessioner is not a preferred does not limit the authority of the Di- offeror, no right of preference will rector to establish, in accordance with apply to the award of the related con- this part, the terms and conditions of a cession contract and the award will be new concession contract, including, but made in accordance with the require- not limited to, terms and conditions ments of this part. that modify the terms and conditions (d) No person will be considered as of a prior concession contract. having exhausted administrative rem- edies with respect to a determination by the Director that a concessioner is Subpart G—Leasehold Surrender or is not a preferred offeror until the Interest Director issues a written decision in re- sponse to an appeal submitted pursu- § 51.51 What special terms must I ant to this section, or, where applica- know to understand leasehold sur- render interest? ble, pursuant to an appeal provided by the administrative guidelines described To understand leasehold surrender in paragraph (b) of this section. The de- interest, you must refer to these defini- cision of the Director is final agency tions, applicable in the singular or the action. plural, whenever these terms are used in this part: § 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 unsatisfactory performance or arbitration proceedings conducted other breach? under the authority of this subpart or Nothing in this part will limit the subpart H of this part will utilize the right of the Director to terminate a following procedures unless otherwise concession contract pursuant to its agreed by the concessioner and the Di- terms at any time for less than satis- rector. One member of the arbitration factory performance or otherwise. If a panel will be selected by the conces- concession contract is terminated for sioner, one member will be selected by less than satisfactory performance or the Director, and the third (neutral) other breach, the terminated conces- member will be selected by the two sioner, even if otherwise qualified, will party-appointed members. The neutral not be eligible to be a preferred offeror. arbiter must be a licensed real estate 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 op- portunity 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
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the panel and will be binding on the of (if capitalized in accordance with concessioner and the Director. GAAP and in amounts no higher than A capital improvement is a structure, those prevailing in the locality of the fixture, or non-removable equipment project): building permits; materials, provided by a concessioner pursuant to products and equipment used in con- the terms of a concession contract and struction; labor used in construction; located on lands of the United States security during construction; contrac- within a park area. A capital improve- tor’s shack and temporary fencing; ma- ment does not include any interest in terial storage facilities; power line in- land. Additionally, a capital improve- stallation and utility costs during con- ment does not include any interest in struction; performance bonds; and con- personal property of any kind includ- tractor’s (and subcontractor’s) profit ing, but not limited to, vehicles, boats, and overhead (including job super- barges, trailers, or other objects, re- gardless of size, unless an item of per- vision, worker’s compensation insur- sonal property becomes a fixture as de- ance and fire, liability, and unemploy- fined in this part. Concession contracts ment insurance). may further describe, consistent with Eligible indirect costs means, except as the limitations of this part and the 1998 provided in the last sentence of this Act, the nature and type of specific definition, the sum of all other in- capital improvements in which a con- curred capitalized costs (in amounts no cessioner may obtain a leasehold sur- higher than those prevailing in the lo- render interest. cality of the project) necessary for the Construction cost of a capital improve- construction of a capital improvement. ment means the total of the incurred Eligible indirect costs may include, eligible direct and indirect costs nec- without limitation, the costs of (if cap- essary for constructing or installing italized in accordance with GAAP and the capital improvement that are cap- in amounts no higher than those pre- italized by the concessioner in accord- vailing in the locality of the project): ance with Generally Accepted Account- architectural and engineering fees for ing Principals (GAAP). The term ‘‘con- plans, plan checks; surveys to establish struct’’ or ‘‘construction’’ as used in building lines and grades; environ- this part also means ‘‘install’’ or ‘‘in- mental studies; if the project is fi- stallation’’ of fixtures where applica- nanced, the points, fees or service ble. charges and interest on construction Consumer Price Index means the na- loans; all risk insurance expenses and tional ‘‘Consumer Price Index—All Urban Consumers’’ published by the ad valorem taxes during construction. Department of Labor. If this index The actual capitalized administrative ceases to be published, the Director expenses (in amounts no higher than will designate another regularly pub- those prevailing in the locality of the lished cost-of-living index approxi- project) of the concessioner for direct, mating the national Consumer Price on-site construction inspection are eli- Index. gible indirect costs. Other administra- Depreciation means the loss of value tive expenses of the concessioner are in a capital improvement as evidenced not eligible indirect costs. by the condition and prospective serv- Fixtures and non-removable equipment iceability of the capital improvement are manufactured items of personal in comparison with a new unit of like property of independent form and util- kind. ity necessary for the basic functioning Eligible direct costs means the sum of of a structure that are affixed to and all incurred capitalized costs (in considered to be part of the structure amounts no higher than those pre- such that title is with the Director as vailing in the locality of the project), real property once installed. Fixtures that are necessary both for the con- and non-removable equipment do not struction of a capital improvement and include building materials (e.g., wall- are typically elements of a construc- board, flooring, concrete, cinder tion contract. Eligible direct costs may blocks, steel beams, studs, window include, without limitation, the costs
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frames, windows, rafters, roofing, fram- improvement to the date of payment of ing, siding, lumber, insulation, wall- the leasehold surrender interest value; paper, paint, etc.). Because of their spe- (3) Less depreciation of the related cial circumstances, floating docks (but capital improvement on the basis of its not other types of floating property) condition as of the date of termination constructed by a concessioner pursuant or expiration of the applicable lease- to the terms of a leasehold surrender hold surrender interest concession con- interest concession contract are con- tract, or, if applicable, the date on sidered to be non-removable equipment which a concessioner ceases to utilize a for leasehold surrender interest pur- related capital improvement (e.g., poses only. Except as otherwise indi- where the related capital improvement cated in this part, the term ‘‘fixture’’ is taken out of service by the Director as used in this part includes the term pursuant to the terms of a concession ‘‘non-removable equipment.’’ contract). Leasehold surrender interest solely Major rehabilitation means a planned, means a right to payment in accord- comprehensive rehabilitation of an ex- ance with this part for related capital isting structure that: improvements that a concessioner (1) The Director approves in advance makes or provides within a park area and determines is completed within 18 on lands owned by the United States months from start of the rehabilitation pursuant to this part and under the work (unless a longer period of time is terms and conditions of an applicable approved by the Director in special cir- concession contract. The existence of a cumstances); and leasehold surrender interest does not give the concessioner, or any other per- (2) The construction cost of which ex- son, any right to conduct business in a ceeds fifty percent of the pre-rehabili- park area, to utilize the related capital tation value of the structure. improvements, or to prevent the Direc- Pre-rehabilitation value of an existing tor or another person from utilizing structure means the replacement cost the related capital improvements. The of the structure less depreciation. 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, (2) Adjusted by (increased or de- paved parking areas) that are perma- creased) the same percentage increase nently affixed to the land so as to be or decrease as the percentage increase part of the real estate and that are in or decrease in the Consumer Price direct support of the use of a building, Index from the date the Director ap- dock, or similar edifice. Landscaping proves the substantial completion of that is integral to the construction of the construction of the related capital a structure is considered as part of a
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structure. Interior furnishings that are (The approval requirements of this and not fixtures are not part of a structure. other sections of this part also apply to Substantial completion of a capital im- any change orders to a capital im- provement means the condition of a cap- provement project and to any additions ital improvement construction project to a structure or replacement of fix- when the project is substantially com- tures as described in this part.) plete and ready for use and/or occu- pancy. § 51.55 What must a concessioner do after substantial completion of the § 51.52 How do I obtain a leasehold capital improvement? surrender interest? Upon substantial completion of the Leasehold surrender interest conces- construction of a capital improvement sion contracts will contain appropriate in which the concessioner is to obtain leasehold surrender interest terms and a leasehold surrender interest, the con- conditions consistent with this part. A cessioner must provide the Director a concessioner will obtain leasehold sur- detailed construction report. The con- render interest in capital improve- struction report must be supported by ments constructed in accordance with actual invoices of the capital improve- this part and the leasehold surrender ment’s construction cost together interest terms and conditions of an ap- with, if requested by the Director, a plicable leasehold surrender interest written certification from a certified concession contract. public accountant. The construction report must document, and any re- § 51.53 When may the Director author- ize the construction of a capital im- quested certification by the certified provement? public accountant must certify, that all components of the construction The Director may only authorize or cost were incurred and capitalized by require a concessioner to construct the concessioner in accordance with capital improvements on park lands in accordance with this part and under GAAP, and that all components are eli- the terms and conditions of a leasehold gible direct or indirect construction surrender interest concession contract costs as defined in this part. Invoices for the conduct by the concessioner of for additional construction costs of ele- visitor services, including, without ments of the project that were not limitation, the construction of capital completed as of the date of substantial improvements necessary for the con- completion may subsequently be sub- duct of visitor services. mitted to the Director for inclusion in the project’s construction cost. § 51.54 What must a concessioner do before beginning to construct a cap- § 51.56 How will the construction cost ital improvement? for purposes of leasehold surrender interest value be determined? Before beginning to construct any capital improvement, the concessioner After receiving the detailed construc- must obtain written approval from the tion report (and certification, if re- Director in accordance with the terms quested), from the concessioner, the of its leasehold surrender interest con- Director will review the report, certifi- cession 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 construction cost necessary to permit the Director to de- for purposes of the leasehold surrender termine that they are elements of con- interest value in the related capital struction cost as defined in this part. improvement unless the Concessioner
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requests arbitration of the construc- stitute the payment of just compensa- tion cost under § 51.57. The Director tion for leasehold surrender interest may at any time amend a construction within the meaning of this part and for cost determination (subject to arbitra- all other purposes. tion under § 51.57) if the Director deter- mines that it was based on false, mis- § 51.60 How will a new concession con- leading or incomplete information. tract awarded to an existing con- cessioner treat a leasehold sur- § 51.57 How does a concessioner re- render interest obtained under a quest arbitration of the construc- prior concession contract? tion cost of a capital improvement? When a concessioner under a lease- If a concessioner requests arbitration hold surrender interest concession con- of the construction cost of a capital tract is awarded a new concession con- improvement determined by the Direc- tract by the Director, and the new con- tor, the request must be made in writ- cession contract continues a leasehold ing to the Director within 3 months of surrender interest in related capital the date of the Director’s determina- improvements, then the concessioner’s tion of construction cost under § 51.56. leasehold surrender interest value (es- If a timely request is not made, the Di- tablished as of the date of expiration or rector’s determination of construction termination of its prior concession con- cost under § 51.56 shall be the final de- tract) in the related capital improve- termination of the construction cost. ments will be continued as the initial The arbitration procedures are de- value (instead of initial construction scribed in § 51.51. The decision of the ar- cost) of the concessioner’s leasehold bitration panel as to the construction surrender interest under the terms of cost of the capital improvement will be the new concession contract. No com- binding on the concessioner and the Di- pensation will be due the concessioner rector. for its leasehold surrender interest or otherwise in these circumstances ex- § 51.58 What actions may or must the cept as provided by this part. concessioner take with respect to a leasehold surrender interest? § 51.61 How is an existing concessioner who is not awarded a new conces- The concessioner: sion contract paid for a leasehold (a) May encumber a leasehold sur- surrender interest? render interest in accordance with this (a) When a concessioner is not award- part, but only for the purposes speci- ed a new concession contract after ex- fied in this part; piration or termination of a leasehold (b) Where applicable, must transfer surrender interest concession contract, in accordance with this part its lease- or, the concessioner, prior to such ter- hold surrender interest in connection mination or expiration, ceases to uti- with any assignment, termination or lize under the terms of a concession expiration of the concession contract; contract capital improvements in and which the concessioner has a leasehold (c) May relinquish or waive a lease- surrender interest, the concessioner hold surrender interest. will be entitled to be paid its leasehold § 51.59 Will a leasehold surrender in- surrender interest value in the related terest be extinguished by expira- capital improvements. The leasehold tion or termination of a leasehold surrender interest will not be trans- surrender interest concession con- ferred until payment of the leasehold tract or may it be taken for public surrender interest value. The date for use? payment of the leasehold surrender in- A leasehold surrender interest may terest value, except in special cir- not be extinguished by the expiration cumstances beyond the Director’s con- or termination of a concession contract trol, will be the date of expiration or and a leasehold surrender interest may termination of the leasehold surrender not be taken for public use except on interest contract, or the date the con- payment of just compensation. Pay- cessioner ceases to utilize related cap- ment of leasehold surrender interest ital improvements under the terms of a value pursuant to this part will con- concession contract. Depreciation of
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the related capital improvements will dures are described in Section 51.51. A be established as of the date of expira- prior decision as to the construction tion or termination of the concession cost of capital improvements made by contract, or, if applicable, the date the the Director or by an arbitration panel concessioner ceases to utilize the cap- in accordance with this part are final ital improvements under the terms of a and not subject to further arbitration. concession contract. (b) In the event that extraordinary § 51.63 When a new concessioner pays circumstances beyond the control of a prior concessioner for a leasehold the Director prevent the Director from surrender interest, what is the making the leasehold surrender inter- leasehold surrender interest in the est value payment as of the date of ex- related capital improvements for piration or termination of the lease- purposes of a new concession con- hold surrender interest concession con- tract? tract, or, as of the date a concessioner A new leasehold surrender interest ceases to utilize related capital im- concession contract awarded to a new provements under the terms of a con- concessioner will require the new con- cession contract, the payment when cessioner to pay the prior concessioner made will include interest on the its leasehold surrender interest value amount that was due on the date of ex- in existing capital improvements as de- piration or termination of the conces- termined under § 51.62. The new conces- sion contract or cessation of use for sioner upon payment will have a lease- the period after the payment was due hold surrender interest in the related until payment is made (in addition to the inclusion of a continuing Consumer capital improvements on a unit-by-unit Price Index adjustment until the date basis under the terms of the new lease- payment is made). The rate of interest hold surrender interest contract. In- will be the applicable rate of interest stead of initial construction cost, the established by law for overdue obliga- initial value of such leasehold sur- tions of the United States. The pay- render interest will be the leasehold ment for a leasehold surrender interest surrender interest value that the new value will be made within one year concessioner was required to pay the after the expiration or termination of prior concessioner. the concession contract or the ces- sation of use of related capital im- § 51.64 May the concessioner gain ad- provements under the terms of a con- ditional leasehold surrender inter- cession contract. est by undertaking a major reha- bilitation or adding to a structure § 51.62 What is the process to deter- in which the concessioner has a mine the leasehold surrender inter- leasehold surrender interest? est value when the concessioner A concessioner that, with the written does not seek or is not awarded a new concession contract? approval of the Director, undertakes a major rehabilitation or adds a new Leasehold surrender interest conces- structure (e.g., a new wing to an exist- sion contracts must contain provisions ing building or an extension of an ex- under which the Director and the con- isting sidewalk) to an existing struc- cessioner will seek to agree in advance ture in which the concessioner has a of the expiration or other termination of the concession contract as to what leasehold surrender interest, will in- the concessioner’s leasehold surrender crease its leasehold surrender interest interest value will be on a unit-by-unit in the related structure, effective as of basis as of the date of expiration or ter- the date of substantial completion of mination of the concession contract. In the major rehabilitation or new struc- the event that agreement cannot be ture, by the construction cost of the reached, the provisions of the leasehold major rehabilitation or new structure. surrender interest concession contract The Consumer Price Index adjustment must provide for arbitration as to the for leasehold surrender interest value leasehold surrender interest values purposes will apply to the construction upon request of the Director or the cost as of the date of substantial com- concessioner. The arbitration proce- pletion of the major rehabilitation or
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new structure. Approvals for major re- § 51.67 Will a concessioner obtain habilitations and additions to struc- leasehold surrender interest as a tures are subject to the same require- result of repair and maintenance of ments and conditions applicable to new real property improvements? construction as described in this part. A concessioner will not obtain initial or increased leasehold surrender inter- § 51.65 May the concessioner gain ad- est as a result of repair and mainte- ditional leasehold surrender inter- nance of real property improvements est by replacing a fixture in which unless a repair and maintenance the concessioner has a leasehold project is a major rehabilitation. surrender interest? A concessioner that replaces an ex- Subpart H—Possessory Interest isting fixture in which the concessioner has a leasehold surrender interest with § 51.68 If a concessioner under a 1965 a new fixture will increase its lease- Act concession contract is not hold surrender interest by the amount awarded a new concession contract, of the construction cost of the replace- how will a concessioner that has a ment fixture less the construction cost possessory interest receive com- of the replaced fixture. pensation for its possessory inter- est? § 51.66 Under what conditions will a A concessioner that has possessory concessioner obtain a leasehold sur- interest in real property improvements render interest in existing real pursuant to the terms of a 1965 Act property improvements in which no concession contract, will, if the prior leasehold surrender interest exists? concessioner does not seek or is not (a) A concession contract may re- awarded a new concession contract quire the concessioner to replace fix- upon expiration or other termination tures in real property improvements in of its 1965 Act concession contract, be which there is no leasehold surrender entitled to receive compensation for its interest (e.g., fixtures attached to an possessory interest in the amount and existing government facility assigned manner described by the possessory in- by the Director to the concessioner). A terest concession contract. The conces- leasehold surrender interest will be ob- sioner shall also be entitled to receive tained by the concessioner in such fix- all other compensation, including any tures subject to the approval and deter- compensation for property in which mination of construction cost and there is no possessory interest, to the other conditions contained in this part. extent and in the manner that the (b) A concession contract may re- possessory interest contract may pro- quire the concessioner to undertake a vide. major rehabilitation of a structure in § 51.69 What happens if there is a dis- which there is no leasehold surrender pute between the new concessioner interest (e.g., a government-con- and a prior concessioner as to the structed facility assigned to the con- value of the prior concessioner’s cessioner). Upon substantial comple- possessory interest? tion of the major rehabilitation, the In case of a dispute between a new concessioner will obtain a leasehold concessioner and a prior concessioner surrender interest in the structure. as to the value of the prior conces- The initial construction cost of this sioner’s possessory interest, the dis- leasehold surrender interest will be the pute will be resolved under the proce- construction cost of the major rehabili- dures contained in the possessory in- tation. Depreciation for purposes of terest concession contract. A new con- leasehold surrender interest value will cessioner will not agree on the value of apply only to the rehabilitated compo- a prior concessioner’s possessory inter- nents of the related structure. est without the prior written approval
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of the Director unless the value is de- allocation of the leasehold surrender termined through the binding deter- interest value on a unit by unit basis. mination process required by the possessory interest concession con- § 51.71 What is the process to be fol- tract. The Director’s written approval lowed if there is a dispute between is to ensure that the value is con- the prior concessioner and the Di- sistent with the terms and conditions rector as to the value of possessory of the possessory interest concession interest? contract. If a new concessioner and a Unless other procedures are agreed to prior concessioner engage in a binding by the concessioner and the Director, process to resolve a dispute as to the in the event that a concessioner under value of the prior concessioner’s a possessory interest concession con- possessory interest, the new conces- tract is awarded a new concession con- sioner must allow the Director to as- tract and there is a dispute between sist the new concessioner in the dis- the concessioner and the Director as to pute process to the extent requested by the value of such possessory interest, the Director. Nothing in this section or, a dispute as to the allocation of an may be construed as limiting the established overall possessory interest rights of the prior concessioner to be value on a unit by unit basis, the value paid for its possessory interest or other property by a new concessioner in ac- and/or allocation will be established by cordance with the terms of its conces- arbitration in accordance with the sion contract. terms and conditions of this part. The arbitration procedures are described in § 51.70 If a concessioner under a 1965 § 51.51. Act concession contract is awarded a new concession contract, what § 51.72 If a new concessioner is award- happens to the concessioner’s ed the contract, what is the rela- possessory interest? tionship between leasehold sur- In the event a concessioner under a render interest and possessory in- 1965 Act concession contract is awarded terest? a new concession contract replacing a If a new concessioner is awarded a possessory interest concession con- leasehold surrender interest concession tract, the concessioner will obtain a contract and is required to pay a prior leasehold surrender interest in its ex- concessioner for possessory interest in isting possessory interest real property real property improvements, the new improvements under the terms of the concessioner will have a leasehold sur- new concession contract. The conces- render interest in the real property im- sioner will carry over as the initial provements under the terms of its new value of such leasehold surrender inter- concession contract. The initial value est (instead of initial construction of the leasehold surrender interest (in- cost) an amount equal to the value of stead of initial construction cost) will its possessory interest in real property be the value of the possessory interest improvements as of the expiration or as of the expiration or other termi- other termination of its possessory in- nation of the 1965 Act possessory inter- terest contract. This leasehold sur- render interest will apply to the con- est concession contract. This leasehold cessioner’s possessory interest in real surrender interest will apply even if property improvements even if the real the related possessory interest real property improvements are not capital property improvements are not capital improvements as defined in this part. improvements as defined in this part. In the event that the concessioner had In the event a new concessioner ob- a possessory interest in only a portion tains a leasehold surrender interest in of a structure, depreciation for pur- only a portion of a structure as a result poses of leasehold surrender interest of the acquisition of a possessory inter- value under the new concession con- est from a prior concessioner, deprecia- tract will apply only to the portion of tion for purposes of leasehold surrender the structure to which the possessory interest value will apply only to the interest applied. The concessioner and portion of the structure to which the the Director will seek to agree on an possessory interest applied.
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Subpart I—Concession Contract § 51.76 May the Director include in a Provisions concession contract or otherwise grant a concessioner a preferential § 51.73 What is the term of a conces- right to provide new or additional sion contract? visitor services? A concession contract will generally The Director may not include a pro- be awarded for a term of 10 years or vision in a concession contract or oth- less unless the Director determines erwise grant a concessioner a pref- that the contract terms and condi- erential right to provide new or addi- tions, including the required construc- tional visitor services under the terms tion of capital improvements, warrant of a concession contract or otherwise. a longer term. It is the policy of the For the purpose of this section, a ‘‘pref- Director under these requirements that erential right to new or additional the term of concession contracts services’’ means a right of a conces- should be as short as is prudent, taking sioner to a preference (in the nature of into account the financial require- a right of first refusal or otherwise) to ments of the concession contract, re- provide new or additional visitor serv- source protection and visitor needs, ices in a park area beyond those al- and other factors the Director may ready provided by the concessioner deem appropriate. In no event will a under the terms of a concession con- concession contract have a term of tract. A concession contract may be more than 20 years (unless extended in amended to authorize the concessioner accordance with this part). to provide minor additional visitor services that are a reasonable exten- § 51.74 When may a concession con- tract be terminated by the Direc- sion of the existing services. A conces- tor? sioner that is allocated park area en- trance, user days or similar resource Concession contracts will contain ap- use allocations for the purposes of a propriate provisions for suspension of concession contract will not obtain any operations under a concession contract and for termination of a concession contractual or other rights to continu- contract by the Director for default, ation of a particular allocation level including, without limitation, unsatis- pursuant to the terms of a concession factory performance, or termination contract or otherwise. Such allocations when necessary to achieve the purposes will be made, withdrawn and/or ad- of the 1998 Act. The purposes of the 1998 justed by the Director from time to Act include, but are not limited to, time in furtherance of the purposes of protecting, conserving, and preserving this part. park area resources and providing nec- essary and appropriate visitor services § 51.77 Will a concession contract pro- in park areas. vide a concessioner an exclusive right to provide visitor services? § 51.75 May the Director segment or Concession contracts will not provide split concession contracts? in any manner an exclusive right to The Director may not segment or provide all or certain types of visitor otherwise split visitor services author- services in a park area. The Director ized or required under a single conces- may limit the number of concession sion contract into separate concession contracts to be awarded for the con- contracts if the purpose of such action duct of visitor services in a particular is to establish a concession contract park area in furtherance of the pur- with anticipated annual gross receipts poses described in this part. of less than $500,000.
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§ 51.78 Will a concession contract re- concession contract. A concessioner quire a franchise fee and will the will have no right to require the par- franchise fee be subject to adjust- tial waiver of a franchise fee under this ment? authority or under any related admin- (a) Concession contracts will provide istrative guidelines. for payment to the government of a franchise fee or other monetary consid- § 51.80 How will the Director establish franchise fees for multiple outfitter eration as determined by the Director and guide concession contracts in upon consideration of the probable the same park area? value to the concessioner of the privi- If the Director awards more than one leges granted by the contract involved. outfitter and guide concession contract This probable value will be based upon that authorizes or requires the conces- a reasonable opportunity for net profit sioners to provide the same or similar in relation to capital invested and the visitor services at the same approxi- obligations of the contract. Consider- mate location or utilizing the same re- ation of revenue to the United States source within a single park area, the shall be subordinate to the objectives Director will establish franchise fees of protecting and preserving park areas for those concession contracts that are and of providing necessary and appro- comparable. In establishing these com- priate visitor services at reasonable parable franchise fees, the Director rates. will take into account, as appropriate, (b) The franchise fee contained in a variations in the nature and type of concession contract with a term of 5 visitor services authorized by par- years or less may not be adjusted dur- ticular concession contracts, including, ing the term of the contract. Conces- but not limited to, length of the visitor sion contracts with a term of more experience, type of equipment utilized, than 5 years will contain a provision relative expense levels, and other rel- that provides for adjustment of the evant factors. The terms and condi- contract’s established franchise fee at tions of an existing concession con- the request of the concessioner or the tract will not be subject to modifica- Director. An adjustment will occur if tion or open to renegotiation by the the concessioner and the Director mu- Director because of the award of a new tually determine that extraordinary, concession contract at the same ap- unanticipated changes occurred after proximate location or utilizing the the effective date of the contract that same resource. have affected or will significantly af- fect the probable value of the privi- § 51.81 May the Director include ‘‘spe- leges granted by the contract. The con- cial account’’ provisions in conces- cession contract will provide for arbi- sion contracts? tration if the Director and a conces- (a) The Director may not include in sioner cannot agree upon an appro- concession contracts ‘‘special account’’ priate adjustment to the franchise fee provisions, that is, contract provisions that reflects the extraordinary, unan- which require or authorize a conces- ticipated 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
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maintenance and repair of real prop- § 51.83 Handicrafts. [Reserved] erty improvements located in park areas and utilized by the concessioner Subpart J—Assignment or Encum- in its operations. Repair and mainte- brance of Concession Con- nance reserve funds may not be ex- tracts pended to construct real property im- provements, including, without limita- § 51.84 What special terms must I tion, capital improvements. Repair and know to understand this part? maintenance reserve provisions may To understand this subpart specifi- not be included in concession contracts cally and this part in general you must in lieu of a franchise fee, and funds refer to these definitions, applicable in from the reserves will be expended only the singular or plural, whenever the for the repair and maintenance of real terms are used in this part. property improvements assigned to the A controlling interest in a concession concessioner by the Director for use in contract means an interest, beneficial its operations. or otherwise, that permits the exercise (c) A concession contract must re- of managerial authority over a conces- sioner’s performance under the terms quire the concessioner to maintain in of the concession contract and/or deci- good condition through a comprehen- sions regarding the rights and liabil- sive repair and maintenance program ities of the concessioner. all of the concessioner’s personal prop- A controlling interest in a concessioner erty used in the performance of the means, in the case of corporate conces- concession contract and all real prop- sioners, an interest, beneficial or oth- erty improvements, including, without erwise, of sufficient outstanding voting limitation, capital improvements, and, securities or capital of the conces- government personal property, as- sioner or related entities that permits signed to the concessioner by a conces- the exercise of managerial authority sion contract. over the actions and operations of the concessioner. A ‘‘controlling interest’’ § 51.82 Are a concessioner’s rates re- in a concessioner also means, in the quired to be reasonable and subject case of corporate concessioners, an in- to approval by the Director? terest, beneficial or otherwise, of suffi- (a) Concession contracts will permit cient outstanding voting securities or the concessioner to set reasonable and capital of the concessioner or related appropriate rates and charges for vis- entities to permit the election of a ma- itor services provided to the public, jority of the Board of Directors of the concessioner. The term ‘‘controlling subject to approval by the Director. interest’’ in a concessioner, in the in- (b) Unless otherwise provided in a stance of a partnership, limited part- concession contract, the reasonable- nership, joint venture, other business ness of a concessioner’s rates and organization or individual entrepre- charges to the public will be deter- neurship, means ownership or bene- mined primarily by comparison with ficial ownership of the assets of the those rates and charges for facilities concessioner that permits the exercise and services of comparable character of managerial authority over the ac- under similar conditions, with due con- tions and operations of the conces- sideration of the following factors and sioner. other factors deemed relevant by the Rights to operate and/or manage under Director: Length of season; peakloads; a concession contract means any ar- average percentage of occupancy; ac- rangement where the concessioner em- cessibility; availability and costs of ploys or contracts with a third party to labor and materials; and types of pa- operate and/or manage the performance tronage. Such rates and charges may of a concession contract (or any por- not exceed the market rates and tion thereof). This does not apply to ar- charges for comparable facilities, rangements with an individual em- goods, and services, after taking these ployee. Subconcessioner means a third party factors into consideration. that, with the approval of the Director,
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has been granted by a concessioner to finance the purchase of the applica- rights to operate under a concession ble concession contract. An encum- contract (or any portion thereof), brance of a leasehold surrender interest whether in consideration of a percent- or possessory interest may not be made age of revenues or otherwise. for any other purpose, including, but not limited to, providing collateral for § 51.85 What assignments require the other debt of a concessioner, the parent approval of the Director? of a concessioner, or an entity related The concessioner may not assign, to a concessioner; sell, convey, grant, contract for, or (b) That the encumbrance does not otherwise transfer (such transactions purport to provide the creditor or as- collectively referred to as ‘‘assign- signee any rights beyond those pro- ments’’ for purposes of this part), with- vided by the applicable concession con- out the prior written approval of the tract, including, but not limited to, Director, any of the following: any rights to conduct business in a (a) Any concession contract; park area except in strict accordance (b) Any rights to operate under or with the terms and conditions of the manage the performance of a conces- applicable concession contract; sion contract as a subconcessioner or otherwise; (c) That the encumbrance does not (c) Any controlling interest in a con- purport to permit a creditor or as- cessioner or concession contract; or signee of a creditor, in the event of de- (d) Any leasehold surrender interest fault or otherwise, to begin operations or possessory interest obtained under a under the applicable concession con- concession contract. tract or through a designated operator unless and until the Director deter- § 51.86 What encumbrances require mines that the proposed operator is a the approval of the Director? qualified person as defined in this part; The concessioner may not encumber, (d) That an assignment or encum- pledge, mortgage or otherwise provide brance does not purport to assign or as a security interest for any purpose encumber assets that are not owned by (such transactions collectively referred the concessioner, including, without to as ‘‘encumbrances’’ for purposes of limitation, park area entrance, user this part), without the prior written day, or similar use allocations made by approval of the Director, any of the fol- the Director; lowing: (e) That the assignment is to a quali- (a) Any concession contract; fied person as defined in this part; (b) Any rights to operate under or (f) That the assignment or encum- manage performance under a conces- brance would not have an adverse im- sion contract as a subconcessioner or pact on the protection, conservation or otherwise; preservation of park resources; (c) Any controlling interest in a con- (g) That the assignment or encum- cessioner or concession contract; or brance would not have an adverse im- (d) Any leasehold surrender interest pact on the provision of necessary and or possessory interest obtained under a appropriate facilities and services to concession contract. visitors at reasonable rates and § 51.87 Does the concessioner have an charges; and unconditional right to receive the (h) That the terms of the assignment Director’s approval of an assign- or encumbrance are not likely, directly ment or encumbrance? or indirectly, to reduce an existing or No, approvals of assignments or en- new concessioner’s opportunity to earn cumbrances are subject to the fol- a reasonable profit over the remaining lowing determinations by the Director: term of the applicable concession con- (a) That the purpose of a leasehold tract, to affect adversely the quality of surrender interest or possessory inter- facilities and services provided by the est encumbrance is either to finance concessioner, or result in a need for in- the construction of capital improve- creased rates and charges to the public ments under the applicable concession to maintain the quality of concession contract in the applicable park area or facilities and services.
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§ 51.88 What happens if an assignment (a) All instruments proposed to im- 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 (proformas); § 51.89 What happens if there is a de- (h) A schedule that allocates in detail fault on an encumbrance approved the purchase price (or, in the case of a by the Director? transaction other than an asset pur- In the event of default on an encum- chase, the valuation) of all assets as- brance approved by the Director in ac- signed or encumbered. In addition, the cordance with this part, the creditor, applicant must provide a description of or an assignee of the creditor, may suc- the basis for all allocations and owner- ceed to the interests of the conces- ship of all assets; and sioner only to the extent provided by (i) Such other information as the Di- the approved encumbrance, this part rector may require to make the deter- and the terms and conditions of the ap- minations required by this subpart. plicable concession contract. § 51.92 What are standard proformas? § 51.90 How does the concessioner get Concessioners are encouraged to sub- the Director’s approval before mak- mit standard prospective financial ing an assignment or encumbrance? statements (proformas) pursuant to Before completing any assignment or this part. A ‘‘standard proforma’’ is one encumbrance which may be considered that: to be the type of transaction described (a) Provides projections, including in this part, including, but not limited revenues and expenses that are con- to, the assignment or encumbrance of sistent with the concessioner’s past op- what may be a controlling interest in a erating history unless the proforma is concessioner or a concession contract, accompanied by a narrative that de- the concessioner must apply in writing scribes why differing expectations are for approval of the transaction by the achievable and realistic; Director. (b) Assumes that any loan related to an assignment or encumbrance will be § 51.91 What information may the Di- paid in full by the expiration of the rector require in the application? concession contract unless the An application for the Director’s ap- proforma contains a narrative descrip- proval of an assignment or encum- tion as to why an extended loan period brance will include, to the extent re- is consistent with an opportunity for quired by the Director in the cir- reasonable profit over the remaining cumstances of the transaction, the fol- term of the concession contract. The lowing information in such detail as narrative description must include, but the Director may specify in order to is not limited to, identification of the make the determinations required by loan’s collateral after expiration of the this subpart: concession contract; and
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(c) Assumes amortization of any in- § 51.96 May the Director amend or ex- tangible assets assigned or encumbered tend a concession contract for the as a result of the transaction over the purpose of facilitating a trans- remaining term of the concession con- action? tract unless the proforma contains a The Director may not amend or ex- narrative description as to why such tend a concession contract for the pur- extended amortization period is con- pose of facilitating an assignment or sistent with an opportunity for reason- encumbrance. The Director may not able profit over the remaining term of make commitments regarding rates to the concession contract. the public, contract extensions, conces- sion contract terms and conditions, or § 51.93 If the transaction includes any other matter, for the purpose of fa- more that one concession contract, cilitating an assignment or encum- how must required information be brance. provided? In circumstances of an assignment or § 51.97 May the Director open to re- encumbrance that includes more than negotiation or modify the terms of a one concession contract, the conces- concession contract as a condition sioner must provide the information to the approval of a transaction? described in this subpart on a contract The Director may not open to re- by contract basis. negotiation or modify the terms and conditions of a concession contract as § 51.94 What information will the Di- a condition to the approval of an as- rector consider when deciding to signment or encumbrance. The excep- approve a transaction? tion is if the Director determines that In deciding whether to approve an as- renegotiation or modification is re- signment or encumbrance, the Director quired to avoid an adverse impact on will consider the proformas, all other the protection, conservation or preser- information submitted by the conces- vation of the resources of a park area sioner, and other information available or an adverse impact on the provision to the Director. of necessary and appropriate visitor services at reasonable rates and § 51.95 Does the Director’s approval of charges. an assignment or encumbrance in- clude any representations of any nature? Subpart K—Information and Access to Information In approving an assignment or en- cumbrance, the Director has no duty to § 51.98 What records must the conces- inform any person of any information sioner keep and what access does the Director may have relating to the the Director have to records? concession contract, the park area, or A concessioner (and any subconces- other matters relevant to the conces- sioner) must keep any records that the sion contract or the assignment or en- Director may require for the term of cumbrance. In addition, in approving the concession contract and for five an assignment or encumbrance, the Di- calendar years after the termination or rector makes no representations of any expiration of the concession contract nature to any person about any matter, to enable the Director to determine including, but not limited to, the that all terms of the concession con- value, allocation, or potential profit- tract are or were faithfully performed. ability of any concession contract or The Director and any duly authorized assets of a concessioner. No approval of representative of the Director must, an assignment or encumbrance may be for the purpose of audit and examina- construed as altering the terms and tion, have access to all pertinent conditions of the applicable concession records, books, documents, and papers contract unless expressly so stated by of the concessioner, subconcessioner the Director in writing. and any parent or affiliate of the con- cessioner (but with respect to parents
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and affiliates, only to the extent nec- § 51.102 What is the effect of the 1998 essary to confirm the validity and per- Act’s repeal of the 1965 Act’s pref- formance of any representations or erence in renewal? commitments made to the Director by (a) Section 5 of the 1965 Act required a parent or affiliate of the conces- the Secretary to give existing satisfac- sioner). tory concessioners a preference in the § 51.99 What access to concessioner renewal (termed a ‘‘renewal pref- records will the Comptroller Gen- erence’’ in the rest of this section) of eral have? its concession contract or permit. Sec- The Comptroller General or any duly tion 415 of the 1998 Act repealed this authorized representative of the Comp- statutory renewal preference as of No- troller General must, until the expira- vember 13, 1998. It is the final decision tion of five calendar years after the of the Director, subject to the right of close of the business year of each con- appeal set forth in paragraph (b) of this cessioner (or subconcessioner), have ac- section, that holders of 1965 Act con- cess to and the right to examine all cession contracts are not entitled to be pertinent books, papers, documents given a renewal preference with respect and records of the concessioner, sub- to such contracts (although they may concessioner and any parent or affil- otherwise qualify for a right of pref- iate of the concessioner (but with re- erence regarding such contracts under spect to parents and affiliates only to Sections 403(7) and (8) of the 1998 Act as the extent necessary to confirm the va- implemented in this part). However, if lidity and performance of any represen- a concessioner holds an existing 1965 tations or commitments made to the Act concession contract and the con- Director by the parent or affiliate of tract makes express reference to a re- the concessioner). newal preference, the concessioner may appeal to the Director for recognition § 51.100 When will the Director make of a renewal preference. proposals and evaluation docu- (b) Such appeal must be in writing ments publicly available? and be received by the Director no In the interest of enhancing competi- later than thirty days after the tion for concession contracts, the Di- issuance of a prospectus for a conces- rector will not make publicly available sion contract under this part for which proposals submitted in response to a the concessioner asserts a renewal pref- prospectus or documents generated by erence. The Director must make a deci- the Director in evaluating such pro- sion on the appeal prior to the proposal posals, until the date that the new con- submission date specified in the pro- cession contract solicited by the pro- spectus. Where applicable, the Director spectus is awarded. At that time, the will give notice of this appeal to all po- Director may or will make the pro- tential offerors that requested a pro- posals and documents publicly avail- spectus. The Director may delegate able in accordance with applicable law. consideration of such appeals only to a Deputy or Associate Director. The de- Subpart L—The Effect of the 1998 ciding official must prepare a written Act’s Repeal of the 1965 Act decision on the appeal, taking into ac- count the content of the appeal and § 51.101 Did the 1998 Act repeal the other available information. 1965 Act? (c) If the appeal results in a deter- Section 415 of the 1998 Act repealed mination by the Director that the 1965 the 1965 Act and related laws as of No- Act concession contract in question vember 13, 1998. This repeal did not af- makes express reference to a renewal fect the validity of any 1965 Act conces- preference under section 5 of the 1965 sion contract. The provisions of this Act, the 1998 Act’s repeal of section 5 of part apply to all 1965 Act concession the 1965 Act was inconsistent with the contracts except to the extent that terms and conditions of the concession such provisions are inconsistent with contract, and that the holder of the terms and conditions of a 1965 Act con- concession contract in these cir- cession contract. cumstances is entitled to a renewal
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preference by operation of law, the Di- the collection of information for the rector will permit the concessioner to purpose of requesting approval of a sale exercise a renewal preference for the or transfer of a concession operation is contract subject to and in accordance estimated to be 80 hours. Please send with the otherwise applicable right of comments regarding this burden esti- preference terms and conditions of this mate or any other aspect of this collec- part, including, without limitation, the tion of information, including sugges- requirement for submission of a re- tions for reducing the burden, to the sponsive proposal pursuant to the Information Collection Officer, Na- terms of an applicable prospectus. The tional Park Service, 1849 C Street, Director, similarly, will permit any Washington, DC 20240; and to the At- holder of a 1965 Act concession con- tention: Desk Officer for the Interior tract that a court of competent juris- Department, Office of Information and diction determines in a final order is Regulatory Affairs, Office of Manage- entitled to a renewal preference, for ment and Budget, Washington, DC any reason, to exercise a right of pref- 20503. erence in accordance with the other- (c) Additional reporting and record- wise applicable requirements of this keeping requirements were identified part, including, without limitation, the in subpart F regarding appeal of a pre- requirement for submission of a re- ferred offeror determination, subpart G sponsive proposal pursuant to the regarding leasehold surrender interest terms of an applicable prospectus. and in subpart K regarding record- keeping that are not covered under § 51.103 Severability. OMB approval. An emergency informa- A determination that any provision tion collection request to cover these of this part is unlawful will not affect requirements has been prepared and the validity of the remaining provi- submitted to OMB for approvals. These sions. additional information collection re- quirements will not be implemented Subpart M—Information Collection until OMB approves the emergency re- quest. The Director will publish a FED- § 51.104 Have information collection ERAL REGISTER notice when OMB has procedures been followed? approved these requirements. (a) The Paperwork Reduction Act provides that an agency may not con- PART 59—LAND AND WATER CON- duct or sponsor, and a person is not re- SERVATION FUND PROGRAM OF quired to respond to, a collection of in- ASSISTANCE TO STATES; POST- formation unless it displays a cur- COMPLETION COMPLIANCE RE- rently valid OMB Control Number. The SPONSIBILITIES information collection for submission of proposals in response to concession Sec. prospectuses contained in this part 59.1 Applicability. have been approved by the Office of 59.2 Information collection. Management and Budget as required by 59.3 Conversion requirements. 44 U.S.C. 3501 et seq. and assigned clear- 59.4 Residency requirements. ance number 1024–0125, extended 59.5—59.6 [Reserved] through May 30, 2000. An information AUTHORITY: Sec. 6, L&WCF Act of 1965 as collection for proposed transfers of amended; Pub. L. 88–578; 78 Stat. 897; 16 concession operations is covered by U.S.C. 4601–4 et seq. OMB Approval No. 1024–0126 effective SOURCE: 51 FR 34184, Sept. 25, 1986, unless through August 31, 2002. otherwise noted. (b) The public reporting burden for the collection of information for the § 59.1 Applicability. purpose of preparing a proposal in re- These post-completion responsibil- sponse to a contract solicitation is es- ities apply to each area or facility for timated to average 480 hours per pro- which Land and Water Conservation posal for large authorizations and 240 Fund (L&WCF) assistance is obtained, hours per proposal for small authoriza- regardless of the extent of participa- tions. The public reporting burden for tion of the program in the assisted area
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or facility and consistent with the sor for permission to convert L&WCF contractural agreement between NPS assisted properties in whole or in part and the State. Responsibility for com- to other than public outdoor recreation pliance and enforcement of these provi- uses must be submitted by the State sions rests with the State for both Liaison Officer to the appropriate NPS State and locally sponsored projects. Regional Director in writing. NPS will The responsibilities cited herein are consider conversion requests if the fol- applicable to the area depicted or oth- lowing prerequisites have been met: erwise described on the 6(f)(3) boundary (1) All practical alternatives to the map and/or as described in other proposed conversion have been evalu- project documentation approved by the ated. Department of the Interior. In many (2) The fair market value of the prop- instances, this mutually agreed to area erty to be converted has been estab- exceeds that actually receiving lished and the property proposed for L&WCF assistance so as to assure the substitution is of at least equal fair protection of a viable recreation enti- market value as established by an ap- ty. For leased sites assisted under proved appraisal (prepared in accord- L&WCF, compliance with post-comple- ance with uniform Federal appraisal tion requirements of the grant ceases standards) excluding the value of struc- following lease expiration unless the tures or facilities that will not serve a grant agreement calls for some other recreation purpose. arrangement. (3) The property proposed for replace- ment is of reasonably equivalent use- § 59.2 Information collection. fulness and location as that being con- The information collection require- verted. 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 cri- teria: § 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
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which have been identified in the wet- (iv) Where the project sponsor ac- lands provisions of the Statewide Com- quires the land from another public prehensive Outdoor Recreation Plan agency, the selling agency must be re- shall be considered to be of reasonably quired by law to receive payment for equivalent usefulness with the prop- the land so acquired. erty proposed for conversion regardless In the case of development projects for of the nature of the property proposed which the State match was not derived for conversion. from the cost of the purchase or value (ii) Replacement property need not of a donation of the land to be con- necessarily be directly adjacent to or verted, but from the value of the devel- close by the converted site. This policy opment itself, public land which has provides the administrative flexibility not been dedicated or managed for to determine location recognizing that recreation/conservation use may be the property should meet existing pub- used as replacement land even if this lic outdoor recreation needs. While land is transferred from one public generally this will involve the selec- agency to another without cost. tion of a site serving the same commu- (5) In the case of assisted sites which nity(ies) or area as the converted site, are partially rather than wholly con- there may be exceptions. For example, verted, the impact of the converted if property being converted is in an portion on the remainder shall be con- area undergoing major demographic sidered. If such a conversion is ap- change and the area has no existing or proved, the unconverted area must re- anticipated future need for outdoor main recreationally viable or be re- recreation, then the project sponsor placed as well. should seek to locate the substitute (6) All necessary coordination with area in another location within the ju- other Federal agencies has been satis- risdiction. Should a local project spon- factorily accomplished including, for sor be unable to replace converted example, compliance with section 4(f) property, the State would be respon- of the Department of Transportation sible, as the primary recipient of Fed- Act of 1966. eral assistance, for assuring compli- (7) The guidelines for environmental ance with these regulations and the evaluation have been satisfactorily substitution of replacement property. completed and considered by NPS dur- (iii) The acquisition of one parcel of ing its review of the proposed 6(f)(3) ac- land may be used in satisfaction of sev- tion. In cases where the proposed con- eral approved conversions. version arises from another Federal ac- (4) The property proposed for substi- tion, final review of the State’s pro- tution meets the eligibility require- posal shall not occur until the NPS Re- ments for L&WCF assisted acquisition. gional office is assured that all envi- The replacement property must con- ronmental review requirements related stitute or be part of a viable recreation to that other action have been met. area. Unless each of the following addi- (8) State intergovernmental clearing- tional conditions is met, land currently house review procedures have been ad- in public ownership, including that hered to if the proposed conversion and which is owned by another public agen- substitution constitute significant cy, may not be used as replacement changes to the original Land and Water land for land acquired as part of an Conservation Fund project. L&WCF project: (9) The proposed conversion and sub- (i) The land was not acquired by the stitution are in accord with the State- sponsor or selling agency for recre- wide Comprehensive Outdoor Recre- ation. ation Plan (SCORP) and/or equivalent (ii) The land has not been dedicated recreation plans. or managed for recreational purposes (c) Amendments for conversion. All while in public ownership. conversions require amendments to the (iii) No Federal assistance was pro- original project agreements. Therefore, vided in the original acquisition unless amendment requests should be sub- the assistance was provided under a mitted concurrently with conversion program expressly authorized to match requests or at such time as all details or supplement L&WCF assistance. of the conversion have been worked out
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with NPS. Section 6(f)(3) project of the proposal with the Statewide boundary maps shall be submitted with Comprehensive Outdoor Recreation the amendment request to identify the Plan and/or equivalent recreation changes to the original area caused by plans. Changes to other than public 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 § 59.4 Residency requirements. such cases, an express commitment to 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 conver- visions of Title VI of the Civil Rights sion. Requests regarding changes from Act of 1964 for the Department. a L&WCF funded facility to another (b) Policy. There shall be no discrimi- otherwise eligible facility at the same nation for L&WCF assisted programs site that significantly contravene the and services on the basis of residence, original plans for the area must be except in reasonable fee differentials. made in writing to the Regional Direc- Post-completion compliance respon- tor. NPS approval must be obtained sibilities of the recipient should con- prior to the occurrence of the change. tinue to ensure that discrimination on NPS approval is not necessarily re- the basis of residency is not occurring. quired, however, for each and every fa- (c) Fees. Fees charged to nonresidents cility use change. Rather, a project cannot exceed twice that charged to area should be viewed in the context of residents. Where there is no charge for overall use and should be monitored in residents but a fee is charged to non- this context. A change from a baseball residents, nonresident fees cannot ex- field to a football field, for example, ceed fees charged for residents at com- would not require NPS approval. A parable State or local public facilities. change from a swimming pool with Reservation, membership, or annual substantial recreational development permit systems available to residents to a less intense area of limited devel- must also be available to nonresidents opment such as a passive park, or vice and the period of availability must be versa, would, however, require NPS re- the same for both residents and non- view and approval. To assure that facil- residents. Recipients are prohibited ity changes do not significantly con- from providing residents the option of travene the original project agreement, purchasing annual or daily permits NPS shall be notified by the State of while at the same time restricting non- all proposed changes in advance of residents to the purchase of annual their occurrence. A primary NPS con- permits only. These provisions apply sideration in the review of requests for only to the approved 6(f)(3) areas appli- changes in use will be the consistency cable to the recipient. Nonresident
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fishing and hunting license fees are ex- (2) Properties declared by the Sec- cluded from these requirements. retary of the Interior to be of national significance and designated as National §§ 59.5—59.6 [Reserved] Historic Landmarks; (3) Nominations prepared under ap- PART 60—NATIONAL REGISTER OF proved State Historic Preservation HISTORIC PLACES Programs, submitted by the State His- toric Preservation Officer and approved Sec. by the NPS; 60.1 Authorization and expansion of the Na- (4) Nominations from any person or tional Register. local government (only if such prop- 60.2 Effects of listing under Federal law. erty is located in a State with no ap- 60.3 Definitions. proved State Historic Preservation 60.4 Criteria for evaluation. Program) approved by the NPS and; 60.5 Nomination forms and information col- 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. The National Register is an authori- 60.11 Requests for nominations. 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.
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(c) If a property is listed in the Na- Examples tional Register, certain provisions of Molly Brown House (Denver, CO) the Tax Reform Act of 1976 as amended Meek Mansion and Carriage House (Hayward, by the Revenue Act of 1978 and the Tax CA) Treatment Extension Act of 1980 may Huron County Courthouse and Jail (Nor- apply. These provisions encourage the walk, OH) preservation of depreciable historic Fairntosh Plantation (Durham vicinity, NC) structures by allowing favorable tax treatments for rehabilitation, and dis- (b) Chief elected local official. Chief courage destruction of historic build- elected local official means the mayor, ings by eliminating certain otherwise county judge, county executive or oth- available Federal tax provisions both erwise titled chief elected administra- for demolition of historic structures tive official who is the elected head of and for new construction on the site of the local political jurisdiction in which demolished historic buildings. Owners the property is located. of historic buildings may benefit from (c) Determination of eligibility. A deter- the investment tax credit provisions of mination of eligibility is a decision by the Revenue Act of 1978. The Economic the Department of the Interior that a Recovery Tax Act of 1981 generally re- district, site, building, structure or ob- places the rehabilitation tax incentives ject meets the National Register cri- under these laws beginning January 1, teria for evaluation although the prop- 1982 with a 25% investment tax credit erty is not formally listed in the Na- for rehabilitations of historic commer- tional Register. A determination of eli- cial, industrial and residential build- gibility does not make the property el- ings. This can be combined with a 15- igible for such benefits as grants, year cost recovery period for the ad- loans, or tax incentives that have list- justed basis of the historic building. ing on the National Register as a pre- Historic buildings with certified re- habilitations receive additional tax requisite. savings by their exemption from any (d) District. A district is a geographi- requirement to reduce the basis of the cally definable area, urban or rural, building by the amount of the credit. possessing a significant concentration, The denial of accelerated depreciation linkage, or continuity of sites, build- for a building built on the site of a de- ings, structures, or objects united by molished historic building is repealed past events or aesthetically by plan or effective January 1, 1982. The Tax physical development. A district may Treatment Extension Act of 1980 in- also comprise individual elements sep- cludes provisions regarding charitable arated geographically but linked by as- contributions for conservation pur- sociation or history. poses of partial interests in histori- cally important land areas or struc- Examples tures. (d) If a property contains surface coal Georgetown Historic District (Washington, DC) resources and is listed in the National Martin Luther King Historic District (At- Register, certain provisions of the Sur- lanta, GA) face Mining and Control Act of 1977 re- Durango-Silverton Narrow-Gauge Railroad quire consideration of a property’s his- (right-of-way between Durango and toric values in the determination on Silverton, CO) issuance of a surface coal mining per- 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, mate- rials, 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 distin- guishable 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, struc- tures 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- scendent importance, from age, from distinc- the National Register. Nomination tive 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 Nominate Potential National Register Prop- to nominate a property and solicits erties That Have Achieved Significance written comments especially on the Within the Last 50 Years’’ which is available significance of the property and wheth- 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. (a) All nominations to the National (c) As part of the nomination process, Register are to be made on standard each State is required to notify in writ- National Register forms. These forms ing the property owner(s), except as are provided upon request to the State specified in paragraph (d) of this sec- Historic Preservation Officer, partici- tion, of the State’s intent to bring the 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
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State shall send the written notifica- the property owners for a nomination tion at least 30 but not more than 75 containing more than 50 owners, it is 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 Review Board meeting, the States are matic Group Format submission, each also required to notify by the above district, site, building, structure and mentioned National Register approved object included in the submission is notice the applicable chief elected offi- treated as a separate nomination for cial of the county (or equivalent gov- the purpose of notification and to pro- ernmental unit) and municipal polit- vide owners of private property the op- ical 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 but not more than 75 days in advance property, as appropriate, and objects to of the State Review Board meeting the the listing. In nominations with mul- chief elected local officials of the coun- tiple ownership of a single private ty (or equivalent governmental unit) property or of districts, the property and municipal political jurisdiction in will not be listed if a majority of the which the property or district is lo- owners object to listing. Upon receipt cated. The State shall provide general of notarized objections respecting a notice to property owners concerning district or single private property with the State’s intent to nominate. The multiple owners, it is the responsi- general notice shall be published at bility of the State Historic Preserva- least 30 days but not more than 75 days tion Officer to ascertain whether a ma- before the State Review Board meeting jority of owners of private property and provide an opportunity for the sub- have objected. If an owner whose name mission of written comments and pro- did not appear on the list certifies in a vide the owners of private property or written notarized statement that the a majority of such owners for districts party is the sole or partial owner of a an opportunity to concur in or object nominated private property such owner in writing to the nomination. Such shall be counted by the State Historic general notice must be published in one Preservation Officer in determining or more local newspapers of general whether a majority of owners has ob- circulation in the area of the nomina- jected. Each owner of private property tion. The content of the notices shall in a district has one vote regardless of be approved by the National Register. If such general notice is used to notify how many properties or what part of
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one property that party owns and re- National Register criteria for evalua- gardless of whether the property con- tion, the State Historic Preservation tributes to the significance of the dis- Officer, if he or she chooses, may sub- trict. mit the nomination with his or her (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. ed local official of the local, county or (i) [Reserved] municipal political subdivision in (j) Completed nomination forms or which the property is located but need the documentation proposed for sub- not otherwise do so. Such nominations mission on the nomination forms and will be substantively reviewed by the comments concerning the significance Keeper. of a property and its eligibility for the (m) The State Historic Preservation National Register are submitted to the Officer shall also submit to the Keeper State Review Board. The State Review nominations if so requested under the Board shall review the nomination appeals process in § 60.12. forms or documentation proposed for (n) If the owner of a private property submission on the nomination forms or the majority of such owners for a and any comments concerning the district or single property with mul- property’s significance and eligibility tiple owners have objected to the nomi- for the National Register. The State nation prior to the submittal of a nom- Review Board shall determine whether ination, the State Historic Preserva- or not the property meets the National tion Officer shall submit the nomina- Register criteria for evaluation and tion to the Keeper only for a deter- make a recommendation to the State mination of eligibility pursuant to sub- Historic Preservation Officer to ap- section (s) of this section. prove or disapprove the nomination. (o) The State Historic Preservation (k) Nominations approved by the Officer signs block 12 of the nomina- State Review Board and comments re- tion form if in his or her opinion the ceived are then reviewed by the State property meets the National Register Historic Preservation Officer and if he criteria for evaluation. The State His- or she finds the nominations to be ade- toric Preservation Officer’s signature quately documented and technically, in block 12 certifies that: professionally, and procedurally cor- (1) All procedural requirements have rect and sufficient and in conformance been met; with National Register criteria for (2) The nomination form is ade- evaluation, the nominations are sub- quately documented; mitted to the Keeper of the National (3) The nomination form is tech- Register of Historic Places, National nically and professionally correct and Park Service, United States Depart- sufficient; ment of the Interior, Washington, D.C. (4) In the opinion of the State His- 20240. All comments received by a toric Preservation Officer, the property State and notarized statements of ob- meets the National Register criteria jection to listing are submitted with a for evaluation. nomination. (p) When a State Historic Preserva- (l) If the State Historic Preservation tion Officer submits a nomination form Officer and the State Review Board dis- for a property that he or she does not agree on whether a property meets the believe meets the National Register
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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 nomi- nation 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 Presevation Officer and the State property does not appear to meet the Review Board disagree, the nomination National Register criteria for evalua- shall be returned to the Federal agency tion, the nomination will be returned with the opinions of the State Historic with an explanation as to why the Preservation Officer and the State Re- property does not meet the National view Board concerning the adequacy of Register criteria for evaluation. the nomination and whether or not the (i) Any person or organization which property meets the criteria for evalua- supports or opposes the nomination of tion. The opinion of the State Review a property by a Federal Preservation Board may be the minutes of the State Officer may petition the Keeper during Review Board meeting. The State His- the nomination process either to ac- toric Preservation Officer’s signed
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opinion and comments shall confirm to shall comply with the notification re- the Federal agency that the State quirements in § 60.6 and schedule the nomination procedures have been ful- property for presentation at the ear- filled including notification require- liest possible State Review Board ments. Any comments received by the meeting. Scheduling shall be con- State shall be included with the letter sistent with the State’s established pri- as shall any notarized statements ob- orities for processing nominations. If jecting to the listing of private prop- the nomination form is adequately doc- erty. 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 adquately docu- (c) If the nomination form appears to mented 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 addi- tional 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 appplicant 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 judgement 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 re- nomination 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) Petitons 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 rem- edies 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:// Federal Government to oversee; www.cr.nps.gov. (2) Presume that State, tribal, and local government historic preservation § 61.4 State programs. 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 pro- posals from a SHPO for a minimum re- posals from a SHPO for a minimum re- quired 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 appro- priate 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 delega- tions 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 con- stitutes 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 govern- ment-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 des- ignated 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 Prejuducial procedural error is one significance of the areas by providing that reasonably may be considered to descriptive information to the public. have affected the outcome of the des- Under section 170(h) of the United ignation 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 exist- ing 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 a 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 ex- tend 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 re- port 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 val- ues 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 na- tional 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 prop- (b) If the State Historic Preservation erties determined eligible. Officer has inadequate information to 63.6 Review and nomination of properties document the presence or absence of determined eligible. historic properties in the project area, AUTHORITY: Sec. 2(k), Historic Sites Act of the Federal agency should refer to the 1935, 16 U.S.C. 462(K) (1970 ed); sec. 101(a)(1), Department of the Interior’s criteria National Historic Preservation Act of 1966, for the identification of historic prop- as amended, 16 U.S.C. 470(a)(1) (1970 ed); secs. 3(b) and 4(f), E.O. 11593; sec. 2 of Reorganiza- erties and the guidelines for level of tion Plan No. 3 of 1950 (34 Stat. 1262). documentation to accompany requests for determinations of eligibility for in- SOURCE: 42 FR 47661, Sept. 21, 1977. Redesig- nated at 45 FR 28716, Apr. 30, 1980, and 46 FR clusion in the National Register pub- 34329, July 1, 1981, unless otherwise noted. lished as a notice in the FEDERAL REG- ISTER. § 63.1 Purpose and authorities. (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 blity 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. erties in the area affected by the pro- If the opinion of the State Historic posed action. Preservation Officer is not included
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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- mines that documentation submitted and the State Historic Preservation Of- with the request is not sufficient to ficer. 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- tional information needed. The Keeper rior. of the National Register will respond to the agency’s request within 45 days (a) The Keeper of the National Reg- of receipt of documentation on the ister will make determinations of eligi- property requested by the Keeper. bility on properties nomiated by Fed- eral agencies under section 2(a) of Ex- § 63.3 Procedures to be applied when ecutive Order 11593 prior to returning the Agency and the State Historic the nominations for such properties to Preservation Officer agree a prop- the agency for technical or profes- erty is eligible. sional revision or because of procedural If during the consultation described requirements. Such determinations of in § 63.2(c), both the agency and the eligibility will be made only if suffi- State Historic Preservation Officer cient information exists to establish agree that a property meets the Cri- the significance of the property and its teria, the Federal agency or the State eligibility for the National Register Historic Preservation Officer shall for- (b) Any property or district removed ward to the Keeper of the National from the National Register for proce- Register (a) a letter signed by the dural deficiences in the nomination agency stating that the agency and the and/or listing process shall automati- State Historic Preservation Officer cally be considered eligible for inclu- agree that the property is eligible for sion in the National Register without inclusion in the National Register, and further action and will be published as (b) a statement signed by the State such in the FEDERAL REGISTER. Historic Preservation Officer that in (c) If necessary to assist in the pro- his opinion the property is eligible for the National Register. Either the letter tection of historic resources, the Keep- or the statement must contain sub- er, upon consultation with the appro- stantive information on the property, priate State Historic Preservation Offi- including a description, specific bound- cer and concerned Federal agency, if aries, its significance under National any, may determine properties to be el- Register Criteria, and an explanation igible for listing in the National Reg- of why the property is eligible for list- ister under the Criteria established by ing in the National Register. The Keep- 36 CFR part 60 and shall publish such er of the National Register shall give determinations in the FEDERAL REG- written notice of his determination to ISTER. Such determinations may be both the agency and the State Historic made without a specific request from Preservation Officer within 10 working the Federal agency or, in effect, may days of receipt. If the property has not reverse findings on eligibility made by been accurately identified and evalu- 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 eli- gible properties. § 63.5 Federal Register publication of properties determined eligible. PART 64—GRANTS AND ALLOCA- In addition to written notice to the TIONS FOR RECREATION AND Federal agency and the State Historic CONSERVATION USE OF ABAN- Preservation Officer, public notice of properties determined eligible for the DONED RAILROAD RIGHTS-OF- National Register will be published in WAY the FEDERAL REGISTER at regular in- tervals and in a cumulative annual edi- Sec. 64.1 Purpose. tion usually issued in February. Deter- 64.2 Definitions. minations in accord with § 63.3 will be 64.3 Applicability and authority. identified with an asterisk. 64.4 Scope. 64.5 Eligible projects. § 63.6 Review and nomination of prop- 64.6 Application procedures. erties determined eligible. 64.7 Project selection and funding proce- The Keeper of the National Register dures. 64.8 Project selection criteria. will conduct an annual review of the 64.9 Project costs (State and local projects). condition of properties determined eli- 64.10 Matching share. gible for the National Register. The 64.11 Project performance. Keeper of the National Register will 64.12 Standards for grantee financial man- obtain from the Advisory Council on agement systems. Historic Preservation information on 64.13 Performance reports. 64.14 Project inspections. decisions made concerning eligible 64.15 Financial reporting requirements and properties in accord with memorandum reimbursements. of agreement under the Council’s ‘‘Pro- 64.16 Retention and custodial requirements cedures for the Protection of Historic for records. and Cultural Properties’’ (36 CFR part 64.17 Project termination and settlement 800). If there is no memorandum of procedures. agreement or if no provision has been 64.18 Retention and use. made in a memorandum of agreement AUTHORITY: Sec. 809(B)(2) and (3), 90 Stat. for nomination of an eligible property 145, Pub. L. 94–210; Sec. 2 of Reorganization and if the property retains the charac- Plan No. 3 of 1950 (34 Stat. 1262). teristics that made it eligible for the SOURCE: 42 FR 54806, Oct. 11, 1977. Redesig- National Register, the Keeper of the nated at 45 FR 780, Jan. 3, 1980, and 46 FR National Register will take the fol- 34329, July 1, 1981, unless otherwise noted. lowing steps: (a) For a property owned by a Fed- § 64.1 Purpose. eral agency, or under the jurisdiction The purpose of these guidelines is to or control of the agency to the extent prescribe policies and procedures for that the agency substantially exercises administering the funding of projects the attributes of ownership, the Keeper involving the conversion of abandoned of the National Register will request railroad rights-of-way to recreation the Federal agency to nominate the and conservation uses. Because of the property to the National Register with- limited funding available, it is the Bu- in six months. reau of Outdoor Recreation’s intent to (b) If the property is not under Fed- select a few projects which effectively eral jurisdiction or control, the Keeper demonstrate the conversion of aban- of the National Register will request doned railroad rights-of-way for recre- that the State Historic Preservation ation and conservation purposes in a Office nominate the property to the timely manner. National Register within six months. (c) If the Keeper of the National Reg- § 64.2 Definitions. ister determines that a property has (a) Abandoned Railroad Rights-of-Way. lost the characteristics that made it el- An abandoned railroad right-of-way is
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the real property used for or formerly ation or conservation programs. Eligi- used for the operation of railroad ble project elements for State and local trains by a common carrier railroad, governmental entities may include: upon which the railroad company has, (1) The acquisition of fee or less than or will cease operations and sell, or fee interests including long term leases otherwise dispose of the company’s in- of not less than 25 years and easements terest in the real property. which will secure for the project appli- (b) Project Applicant. Federal, State, cant the right to develop use the prop- or local governmental agencies. erty for public recreation and/or con- servation purposes. § 64.3 Applicability and authority. (2) The development of facilities The policies and procedures con- which are necessary for making rights- tained herein are applicable to the of-way usable for public recreation and making of grants to State and local conservation purposes. governments and to the making of allo- (b) Allocations made to Federal agen- cations to Federal agencies under the cies will be made for the acquisition of provisions of title VIII, section 809(b) lands or interests in lands, including (2) and (3) of the Railroad Revitaliza- incidental acquisition expenses, lo- tion and Regulatory Reform Act of 1976 cated in existing areas where such ac- (Pub. L. 94–210) (90 Stat. 145). The Sec- quisition is authorized by law and the retary of the Interior in consultation land is usable for public recreation and with the Secretary of Transportation is conservation purposes. responsible for providing financial as- (c) Abandoned railroad rights-of-way sistance in accordance with section projects proposed by State and local 809(b) (2) and (3). The Secretary of the governmental entities and Federal Interior’s responsibility has been dele- agencies shall be in accordance with gated to the Bureau of Outdoor Recre- the State comprehensive outdoor recre- ation. ation plan for the State in which the project is located. § 64.4 Scope. (a) Funding assistance authorized by § 64.6 Application procedures. section 809(b)(2) shall be provided to State and local units of government State and local government entities to applying for grants under this program enable them to acquire and develop will comply with the regulations, poli- abandoned railroad rights-of-way for cies, guidelines, and requirements of recreation and conservation purposes OMB Circular No. A–95 (Evaluation, and to plan for such acquisition and de- Review and Coordination of Federal velopment. As provided for by law, and Federally Assisted Programs and grants shall be made for not more than Projects), Federal Management Circu- 90 percent of the cost of the particular lars 74–4 (Cost Principles Applicable to project for which funds are sought. Grants and Contracts with State and (b) Allocations authorized by section Local Governments) and OMB Circular 809(b)(3) shall be made to Federal agen- No. A–102 (Uniform Administrative Re- cies to enable them to acquire aban- quirements for Grants-in-Aid to State doned railroad rights-of-way. Such al- and local governments). locations shall be made for an amount (a) Preapplications. A preapplication up to the price paid to the owner of the will be used to initially screen and se- real property proposed for acquisition lect those projects for which a final ap- plus expenses incidental to acquisition plication may be submitted for assist- such as title work, surveys, appraisals ance. The preapplication will include: and relocation. (1) A Standard Form 424 (may be ob- tained from applicable Regional Offices § 64.5 Eligible projects. of the Bureau of Outdoor Recreation). (a) Abandoned railroad projects will (2) A map showing the location of the be for recreation and/or conservation property to be acquired and/or devel- purposes including the acquisition of oped and its relation to surrounding the rights-of-way involved and will be land uses including other recreation/ sponsored by a project applicant who conservation resources. has authority to carry out public recre- (3) A program narrative statement.
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(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 com- mitted). 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 project embodies the selection criteria (4) Flood Disaster Protection Act of 1973 outlined in § 64.8. (Pub. L. 93–234). Applicants will be re- (4) Indicate any known problems that quired to purchase flood insurance for will occur in obtaining clear title to acquisition or development of insur- the right-of-way. able improvements located in a flood (5) Because of the limited funds plain area identified by the Secretary available applicants are encouraged to of Housing and Urban Development as provide an alternative plan indicating an area which has special flood haz- a viable segment of the overall project ards. which could possibly be funded at a (5) Corps of Engineers Permits Require- lower amount in lieu of the complete ments. For development projects requir- project. ing a Corps of Engineers permit under (b) Applications. For those State and section 10 of the Rivers and Harbors local projects selected the applicant Act of 1899 and/or section 404 of the shall submit the standard application Federal Water Pollution Control Act of provided for in Attachment M of OMB 1972, applicants will include evidence in Circular A–102. An application package the application that action has been developed for this program will be initiated to obtain such permit. available from the Bureau of Outdoor (6) Section 7 of the Endangered Species Recreation Regional Offices. The fol- Act of 1973. The applicant, through the lowing application requirements will submission of environmental informa- apply (information submitted with the tion, and in consultation with the Bu- preapplication will not be required reau of Outdoor Recreation Regional again): Office will indicate any known project (1) A–95 Clearinghouse Review. The ap- conflict with section 7 of the Endan- plicant will obtain and include in the application, State and areawide clear- gered Species Act of 1973. inghouse comments in accordance with (7) Plans and Maps. Each application OMB Circular A–95. will include copies of State, county, or (2) National Environmental Policy Act city maps showing the geographic loca- of 1969 (Pub. L. 91–190). The Bureau of tion of the project and its relation to Outdoor Recreation will review the en- surrounding land uses including other vironmental information developed by recreation/conservation resources. the Interstate Commerce Commission Where development is included in the relative to the abandonment to deter- project, a site plan of the proposed im- mine if additional information is re- provements will be provided along with quired to adequately assess the envi- a breakdown of the estimated develop- ronmental impact of the project and ment costs. For the acquisition, the ap- determine the need for an environ- plication will include a schedule listing mental impact statement. Where nec- the parcels to be acquired, estimated essary the applicant will provide addi- linear mileage and acreage of each, the tional information from which the Bu- estimated value of each parcel and the reau can assess the environmental im- estimated date of acquisition.
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(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/conserva- tion 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 and the relationship of such use to land ties. now administered by the Federal agen- (b) The Washington Office of the Bu- cy proposing acquisition. reau of Outdoor Recreation will evalu- (3) A map showing the location of the ate all projects submitted by the Re- property in relation to land now ad- gional Offices. Final selection of ministered by the Federal agency pro- projects to be funded shall be by the posing acquisition. Director of the Bureau of Outdoor (4) The real property interest pro- Recreation. posed for acquisition. (c) State and local projects selected (5) An environmental assessment of for funding will be approved and funds the acquisition and subsequent devel- obligated by the appropriate Regional opment, if proposed. Director. Funds will not be obligated (6) A citation of the statutory or until the Bureau has met with the ap- other authority under which the land plicant to discuss the terms, condi- would be acquired and a discussion of tions, and procedures required by the how the proposed acquisition is in ac- grant. cord with the authority for acquisition. (d) Federal agency sponsored projects (7) The funds being requested for the will be funded by transfer of funds from project including a summary of the es- the Bureau of Outdoor Recreation to timated cost of the land and costs inci- the sponsoring agency up to the dental to acquisition. amount of the project cost as shown in (8) A discussion of how acquisition of the agency’s approved application. the rights-of-way and subsequent de- velopment embodies the selection cri- [42 FR 54806, Oct. 11, 1977. Redesignated at 45 teria outlined in § 64.8. FR 780, Jan. 3, 1980, and 46 FR 34329, July 1, (d) Preapplication. (1) Projects spon- 1981, as amended at 60 FR 55791, Nov. 3, 1995] sored by State, local, or Federal appli- § 64.8 Project selection criteria. cants shall be submitted to the appro- priate Bureau of Outdoor Recreation Those projects which best meet the Regional Office. following criteria will be selected to re- (2) Projects will be considered for ceive assistance: funding on a quarterly basis until (a) Projects which have cleared aban- available funds have been obligated to donment procedures and for which suf- approved projects. The first project ficient control and tenure of land can submission quarter will begin with the be assured, in order that the project first of the fiscal year. Funds not uti- can be accomplished shortly after lized in one quarter will be available project approval.
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(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/con- cepts 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 for recreation/conservation purposes (1) Acquisition costs will be assisted has been identified in existing State, on the basis of the price paid or the ap- Federal, or local plans. praised fair market value, whichever is (g) The degree to which the project less. Costs incurred pursuant to the advances new ideas in recreation/con- Uniform Relocation Assistance and servation use and promotes non- Real Property Acquisition Policies Act motorized forms of transportation such of 1970, appraisal costs and other rea- as commuting by bicycle. sonable incidental costs associated (h) The recreation/conservation po- with the acquisition. tential of the environment traversed (2) Construction costs associated by the right-of-way. with developing the right-of-way for (i) The energy conservation potential recreation use. of using the right-of-way for recreation (3) Project-related planning required and/or commuting. for the acquisition, development and (j) The urgency of the acquisition as use of the abandoned rights-of-way in- reflected by the plans of the owner of cluding master planning, the prepara- record to sell the property to persons tion of development plans and speci- other than the project sponsor. fications and surveys. (k) The degree to which Federal, (4) Legal costs, audit costs, inspec- State or local land use controls will tion fees, and project administration protect the recreation and conserva- costs. tion values of the right-of-way from en- (b) Cost overruns will not be eligible croachment by conflicting uses of sur- for reimbursement. This means that no rounding land. additional funding will be extended (l) State and local projects involving once a project is approved. Any cost the development of abandoned railroad overrun incurred on a project must be rights-of-way which do not include the funded by the grantee. acquisition of the rights-of-way will be (c) Principles and standards for de- given lower funding priority than termining costs applicable to State and projects involving both acquisition and local grants are found in Federal Man- development. agement Circular 74–4 and part 670 of § 64.9 Project costs (State and local the Bureau of Outdoor Recreation Man- projects). ual. To be eligible, acquisition and devel- § 64.10 Matching share. opment costs must be incurred after the date of project approval and during The State or local applicant’s match- the project period. The project period ing share may consist of cash, or in- will be indicated in the project applica- kind contributions consistent with tion. Waivers will be granted to pro- guidelines set forth in Attachment F of ceed with the acquisition prior to 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 rec- tained. ords for individual employees. Salaries (a) Acquisition Procedures. All acquisi- and wages of employee chargeable to tion must conform to the Uniform Re- 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 re- ference 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 re- quirements. The request for advance Performance reports shall be sub- shall be submitted by the grantee in an mitted quarterly for all active proj- original and three copies to the appro- ects. 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 na- tions, 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 his- toric 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 ticipated damage or threats to the in- prohbit under Federal law or regula- tegrity of their resources. In addition, tions any actions which may otherwise National Historic Landmarks may be be taken by the property owner with studied by NPS for possible rec- respect 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 responsi- bility 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 sec- tion. 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 evalutes 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 adequancy 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 des- ignate 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 designa- tion. 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 par- ties 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 evalution 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, if any, issued for that landmark. Landmark until he or she has complied (i) An owner shall not be considered with the procedures set forth in this as having exhausted administrative section. remedies with respect to dedesignation of a National Historic Landmark until PART 67—HISTORIC PRESERVATION after submitting an appeal and receiv- CERTIFICATIONS PURSUANT TO ing a response from NPS in accord with SEC. 48(g) AND SEC. 170(h) OF these procedures. THE INTERNAL REVENUE CODE OF § 65.10 Appeals for designation. 1986 (a) Any applicant seeking to have a property designated a National His- Sec. toric Landmark may appeal, stating 67.1 Sec. 48(g) and Sec. 170(h) of the Internal the grounds for appeal, directly to the Revenue Code of 1986. Director, National Park Service, De- 67.2 Definitions. partment of the Interior, Washington, 67.3 Introduction to certifications of signifi- DC 20240, under the following cir- cance and rehabilitation and information cumstances: collection. Where the applicant— 67.4 Certifications of historic significance. (1) Disagrees with the initial decision 67.5 Standards for Evaluating Significance within Registered Historic Districts. of NPS that the property is not likely 67.6 Certifications of rehabilitation. to meet the criteria of the National 67.7 Standards for Rehabilitation. Historic Landmarks Program and will 67.8 Certifications of statutes. not be submitted to the Advisory 67.9 Certifications of State or local historic Board; or districts. (2) Disagrees with the decision of the 67.10 Appeals. Secretary that the property does not 67.11 Fees for processing rehabilitation cer- meet the criteria of the National His- tification requests. toric Landmarks Program. (b) The Director will respond to the AUTHORITY: Sec. 101(a)(1) of the National appellant within 60 days. After review- Historic Preservation Act of 1966, 16 U.S.C. ing the appeal the Director may: 470a–1(a)(170 ed.), as amended; Sec. 48(g) of (1) Deny the appeal; the Internal Revenue Code of 1986 (90 Stat. (2) Direct that a National Historic 1519, as amended by 100 Stat. 2085) 26 U.S.C. 48(g); and Sec. 170(h) of the Internal Revenue Landmark nomination be prepared and Code of 1986 (94 Stat. 3204) 26 U.S.C. 170(h). processed according to the regulations if this has not yet occurred; or SOURCE: 54 FR 6771, Feb. 26, 1990, unless (3) Resubmit the nomination to the otherwise noted. Secretary for reconsideration and final decision. § 67.1 Sec. 48(g) and Sec. 170(h) of the (c) Any person or organization which Internal Revenue Code of 1986. supports or opposes the consideration (a) Sec. 48(g) of the Internal Revenue of a property for National Historic Code of 1986, 90 Stat. 1519, as amended Landmark designation may submit an by 100 Stat. 2085, and Sec. 170(h) of the appeal to the Director, NPS, during the Internal Revenue Code of 1986, 94 Stat. designation process either supporting 3204, require the Secretary to make or opposing the designation. Such ap- certifications of historic district stat- peals received by the Director before utes and of State and local districts, the study of the property or before its
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certifications of significance, and cer- North Carolina tifications of rehabilitation in connec- Puerto Rico tion with certain tax incentives involv- South Carolina ing historic preservation. These certifi- Tennessee cation responsibilities have been dele- Virgin Islands gated to the National Park Service Western Regional Office, National Park (NPS); the following five regional of- Service, 450 Golden Gate Avenue, P.O. Box fices issue certifications for the States 36063, San Francisco, California 94102: listed below them. Arizona California Alaska Regional Office, National Park Service, 2525 Gambell Street, Room 107, An- Hawaii chorage, Alaska 99503: Idaho Alaska Nevada Oregon Mid-Atlantic Regional Office, National Washington Park Service, U.S. Customs House, Second Floor, Second and Chestnut Streets, Phila- (b) The Washington office of the NPS delphia, Pennsylvania 19106: establishes program direction and con- Connecticut siders appeals of certification denials. Delaware The procedures for obtaining certifi- District of Columbia cations are set forth below. It is the re- Indiana sponsibility of owners wishing certifi- Maine cations to provide sufficient docu- Maryland mentation to the Secretary to make Massachusetts Michigan certification decisions. These proce- New Hampshire dures, upon their effective date, are ap- New Jersey plicable to future and pending certifi- New York cation requests, except as otherwise Ohio provided herein. Pennsylvania (c) States receiving Historic Preser- Rhode Island Vermont vation Fund grants from the Depart- Virginia ment participate in the review of re- West Virginia quests for certification, through rec- Rocky Mountain Regional Office, National ommendations to the Secretary by the Park Service, 12795 West Alameda Parkway, State Historic Preservation Officer P.O. Box 25287, Denver, Colorado 80225: (SHPO). The SHPO acts on behalf of Colorado the State in this capacity and, there- Illinois fore, the NPS is not responsible for any Iowa actions, errors or omissions of the Kansas SHPO. Minnesota Missouri (1) Requests for certifications and ap- Montana provals of proposed rehabilitation work Nebraska are sent by an owner first to the appro- New Mexico priate SHPO for review. State com- North Dakota ments are recorded on National Park Oklahoma Service Review Sheets (NPS Forms 10– South Dakota Texas 168 (d) and (e)) and are carefully consid- Utah ered by the Secretary before a certifi- Wisconsin cation decision is made. Recommenda- Wyoming tions of States with approved State Southeast Regional Office, National Park programs are generally followed, but Service, 75 Spring Street SW, Atlanta, Geor- by law, all certification decisions are gia 30303: made by the Secretary, based upon pro- Alabama fessional review of the application and Arkansas related information. The decision of Florida the Secretary may differ from the rec- Georgia Kentucky ommendation of the SHPO. Louisiana (2) A State may choose not to par- Mississippi ticipate in the review of certification
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requests. States not wishing to partici- bilitation project for tax certification pate in the comment process should no- purposes. Such review will include the tify the Secretary in writing of this entire historic property as it existed fact. Owners from such nonpartici- prior to rehabilitation and any related pating States may request certifi- new construction. For purposes of the cations by sending their applications charitable contribution provisions directly to the appropriate NPS re- only, a certified historic structure need gional office listed above. In all other not be depreciable to qualify; may be a situations, certification requests are structure other than a building; and sent first to the appropriate SHPO. may also be a remnant of a building (d) The Internal Revenue Service is such as a facade, if that is all that re- responsible for all procedures, legal de- mains. For purposes of the other reha- terminations, and rules and regula- bilitation tax credits under section tions concerning the tax consequences 48(g) of the Internal Revenue Code, any of the historic preservation provisions property located in a registered his- described in this part. Any certifi- toric district is considered a certified cation made by the Secretary pursuant historic structure so that other reha- to this part shall not be considered as bilitation tax credits are not available; binding upon the Internal Revenue exemption from this provision can gen- Service or the Secretary of the Treas- erally occur only if the Secretary has ury with respect to tax consequences determined, prior to the rehabilitation under the Internal Revenue Code. For of the property, that it is not of his- example, certifications made by the toric significance to the district. Secretary do not constitute determina- Certified Rehabilitation means any re- tions that a structure is of the type habilitation of a certified historic subject to the allowance for deprecia- structure which the Secretary has cer- tion under section 167 of the Code. tified to the Secretary of the Treasury as being consistent with the historic § 67.2 Definitions. character of the certified historic As used in these regulations: structure and, where applicable, with Certified Historic Structure means a the district in which such structure is building (and its structural compo- located. nents) which is of a character subject Duly Authorized Representative means to the allowance for depreciation pro- a State or locality’s Chief Elected Offi- vided in section 167 of the Internal Rev- cial or his or her representative who is enue Code of 1986 which is either: authorized to apply for certification of (a) Individually listed in the National State/local statutes and historic dis- Register; or tricts. (b) Located in a registered historic Historic District means a geographi- district and certified by the Secretary cally definable area, urban or rural, as being of historic significance to the that possesses a significant concentra- district. tion, linkage or continuity of sites, Portions of larger buildings, such as buildings, structures or objects united single condominium apartment units, historically or aesthetically by plan or are no independently considered cer- physical development. A district may tified historic structures. Rowhouses, also comprise individual elements sep- even with abutting or party walls, are arated geographically during the pe- considered as separate buildings. For riod of significance but linked by asso- purposes of the certification decisions ciation or function. set forth in this part, a certified his- Inspection means a visit by an au- toric structure encompasses the his- thorized representative of the Sec- toric building and its site, landscape retary or a SHPO to a certified historic features, and environment, generally structure for the purposes of reviewing referred to herein as a ‘‘property’’ as and evaluating the significance of the defined below. The NPS decision on structure and the ongoing or completed listing a property in the National Reg- rehabilitation work. ister of Historic Places, including National Register of Historic Places boundary determinations, does not means the National Register of dis- limit the scope of review of the reha- tricts, sites, buildings, structures, and
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objects significant in American his- § 67.3 Introduction to certifications of tory, architecture, archeology, engi- significance and rehabilitation and neering, and culture that the Secretary information collection. is authorized to expand and maintain (a) Who may apply: pursuant to section 101(a)(1) of the Na- (1) Ordinarily, only the fee simple tional Historic Preservation Act of owner of the property in question may 1966, as amended. The procedures of the apply for the certifications described in National Register appear in 36 CFR §§ 67.4 and 67.6 hereof. If an application part 60 et seq. for an evaluation of significance or re- Owner means a person, partnership, habilitation project is made by some- corporation, or public agency holding a one other than the fee simple owner, fee-simple interest in a property or any however, the application must be ac- other person or entity recognized by companied by a written statement the Internal Revenue Code for purposes from the fee simple owner indicating of the applicable tax benefits. that he or she is aware of the applica- Property means a building and its site tion and has no objection to the re- and landscape features. quest for certification. Registered Historic District means any (2) Upon request of a SHPO the Sec- district listed in the National Register retary may determine whether or not a or any district which is: particular property located within a (a) Designated under a State or local registered historic district qualifies as statute which has been certified by the a certified historic structure. The Sec- Secretary as containing criteria which retary shall do so, however, only after will substantially achieve the purpose notifying the fee simple owner of of preserving and rehabilitating build- record of the request, informing such ings of significance to the district, and owner of the possible tax consequences (b) Certified by the Secretary as of such a decision, and permitting the meeting substantially all of the re- property owner a 30-day time period to quirements for the listing of districts submit written comments to the Sec- in the National Register. retary prior to decision. Such time pe- Rehabilitation means the process of riod for comment may be waived by the returning a building or buildings to a fee simple owner. state of utility, through repair or al- (3) The Secretary may undertake the teration, which makes possible an effi- certifications described in §§ 67.4 and cient use while preserving those por- 67.6 on his own initiative after noti- tions and features of the building and fying the fee simple owner and the its site and environment which are sig- SHPO and allowing a comment period nificant to its historic, architectural, as specified in § 67.3(a)(2). and cultural values as determined by (4) Owners of properties which appear the Secretary. to meet National Register criteria but Standards for Rehabilitation means the are yet listed in the National Register Secretary’s Standards for Rehabilita- or which are located within potential tion set forth in section 67.7 hereof. historic districts may request prelimi- nary determinations from the Sec- State Historic Preservation Officer retary as to whether such properties means the official within each State may qualify as certified historic struc- designated by the Governor or a State tures when and if the properties or the statute to act as liaison for purposes of potential historic districts in which administering historic preservation they are located are listed in the Na- programs within that State. tional Register. Preliminary deter- State or Local Statute means a law of minations may also be requested for a State or local government desig- properties outside the period or area of nating, or providing a method for the significance of registered historic dis- designation of, a historic district or tricts as specified in § 67.5(c). Proce- districts. dures for obtaining these determina- [54 FR 6771, Feb. 26, 1990, as amended at 62 tions shall be the same as those de- FR 30235, June 3, 1997] scribed in § 67.4. Such determinations
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are preliminary only and are not bind- posed rehabilitation project or, in con- ing on the Secretary. Preliminary de- junction with a Request for Certifi- terminations of significance will be- cation of Completed Work, a certifi- come final as of the date of the listing cation of a completed rehabilitation of the individual property or district in project. Information contained in the the National Register. For properties application is required to obtain a ben- outside the period or area of signifi- efit. Public reporting burden for this cance of a registered historic district, form is estimated to average 2.5 hours preliminary determinations of signifi- per response including the time for re- cance will become final, except as pro- viewing instructions, gathering and vided below, when the district docu- maintaining data, and completing and mentation on file with the NPS is for- reviewing the form. Direct comments mally amended. If during review of a regarding this burden estimate or any request for certification of rehabilita- aspect of this form may be made to the tion, it is determined that the property Chief, Administrative Services Divi- does not contribute to the significance sion, National Park Service, P.O. Box of the district because of changes 37127, Washington, DC 20013–7127 and to which occurred after the preliminary the Office of Management and Budget, determination of significance was Paperwork Reduction Project Number made, certified historic structure des- 1024–0009, Washington, DC 20503. ignation will be denied. (2) Application forms are available (5) Owners of properties not yet des- from NPS regional offices or the ignated certified historic structures SHPOs. may obtain determinations from the (3) Requests for certifications, pre- Secretary on whether or not rehabilita- liminary determinations, and approv- tion proposals meet the Secretary’s als of proposed rehabilitation projects Standards for Rehabilitation. Such de- shall be sent to the SHPO in partici- terminations will be made only when pating States. Requests in nonpartici- the owner has requested a preliminary pating States shall be sent directly to determination of the significance of the appropriate NPS regional office. the property as described in paragraph (4) Generally reviews of certification (a)(4) of this section and such request requests are concluded within 60 days for determination has been acted upon of receipt of a complete, adequately by the NPS. Final certifications of re- documented application, as defined habilitation will be issued only to own- § 67.4 and § 67.6 (30 days at the State ers of certified historic structures. Pro- level and 30 days at the Federal level). cedures for obtaining these determina- Where a State has chosen not to par- tions shall be the same as those de- ticipate in the review process, review scribed in sec. 67.6. by the NPS generally is concluded (b) How to apply: within 60 days of receipt of a complete, (1) Requests for certifications of his- adequately documented application. toric significance and of rehabilitation Where adequate documentation is not shall be made on Historic Preservation provided, the owner will be notified of Certification Applications (NPS Form the additional information needed to No. 10–168). Normally, two copies of the undertake or complete review. The application are required; one to be re- time periods in this part are based on tained by the SHPO and the other to be the receipt of a complete application; forwarded to the NPS. The information they will be adhered to as closely as collection requirements contained in possible and are defined as calendar the application and in this part have days. They are not, however, consid- been approved by the Office of Manage- ered to be mandatory, and the failure ment and Budget under 44 U.S.C. 3507 to complete review within the des- and assigned clearance number 1024– ignated periods does not waive or alter 0009. Part 1 of the application shall be any certification requirement. used in requesting a certification of (5) Approval of applications and historic significance or nonsignificance amendments to applications is con- and preliminary determinations, while veyed only in writing by duly author- part 2 of the application shall be used ized officials of the NPS acting on be- in requesting an evaluation of a pro- half of the Secretary. Decisions with
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respect to certifications are made on contribute to the significance of such the basis of the descriptions contained district. in the application form and other (b) To determine whether or not a available information. In the event of property is individually listed or is any discrepancy between the applica- part of a district in the National Reg- tion form and other, supplementary ister, the owner may consult the list- material submitted with it (such as ar- ing of National Register properties in chitectural plans, drawings, specifica- the FEDERAL REGISTER (found in most tions, etc.), the applicant shall be re- large libraries), or contact the appro- quested to resolve the discrepancy in priate SHPO for current information. writing. In the event the discrepancy is (c) If a property is located within the not resolved, the description in the ap- boundaries of a registered historic dis- plication form shall take precedence. trict and the owner wishes the Sec- Falsification of factual representations retary to certify whether the property in the application is subject to crimi- contributes or does not contribute to nal sanctions of up to $10,000 in fines or the historic significance of the district imprisonment for up to five years pur- or if the owner is requesting a prelimi- suant to 18 U.S.C. 1001. nary determination of significance in (6) It is the owner’s responsibility to accordance with § 67.3(a)(4), the owner notify the Secretary if application re- must complete part 1 of the Historic views are not completed within the Preservation Certification Application time periods specified above. The Sec- according to instructions accom- retary in turn will consult with the ap- panying the application. Such docu- propriate office to ensure that the re- mentation includes but is not limited view is completed in as timely manner to: as possible in the circumstances. (1) Name and mailing address of owner; (7) Although certifications of signifi- (2) Name and address of property; cance and rehabilitation are discussed (3) Name of historic district; separately below, owners must submit (4) Current photographs of property; part 1 of the Historic Preservation Cer- photographs of the building and its site tification Application prior to, or with, and landscape features prior to alter- part 2. Part 2 of the application will ation if rehabilitation has been com- not be processed until an adequately pleted; photograph(s) showing the prop- documented part 1 is on file and acted erty along with adjacent properties and upon unless the property is already a structures on the street; and photo- certified historic structure. Reviews of graphs of interior features and spaces rehabilitation projects will also not be adequate to document significance; undertaken if the owner has objected (5) Brief description of appearance in- to the listing of the property in the Na- cluding alterations, distinctive fea- tional Register. tures and spaces, and date(s) of con- § 67.4 Certifications of historic signifi- struction; cance. (6) Brief statement of significance summarizing how the property does or (a) Requests for certifications of his- does not reflect the values that give toric significance should be made by the district its distinctive historical the owner to determine— and visual character, and explaining (1) That a property located within a any significance attached to the prop- registered historic district is of his- erty itself (i.e., unusual building tech- toric significance to such district; or niques, important event that took (2) That a property located within a place there, etc.). registered historic district is not of (7) Sketch map clearly delineating historic significance to such district; property’s location within the district; or and (3) That a property not yet on the (8) Signature of fee simple owner re- National Register appears to meet Na- questing or concurring in a request for tional Register criteria; or evaluation. (4) That a property located within a (d) If a property is individually listed potential historic district appears to in the National Register, it is generally
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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 the Standards for Evaluating Signifi- property contributes to the signifi- cance within Registered Historic Dis- cance of the district or document the tricts (§ 67.5) for the purpose of deter- individual significance of the property. mining which of the buildings included Applications must contain substan- within the listing are of historic sig- tially the same level of documentation nificance to the property. The require- as National Register nominations, as ments of this paragraph are applicable specified in 36 CFR part 60 and Na- to certification requests received by tional Register Bulletin 16, ‘‘Guidelines the SHPOs (and the NPS regional of- for Completing National Register of fices in the case of nonparticipating Historic Places Forms’’ (available from States only) upon the effective date of SHPOs and NPS regional offices). Ap- these regulations. plications must also include written (e) Properties containing more than assurance from the SHPO that the dis- one building where the buildings are trict nomination is being revised to ex- judged by the Secretary to have been pand its significance or, for certified functionally related historically to districts, written assurance from the serve an overall purpose, such as a mill duly authorized representative that the complex or a residence and carriage district documentation is being revised house, will be treated as a single cer- to expand its significance, or that the tified historic structure, whether the SHPO is planning to nominate the property is individually listed in the property or the district. Owners should National Register or is located within understand that confirmation of intent a registered historic district, when re- to nominate by a SHPO does not con- habilitated as part of an overall stitute listing in the National Register, project. Buildings that are functionally nor does it constitute a certification of related historically are those which significance as required by law for Fed- have functioned together to serve an eral tax incentives. Owners should fur- overall purpose during the property’s ther understand that they are pro- period of significance. In the case of a ceeding at their own risk. If the prop- property within a registered historic erty or district is not listed in the Na- district which contains more than one tional Register for procedural, sub- building where the buildings are judged stantive or other reasons; if the dis- to be functionally related historically, trict documentation is not formally an evaluation will be made to deter- amended; or if the significance of the mine whether the component buildings property has been lost as a result of al- contribute to the historic significance terations or damage, these preliminary of the property and whether the prop- determinations of significance will not erty contributes to the significance of become final. The SHPO must nomi- the historic district as in § 67.4(i). For nate the property or the district or the questions concerning demolition of SHPO for National Register districts
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and the duly authorized representative cance; consequently, a moved building in the case of certified districts must may, in certain circumstances, be in- submit documentation and have it ap- eligible for rehabilitation certification. proved by the NPS to amend the Na- (1) Documentation must be sub- tional Register nomination or certified mitted that demonstrates: district or the property or district (i) The effect of the move on the must be listed before the preliminary building’s integrity and appearance certification of significance can be- (any proposed demolition, proposed come final. changes in foundations, etc.); (g) For purposes of the other rehabili- tation tax credits under sec. 48(g) of (ii) Photographs of the site and gen- the Internal Revenue Code, properties eral environment of the proposed site; within registered historic districts are (iii) Evidence that the proposed site presumed to contribute to the signifi- does not possess historical significance cance of such districts unless certified that would be adversely affected by the as nonsignificant by the Secretary. moved building; Owners of nonhistoric properties with- (iv) The effect of the move on the dis- in registered historic districts, there- tinctive historical and visual character fore, must obtain a certification of of the district, where applicable; and nonsignificance in order to qualify for (v) The method to be used for moving those investment tax credits. If an the building. owner begins or completes a substan- (2) For buildings individually listed tial alteration (within the meaning of in the National Register, the proce- sec. 167(n) of the Internal Revenue Code) of a property in a registered his- dures contained in 36 CFR part 60 must toric district without knowledge of re- be followed prior to the move, or the quirements for certification of non- building will be removed from the Na- significance, he or she may request cer- tional Register, will not be considered tification that the property was not of a certified historic structure, and will historic significance to the district have to be renominated for listing. The prior to substantial alteration in the owner may submit a part 1 application same manner as stated in sec. 67.4(c). in order to receive a preliminary deter- The owner should be aware, however, of mination from the NPS of whether a the requirements under sec. 48(g) of the move will cause the property to be re- Internal Revenue Code that the tax- moved from the National Register. payer must certify to the Secretary of However, preliminary approval of such the Treasury that, at the beginning of a part 1 application does not satisfy such substantial alteration, he or she the requirements of 36 CFR part 60. The in good faith was not aware of the cer- SHPO must follow the remaining pro- tification requirement by the Sec- cedures in that regulation so that the retary of the Interior. NPS can determine that the moved (h) The Secretary discourages the building will remain listed in the Na- moving of historic buildings from their original sites. However, if a building is tional Register and retain its status as to be moved as part of a rehabilitation a certified historic structure. for which certification is sought, the (3) If an owner moves (or proposes to owner must follow different procedures move) a building into a registered his- depending on whether the building is toric district or moves (or proposes to individually listed in the National Reg- move) a building elsewhere within a ister or is within a registered historic registered historic district, a part 1 ap- district. When a building is moved, plication containing the required infor- every effort should be made to re-es- mation described in paragraph (h)(1) of tablish its historic orientation, imme- this section must be submitted. The diate setting, and general environment. building to be moved will be evaluated Moving a building may result in re- to determine if it contributes to the moval of the property from the Na- historic significance of the district tional Register or, for buildings within both before and after the move as in a registered historic district, denial or § 67.4(i). revocation of a certification of signifi-
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(i) Properties within registered his- development; or one where the loca- toric districts will be evaluated to de- tion, design, setting, materials, work- termine if they contribute to the his- manship, feeling and association have toric significance of the district by ap- been so altered or have so deteriorated plication of the Secretary’s Standards that the overall integrity of the build- for Evaluating Significance within ing has been irretrievably lost. Registered Historic Districts as set (3) Ordinarily buildings that have forth in § 67.5. been built within the past 50 years (j) Once the significance of a prop- shall not be considered to contribute to erty located within a registered his- the significance of a district unless a toric district or a potential historic strong justification concerning their district has been determined by the historical or architectural merit is Secretary, written notification will be given or the historical attributes of the sent to the owner and the SHPO in the district are considered to be less than form of a certification of significance 50 years old. or nonsignificance. (b) A condemnation order may be (k) Owners shall report to the Sec- presented as evidence of physical dete- retary through the SHPO any substan- rioration of a building but will not of tial damage, alteration or changes to a itself be considered sufficient evidence property that occurs after issuance of a to warrant certification of nonsignifi- certification of significance and prior cance for loss of integrity. In certain to a final certification of rehabilita- cases it may be necessary for the owner tion. The Secretary may withdraw a to submit a structural engineer’s re- certification of significance, upon thir- port to help substantiate physical dete- ty days notice to the owner, if a prop- rioration and/or structural damage. erty has been damaged, altered or Guidance on preparing a structural en- changed effective as of the date of the gineer’s report is available from the occurrence. The property may also be appropriate SHPO or NPS regional of- removed from the National Register, in fice. accordance with the procedures in 36 (c) Some properties listed in the Na- CFR part 60. A revocation of certifi- tional Register, primarily districts, are cation of significance pursuant to this resources whose concentration or con- part may be appealed under § 67.10. For tinuity possesses greater historical sig- damage, alteration or changes caused nificance than many of their individual by unacceptable rehabilitation work, component buildings and structures. see § 67.6(f). These usually are documented as a group rather than individually. Accord- § 67.5 Standards for Evaluating Sig- ingly, this type of National Register nificance within Registered His- documentation is not conclusive for toric Districts. the purposes of this part and must be (a) Properties located within reg- supplemented with information on the istered historic districts are reviewed significance of the specific property. by the Secretary to determine if they Certifications of significance and non- contribute to the historic significance significance will be made on the basis of the district by applying the fol- of the application documentation, ex- lowing Standards for Evaluating Sig- isting National Register documenta- nificance within Registered Historic tion, and other available information Districts. as needed. The Keeper may amend the (1) A building contributing to the his- National Register documentation by toric significance of a district is one issuing a supplementary record if the which by location, design, setting, ma- application material warrants such an terials, workmanship, feeling and asso- amendment. If a certification request ciation adds to the district’s sense of is received for a property which is not time and place and historical develop- yet listed on the National Register or ment. which is outside a district’s established (2) A building not contributing to the period or area of significance, a pre- historic significance of a district is one liminary determination of significance which does not add to the district’s will be issued only if the request in- sense of time and place and historical cludes adequate documentation and if
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there is written assurance from the tures to be certified by the Secretary SHPO that the SHPO plans to nomi- as being consistent with the historic nate the property or district or that character of the structure, and, where the district nomination in question is applicable, the district in which the being revised to expand its significance structure is located, thus qualifying as or for certified districts, written assur- a certified rehabilitation, shall comply ance from the duly authorized rep- with the procedures listed below. A fee, resentative that the district docu- as described in § 67.11, for reviewing all mentation is being revised to expand proposed, ongoing, or completed reha- the significance. Certifications will be- bilitation work is charged by the Sec- come final when the property or dis- retary. No certification decisions will trict is listed or when the district doc- be issued on any application until the umentation is officially amended un- appropriate remittance is received. less the significance of the property (1) To initiate review of a rehabilita- has been lost as a result of alteration tion project for certification purposes, or damage. For procedures on amend- an owner must complete part 2 of the ing listings to the National Register Historic Preservation Certification Ap- and additional information on the use plication according to instructions ac- of National Register documentation companying the application. These in- and the supplementary record which is structions explain in detail the docu- contained in National Register Bul- mentation required for certification of letin 19, ‘‘Policies and Procedures for a rehabilitation project. The applica- Processing National Register Nomina- tion may describe a proposed rehabili- tions,’’ consult the appropriate SHPO or NPS regional office. tation project, a project in progress, or (d) Where rehabilitation credits are a completed project. In all cases, docu- sought, certifications of significance mentation, including photographs ade- will be made on the appearance and quate to document the appearance of condition of the property before reha- the structure(s), both on the exterior bilitation was begun. and on the interior, and its site and en- (e) If a nonhistoric surface material vironment prior to rehabilitation must obscures a facade, it may be necessary accompany the application. The social for the owner to remove a portion of security or taxpayer identification the surface material prior to request- number(s) of all owners must be pro- ing certification so that a determina- vided in the application. Other docu- tion of significance or nonsignificance mentation, such as window surveys or can be made. After the material has cleaning specifications, may be re- been removed, if the obscured facade quired by reviewing officials to evalu- has retained substantial historic integ- ate certain rehabilitation projects. rity and the property otherwise con- Plans for any attached, adjacent, or re- tributes to the historic district, it will lated new construction must also ac- be determined to be a certified historic company the application. Where nec- structure. However, if the obscuring essary documentation is not provided, material remains when a determina- review and evaluation may not be com- tion of nonsignificance is requested pleted and a denial of certification will under § 67.4(a)(2), the property will be be issued on the basis of lack of infor- presumed to contribute to the historic mation. Owners are strongly encour- significance of the district, if otherwise aged to submit part 2 of the application qualified, and, therefore, not eligible prior to undertaking any rehabilitation for the other tax credits under section work. Owners who undertake rehabili- 48(g) of the Internal Revenue Code. tation projects without prior approval (f) Additional guidance on certifi- from the Secretary do so strictly at cations of historic significance is avail- their own risk. Because the cir- able from SHPOs and NPS regional of- cumstances of each rehabilitation fices. project are unique to the particular certified historic structure involved, § 67.6 Certifications of rehabilitation. certifications that may have been (a) Owners who want rehabilitation granted to other rehabilitations are projects for certified historic struc- not specifically applicable and may not
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be relied on by owners as applicable to project subject to review hereunder, other projects. the Secretary may choose to deny a re- (2) A project does not become a cer- habilitation certification or to with- tified rehabilitation until it is com- hold a decision on such a certification pleted and so designated by the NPS. A until such time as the Internal Rev- determination that the completed re- enue Service, through a private letter habilitation of a property not yet des- ruling, has determined, pursuant to ignated a certified historic structure these regulations and applicable provi- meets the Secretary’s Standards for sions of the Internal Revenue Code and Rehabilitation does not constitute a income tax regulations, the proper certification of rehabilitation. When scope of the rehabilitation project to requesting certification of a completed be reviewed by the Secretary. Factors rehabilitation project, the owner shall to be taken into account by the Sec- submit a Request for Certification of retary and the Internal Revenue Serv- Completed Work (NPS Form 10–168c) ice in this regard include, but are not and provide the project completion limited to, the facts and circumstance date and a signed statement that the of each application and (i) whether pre- completed rehabilitation project meets vious demolition, construction or reha- the Secretary’s Standards for Rehabili- bilitation work irrespective of owner- tation and is consistent with the work ship or control at the time was in fact described in part 2 of the Historic Pres- undertaken as part of the rehabilita- ervation Certification Application. tion project for which certification is Also required in requesting certifi- sought, and (ii) whether property con- cation of a completed rehabilitation veyances, reconfigurations, ostensible project are costs attributed to the re- ownership transfers or other trans- habilitation, photographs adequate to actions were transactions which pur- document the completed rehabilita- portedly limit the scope of a rehabili- tion, and the social security or tax- tation project for the purpose of review payer identification number(s) of all by the Secretary without substantially owners. altering beneficial ownership or con- (b) A rehabilitation project for cer- trol of the property. The fact that a tification purposes encompasses all property may still qualify as a cer- work on the interior and exterior of tified historic structure after having the certified historic structure(s) and undergone inappropriate rehabilita- its site and environment, as deter- tion, construction or demolition work mined by the Secretary, as well as re- does not preclude the Secretary or the lated demolition, new construction or Internal Revenue Service from deter- rehabilitation work which may affect mining that such inappropriate work is the historic qualities, integrity or site, part of the rehabilitation project to be landscape features, and environment of reviewed by the Secretary. the certified historic structure(s). More (3) Conformance to the Standards specific considerations in this regard will be determined on the basis of the are as follows: application documentation and other (1) All elements of the rehabilitation available information by evaluating project must meet the Secretary’s ten the property as it existed prior to the Standards for Rehabilitation (§ 67.7); commencement of the rehabilitation portions of the rehabilitation project project, regardless of when the prop- not in conformance with the Standards erty becomes or became a certified his- may not be exempted. In general, an toric structure. owner undertaking a rehabilitation (4) For rehabilitation projects involv- project will not be held responsible for ing more than one certified historic prior rehabilitation work not part of structure where the structures are the current project, or rehabilitation judged by the Secretary to have been work that was undertaken by previous functionally related historically to owners or third parties. serve an overall purpose, such as a mill (2) However, if the Secretary con- complex or a residence and carriage siders or has reason to consider that a house, rehabilitation certification will project submitted for certification does be issued on the merits of the overall not include the entire rehabilitation project rather than for each structure
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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 48(g) 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 re- sult in denial of certification of the re- habilitation 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 structure as in § 67.4(a). In rehabilita- later phase of a 60-month phased tion projects where the structures have project that was previously submitted been determined to be functionally re- for review. Owners are cautioned that lated historically, demolition of a com- work undertaken in a later phase of a ponent may be approved, in limited cir- 60-month phased project that does not cumstances, when: meet the Standards for Rehabilitation, (i) The component is outside the pe- whether or not submitted for review, riod of significance of the property, or will result in a denial of certification (ii) The component is so deteriorated of the entire rehabilitation with the or altered that its integrity has been tax consequences of such a denial to be irretrievably lost; or determined by the Secretary of the (iii) The component is a secondary Treasury. Separate certifications for one that generally lacks historic, engi- portions of phased rehabilitation neering, or architectural significance projects will not be issued. Rather the or does not occupy a major portion of owner will be directed to comply with the site and persuasive evidence is Internal Revenue Service regulations present to show that retention of the governing late certifications contained component is not technically or eco- in 26 CFR 1.48–12. nomically feasible. (c) Upon receipt of the complete ap- (6) In situations involving rehabilita- plication describing the rehabilitation tion of a certified historic structure in project, the Secretary shall determine a historic district, the Secretary will if the project is consistent with the review the rehabilitation project first Standards for Rehabilitation. If the as it affects the certified historic project does not meet the Standards structure and second as it affects the for Rehabilitation, the owner shall be district and make a certification deci- advised of that fact in writing and, sion accordingly. where possible, will be advised of nec- (7) In the event that an owner of a essary revisions to meet such Stand- portion of a certified historic structure ards. For additional procedures regard- requests certification for a rehabilita- ing rehabilitation projects determined tion project related only to that por- not to meet the Standards for Rehabili- tion, but there is or was a larger re- tation, see § 67.6(f). lated rehabilitation project(s) occur- (d) Once a proposed or ongoing ring with respect to the certified his- project has been approved, substantive toric structure, the Secretary’s deci- changes in the work as described in the
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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 meet the Standards. Oral approvals of the long-term preservation of a prop- revisions are not authorized or valid. erty’s significance through the preser- (e) Completed projects may be in- vation of historic materials and fea- spected by an authorized representa- tures. The Standards pertain to his- tive of the Secretary to determine if toric buildings of all materials, con- the work meets the Standards for Re- struction types, sizes, and occupancy habilitation. The Secretary reserves and encompass the exterior and the in- the right to make inspections at any terior of historic buildings. The Stand- time up to five years after completion ards also encompass related landscape of the rehabilitation and to revoke a features and the building’s site and en- certification, after giving the owner 30 vironment, as well as attached, adja- days to comment on the matter, if it is cent, or related new construction. To determined that the rehabilitation be certified, a rehabilitation project project was not undertaken as rep- must be determined by the Secretary resented by the owner in his or her ap- to be consistent with the historic char- plication and supporting documenta- acter of the structure(s) and, where ap- tion, or the owner, upon obtaining cer- plicable, the district in which it is lo- tification, undertook further unap- cated. proved project work inconsistent with (b) The following Standards are to be the Secretary’s Standards for Rehabili- applied to specific rehabilitation tation. The tax consequences of a rev- projects in a reasonable manner, tak- ocation of certification will be deter- mined by the Secretary of the Treas- ing into consideration economic and ury. technical feasibility. (The application (f) If a proposed, ongoing, or com- of these Standards to rehabilitation pleted rehabilitation project does not projects is to be the same as under the meet the Standards for Rehabilitation, previous version so that a project pre- an explanatory letter will be sent to viously acceptable would continue to the owner with a copy to the SHPO. A be acceptable under these Standards.) rehabilitated property not in conform- (1) A property shall be used for its ance with the Standards for Rehabili- historic purpose or be placed in a new tation and which is determined to have use that requires minimal change to lost those qualities which caused it to the defining characteristics of the be nominated to the National Register, building and its site and environment. will be removed from the National Reg- (2) The historic character of a prop- ister in accord with Department of the erty shall be retained and preserved. Interior regulations 36 CFR part 60. The removal of historic materials or Similarly, if a property has lost those alteration of features and spaces that qualities which caused it to be des- characterize a property shall be avoid- ignated a certified historic structure, ed. it will be certified as noncontributing (3) Each property shall be recognized (see § 67.4 and § 67.5). In either case, the as a physical record of its time, place, delisting or certification of nonsignifi- cance is considered effective as of the and use. Changes that create a false date of issue and is not considered to sense of historical development, such be retroactive. In these situations, the as adding conjectural features or archi- Internal Revenue Service will be noti- tectural elements from other buildings, fied of the substantial alterations. The shall not be undertaken.
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(4) Most properties change over time; to: improper repointing techniques; im- those changes that have acquired his- proper exterior masonry cleaning toric significance in their own right methods; or improper introduction of shall be retained and preserved. insulation where damage to historic (5) Distinctive features, finishes, and fabric would result. In almost all situa- construction techniques or examples of tions, use of these materials and treat- craftsmanship that characterize a his- ments will result in denial of certifi- toric property shall be preserved. cation. Similarly, exterior additions (6) Deteriorated historic features that duplicate the form, material, and shall be repaired rather than replaced. detailing of the structure to the extent Where the severity of deterioration re- that they compromise the historic quires replacement of a distinctive fea- character of the structure will result in ture, the new feature shall match the denial of certification. For further in- old in design, color, texture, and other formation on appropriate and inappro- visual qualities and, where possible, priate rehabilitation treatments, own- materials. Replacement of missing fea- ers are to consult the Guidelines for tures shall be substantiated by docu- Rehabilitating Historic Buildings pub- mentary, physical, or pictorial evi- lished by the NPS. ‘‘Preservation dence. Briefs’’ and additional technical infor- (7) Chemical or physical treatments, mation to help property owners formu- such as sandblasting, that cause dam- late plans for the rehabilitation, pres- age to historic materials shall not be ervation, and continued use of historic used. The surface cleaning of struc- properties consistent with the intent of tures, if appropriate, shall be under- the Secretary’s Standards for Rehabili- taken using the gentlest means pos- tation are available from the SHPOs sible. and NPS regional offices. Owners are (8) Significant archeological re- responsible for procuring this material sources affected by a project shall be as part of property planning for a cer- protected and preserved. If such re- tified rehabilitation. sources must be disturbed, mitigation (d) In certain limited cases, it may be measures shall be undertaken. necessary to dismantle and rebuild por- (9) New additions, exterior alter- tions of a certified historic structure to ations, or related new construction stabilize and repair weakened struc- shall not destroy historic materials tural members and systems. In such that characterize the property. The cases, the Secretary will consider such new work shall be differentiated from extreme intervention as part of a cer- the old and shall be compatible with tified rehabilitation if: the massing, size, scale, and architec- (1) The necessity for dismantling is tural features to protect the historic justified in supporting documentation; integrity of the property and its envi- (2) Significant architectural features ronment. and overall design are retained; and (10) New additions and adjacent or re- (3) Adequate historic materials are lated new construction shall be under- retained to maintain the architectural taken in such a manner that if re- and historic integrity of the overall moved in the future, the essential form structure. and integrity of the historic property Section 48(g) of the Internal Revenue and its environment would be Code of 1986 exempts certified historic unimpaired. structures from meeting the physical (c) The quality of materials and test for retention of external walls and craftsmanship used in a rehabilitation internal structural framework speci- project must be commensurate with fied therein for other rehabilitated the quality of materials and craftsman- buildings. Nevertheless, owners are ship of the historic building in ques- cautioned that the Standards for Reha- tion. Certain treatments, if improperly bilitation require retention of distin- applied, or certain materials by their guishing historic materials of external physical properties, may cause or ac- and internal walls as well as structural celerate physical deterioration of his- systems. In limited instances, rehabili- toric buildings. Inappropriate physical tations involving removal of existing treatments include, but are not limited external walls, i.e., external walls that
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detract from the historic character of (b) When the certification of State the structure such as in the case of a statutes will have an impact on dis- nonsignificant later addition or walls tricts in specific localities, the Sec- that have lost their structural integ- retary encourages State governments rity due to deterioration, may be cer- to notify and consult with appropriate tified as meeting the Standards for Re- local officials prior to submitting a re- habilitation. quest for certification of the statute. (e) Prior approval of a project by (c) State enabling legislation which Federal, State, and local agencies and authorizes local governments to des- organizations does not ensure certifi- ignate, or provides local governments cation by the Secretary for Federal tax with a method to designate, a historic purposes. The Secretary’s Standards district or districts will not be cer- for Rehabilitation take precedence tified unless accompanied by local over other regulations and codes in de- statutes that implement the purposes termining whether the rehabilitation of the State law. Adequate State stat- project is consistent with the historic utes which designate specific historic character of the property and, where districts and do not require specific im- applicable, the district in which it is plementing local statutes will be cer- located. tified. If the State enabling legislation (f) The qualities of a property and its contains provisions which do not meet environment which qualify it as a cer- the intent of the law, local statutes tified historic structure are determined designated under the authority of the taking into account all available infor- enabling legislation will not be cer- mation, including information derived tified. When State enabling legislation from the physical and architectural at- exists, it must be certified before any tributes of the building; such deter- local statutes enacted under its au- minations are not limited to informa- thority can be certified. tion contained in National Register or (d) Who may apply. Requests for cer- related documentation. tification of State or local statutes may be made only by the Chief Elected § 67.8 Certifications of statutes. Official of the government which en- (a) State or local statutes which will acted the statute or his or her author- be certified by the Secretary. For the ized representative. The applicant shall purpose of this regulation, a State or certify in writing that he or she is au- local statute is a law of the State or thorized by the appropriate State or local government designating, or pro- local governing body to apply for cer- viding a method for the designation of, tification. a historic district or districts. This in- (e) Statute certification process. Re- cludes any by-laws or ordinances that quests for certification of State or contain information necessary for the local statutes shall be made as follows: certification of the statute. A statute (1) The request shall be made in writ- must contain criteria which will sub- ing from the duly authorized represent- stantially achieve the purpose of pre- ative certifying that he or she is au- serving and rehabilitating properties of thorized to apply for certification. The historic significance to the district. To request should include the name or be certified by the Secretary, the stat- title of a person to contact for further ute generally must provide for a duly information and his or her address and designated review body, such as a re- telephone number. The authorized rep- view board or commission, with power resentative is responsible for providing to review proposed alterations to struc- historic district documentation for re- tures of historic significance within view and certification prior to the first the boundaries of the district or dis- certification of significance in a dis- tricts designated under the statute ex- trict unless another responsible person cept those owned by governmental en- is indicated including his or her ad- tities which, by law, are not under the dress and telephone number. The re- jurisdiction of the review body. quest shall also include a copy of the
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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 regional of- SHPO 30 days in which to comment fices in nonparticipating States. prior to the withdrawal of certifi- (3) The Secretary shall review the cation. statute(s) and assess whether the stat- ute(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- view process. If the statute(s) contain (b) The provision described herein such provisions and if this and other will not apply to properties within a provisions in the statute will substan- State or local district until the district tially achieve the purpose of preserving has been certified, even if the statute and rehabilitating properties of his- creating the district has been certified toric significance to the district, the by the Secretary. Secretary will certify the statute(s). (c) The Secretary considers the duly (4) The Secretary generally provides authorized representative requesting written notification within 30 days of certification of a statute to be the offi- receipt by the NPS to the duly author- cial responsible for submitting district ized representative and to the SHPO documentation for certification. If an- when certification of the statute is other person is to assume responsi- given or denied. If certification is de- bility for the district documentation, nied, the notification will provide an the letter requesting statute certifi- explanation of the reason(s) for such cation shall indicate that person’s denial. name, address, and telephone number. (f) Amendment or repeal of stat- The Secretary considers the author- ute(s). State or local governments, as izing statement of the duly authorized appropriate, must notify the Secretary representative to indicate that the ju- in the event that certified statutes are risdiction involved wishes not only repealed, whereupon the certification that the statute in question be cer- of the statute (and any districts des- tified but also wishes all historic dis- ignated thereunder) will be withdrawn tricts designated by the statute to be by the Secretary. If a certified statute certified unless otherwise indicated. is amended, the duly authorized rep- (d) Requests shall be sent to the resentative shall submit the amend- SHPO in participating States and di- ment(s) to the Secretary, with a copy rectly to the appropriate NPS regional to the SHPO, for review in accordance office in nonparticipating States. The with the procedures outlined above. SHPO shall be given a 30-day oppor- Written notification of the Secretary’s tunity to comment upon an adequately decision as to whether the amended documented request. Comments re- statute continues to meet these cri- ceived from the SHPO within this time
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period will be considered by the Sec- tional Register at the time time of cer- retary in the review process. The tification and will be published as such guidelines in National Register Bul- in the FEDERAL REGISTER. letin 16, ‘‘Guidelines for Completing (h) Documentation on additional dis- National Register of Historic Places tricts designated under a State or local Forms,’’ provide information on how to statute the has been certified by the document historic districts for the Na- Secretary should be submitted to the tional Register. Each request should Secretary for certification following include the following 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 of contributing and noncontributing disqualifying them as registered his- properties; the map should clearly toric districts. show the district’s boundaries. (j) The Secretary may withdraw cer- (5) Photographs of typical areas in tification of a district on his own ini- the district as well as major types of tiative if it ceases to meet the National contributing and noncontributing prop- Register Criteria for Evaluation after erties; all photographs should be keyed providing the duly authorized rep- to the map. resentative and the SHPO 30 days in (e) Districts designated by certified which to comment prior to withdrawal State or local statutes shall be evalu- of certification. ated using the National Register cri- (k) The Secretary urges State and teria (36 CFR part 60) within 30 days of local review boards of commissions to the receipt of the required documenta- become familiar with the Standards tion by the Secretary. Written notifi- used by the Secretary of the Interior cation of the Secretary’s decision will for certifying the rehabilitation of his- be sent to the duly authorized rep- toric properties and to consider their resentative or to the person designated adoption for local design review. as responsible for the district docu- mentation. § 67.10 Appeals. (f) Certification of statutes and dis- (a) An appeal by the owner, or duly tricts does not constitute certification authorized representative as appro- of significance of individual properties priate, may be made from any of the within the district or of rehabilitation certifications or denials of certifi- projects by the Secretary. cation made pursuant to this part or (g) Districts certified by the Sec- any decisions made pursuant to retary as substantially meeting the re- § 67.6(f). Such appeals must be in writ- quirements for listing will be deter- ing and received by the Chief Appeals mined eligible for listing in the Na- Officer, Cultural Resources, National
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Park Service, U.S. Department of the NPS officials. The Chief Appeals Offi- Interior, P.O. Box 37127, Washington, cer’s decision may: DC 20013–7127, within 30 days of receipt (1) Reverse the appealed decision; of the decision which is the subject of (2) Affirm the appealed decision; the appeal. The appellant may request (3) Resubmit the matter to the appro- an opportunity for a meeting to discuss priate Regional Director for further the appeal but all information the consideration; or owner wishes the Chief Appeals Officer (4) Where appropriate, withhold a de- to consider must be submitted in writ- cision until issuance of a ruling from ing. The SHPO will be notified that an the Internal Revenue Service pursuant appeal is pending. The Chief Appeals to § 67.6(b)(2). Officer will consider the record of the The Chief Appeals Officer may base his decision in question, any further writ- decision in whole or part on matters or ten submissions by the owner, and factors not discussed in the decision other available information and shall appealed from. The Chief Appeals Offi- provide the appellant a written deci- cer is authorized to issue the certifi- sion as promptly as circumstances per- cations discussed in this part only if he mit. Such appeals constitute an admin- considers that the requested certifi- istrative review of the decision ap- cation meets the applicable statutory pealed from and are not conducted as standard upon application of the an adjudicative proceeding. Standards set forth herein or he con- (b) The denial of a preliminary deter- siders that prejudicial procedural error mination of significance for an indi- by a Federal official legally compels vidual property may not be appealed by issuance of the requested certification. the owner because the denial itself does (d) The decision of the Chief Appeals not exhaust the administrative remedy Officer shall be the final administra- that is available. The owner instead tive decision on the appeal. No person must seek recourse by undertaking the shall be considered to have exhausted usual nomination process (36 CFR part his or her administrative remedies 60). Similarly, the denial of prelimi- with respect to the certifications or de- nary certification for a rehabilitation cisions described in this part until the for a rehabilitation project for a prop- Chief Appeals Officer has issued a final erty that is not a certified historic administrative decision pursuant to structure may not be appealed. The this section. owner must seek a final certification of significance as the next step, rather § 67.11 Fees for processing rehabilita- than appealing the denial of rehabilita- tion certification requests. tion certification. Administrative re- (a) Fees are charged for reviewing re- views in these circumstances may be habilitation certification requests in performed at the discretion of the accordance with the schedule below. Chief Appeals Officer. The decision to (b) Payment shall not be made until undertaken an administrative review requested by the NPS regional office will be made on a case-by-case basis, according to instructions accom- depending on particular facts and cir- panying the Historic Preservation Cer- cumstances and the Chief Appeals Offi- tification Application. All checks shall cer’s schedule, the expected date for be made payable to: National Park Serv- nomination, and the nature of the re- ices. A certification decision will not be habilitation project (proposed, ongo- issued on an application until the ap- ing, or completed). Administrative re- propriate remittance is received. Fees views of rehabilitation projects will are nonrefundable. not be undertaken if the owner has ob- (c) The fee for review of proposed or jected to the listing of the property in ongoing rehabilitation projects for the National Register. projects over $20,000 is $250. The fees for (c) In considering such appeals or ad- review of completed rehabilitation ministrative reviews, the Chief Appeals projects are based on the dollar Officer shall take in account alleged amount of the costs attributed solely errors in professional judgment or al- to the rehabilitation of the certified leged prejudicial procedural errors by historic structure as provided by the
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owner in the Historic Preservation Cer- PART 68—THE SECRETARY OF THE tification Application, Request for Cer- INTERIOR’S STANDARDS FOR THE tification of Completed Work (NPS TREATMENT OF HISTORIC PROP- Form 10–168c), as follows: ERTIES Fee Size of rehabilitation Sec. $500 $20,000 to $99,999 68.1 Intent. $800 $100,000 to $499,999 68.2 Definitions. $1,500 $500,000 to $999,999 68.3 Standards. $2,500 $1,000,000 or more AUTHORITY: The National Historic Preser- vation Act of 1966, as amended (16 U.S.C. 470 If review of a proposed or ongoing re- et seq.); sec. 2124 of the Tax Reform Act of habilitation project had been under- 1976, 90 Stat. 1918; EO 11593, 3 CFR part 75 taken by the Secretary prior to sub- (1971); sec. 2 of Reorganization Plan No. 3 of mission of Request for Certification of 1950 (64 Stat. 1262). Completed Work, the initial fee of $250 SOURCE: 60 FR 35843, July 12, 1995, unless will be deducted from these fees. No fee otherwise noted. will be charged for rehabilitations § 68.1 Intent. under $20,000. (d) In general, each rehabilitation of The intent of this part is to set forth a separate certified historic structure standards for the treatment of historic will be considered a separate project properties containing standards for preservation, rehabilitation, restora- for purposes of computing the size of tion and reconstruction. These stand- the fee. ards apply to all proposed grant-in-aid (1) In the case of a rehabilitation development projects assisted through project which includes more than one the National Historic Preservation certified historic structure where the Fund. 36 CFR part 67 focuses on ‘‘cer- structures are judged by the Secretary tified historic structures’’ as defined by to have been functionally related his- the IRS Code of 1986. Those regulations torically to serve an overall purpose, are used in the Preservation Tax Incen- the fee for preliminary review is $250 tives Program. 36 CFR part 67 should and the fee for final review is computed continue to be used when property on the basis of the total rehabilitation owners are seeking certification for costs. Federal tax benefits. (2) In the case of multiple building projects where there is no historic § 68.2 Definitions. functional relationship amont the The standards for the treatment of structures and which are under the historic properties will be used by the same ownership; are located in the National Park Service and State his- same historic district; are adjacent or toric preservation officers and their contiguous; are of the same architec- staff members in planning, under- tural type (e.g., rowhouses, loft build- taking and supervising grant-assisted projects for preservation, rehabilita- ings, commercial buildings); and are tion, restoration and reconstruction. submitted by the owner for review at For the purposes of this part: the same time, the fee for preliminary (a) Preservation means the act or review is $250 per structure to a max- process of applying measures necessary imum of $2,500 and the fee for final re- to sustain the existing form, integrity view is computed on the basis of the and materials of an historic property. total rehabilitation costs of the entire Work, including preliminary measures multiple building project to a max- to protect and stabilize the property, imum of $2,500. If the $2,500 maximum generally focuses upon the ongoing fee was paid at the time of review of maintenance and repair of historic ma- the proposed or ongoing rehabilitation terials and features rather than exten- project, no further fee will be charged sive replacement and new construction. for review of a Request for Certifi- New exterior additions are not within cation of Completed Work. the scope of this treatment; however, the limited and sensitive upgrading of
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mechanical, electrical and plumbing that characterize a property will be systems and other code-required work avoided. to make properties functional is appro- (3) Each property will be recognized priate within a preservation project. as a physical record of its time, place (b) Rehabilitation means the act or and use. Work needed to stabilize, con- process of making possible an efficient solidate and conserve existing historic compatible use for a property through materials and features will be phys- repair, alterations and additions while ically and visually compatible, identi- preserving those portions or features fiable upon close inspection and prop- that convey its historical, cultural or erly documented for future research. architectural values. (4) Changes to a property that have (c) Restoration means the act or proc- acquired historic significance in their ess of accurately depicting the form, own right will be retained and pre- features and character of a property as served. it appeared at a particular period of (5) Distinctive materials, features, time by means of the removal of fea- finishes and construction techniques or tures from other periods in its history examples of craftsmanship that charac- and reconstruction of missing features terize a property will be preserved. from the restoration period. The lim- (6) The existing condition of historic ited and sensitive upgrading of me- features will be evaluated to determine chanical, electrical and plumbing sys- the appropriate level of intervention tems and other code-required work to needed. Where the severity of deterio- make properties functional is appro- ration requires repair or limited re- priate within a restoration project. placement of a distinctive feature, the (d) Reconstruction means the act or new material will match the old in process of depicting, by means of new composition, design, color and texture. construction, the form, features and (7) Chemical or physical treatments, detailing of a non-surviving site, land- if appropriate, will be undertaken scape, building, structure or object for using the gentlest means possible. the purpose of replicating its appear- Treatments that cause damage to his- ance at a specific period of time and in toric materials will not be used. its historic location. (8) Archeological resources will be protected and preserved in place. If § 68.3 Standards. such resources must be disturbed, miti- One set of standards—preservation, gation measures will be undertaken. rehabilitation, restoration or recon- (b) Rehabilitation. (1) A property will struction—will apply to a property un- be used as it was historically or be dergoing treatment, depending upon given a new use that requires minimal the property’s significance, existing change to its distinctive materials, fea- physical condition, the extent of docu- tures, spaces and spatial relationships. mentation available and interpretive (2) The historic character of a prop- goals, when applicable. The standards erty will be retained and preserved. will be applied taking into consider- The removal of distinctive materials or ation the economic and technical feasi- alteration of features, spaces and spa- bility of each project. tial relationships that characterize a (a) Preservation. (1) A property will be property will be avoided. used as it was historically, or be given (3) Each property will be recognized a new use that maximizes the retention as a physical record of its time, place of distinctive materials, features, and use. Changes that create a false spaces and spatial relationships. Where sense of historical development, such a treatment and use have not been as adding conjectural features or ele- identified, a property will be protected ments from other historic properties, and, if necessary, stabilized until addi- will not be undertaken. tional work may be undertaken. (4) Changes to a property that have (2) The historic character of a prop- acquired historic significance in their erty will be retained and preserved. own right will be retained and pre- The replacement of intact or repairable served. historic materials or alteration of fea- (5) Distinctive materials, features, tures, spaces and spatial relationships finishes and construction techniques or
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examples of craftsmanship that charac- ical periods will be documented prior terize a property will be preserved. to their alteration or removal. (6) Deteriorated historic features will (5) Distinctive materials, features, be repaired rather than replaced. finishes and construction techniques or Where the severity of deterioration re- examples of craftsmanship that charac- quires replacement of a distinctive fea- terize the restoration period will be ture, the new feature will match the preserved. old in design, color, texture and, where (6) Deteriorated features from the possible, materials. Replacement of restoration period will be repaired missing features will be substantiated rather than replaced. Where the sever- by documentary and physical evidence. ity of deterioration requires replace- (7) Chemical or physical treatments, ment of a distinctive feature, the new if appropriate, will be undertaken feature will match the old in design, using the gentlest means possible. color, texture and, where possible, ma- Treatments that cause damage to his- terials. toric materials will not be used. (7) Replacement of missing features (8) Archeological resources will be from the restoration period will be sub- protected and preserved in place. If stantiated by documentary and phys- such resources must be disturbed, miti- ical evidence. A false sense of history gation measures will be undertaken. will not be created by adding conjec- (9) New additions, exterior alter- tural features, features from other ations or related new construction will properties, or by combining features not destroy historic materials, features that never existed together histori- and spatial relationships that charac- cally. terize the property. The new work will (8) Chemical or physical treatments, be differentiated from the old and will if appropriate, will be undertaken be compatible with the historic mate- using the gentlest means possible. rials, features, size, scale and propor- Treatments that cause damage to his- tion, and massing to protect the integ- toric materials will not be used. rity of the property and its environ- (9) Archeological resources affected ment. by a project will be protected and pre- (10) New additions and adjacent or re- served in place. If such resources must lated new construction will be under- be disturbed, mitigation measures will taken in such a manner that, if re- be undertaken. moved in the future, the essential form (10) Designs that were never executed and integrity of the historic property historically will not be constructed. and its environment would be (d) Reconstruction. (1) Reconstruction unimpaired. will be used to depict vanished or non- (c) Restoration. (1) A property will be surviving portions of a property when used as it was historically or be given documentary and physical evidence is a new use that interprets the property available to permit accurate recon- and its restoration period. struction with minimal conjecture and (2) Materials and features from the such reconstruction is essential to the restoration period will be retained and public understanding of the property. preserved. The removal of materials or (2) Reconstruction of a landscape, alteration of features, spaces and spa- building, structure or object in its his- tial relationships that characterize the toric location will be preceded by a period will not be undertaken. thorough archeological investigation (3) Each property will be recognized to identify and evaluate those features as a physical record of its time, place and artifacts that are essential to an and use. Work needed to stabilize, con- accurate reconstruction. If such re- solidate and conserve materials and sources must be disturbed, mitigation features from the restoration period measures will be undertaken. 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
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features and elements substantiated by § 71.2 Types of Federal recreation fees. documentary or physical evidence There shall be three types of Federal rather than on conjectural designs or recreation fees: the availability of different features (a) Entrance fees, charged either on from other historic properties. A recon- an annual or single-visit basis, for ad- structed property will re-create the ap- mission to any Designated Entrance pearance of the non-surviving historic Fee Area; property in materials, design, color and (b) Daily recreation use fees for the texture. use of specialized sites, facilities, (5) A reconstruction will be clearly equipment or services furnished at Fed- identified as a contemporary re-cre- eral expense; and ation. (c) Special recreation permit fees for (6) Designs that were never executed specialized recreation uses, such as, historically will not be constructed. but not limited to, group activities, recreation events, and the use of mo- PART 71—RECREATION FEES torized recreation vehicles. § 71.3 Designation. Sec. 71.1 Application. (a) An area or closely related group 71.2 Types of Federal recreation fees. of areas shall be designated as an area 71.3 Designation. at which entrance fees shall be charged 71.4 Posting. (hereinafter ‘‘Designated Entrance Fee 71.5 Golden Eagle Passport. Area’’) if the following conditions are 71.6 Golden Age Passport. found to exist concurrently: 71.7 Entrance fees for single-visit permits. (1) The area is a unit of the National 71.8 Validation and display of entrance per- Park System administered by the De- mits. partment of the Interior; 71.9 Establishment of recreation use fees. (2) The area is administered pri- 71.10 Special recreation permits and special marily for scenic, scientific, historical, recreation permit fees. cultural, or recreation purposes; 71.11 Collection of Federal recreation fees. (3) The area has recreation facilities 71.12 Enforcement. or services provided at Federal ex- 71.13 Exceptions, exclusions, and exemp- pense; and tions. (4) The nature of the area is such 71.14 Public notification. that entrance fee collection is adminis- 71.15 The Golden Eagle Insignia. tratively and economically practical. AUTHORITY: Sec. 4, Land and Water Con- (b) Any specialized site, facility, servation Fund Act of 1965 (16 U.S.C.A. 4601– equipment or service related to out- 6a (Supp., 1974)), as amended by Pub. L. 93– door recreation (hereinafter ‘‘facility’’) 303; and sec. 3, Act of July 11, 1972, 86 Stat. shall be designated as a facility for 461; sec. 2 of Reorganization Plan No. 3 of which a recreation use fee shall be 1950 (64 Stat. 1262). charged (hereinafter ‘‘Designated SOURCE: 39 FR 33217, Sept. 16, 1974. Redesig- Recreation Use Facility’’) if: nated at 44 FR 7143, Feb. 6, 1979, and 46 FR (1) For each Designated Recreation 34329, July 1, 1981; correctly redesignated at Use Facility, at least one of the fol- 46 FR 43045, Aug. 26, 1981, unless otherwise lowing criteria is satisfied: noted. (i) A substantial Federal investment has been made in the facility, § 71.1 Application. (ii) The facility requires regular This part is promulgated pursuant to maintenance, section 4, Land and Water Conserva- (iii) The facility is characterized by tion Fund Act of 1965, 16 U.S.C.A. 4601– the presence of personnel, or 6a (Supp., 1974), and section 3, Act of (iv) The facility is utilized for the July 11, 1972, 86 Stat. 461. Any Federal personal benefit of the user for a fixed recreation fee charged by any bureau of period of time; and, 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:
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(i) The facility is developed, adminis- motorized recreation vehicles, shall tered, or provided by any bureau of the qualify as a use for which a special Department of the Interior, recreation permit fee may be charged (ii) The facility is provided at Fed- (hereinafter ‘‘Special Recreation Per- eral expense, and mit Use’’) if such use occurs in areas (iii) The nature of the facility is such under the jurisdiction of any bureau of that fee collection is administratively the Department of the Interior. and economically practical. (3) In no event shall any of the fol- § 71.4 Posting. lowing, whether used singly or in any (a) The administering bureaus of the combination, be designated as facilities Department of the Interior shall pro- for which recreation use fees shall be vide for the posting of the following charged: Drinking water, wayside ex- designation sign at entrances to Des- hibits, roads, overlook sites, visitors’ ignated Entrance Fee Areas and at ap- centers, scenic drives, toilet facilities, propriate locations in areas with Des- picnic tables, and boat ramps. The first ignated Recreation Use Facilities in sentence of this paragraph does not such a manner that the visiting public apply to boat launching facilities with will be clearly notified that Federal specialized facilities or services, such recreation fees are charged. The des- as mechanical or hydraulic boat lifts or ignation sign shall: facilities. Such boat launching facili- (1) Be constructed of enameled steel, ties shall be designated as facilities for coated aluminum, silk screen reflective which recreation use fees shall be charged, Provided, They satisfy the re- materials attached to wood or metal, quirements of paragraphs (b) (1) and (2) or other permanent materials; of this section. (2) Consist of the basic elements, pro- (4) In no event shall a campground, portion, and color as indicated below: which satisfies the requirements of (i) The representation of an Amer- paragraphs (b) (1) and (2) of this sec- ican Golden Eagle (colored gold) and a tion, be designated as a facility for family group (colored midnight blue) which recreation use fees shall be enclosed within a circle (colored white charged unless the campground has all with a midnight blue border) framed by of the following: Tent or trailer spaces, a rounded triangle (colored gold with a drinking water, access road, refuse con- midnight blue border). tainers, toilet facilities, personal fee (A) The color midnight blue shall be collection, reasonable visitor protec- Pantone Matching System 282; the tion, and simple devices for containing color gold shall be Pantone Matching a campfire where campfires are per- System 130; mitted. A campground may be des- (B) The rounded triangle shall be 18 ignated for recreation use fee collec- inches in vertical height at all Des- tion whether the above enumerated ignated Entrance Fee Areas, except amenities are provided for individual that at those areas accessible only on or group use. foot, the rounded triangle may be 9 (c) Any specialized recreation use in- inches vertical height; cluding, but not limited to, group ac- (ii) The words ‘‘U.S. Fee Area’’ as in- tivities, recreation events, or the use of 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, toi- let 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 protec- tion, 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 con- ditions 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, re- ly 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 JU- 72.15 Preliminary Action Program. RISDICTIONS 72.16 Preliminary Action Program require- ments. 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. Redesig- 72.30 General requirements. nated at 46 FR 34329, July 1, 1981, and cor- 72.31 [Reserved] rectly redesignated at 46 FR 43045, Aug. 26, 72.32 Funding and matching share. 1981, unless otherwise noted. 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 avail- ing 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. Redesig- by public or private non-profit agencies nated at 46 FR 34329, July 1, 1981, and cor- to serve the recreation needs of com- rectly redesignated at 46 FR 43045, Aug. 26, munity residents. These facilities must 1981, unless otherwise noted. be open to the public and readily acces- sible 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 ex- isting 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) Intergration of park and recre- (SCORP), regional, county and other ation planning and facility use with jurisdictional plans and activities hav- other service agencies such as schools, ing direct and indirect impacts on transportation 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 allo- cate available resources over time. In- SOURCE: 45 FR 71719, Oct. 29, 1980. Redesig- cluded should be a brief discussion of nated at 46 FR 34329, July 1, 1981, and cor- rectly redesignated at 46 FR 43045, Aug. 26, the relationship of the Preliminary Ac- 1981, unless otherwise noted. tion Program to other related commu- nity 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- prioritites identified in the applicant ities and schedules, and the develop- jurisdiction’s Recovery Action Pro- ment of implementation strategies. Ex- gram. Once NPS has indicated that a isting public participation efforts with- Rehabilitation or Innovation proposal in the jurisdiction should be used. is fundable, the applicant must meet all documentation requirements im- § 72.17 Preliminary Action Program— commitments to be included. posed by OMB Circulars A–102, A–95 and FMC 74–4. Regional offices of NPS will Local governments may submit a provide technical assistance to grant- Preliminary Action Program during ees in complying with these require- the initial interim period in lieu of a ments. full Action Program. The Preliminary Action Program must include a firm § 72.31 [Reserved] commitment by the local government to complete and adopt a full Action § 72.32 Funding and matching share. Program by October 1, 1980. This com- (a) Recovery Action Program Grant mitment must include a schedule for Matching. Up to 50 percent matching the development of the full Recovery grants are authorized for the prepara- Action Program. The schedule should tion of Recovery Action Programs outline the activities which will be un- (RAP). State, local and private in-kind dertaken, the anticipated time frame donations of assistance (salaries, sup- for the development and completion of plies, printing, etc.) for the preparation these activities, and the resources of of a RAP may be used as all or part of people, money and support services the 50 percent local match. Such in- necessary for the development and kind contributions for the UPARR Pro- completion of the Recovery Action gram may not be used as the matching Program. Notwithstanding the fore- share for other federally-assisted pro- going provisions concerning the use of grams. In addition, Section 1009 of the the Preliminary Action Program, local Act provides that reasonable local governments are encouraged to pre- costs of Recovery Action Program de- pare, adopt and submit as soon as pos- velopment may be used as part of a sible a full Action Program which com- local match for Innovation or Rehabili- plies with the provisions of §§ 72.11, tation grants only when the applicant 72.12, and 72.13. Local governments has not recieved a Recovery Action which have already made a commit- Program grant. Reasonable costs ment to park and recreation systems means costs for supplies, salaries, etc., by establishing ongoing planning, reha- which are not excessive in relation to bilitation, service, operation and main- the normal market value within a geo- tenance programs may use these as a graphic area. These costs must be well starting point for meeting Action Pro- documented and included in the gram requirements. preapplication for the proposal in
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which they are to be used as a match. covered in OMB Circular A–102. In-kind The match can only be used once, and contributions for the UPARR Program allowed only after the RAP Has been may not be used as the matching share approved by the respective NPS Re- for other Federally-assisted programs. gional Office. (ii) Services. Any type of service or as- (b) Rehabilitation and Innovation grant sistance which relates directly to a matching. The program provides for a 70 grant and the provision of a recreation percent Federal match for rehabili- opportunity, can be used as a matching tating existing recreation facilities and share; e.g., technical and planning areas. Seventy percent matching funds are also authorized to local govern- services, construction labor, play- ments for innovation grants which will ground supervision or management address systemwide coordination, man- services. agement and community resource problems through innovative and cost- § 72.33 Timing and duration of effective approaches. projects. (c) Sources of Matching Share—(1) (a) Construction components of State Incentive. As an incentive for projects must be initiated during the State involvement in the recovery or first full construction season following urban recreation systems, the Federal grant approval. The time for com- government will match, dollar for dol- pleting construction components of ei- lar, State contributions to the local ther Rehabilitation or Innovation pro- share of an Innovation or Rehabilita- posals will be limited to three years or tion grant; up to 15 percent of the ap- three construction seasons, whichever proved grant. The Federal share will is greater, unless in the opinion of the not exceed 85 percent of the approved Director an extension of time not to grant. The Director shall also encour- exceed a designated period will assure age States and private interests to con- that completion of the grant objectives tribute to the non-Federal share of will be cost-effective within funding project costs. State and local govern- currently available, in accord with es- ment shares may be derived from any State or local government source of tablished goals of the UPARR Pro- revenue. gram, and of benefit to the federal gov- (2) Cash. State, local and private ernment. Any component of an Innova- funds may be used as the non-Federal tion proposal which is to provide serv- share of project costs. In addition, two ices or programs, must be started with- types of Federal funds may be used as in one year from grant approval. The part of a local match: General Revenue grant project term and expiration date Sharing (Treasury Department) and for Rehabilitation and Innovation pro- Community Development Block Grant posals will be established by NPS at (CDBG) program funds (Department of the time of grant approval. Housing and Urban Development) [See (b) When an applicant wishes to com- also § 72.56(b)]. Section 1009 of the plete a project in a number of stages, UPARR Act prohibits use of any other the applicant may request UPARR as- type of Federal grant to match UPARR sistance for all the stages in a single grants. application or proposal. In such cases, (3) Non-Cash—(i) Material goods. NPS the three year limit on construction encourages in-kind contributions in- still applies. If an applicant wishes to cluding real property, buildings or request funding for only a single stage building materials, and equipment to at time, each stage must be structured applicants by the State, other public in such a manner that it will increase agencies, private organizations or indi- viduals. The value of the contributions the recreation utility of the property, may be used as all or part of the or provide direct recreation opportuni- matching share of project costs, but ties, independent of subsequent stages. must be appraised and approved by the Funding of one stage of a multi-staged Service prior to grant approval. Details proposal in no way implies that subse- regarding these types of donations are quent stages will also be funded.
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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 coversion. 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 pub- lic 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 necessay 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 similiar services. use. Charges for recreation services will (iv) Work through and with the appli- only be permitted if they do not un- cant jurisdiction. fairly jeopardize participation in the (v) Demonstrate that the existing, or recreation service by the disadvan- soon to be developed, recreation prop- taged population.
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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 The applicant must present a cost opportunites for users in the target analysis (well documented case) for area. demolition and replacement versus re- habilitation. When assistance for dem- § 72.43 Fundable elements: Recovery olition is requested, the applicant must Action Program grants. also indicate how the replacement will Reasonable and documented costs increase the site’s recreation utility, necessary for preparing a Recovery Ac- and how the useable life of the prop- tion Program may be reimbursed by erty will be increased. UPARR funds from a 50 percent match- ing grant. These costs may include ex- § 72.42 Expansion and new develop- ment. penses for professional services; local public meetings; data collection and (a) Expansion. Because the UPARR analysis; preparation, editing and Program is targeted to distressed printing of appropriate reports, plans, areas, every assurance should be made maps, charts and other documents that if any expansion takes place, ex- forming a part of the plan; and sup- isting recreation facilities are up to porting costs, supplies and other ap- building standards and the following proved costs. Costs incurred prior to general requirements are met. the approval of a Recovery Action Pro- (1) The general category of sites/fa- gram grant will not be eligible for re- cilities or programs involved must be imbursement or cost sharing. an identified priority in the jurisdic- tion’s Recovery Action Program. § 72.44 Fundable elements: Rehabilita- (2) The results of the expansion must tion and Innovation grant common not substantially increase the per- elements. sonnel or maintenance costs of the ap- (a) All Rehabilitation and Innovation plicant jurisdiction’s overall recreation proposals must be based on priorities system unless expansion of the system identified in the applicant jurisdic- has been addressed as a priority in the tion’s local Recovery Action Program. jurisdiction’s Recovery Action Pro- An applicant may apply for UPARR as- gram, and the RAP strategies speci- sistance only in an amount which, to- fying how the funds for increased per- gether with other available public and sonnel or maintenance costs associated private resources, is adequate to com- with the expansion will be obtained. plete the work approved by the grant The preapplication narrative must de- agreement. The applicant must docu- scribe the extent of increased personnel ment the availability and source of and maintenance for the project(s) in- these resources at the time of
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preapplication for UPARR assistance. tem of the applicant jurisdiction, sev- 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 recreation to residents within a dis- tator, or display activities; routine tressed local neighborhood area will be maintenance and upkeep supplies or given higher priority. Proposals which activities; and for the acquisition of have a primary intent to attract or to land or interests in land. provide recreation for visitors from § 72.45 Fundable elements: Innovation outside the applicant jurisdiction, or grants. proposals whose primary objective is the enhancement of the area’s economy (a) Innovation grants may cover through the attraction of visitors to costs related to improved delivery of the jurisdiction, will not be considered. recreation services (including per- Innovation proposals which transport sonnel, training, facilities, recreation residents from distressed neighbor- equipment and supplies), except those hoods to recreation opportunities out- which pertain to routine operation and side the local jurisdiction, may be con- maintenance not directly related to sidered eligible for funding. the provision of recreation opportuni- (2) Conservation and energy. Proposals ties. All equipment and supply requests which foster the conservation of energy in Innovation proposals will be re- and natural resources are encouraged; viewed to assure that they will sub- e.g. improvements in accessibility stantially contribute to the recreation which reduce the need of automobile services intended under the specific transportation, efficient use of elec- grant. The intent of Innovation grants trical or other power sources, and is to test new ideas, concepts and ap- water conservation. proaches aimed at improving facility (3) Multiple site requests. Rehabilita- design, operations or progamming in tion and Innovation proposals may re- the delivery of neighborhood recre- quest funding for neighborhood-ori- ation services. They should also con- ented recreation facilities or services tribute to a systems approach to recre- which affect the entire recreation sys- ation by linking recreation services
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with other critical community pro- and cost-effective management tech- grams; such as transportation, housing, niques. and health programs. The UPARR Pro- (2) Adaptive reuse. In addition to pro- gram 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 purchase expendable supplies and and other techniques may also be used equipment which relate directly to an to provide the greatest possible expo- 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
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activities for the general population, better design, non-destructible build- and address needs as identified in the ing materials, or use of community local Recovery Action Program. Serv- volunteers to supervise areas. ices for special populations, such as (10) Communications and public transportation to recreation facilities, awareness of recreation opportunities, may also be funded. including education in leisure services; (b) Basic types of Innovation proposals. but excluding research. Types of Innovation proposals which can be funded are suggested by, but not § 72.46 Citizen participation require- limited to, the following types: ments. (1) The unique integration of recre- (a) Recovery Action Program Grants. ation with other community services; Citizen participation is required for de- such as transportation, public housing and public safety; either to expand or veloping and implementing a Recovery update current services, or to link pro- Action Program (§ 72, Subpart B), but is grams within the social service struc- not required in the process of preparing ture of a neighborhood, or between a local Recovery Action Program grant neighborhoods. application. (2) New management and cost-saving (b) Rehabilitation and Innovation or service-efficient approaches for im- grant. The applicant shall provide citi- proving the delivery of recreation serv- zens with an adequate opportunity to ices should be fundamental to all Inno- participate in the development of a Re- vation and Rehabilitation proposals, habilitation and/or Innovation proposal and may also be the prime focus of an and in implementation, monitoring and Innovation proposal. Extending hours evaluation of the activities supported of operation, increasing the variety of through the grants. The applicant shall recreation programs, contracting with also encourage the submission of views commercial or private non-profit agen- and proposals, particularly by resi- cies to supply specific recreation serv- dents of blighted neighborhoods and ices, or assisting citizens in designing citizens with low and moderate in- and operating their own programs, are comes. The applicant is encouraged to examples of management approaches. utilize a variety of approaches to en- (3) New approaches to facility design sure public involvement. Nothing in which emphasize user needs and pref- these requirements, however, shall be erences and promote efficient oper- construed to restrict the legal respon- ation and energy conservation. sibility and authority of the applicant (4) New fiscal techniques to generate revenue for continuing operation and for the execution of its Recovery Ac- maintenance, such as tax credits. tion Program, and the development of (5) Techniques for improving trans- its UPARR applications. portation and access to recreation op- portunities. § 72.47 [Reserved] (6) Techniques to facilitate private, § 72.48 Federal coordination. non-profit, and community involve- ment in providing recreation opportu- Applicants requesting UPARR assist- nities. ance under one of the three grant cat- (7) Improved use of land resources; egories shall investigate the possibili- such as utilizing abandoned railroads ties of administrative and/or funding and highway rights-of-way, water- coordination with other Federal pro- fronts, street spaces, or derelict land grams. Higher priority is given to pro- for recreation. posals which relate to a comprehensive (8) Adaptive reuse or multiple use of neighborhood revitalization strategy, public or private facilities and areas. including, but not limited to programs (Private areas or facilities utilized such as the Department of Housing and must be opened to the public.) Urban Development (HUD) Neighbor- (9) Techniques to prevent or reduce hood Self-Help program. crime, abuse and vandalism; such as
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§ 72.49 [Reserved] given to proposals serving close-to- home recreation needs, lower priority Subpart D—Grant Selection, to those serving area or jurisdiction- Approval and Administration wide needs. (3) Condition of existing recreation properties to be rehabilitated, includ- SOURCE: 45 FR 71723, Oct. 29, 1980. Redesig- nated at 46 FR 34329, July 1, 1981; correctly ing the urgency of rehabilitation and redesignated at 46 FR 43045, Aug. 26, 1981, un- the need to maintain existing services. less otherwise noted. (4) Improvement in the quality and quantity of recreation services as a re- § 72.50 Grant selection criteria. sult of rehabilitation, including im- (a) Recovery Action Program grant se- provements at specific sites and overall lection criteria. The following criteria enhancement of the recreation system. will be used in evaluating Recovery Ac- (5) Improvement of recreation service tion Program grant applications and in to minority and low to moderate in- deciding priorities for funding: come residents, special populations, (1) Degree of need for funds to de- and distressed neighborhoods. velop a Recovery Action Program and (6) Proposal’s consistency with local an ongoing planning process, including government objectives and priorities the size and complexity of the commu- for overall community revitalization. nity’s problems, deficiencies in exist- (7) Neighborhood employment oppor- ing planning, and in the capability of the community to initiate and sustain tunities created. continuing planning efforts. (8) State participation in the pro- (2) Degree of the community’s com- posal, including financial and technical mitment to systematic planning, in- assistance. cluding financial, personnel and time (9) Private participation by both the resources already devoted to planning non-profit and for-profit sectors in the or committed for the future. proposal, including contributions of fi- (3) Extent to which current park and nancial assistance. recreation planning is integrated with (10) Jurisdiction’s commitment to overall community planning or would implementing its overall Recovery Ac- be better integrated as a result of the tion Program. grant, including use of other Federal or (c) Innovation Grant Selection Criteria. State funds for related planning pur- The following criteria will be used to poses. evaluate and rank Innovation pro- (4) Appropriateness and efficiency of posals: the planning program’s work elements (1) Degree to which the proposal pro- (scope, timing, methodology, staffing vides a new, unique or more effective and costs) in relation to the basic re- means of delivering a recreation serv- quirements for Recovery Action Pro- ice that can serve as a model for other grams contained in subpart B, §§ 72.10 communities. through 72.18 (45 FR 15456). (b) Rehabilitation Grant Selection Cri- (2) Degree of citizen involvement in teria. The following criteria will be proposal conceptualization and imple- used to evaluate and rank Rehabilita- mentation. tion proposals: (3) Degree to which the proposal may (1) The Federal UPARR investment lead to a positive, systemic change in per person served by the entire system; how park and recreation services are relationship between the size of the provided. Extent to which the proposal community and the amount of grant creates opportunities for new partner- funds requested. Highest priority will ships between the people affected, pri- be given to proposals with lower per vate interests within the community, capita costs in relation to recreation and public agencies (e.g., Mayor’s Of- benefits provided. fice, Recreation Department, Board of (2) Providing neighborhood recre- Education, Planning Department, so- ation needs. Higher priority will be cial service agencies).
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(4) Degree of commitment of commu- the degree to which the proposal would serve nity and proposal participants to con- close to home recreation needs. tinue the long term program objec- tives, including commitments to con- § 72.51 A–95 clearinghouse require- tinue funding after the requested Fed- ments. eral grant money is no longer avail- Notice of intent to submit any appli- able. Extent of private resources com- cation for UPARR funding must be for- mitted to providing funds or in-kind warded by the applicant, no later than services for continuing operation and 60 days prior to submission of a grant maintenance of projects. application, to the State clearinghouse (5) Degree to which proposal man- and appropriate metropolitan or agers use the Federal funds to leverage areawide clearinghouses, in accordance 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- tures, through rehabilitation for recreation the appropriate NPS Regional Office. should also address rehabilitation selection (b) Submission of Applications. In addi- criteria, particularly the criteria covering tion to Standard Form 424 on Federal Federal investment per person served and Assistance notification, applicants for
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Recovery Action Program grants shall cordance with the availability of funds. submit the following documents and Funding for an approved grant will not required attachments to NPS Regional be increased from subsequent yearly Offices: appropriations. (1) OMB Form 80–RO190, completed as (b) Applicants are encouraged to dis- prescribed by OMB Circular A–102. (Ap- cuss their proposals with their NPS Re- plication for Federal assistance, for gional Office to determine basic non-construction programs). fundability and competitiveness prior (2) Grant agreement form. to submitting a preapplication. (3) Narrative statements which will (c) If a State is assisting the appli- be used in evaluating grant applica- cant in preapplication preparation, tions in relationship to the selection providing a source of matching share, 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
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criteria used to select eligible jurisdic- and/or total funds requested for a pro- tions contained in Appendix A of this posal which is already in competition, part. A discretionary narrative state- must submit a written request for ment must be included in each withdrawal of the previous proposal be- preapplication. fore submitting a new proposal in the (5) All submitted grant same competition. preapplications will be reviewed by (9) The Director reserves the right to NPS Regional Offices to assure that withdraw a grant offer if it is deter- they meet all minimum legal and tech- mined that any preapplication contains nical standards before being certified misstatements or misrepresentations as eligible for competition. Proposals of fact, or problems identified which not meeting minimum standards will cannot be resolved. be returned to the applicant. Periodi- cally, all certified proposals will be § 72.54 Rehabilitation and Innovation evaluated in the Regional Offices be- grants—full application process. fore being submitted to Washington, Once a Rehabilitation or Innovation where they will be judged by national proposal has received a tentative grant panels whose member are knowledge- offer, applicants will be responsible for able in recreation and urban revitaliza- compliance with all applicable Federal tion. Innovation and Rehabilitation laws and regulations listed in OMB Cir- proposals will be judged by separate cular A–102, including those specific panels. Acts and Executive Orders listed in (6) Following review and ranking by § 72.56 of these regulations. The appli- the panels, the Director will approve cant must also complete all docu- tentative grant offers for those pro- mentation and other requirements posals which may be funded. Successful specified by OMB circulars A–102, and applicants will be notified by the NPS A–95 within 120 days. Regional Offices Regional Offices, and completion of the of NPS will provide technical assist- formal application process will take ance to grantees in complying with place. The formal application process these requirements. A grant will not be must be completed within 120 days of approved until the applicant is in com- notification of the tentative grant pliance with the above requirements. offer, or the tentative grant offer may be withdrawn. Final approval of a § 72.55 [Reserved] grant and obligation of funds will occur when all application requirements have § 72.56 Grant program compliance re- been met and the appropriate docu- quirements. ments are on file. No costs may be in- (a) Once a proposal has received a curred or reimbursed, except incurred grant offer, applicants will be respon- architectural and engineering fees indi- sible for compliance with all applicable cated in § 72.44, until NPS approval of Federal laws and regulations, includ- the grant agreement. ing, but not limited to: (7) Unfunded proposals may require modifications to improve their com- Architectural Barriers Act of 1968 (P.L. 90– 480) petitiveness. Applicants with such pro- Clean Air Act and Federal Water Pollution posals will be advised by NPS of sug- Control Act gested modifications, if any, to in- Copeland Anti-kickback Act crease their chances for funding in fu- Endangered Species Act of 1973 (Pub. L. 93– ture grant rounds. 205) (8) If an applicant wishes a proposal Executive Order 11246, Equal Employment to remain in competition, it may be Opportunity considered for two additonal funding Executive Order 11593, Protection and En- cycles, with or without minor modi- hancement of the Cultural Environment fications, before it is returned to the Executive Order 11625, Arrangements for De- veloping and Coordinating a National Pro- applicant. Major modifications of scope gram for Minority Business Enterprise and/or total funding request will re- Executive Order 11988, Floodplains Manage- quire complete resubmission of a pro- ment posal as a new preapplication. Appli- Executive Order 11990, Protection of Wet- cants who wish to change the scope lands
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Executive Order 12088, Federal compliance additional conditions prior to, or at the with Pollution Control Standards time of grant approval, when in his or Executive Order 12185, Conservation of Pe- her judgement these conditions are troleum and Natural Gas Flood Disaster Protection Act of 1973 (Pub. necessary to assure or protect advance- L. 93–234) ment of the grant purposes, the inter- Historical and Archeological Data Preserva- ests of public health or safety, or the tion Act of 1974 (Pub. L. 93–291) 36 CFR 66 conservation of grant funds. Extra re- National Environmental Policy Act of 1969 quirements may be imposed on high- (Pub. L. 91–190) risk grantees who have records of de- National Historic Preservation Act (Pub. L. fault on prior Federal grants. 89–665) Nondiscrimination section 109 of the Housing (d) Remedies for Noncompliance. In ap- and Community Development Act of 1974 propriate circumstances, the Director (42 USC 5301) as amended. may suspend or recoup the financial as- 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 § 72.61 [Reserved] 11063 (27 FR 11527) Uniform Relocation Assistance & Land Ac- § 72.62 Amendments to approved quisition Policies Act of 1970 (Pub. L. 91– grants. 646) 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 pro- The Director shall make payments to gram.) Questions concerning other a grantee of all, or a portion of any CDBG requirements should be ad- grant award, either in advance or by dressed to the HUD Area Office serving way of reimbursement. Advance pay- the UPARR applicant jurisdiction. ments on approved Rehabilitation or Innovation grants will be in an amount §§ 72.57—72.59 [Reserved] not to exceed 20% of the total grant § 72.60 Grant administrative proce- cost [section 1006(2) of the Act]. dures. § 72.64 [Reserved] (a) Admininstrative Requirements for § 72.65 Other requirements. Recipients of UPARR Assistance. For all grants under this Program, the admin- (a) Requirements for Operation and istrative requirements are the attach- Maintenance. Grantees are required to ments listed in the Office of Manage- keep all UPARR assisted properties in ment and Budget (OMB) Circular A–102 reasonable repair to prevent undue de- (as revised). terioration, and to encourage public (b) Accounts, Audit, Inspection. Ade- use during reasonable hours and times quate financial records must be main- of the year, according to the type of fa- tained by the applicant to support all cility and intended uses. expenditures or costs covered by a Re- (b) Non-discrimination. There shall be covery Action Program, Rehabilitation no discrimination for UPARR assisted or Innovation project, as specified in programs or services on the basis of Federal Management Circular (FMC) residence, except in reasonable fee dif- 74–4 and OMB Circular A–102. ferentials. (c) Additional conditions. The Director (c) Sunset Reports. In compliance with may, with respect to any grant, impose the sunset and reporting provision of
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the Act, section 1015(b), an annual re- conversion be implemented. Response port will be prepared on the achieve- is required in order to obtain the ben- ments of the Innovation grant pro- efit of Department of the Interior ap- gram, with emphasis on the nationwide proval. implications of successful innovation projects. A final report on the overall § 72.72 Conversion requirements. impact of the UPARR Program will be (a) Background and legal requirements. prepared within 90 days of the expira- The UPARR program has made funds tion of the authority. Additional available for the renovation and reha- project information may be requested bilitation of numerous urban parks and from applicants to facilitate the prepa- recreation facilities. In many cases, ration of such reports. the UPARR funds were used only in a portion of a site or facility or were Subpart E—Post-Completion only a small percentage of the funds re- Compliance Responsibilities quired 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 the grant agreement to continually § 72.70 Applicability. 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 ap- proval. 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.
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(2) The proposed conversion and sub- completed and considered by NPS dur- stitution are in accord with the cur- ing its review of the proposed 1010 ac- rent Recovery Action Program and/or tion. In cases where the proposed con- equivalent recreation plans. version arises from another Federal ac- (3) The proposal assures the provision tion, final review of the proposal shall of adequate recreation properties and not occur until NPS is assured that all opportunities of reasonably equivalent environmental review requirements re- usefulness and location. Dependent lated to that other action have been upon the situation and at the discre- met. tion of NPS, the replacement property (6) State intergovernmental clearing- need not provide identical recreation house review procedures have been ad- experiences or be located at the same hered to if the proposed conversion and 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 pro- posed 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 re- quests 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
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writing to the Regional Director. NPS nonresidents cannot exceed twice that approval must be obtained prior to the charged to residents. Where there is no occurrence of the change. NPS ap- charge for residents but a fee is proval is not necessarily required, how- charged to nonresidents, the non- ever, for each and every facility use resident fees cannot exceed fees change. Rather, a project area should charged at comparable State or local be viewed in the context of overall use public facilities having fee systems. and should be monitored in this con- These fee provisions apply only to the text. A change from UPARR-developed approved 1010 areas applicable to the tennis courts to basketball courts, for recipient. Reservation, membership, or example, would not require NPS ap- annual permit systems available to proval. A change from a swimming pool residents must also be available to 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 con- sideration 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- lic recreation use require NPS approval Jurisdictions were considered for eligi- and the substitution of replacement bility if they were functioning general pur- 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 (a) Background. UPARR policy pro- from U.S. Bureau of the Census, 1976 Revenue hibits discrimination on the basis of Sharing Estimates File). residence (refer to § 72.65(b)) including 2. Cities and townships with Populations of preferential reservation or membership 40,000 or more in either 1970 or 1976 (1970 data 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 assisted under Interior programs and, from U.S. Bureau of the Census, Census of thereby, all other recreation facilities Population: 1970; 1976 data derived from 1976 managed by the recipient, are covered Revenue Sharing Estimates File). in 43 CFR part 17 which implements Indicators (variables) of distress and need 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 except in reasonable fee differentials. unrelated to the purposes of the Act. (Sec- Post-completion compliance respon- tion 1002 of the Act states that the Congress sibilities of the recipient should con- finds that (a) the quality of life in urban tinue to ensure that discrimination on areas is closely related to the availability of 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
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parks and facilities properly located, devel- Governments (1978),’’ income growth is a de- oped, and well maintained; (c) the greatest terminant of taxable wealth and level of eco- recreational deficiencies with respect to nomic activity, and indicates a jursidiction’s land, facilities, and programs are found in capability to finance its own recreation and many large cities, especially at the neigh- other projects. This measure of financial ca- borhood level; (d) inadequate financing of pacity is related to the Act which stipulates urban recreation programs due to fiscal dif- that the Secretary of the Interior consider ficulties in many large cities has led to the factors related to economic distress. There- deterioration of facilities, nonavailability of fore, jurisdictions with either negative or recreation services, and an inability to adapt low relative growth in per capita income recreational programs to changing cir- would be favored by this variable, based on cumstances; and (e) there is no existing Fed- 1976 data of the U.S. Bureau of the Census. eral assistance program which fully address- es the needs for physical rehabilitation and Percent Unemployed, 1977 revitalization of these park and recreation Percent unemployed, commonly termed systems.) the unemployment rate is defined as the The National Park Service asked the Bu- number of people unemployed as a percent of reau of the Census to assist in the analysis of the civilian labor force. The unemployment national data in order to ensure that reli- data are the product of a Federal/State coop- able, timely and applicable indicators of dis- erative program in which State Employment tress were used in determining eligibility for Security agencies prepare labor force and un- the program. NPS received comments from a employment estimates using concepts, defi- number of interested individuals on what nitions, and technical procedures established they considered, in their best judgment, to by the Bureau of Labor Statistics. The Na- be the criteria that should be used in the tional Urban Recreation Study found that program. NPS also received numerous posi- recreation and leisure time opportunities are tion papers from national interest groups on most limited for the economically disadvan- what they thought were suitable indicators taged, including the unemployed. The 17 for the program. NPS then began a nar- field studies of the National Urban Recreation rowing process intended to select the most Study reveal that low-income neighborhoods appropriate criteria for eligibility in the pro- have less program diversity, little, if any, gram. commercial recreation opportunities, and Listed below are the six variables selected fewer year-round programs than higher in- for eligibility criteria: come neighborhoods. Consideration of this variable is consistent with the mandate of Population Per Square Mile 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 re- lated to lack of recreation opportunity. The Net Change in Per Capita Income 1969–75 Recreation Access Study (U.S. Department Per capita income is the estimated average of Transportation, 1975) found that access to amount of total money income per person. It a diversity of recreation opportunities is is derived by dividing the total income of a generally assured for those who have auto- particular group by the total population in mobiles and are willing to travel reasonable that group. Comparison of change in per cap- distances, but such opportunities are often ita income between urban jurisdictions pro- severely limited for people without cars. In vides an indication of each jurisdiction’s eco- addition, the 17 field studies of the National nomic growth. If the income of a city is Urban Recreation Study concluded that most growing more slowly than another city, the recreation opportunities for those without city with slower growth is in a relatively access to a personal auto is limited to imme- weaker economic position. As cited in the diate neighborhoods or place of residence. ‘‘Report on the Fiscal Impact of the Eco- This variable is relevant to the Act in that nomic Stimulus Package on 48 Large Urban the transportation disadvantaged households
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are the group that has the greatest need for subsequently modified by a Federal Inter- expanded opportunities to enjoy their close agency Committee. In 1969, the poverty to home resources. thresholds ranged from $1,487 for a female Therefore, jurisdictions having a high pro- unrelated individual 65 years old and over portion of households without automobiles living on a farm to $6,116 for a nonfarm fam- would be favored by this variable, based on ily with a male head and with seven or more 1970 data of the U.S. Bureau of the Census. persons. The average poverty threshold for a nonfarm family of four headed by a male was Total Population Under 18 Years of Age, and 60 $3,745. Years and Over, 1970 This variable identifies those persons most Determination of Eligibility likely to be the most frequent users of public The method used to combine the variables park and recreation facilities. While many had four steps. First, all values for each of 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 and older children also need public recre- tion, the standardized values for the six vari- ation facilities, especially in highly urban- ables were added to produce a score. Third, ized areas, where recreation facilities are the scores were ranked from high values most lacking. This variable was selected to (most eligible) to low values (least eligible). favor areas with greater concentrations of Fourth jurisdictions having scores above the the dependent population where need for median score for all jurisdictions were des- recreation would be the greatest, and where ignated ‘‘eligible.’’ rehabilitation of existing facilities the most pressing, in accordance with the Act. The County Eligibility 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 eligi- bility 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 neighbor- areas), and that there must be evidence of hood recreation facilities, particularly for . . cooperation between a county and its major . low- and moderate-income residents,’’ and city. the extent to which park and recreation re- 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
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whether or not they are included on the list Chattanooga, Tennessee of eligible jurisdictions. Chester, Pennsylvania Chicago, Illinois [44 FR 58091, Oct. 9, 1979. Redesignated at 46 Chicago Heights, Illinois FR 34329, July 1, 1981, and correctly redesig- Chicopee, Massachusetts nated at 46 FR 43045, Aug. 26, 1981] Chula Vista, California Cicero, Illinois APPENDIX B TO PART 72—LIST OF Cincinnati, Ohio ELIGIBLE JURISDICTIONS Clarksville, Tennessee Cleveland, Ohio The following are those jurisdictions eligi- Cocoa, Florida ble for the Urban Park and Recreation Re- Columbia, South Carolina covery Program: Columbus, Georgia Cities Eligible for the Urban Park and Columbus, Ohio Recreation Recovery Program Compton, California Corpus Christi, Texas Akron, Ohio Covington, Kentucky Albany, Georgia Danville, Illinois Albany, New York Danville, Virginia Alexandria, Louisiana Dayton, Ohio Alhambra, California Daytona Beach, Florida Allentown, Pennsylvania Denison, Texas Altoona, Pennsylvania Denver, Colorado Aguadilla, Puerto Rico Detroit, Michigan Anniston, Alabama District of Columbia Arecibo, Puerto Rico Dothan, Alabama Asbury Park, New Jersey Duluth, Minnesota Asheville, North Carolina Durham, North Carolina Athens, Georgia East Chicago, Indiana Atlanta, Georgia East Lansing, Michigan Atlantic City, New Jersey East Orange, New Jersey Auburn, Maine East Providence, Rhode Island Augusta, Georgia East St. Louis, Illinois Babylon Township, New York Easton, Pennsylvania Baldwin Park, California Edinburg, Texas Baltimore, Maryland El Monte, California Baton Rouge, Louisiana El Paso, Texas Battle Creek, Michigan Elizabeth, New Jersey Bayamon, Puerto Rico Elmira, New York Bay City, Michigan Erie, Pennsylvania Bayonne, New Jersey Evanston, Illinois Bellflower, California Evansville, Indiana Bellingham, Washington Everett, Massachusetts Berkeley, California Everett, Washington Biloxi, Mississippi Fall River, Massachusetts Binghamton, New York Fayetteville, North Carolina Birmingham, Alabama Fitchburg, Massachusetts Bloomfield, New Jersey Flint, Michigan Bloomington, Indiana Florence, Alabama Boston, Massachusetts Ft. Myers, Florida Bradenton, Florida Freeport, New York Bridgeport, Connecticut Fresno, California Bridgeton, New Jersey Gadsden, Alabama Bristol, Tennessee Gainesville, Florida Brockton, Massachusetts Galveston, Texas Brookline Township, Massachusetts Gary, Indiana Brownsville, Texas Gastonia, North Carolina Buffalo, New York Grand Rapids, Michigan Caguas, Puerto Rico Granite City, Illinois Cambridge, Massachusetts Greenville, Mississippi Camden, New Jersey Greenville, South Carolina Canton, Ohio Guayama, Puerto Rico Carolina, Puerto Rico Guaynabo, Puerto Rico Carson, California Gulfport, Mississippi Cayey, Puerto Rico Hamilton, Ohio Charleston, South Carolina Harlingen, Texas Charlottesville, Virginia Harrisburg, Pennsylvania
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Hartford, Connecticut Memphis, Tennessee Hattiesburg, Mississippi Meriden, Connecticut Haverhill, Massachusetts Meridian, Mississippi Hawthorne, California Miami, Florida Hazelton, Pennsylvania Miami Beach, Florida Hemstead Township, New York Middletown, Ohio Hialeah, Florida Millville, New Jersey High Point, North Carolina Milwaukee, Wisconsin Hoboken, New Jersey Minneapolis, Minnesota Holyoke, Massachusetts Mobile, Alabama Hopkinsville, Kentucky Modesto, California Humacao, Puerto Rico Monroe, Louisiana Huntington, West Virginia Montgomery, Alabama Indianapolis, Indiana Moss Point, Mississippi Inglewood, California Mount Vernon, New York Irvington, New Jersey Muncie, Indiana Jackson, Michigan Muskegon, Michigan Jackson, Mississippi Muskegon Heights, Michigan Jackson, Tennessee Muskogee, Oklahoma Jacksonville, Florida National City, California Jersey City, New Jersey New Bedford, Massachusetts Johnson City, Tennessee New Britain, Connecticut Johnstown, Pennsylvania New Brunswick, New Jersey Joplin, Missouri New Haven, Connecticut Juana Diaz, Puerto Rico New London, Connecticut Kalamazoo, Michigan New Orleans, Louisiana Kankakee, Illinois New Rochelle, New York Kansas City, Kansas New York, New York Kansas City, Missouri Newark, New Jersey Kenner, Louisiana Newark, Ohio Kenosha, Wisconsin Newport News, Virginia Killeen, Texas Niagara Falls, New York Knoxville, Tennessee Norfolk, Virginia Kokomo, Indiana North Bergen Township, New Jersey La Crosse, Wisconsin North Chicago, Illinois Lafayette, Louisiana Norwalk, California Lake Charles, Louisiana Norwich, Connecticut Lakeland, Florida Oak Park, Illinois Lakewood, Ohio Oakland, California Lancaster, Pennsylvania Oceanside, California Lansing, Michigan Ogden, Utah Laredo, Texas Omaha, Nebraska Las Cruces, New Mexico Ontario, California Lawrence, Massachusetts Orange, Texas Lawton, Oklahoma Orlando, Florida Lewiston, Maine Oshkosh, Wisconsin Lima, Ohio Oxnard, California Lompoc, California Panama City, Florida Long Beach, California Parkersburg, West Virginia Long Branch, New Jersey Pasco, Washington Los Angeles, California Passaic, New Jersey Louisville, Kentucky Paterson, New Jersey Lowell, Massachusetts Pawtucket, Rhode Island Lynchburg, Virginia Pensacola, Florida Lynn, Massachusetts Perth Amboy, New Jersey Lynwood, California Petersburg, Virginia Macon, Georgia Pharr, Texas Maiden, Massachusetts Philadelphia, Pennsylvania Manchester, New Hampshire Phoenix, Arizona Mansfield, Ohio Pico Rivera, California Marietta, Ohio Pine Bluff, Arkansas Marion, Indiana Pittsburgh, Pennsylvania Marshall, Texas Pittsfield, Massachusetts Mayaguez, Puerto Rico Plainfield, New Jersey McAllen, Texas Pomona, California Medford, Massachusetts Ponce, Puerto Rico Melbourne, Florida Pontiac, Michigan
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Port Arthur, Texas Toledo, Ohio Portland, Maine Trenton, New Jersey Portland, Oregon Troy, New York Portsmouth, Virginia Trujillo Alto, Puerto Rico Poughkeepsie, New York Tucson, Arizona Pritchard, Alabama Tuscaloosa, Alabama Providence, Rhode Island Union City, New Jersey Provo, Utah Upper Darby Township, Pennsylvania Pueblo, Colorado Urbana, Illinois Quincy, Illinois Utica, New Jersey Quincy, Massachusetts Vega Baja, Puerto Rico Rantoul, Illinois Vineland, New Jersey Reading, Pennsylvania Waco, Texas Revere, Massachusetts Waltham, Massachusetts Richmond, California Warren, Ohio Richmond, Indiana Waterbury, Connecticut Richmond, Virginia West Haven, Connecticut Roanoke, Virginia West New York, New Jersey Rochester, New York West Palm Beach, Florida Rome, New York Wheeling, West Virginia Rosemead, California Wilkes-Barre, Pennsylvania Sacramento, California Williamsport, Pennsylvania Saginaw, Michigan Wilmington, Delaware St. Joseph, Missouri Wilmington, North Carolina St. Louis, Missouri Winston-Salem, North Carolina St. Paul, Minnesota Winter Haven, Florida St. Petersburg, Florida Woonsocket, Rhode Island Salem, Massachusetts Worcester, Massachusetts Salinas, California Wyandotte, Michigan San Antonio, Texas Yakima, Washington San Benito, Texas Yauco, Puerto Rico San Bernardino, California Yonkers, New York San Diego, California York, Pennsylvania San Francisco, California Youngstown, Ohio San Juan, Puerto Rico Santa Ana, California Counties Eligible for the Urban Park and Santa Cruz, California Recreation Recovery Program Santa Fe, New Mexico Alameda Co., California Santa Maria, California Allegheny Co., Pennsylvania Santa Monica, California Bernalillo Co., New Mexico Sarasota, Florida Bexar Co., Texas Savannah, Georgia Bristol Co., Massachusetts Schenectady, New York Camden Co., New Jersey Scranton, Pennsylvania Charleston Co., South Carolina Seaside, California Cook Co., Illinois Seattle, Washington Cuyahoga Co., Ohio Shreveport, Louisiana Dade Co., Florida Somerville, Massachusetts El Paso Co., Texas South Gate, California Erie Co., New York Spartanburg, South Carolina Essex Co., Massachusetts Spokane, Washington Essex Co., New Jersey Springfield, Massachusetts Franklin Co., Ohio Springfield, Ohio Fresno Co., California Springfield, Oregon Fulton Co., Georgia Steubenville, Ohio Hamilton Co., Ohio Stockton, California Hamilton Co., Tennessee Suffolk, Virginia Hampden Co., Massachusetts Superior, Wisconsin Hillsborough Co., Florida Syracuse, New York Hudson Co., New Jersey Tacoma, Washington Jackson Co., Missouri Tampa, Florida Jefferson Co., Alabama Taunton, Massachusetts Kern Co., California Terre Haute, Indiana Los Angeles Co., California Texarkana, Arkansas Lucas Co., Ohio Texarkana, Texas Luzerne Co., Pennsylvania Titusville, Florida Mahoning Co., Ohio Toa Baja, Puerto Rico Maricopa Co., Arizona
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Middlesex Co., Massachusetts ervation Act Amendments of 1980. The Milwaukee Co., Wisconsin purpose of the World Heritage Conven- Mobile Co., Alabama tion is to enhance worldwide under- Nassau Co., New York Nueces Co., Texas standing and appreciation of heritage Oneida Co., New York conservation, and to recognize and pre- Onondaga Co., New York serve natural and cultural properties Orange Co., Florida throughout the world that have out- Passaic Co., New Jersey standing universal value to mankind. Pinellas Co., Florida Plymouth Co., Massachusetts § 73.3 Definitions. Polk Co., Florida Riverside Co., California Cultural Heritage— Article 1 of the St. Clair Co., Illinois Convention defines ‘‘Cultural Herit- San Bernardino Co., California age’’ as: San Diego Co., California San Joaquin Co., California Monuments: architectural works, works of Shelby Co., Tennessee monumental sculpture and painting, ele- Sonoma Co., California ments or structures of an archaeological na- Suffolk Co., New York ture, inscriptions, cave dwellings, and com- Wayne Co., Michigan binations of features, which are of out- Worcester Co., 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 PART 73—WORLD HERITAGE universal value from the point of view of his- CONVENTION tory, art, or science; and 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 73.5 Authority. 73.7 World Heritage Nomination process. points of view. 73.9 World Heritage criteria. Natural Heritage— Article 2 of the 73.11 Federal Interagency Panel for World Convention defines ‘‘Natural Heritage’’ Heritage. 73.13 Protection of U.S. World Heritage as: properties. Natural features, consisting of physical 73.15 International World Heritage activi- and biological formations or groups of such ties. formations, which are of outstanding uni- 73.17 Public information and education ac- versal value from the aesthetic or scientific tivities. point of view; AUTHORITY: 94 Stat. 3000; 16 U.S.C. 470 a–1, Geological and physiographical formations a–2, d. and precisely delineated areas which con- SOURCE: 47 FR 23397, May 27, 1982, unless stitute the habitat of threatened species of otherwise noted. animals and plants of outstanding universal value from the point of view of science or § 73.1 Purpose. conservation; and Natural sites or precisely delineated nat- The purpose of these rules is to set ural areas of outstanding universal value forth the policies and procedures that from the point of view of science, conserva- the Department of the Interior, tion, or natural beauty. through the National Park Service (NPS), uses to direct and coordinate Intergovernmental Committee for the U.S. participation in the Convention Protection of the World Cultural and Nat- Concerning the Protection of the World ural Heritage, or World Heritage Com- Cultural and Natural Heritage, which mittee, means the Committee estab- was ratified by the Senate on October lished by Article 8 of the Convention 26, 1973. The rules describe the proce- and assisted by the United Nations dures used to implement the Conven- Educational, Scientific and Cultural tion under the National Historic Pres- Organization (UNESCO). It is composed
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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 must satisfy for inclusion on the World The policies and procedures con- Heritage List, sets policy and proce- tained herein are based on the author- dures, and approves properties for in- ity of the Secretary of the Interior clusion on the World Heritage List. under title IV of the National Historic World Heritage Convention, or Conven- Preservation Act Amendments of 1980 tion, means the Convention Concerning (Pub. L. 96–515; 94 Stat. 3000; 16 U.S.C. the Protection of the World Cultural 470a–1, a–2) which directs the Secretary and Natural Heritage, ratified by the to ensure and direct U.S. participation 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 coopera- tion which includes those cultural and tion with the Secretary of State, the natural properties judged to possess Smithsonian Institution, and the Advi- outstanding universal value for man- sory Council on Historic Preservation. kind. UNESCO, means the United Nations § 73.7 World Heritage Nomination Educational, Scientific and Cultural process. Organization, which provides staff sup- (a) Overview. The Assistant Secretary port for the Convention and its imple- periodically nominates properties mentation. which appear to be of outstanding uni- Assistant Secretary, means the Assist- versal value to the World Heritage ant Secretary for Fish and Wildlife and Committee on behalf of the U.S. The Parks, U.S. Department of the Interior, initial identification of properties for or the designee authorized to carry out nomination, and subsequent prepara- the Assistant Secretary’s responsibil- tion, evaluation, and approval of U.S. ities. nominations for properties so identi- Department, means the U.S. Depart- fied is an annual process (January–De- ment of the Interior. cember) which is initiated through a Federal Interagency Panel for World FEDERAL REGISTER notice that includes Heritage, or Panel, means the Panel the indicative inventory of potential consisting of representatives from the future U.S. World Heritage nomina- Office of the Assistant Secretary, the tions and requests recommendations National Park Service, and the U.S. from interested public and private Fish and Wildlife Service within the sources. The Assistant Secretary, Department of the Interior; the Presi- working in cooperation with the Fed- dent’s Council on Environmental Qual- eral Interagency Panel for World Herit- ity; the Smithsonian Institution; the age, may select a limited number of Advisory Council on Historic Preserva- proposed nominations from the prop- tion; the Department of Commerce; erties on the indicative inventory. A and the Department of State. detailed nomination document is pre- Owner, means the individual(s) or or- pared for each property identified as a ganization(s) of record that own pri- proposed nomination. The Panel re- vate land that is being nominated for views the accuracy and completeness of World Heritage status, or the head of the draft nominations, and makes rec- the public agency, or subordinate to ommendations to the Assistant Sec- whom such authority has been dele- retary. If approved, the Assistant Sec- gated, responsible for administering retary transmits the U.S. nominations, public land that is being nominated for through the Department of State, to World Heritage status. UNESCO for review and approval by
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the World Heritage Committee during environment (16 U.S.C. 470a–1). The the following year. protection requirements for public and (b) Identification—(1) Requirements. In private properties are identified in order for a U.S. property to be consid- § 73.13. ered for possible nomination to the (2) Process Initiation. The Assistant World Heritage List, it must satisfy Secretary, through the National Park the following legislative requirements Service (NPS), publishes a notice in in addition to satisfying one or more of the FEDERAL REGISTER in January of the World Heritage criteria (§ 73.9): each year initiating the annual U.S. (i) The property must have pre- World Heritage nomination process. viously been determined to be of na- Among other things, this notice: tional significance (16 U.S.C. 470a–1). (i) Sets forth the annual schedule and For the purposes of these rules, ‘‘na- procedures for identifying proposed tional significance,’’ refers to prop- U.S. nominations to the World Herit- erties designated as National Historic age List, including specific deadlines Landmarks (36 CFR part 65) or Na- for receipt of suggestions and com- tional Natural Landmarks (36 CFR part ments, and for preparing and approving 62) by the Secretary of the Interior nomination documents for properties under provisions of the 1935 Historic so identified; Sites Act (Pub. L. 74–292; 49 Stat. 666; 16 (ii) Includes the indicative inventory U.S.C. 461 et seq.), or areas of national of potential future U.S. nominations to significance established by the Con- the World Heritage List, and solicits gress of the U.S. or by Presidential recommendations on properties on the proclamation under the Antiquities inventory which should be nominated Act of 1906 (16 U.S.C. 433); that year, or suggestions of additional (ii) The property’s owner(s) must properties that should be considered concur in writing to the nomination (16 for inclusion on the inventory. U.S.C. 470a–1). In the case of properties (iii) Identifies any special require- owned or controlled by Federal, State, ments that properties must satisfy to and/or local governments, a letter from be considered for possible nomination. the owner(s) would demonstrate con- (3) Inventory. The National Park currence. In the case of properties Service compiles and maintains an in- owned or controlled by private parties, dicative inventory of cultural and nat- the protection agreement outlined in ural properties located within the U.S. § 73.13(c) would demonstrate concur- that, based on preliminary examina- rence. Any owner must concur before tion, appear to qualify for World Herit- his/her property may be included with- age status and that may be considered in the World Heritage nomination. For for nomination to the World Heritage example, concurrence from the respon- List. The inventory is a tentative list sible management official for Federal of properties that the U.S. may nomi- property indicates concurrence for the nate at some point in the future. Inclu- management unit, but does not indi- sion of a property on the inventory cate concurrence of any non-Federal does not confer World Heritage status property interest located within its on it, but merely indicates that a prop- boundaries. Concurrence of any non- erty may be further examined for pos- Federal property interest will be sible nomination. Properties included sought if that property interest is de- on this inventory are drawn from sug- termined to be integral to the entire gestions received from any interested property’s outstanding universal val- party and from the Department’s own ues. To be included within the World sources. The inventory is used as the Heritage nomination, the owner of the basis for selecting future U.S. nomina- non-Federal property interest would tions, and provides a comparative indicate concurrence by fulfilling the framework within which the out- protection requirement outlined in standing universal value of a property § 73.13(c); and may be judged. Proposed nominations (iii) The nomination document must are selected from among the potential include evidence of such legal protec- future nominations included on the in- tions as may be necessary to ensure ventory. Any agency, organization, or the preservation of the property and its individual may recommend additional
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properties, with accompanying docu- qualify for World Heritage status and mentation, that should be considered that a detailed nomination document for inclusion on the inventory. Except will be prepared for the property. This in exceptional circumstances, a prop- document serves as the basis for mak- erty must be listed on the indicative ing the decision to nominate the prop- inventory before it can be considered erty to the World Heritage Committee for nomination. The Assistant Sec- (§ 73.7(e)). retary, in cooperation with the Panel (c) Notification. Following decisions and other sources as appropriate, de- on the proposed U.S. nominations, the termines whether the recommended Assistant Secretary publishes the re- property should be included on the in- sults in the FEDERAL REGISTER. If prop- ventory. If approved for inclusion on erties are identified as proposed nomi- the inventory, the property will be list- nations, the Assistant Secretary noti- ed when the inventory is next pub- fies the following parties in writing: lished in the FEDERAL REGISTER. The (1) The owner(s) of lands or interests Assistant Secretary transmits a copy of land that are to be included in the of the inventory of potential future nomination; and U.S. World Heritage nominations, in- (2) The Committee on Interior and cluding documentation on each prop- Insular Affairs of the U.S. House of erty’s location and significance, to the Representatives and the Committee on World Heritage Committee for use in Energy and Natural Resources of the its evaluation of nominations, as re- U.S. Senate. quested by Article 11(1) of the Conven- The notice advises the recipients of the tion. proposed action, references these rules, (4) Selection of Proposed Nominations. and sets forth the process that will be After the January notice’s comment followed in preparing the nominations. period has expired, the National Park The NPS prepares and issues a press re- Service compiles all suggestions and lease on the proposed nominations. comments received. Using the rec- (d) Nomination Preparation. Following ommendations received and working in selection of proposed nomination(s), cooperation with the Federal Inter- the NPS coordinates arrangements for agency Panel for World Heritage, the the preparation of a detailed nomina- Assistant Secretary may identify prop- tion document for each property. The erties as proposed U.S. nominations for owner(s) of the proposed property, in a given year. In addition to how well cooperation with NPS, is responsible the property satisfies the World Herit- for preparing draft nomination docu- age criteria (§ 73.9) and the legislative ments and for gathering necessary doc- requirements outlined in § 73(b)(i), con- umentation in support of the nomina- siderations in the selection of proposed tion. The NPS oversees the nomination nominations may include: preparation process, and ensures that (i) How well the particular type of the procedural guidelines set forth by property (i.e., theme or region) is al- the World Heritage Committee and ready represented on the World Herit- contained in these rules are satisfied. age List; Each nomination is prepared according (ii) The balance between cultural and to the format and requirements estab- natural properties already included on lished by the World Heritage Com- the List and those currently under con- mittee, and according to the schedule sideration; set forth in the annual January FED- (iii) The opportunities afforded by ERAL REGISTER notice (§ 73.7(b)(2)). In the property for public visitation, in- preparing nominations, consideration terpretation, and education; is given to including within their (iv) Potential threats to the prop- boundaries only those areas that ap- erty’s integrity or its current state of pear to be of outstanding universal preservation; and value to mankind. (v) Other relevant factors, including (e) Nomination Evaluation. Following public interest and awareness of the completion of the draft nomination property. document(s), the NPS coordinates their Selection of a property as a proposed review and evaluation. The NPS dis- nomination indicates that it appears to tributes copies to all representatives
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on the Panel, with a request for com- (i) Represent a unique artistic ments regarding the adequacy of the achievement, a masterpiece of the cre- nomination document and the signifi- ative genius; or cance of the property being nominated. (ii) Have exerted great influence, The NPS compiles the recommenda- over a span of time or within a cultural tions and comments received from rep- area of the world, on developments in resentatives on the Panel. architecture, monumental arts or (f) Nomination. The Assistant Sec- townplanning and landscaping; or retary, based on his/her evaluation and (iii) Bear a unique or at least excep- the recommendations of the Panel, tional testimony to a civilization nominates properties which appear to which has disappeared; or possess outstanding universal value to (iv) Be an outstanding example of a the World Heritage Committee on be- type of structure which illustrates a half of the U.S. The Assistant Sec- significant stage in history; or retary transmits the nomination(s), (v) Be an outstanding example of a through the Department of State, to traditional human settlement which is UNESCO. The nomination(s) should be representative of a culture and which transmitted so that they are received has become vulnerable under the im- by UNESCO prior to the January 1 pact of irreversible change; or deadline for any given year. (vi) Be directly or tangibly associ- (g) Notification. When the nomination ated with events or with ideas or be- has been approved, as in paragraph (f) liefs of outstanding universal signifi- of this section, the Assistant Secretary cance. (The Committee considered that publishes notice of this action in the this criterion should justify inclusion FEDERAL REGISTER. In addition, the As- in the List only in exceptional cir- sistant Secretary notifies the following cumstances or in conjunction with parties, in writing, of the nomina- other criteria); and tion(s): In addition, the property must meet (i) The owner(s) of land or interests the test of authenticity in design, ma- in land that are included in the nomi- terials, workmanship, or setting. nation; and (2) The following additional factors (ii) The Committee on Interior and will be kept in mind by the Committee Insular Affairs of the U.S. House of in deciding on the eligibility of a cul- Representatives and the Committee on tural property for inclusion on the Energy and Natural Resources of the List: U.S. Senate. (i) The state of preservation of the The NPS prepares and issues a press re- property should be evaluated rel- lease on the U.S. World Heritage nomi- atively, that is, it should be compared nation(s). with that of other property of the same type dating from the same period, both § 73.9 World Heritage criteria. inside and outside the country’s bor- The World Heritage Committee uses ders; and the following criteria to evaluate the (ii) Nominations of immovable prop- World Heritage potential of cultural erty which is likely to become movable and natural properties nominated to it: will not be considered. (a) Criteria for the Inclusion of Cultural (b) Criteria for the Inclusion of Natural Properties on the World Heritage List. (1) Properties on the World Heritage List. (1) A monument, group of buildings or A natural heritage property—as de- site—as defined in Article I of the Con- fined in Article 2 of the Convention— vention—which is nominated for inclu- which is submitted for inclusion in the sion in the World Heritage List will be World Heritage List will be considered considered to be of outstanding uni- to be of outstanding universal value for versal value for the purposes of the the purposes of the Convention when Convention when the Committee finds the Committee finds that it meets one that it meets one or more of the fol- or more of the following criteria and lowing criteria and the test of authen- fulfills the conditions of integrity set ticity. Each property nominated should out below. Properties nominated therefore: should therefore:
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(i) Be outstanding examples rep- pography and soil types, river banks or resenting the major stages of the earth’s oxbow lakes, to demonstrate the diver- evolutionary history. This category sity and complexity of the system. would include sites which represent the (iii) The areas described in paragraph major ‘‘eras’’ of geological history such (b)(1)(iii) of this section should contain as ‘‘the age of reptiles’’ where the de- those ecosystem components required velopment of the planet’s natural di- for the continuity of the species or of versity can well be demonstrated and the objects to be conserved. This will such as the ‘‘ice age’’ where early man vary according to individual cases; for and his environment underwent major example, the protected area of a water- changes; or fall would include all, or as much as (ii) Be outstanding examples rep- possible, of the supporting upstream resenting significant ongoing geological watershed; or a coral reef area would processes, biological evolution, and man’s be provided with control over siltation interaction with his natural environment; or pollution through the stream flow or as distinct from the periods of the ocean currents which provide its nutri- earth’s development, this focuses upon ents. ongoing processes in the development (iv) The area containing threatened of communities, of plants and animals, species as described in paragraph landforms, and marine and fresh water (b)(1)(iv) of this section should be of bodies; or sufficient size and contain necessary (iii) Contain superlative natural phe- habitat requirements for the survival nomena, formations or features or areas of of the species. exceptional natural beauty, such as su- (v) In the case of migratory species, perlative examples of the most impor- seasonal sites necessary for their sur- tant ecosystems, natural features, vival, wherever they are located, spectacles presented by great con- should be adequately protected. If such centrations of animals, sweeping vistas sites are located in other countries, the covered by natural vegetation and ex- Committee must receive assurances ceptional combinations of natural and that the necessary measures be taken cultural elements; or to ensure that the species are ade- (iv) Contain the foremost natural habi- quately protected throughout their full tats where threatened species of animals life cycle. Agreements made in this or plants of outstanding universal value connection, either through adherence from the point of view of science or to international conventions or in the conservation still survive. form of other multilateral or bilateral (2) In addition to the above criteria, arrangements, would provide this as- the sites should also fulfill the condi- surance. tions of integrity: (3) The property should be evaluated (i) The areas described in paragraph relatively, that is, it should be com- (b)(1)(i) of this section should contain pared with other properties of the same all or most of the key interrelated and type, both inside and outside the coun- interdependent elements in their nat- try’s borders, within a biogeographic ural relationships; for example, an ‘‘ice province, or migratory pattern. age’’ area would be expected to include the snow field, the glacier itself, and § 73.11 Federal Interagency Panel for samples of cutting patterns, deposi- World Heritage. tion, and colonization (striations, (a) Responsibilities. The Federal Inter- moraines, pioneer stages of plant suc- agency Panel for World Heritage is es- cession, etc.). tablished to advise the Department of (ii) The areas described in paragraph the Interior on implementation of the (b)(1)(ii) of this section should have World Heritage Convention. Among sufficient size and contain the nec- other things, the panel assists in the essary elements to demonstrate the following activities: key aspects of the process and to be (1) The development of policy and self-perpetuating. For example, an area procedures for effectively imple- of ‘‘tropical rain forest’’ may be ex- menting the Convention in the U.S.; pected to include some variation in ele- (2) The evaluation of draft U.S. nomi- vation above sea level, changes in to- nation documents;
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(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, (i) All legislation establishing or pre- U.S. Department of the Interior; serving the area; and (ii) The National Park Service, U.S. (ii) All existing and proposed admin- Department of the Interior; istrative measures, including manage- (iii) The U.S. Fish and Wildlife Serv- ment plans, that would ensure contin- ice, U.S. Department of the Interior; ued satisfactory maintenance of the (iv) The President’s Council on Envi- property and its environment; and ronmental Quality; (3) A written statement by the (v) The Smithsonian Institution; owner(s) that such protection measures (vi) The Advisory Council on Historic satisfy the requirements outlined in (a) Preservation; above. (vii) The National Oceanic and At- (c) Protection Measures for Private mospheric Administration, Department Properties. For properties owned or con- of Commerce; and trolled by private organizations or in- (viii) The Department of State. dividuals, the following items satisfy (2) Additional representatives from the protection requirements outlined other Federal agencies with mandates in (a) of this section. and expertise in heritage conservation (1) A written covenant executed by may be requested to participate in the the owner(s) prohibiting, in perpetuity, Panel from time to time. any use that is not consistent with, or (3) The Assistant Secretary, or his/ which threatens or damages the prop- her designee, chairs the Panel, and sets erty’s universally significant values, or its agenda and schedule. The NPS pro- other trust or legal arrangement that vides staff support to the Panel. has that effect; and (2) The opinion of counsel on the § 73.13 Protection of U.S. World Herit- legal status and enforcement of such a age properties. prohibition, including, but not limited (a) Requirements. (1) Article 5 of the to, enforceability by the Federal gov- Convention mandates that each par- ernment or by interested third parties. ticipating nation shall take, insofar as In addition, if the owner(s) is willing, a possible, the appropriate legal, sci- right of first refusal may be given for entific, technical, administrative, and acquisition of the property, along with financial measures necessary for the a guaranteed source of funding and ap- identification, protection, conserva- propriate management framework, in tion, preservation, and rehabilitation the event of any proposed sale, succes- of properties of outstanding universal sion, voluntary or involuntary trans- value; and fer, or in the unlikely event that the (2) Title IV of Pub. L. 96–515 requires requirements outlined above prove to that no non-Federal property may be be inadequate to ensure the preserva- nominated to the World Heritage List tion of the property’s outstanding uni- unless its owner concurs in writing to versal value. The protection measures such nomination. The nomination doc- for each private property being consid- ument for each property must include ered for possible nomination to the evidence of such legal protections as World Heritage List will be reviewed on may be necessary to ensure preserva- a case-by-case basis to ensure that the
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requirements set forth above fulfill the veloping publicity, educational, and/or mandate of Pub. L. 96–515. interpretive programs. (c) The NPS is responsible for devel- § 73.15 International World Heritage oping and distributing general informa- activities. tion materials on the World Heritage (a) The Assistant Secretary, and Convention, including brochures, other officials as appropriate, may rep- slideshows, lectures, or other presen- resent the U.S. at meetings of the tations in order to strengthen appre- World Heritage Committee, the Bureau ciation and understanding of the im- of the World Heritage Committee, or portance of World Heritage as set forth other international organizations or in Article 27 of the Convention. agencies which have activities that re- late to World Heritage. PARTS 74–77 [RESERVED] (b) In furtherance of Article 6 of the Convention and to the extent that re- sources permit, the Department will PART 78—WAIVER OF FEDERAL encourage and provide international AGENCY RESPONSIBILITIES assistance to other nations in activi- UNDER SECTION 110 OF THE NA- ties relating to the identification, pro- TIONAL HISTORIC PRESERVATION tection, conservation, and preservation ACT of cultural and natural properties. The Secretary, or his designee, may develop Sec. and make available to other nations 78.1 Authorization. and international organizations train- 78.2 Definitions. ing in, and information concerning, 78.3 Federal Agency decision to waive professional methods and techniques responsibilites. for the preservation of historic and 78.4 Federal Agency notice. natural properties (16 U.S.C. 470d; 16 78.5 Review by the Secretary of the Inte- U.S.C. 1537). rior. (c) NPS staff, in conjunction with the AUTHORITY: National Historic Preservation Federal Interagency Panel for World Act of 1966, as amended, 16 U.S.C. 470 et. seq. Heritage, provide support for the As- sistant Secretary’s international ac- SOURCE: 50 FR 7590, Feb. 25, 1985, unless otherwise noted. tivities, including the preparation of documentation, briefing papers, and § 78.1 Authorization. position statements. (d) The Assistant Secretary responds, Section 110 of the National Historic on behalf of the U.S., to requests from Preservation Act of 1966, as amended the World Heritage Committee, inter- (‘‘Act’’), sets forth certain responsibil- national heritage conservation organi- ities of Federal agencies in carrying zations, or other nations regarding out the purposes of the National His- U.S. participation in the World Herit- toric Preservation Act of 1966. Sub- age Convention. section 110(j) authorizes the Secretary of the Interior to promulgate regula- § 73.17 Public information and edu- tions under which the requirements in cation activities. section 110 may be waived in whole or (a) To the extent that time and re- in part in the event of a major natural sources permit, owners of U.S. prop- disaster or an imminent threat to the erties approved for inclusion on the national security. Waiver of respon- World Heritage List are encouraged to sibilities under section 110 does not af- publicize the status of the property, fect an agency’s section 106 responsibil- through appropriate signs, plaques, ities for taking into account the effects brochures, public dedication cere- of emergency activities on properties monies, and interpretive displays or included in or eligible for the National programs. Register of Historic Places and for af- (b) The Department, throught the fording the Advisory Council on His- NPS, may provide guidance to owners toric Preservation an opportunity to of U.S. World Heritage properties in de- comment on such activities.
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§ 78.2 Definitions. in the circumstances to avoid or mini- mize harm to historic properties. Federal Agency Head means the high- est administrative official of a Federal (b) Waiver under § 78.3(a) shall not ex- agency, or designee. ceed the period of time during which the emergency circumstances necessi- Imminent Threat to the National Secu- rity means the imminence of any nat- tating the waiver exist. ural, technological, or other occur- (c) In no event shall a Federal Agen- rence which, in determination of a Fed- cy Head delay an emergency action eral Agency Head, because of its size or necessary to the preservation of human intent, seriously degrades or threatens life or property for the purpose of com- the national security of the United plying with the requirements in sec- States such that an emergency action tion 110 of the Act. would be impeded if the Federal Agen- cy were to concurrenly meet its his- § 78.4 Federal Agency notice. toric preservation responsibilities (a) Federal Agency Heads making use under section 110 of the National His- of the waiver authority shall, within 12 toric Preservation Act, as amended. days of the effective date of the waiver, Major Natural Disaster means any notify the Secretary of the Interior, in hurricane, tornado, storm, flood, high writing, identifying: water, tidal wave, earthquake, volcanic (1) The major natural disaster or im- eruption, landslide, snowstorm, fire, minent threat to the national security explosion, or other catastrophe, in any necessitating the waiver and the emer- part of the United States which, in the gency action taken; determination of a Federal Agency (2) The period of effect of the waiver; Head, causes damage of sufficient se- (3) Which provisions of section 110 verity and magnitude such that an have been waived; emergency action is necessary to the (4) The geographic area to which the preservation of human life or property, waiver applies; and and that such emergency action would be impeded if the Federal Agency were (5) The measures and procedures used to concurrently meet its historic pres- to avoid or minimize harm to historic ervation responsibilities under section properties under the conditions neces- 110 of the National Historic Preserva- sitating the waiver. tion Act, as amended. (b) Information copies of the notice under § 78.4(a) shall be forwarded by the [50 FR 7590, Feb. 25, 1985, as amended at 62 Federal Agency Head to the Advisory FR 30235, June 3, 1997] Council on Historic Preservation and § 78.3 Federal Agency decision to the appropriate State Historic Preser- waive responsibilities. vation Officer. (a) When a Federal Agency Head de- § 78.5 Review by the Secretary of the termines, under extraordinary cir- Interior. cumstances, that there is an imminent (a) If the Secretary considers that all threat of a major natural disaster or an imminent threat to the national secu- or part of the agency’s decision as out- rity such that an emergency action is lined under §78.4(a) is inconsistent with necessary to the preservation of human the intent of the Act or these regula- life or property, and that such emer- tions for use of the waiver under ex- gency action would be impeded if the traordinary circumstances, the Sec- Federal Agency were to concurrently retary shall notify the Agency Head meet its historic preservation respon- and the Director of the Office of Man- sibilities under section 110 of the Act, agement and Budget within 5 days of that Federal Agency Head may imme- receipt of the Federal Agency notice diately waive all or part of those re- under § 78.4(a) of termination of the sponsibilities, subject to the proce- waiver, or make appropriate rec- dures set forth herein and provided ommendations for modifications of the that the agency head implements such waiver’s use. Termination of a waiver measures or procedures as are possible by the Secretary is final.
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(b) If the waiver is still in effect at APPENDIX C TO PART 79—EXAMPLE OF A the time the Federal Agency Head re- SHORT-TERM LOAN AGREEMENT FOR A ceives recommendations from the Sec- FEDERALLY-OWNED COLLECTION retary, the Agency Head shall consider AUTHORITY: 16 U.S.C. 470aa-mm, 16 U.S.C. the recommendations and any com- 470 et seq. ments received from the Advisory SOURCE: 55 FR 37630, Sept. 12, 1990, unless Council and the State Historic Preser- otherwise noted. vation Officer before deciding whether to continue, withdraw, or modify the § 79.1 Purpose. waiver. The Federal Agency Head shall (a) The regulations in this part estab- respond to recommendations received lish definitions, standards, procedures from the Secretary either accepting or and guidelines to be followed by Fed- rejecting those recommendations, and, eral agencies to preserve collections of where recommendations are rejected, prehistoric and historic material re- explaining the reasons for such a deci- mains, and associated records, recov- sion. Information copies of such re- ered under the authority of the Antiq- sponse shall be forwarded by the Fed- uities Act (16 U.S.C. 431–433), the Res- eral Agency Head to the Advisory ervoir Salvage Act (16 U.S.C. 469–469c), Council on Historic Preservation and section 110 of the National Historic the appropriate State Historic Preser- Preservation Act (16 U.S.C. 470h–2) or vation Officer. the Archaeological Resources Protec- (c) If the waiver is no longer in effect tion Act (16 U.S.C. 470aa-mm). They es- at the time the Federal Agency Head tablish: receives recommendations from the (1) Procedures and guidelines to man- Secretary or comments from the Advi- age and preserve collections; sory Council or the State Historic Preservation Officer, the Federal Agen- (2) Terms and conditions for Federal cy Head should consider such rec- agencies to include in contracts, ommendations and comments in simi- memoranda, agreements or other writ- lar future emergencies. ten instruments with repositories for curatorial services; (3) Standards to determine when a re- PART 79—CURATION OF FEDER- pository has the capability to provide ALLY-OWNED AND ADMINIS- long-term curatorial services; and TERED ARCHAEOLOGICAL COL- (4) Guidelines to provide access to, LECTIONS loan and otherwise use collections. (b) The regulations in this part con- Sec. tain three appendices that provide ad- 79.1 Purpose. ditional guidance for use by the Fed- 79.2 Authority. eral Agency Official. 79.3 Applicability. (1) Appendix A to these regulations 79.4 Definitions. contains an example of an agreement 79.5 Management and preservation of col- between a Federal agency and a non- lections. Federal owner of material remains who 79.6 Methods to secure curatorial services. 79.7 Methods to fund curatorial services. is donating the remains to the Federal 79.8 Terms and conditions to include in con- agency. tracts, memoranda and agreements for (2) Appendix B to these regulations curatorial services. contains an example of a memorandum 79.9 Standards to determine when a reposi- of understanding between a Federal tory possesses the capability to provide agency and a repository for long-term adequate long-term curatorial services. curatorial services for a federally- 79.10 Use of collections. owned collection. 79.11 Conduct of inspections and inven- (3) Appendix C to these regulations tories. contains an example of an agreement APPENDIX A TO PART 79—EXAMPLE OF A DEED between a repository and a third party OF GIFT for a short-term loan of a federally- APPENDIX B TO PART 79—EXAMPLE OF A MEMORANDUM OF UNDERSTANDING FOR CU- owned collection (or a part thereof). RATORIAL SERVICES FOR A FEDERALLY- (4) The three appendices are meant to OWNED COLLECTION illustrate how such agreements might
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appear. They should be revised accord- owns or has jurisdiction over such ing to the: lands. (i) Needs of the Federal agency and [55 FR 37630, Sept. 12, 1990; 55 FR 41639, Oct. any non-Federal owner; 10, 1990] (ii) Nature and content of the collec- tion; and § 79.3 Applicability. (iii) Type of contract, memorandum, (a) The regulations in this part apply agreement or other written instrument to collections, as defined in § 79.4 of being used. this part, that are excavated or re- (5) When a repository has preexisting moved under the authority of the An- standard forms (e.g., a short-term loan tiquities Act (16 U.S.C. 431–433), the form) that are consistent with the reg- Reservoir Salvage Act (16 U.S.C. 469– ulations in this part, those forms may 469c), section 110 of the National His- be used in lieu of developing new ones. toric Preservation Act (16 U.S.C. 470h- [55 FR 37630, Sept. 12, 1990; 55 FR 41639, Oct. 2) or the Archaeological Resources Pro- 10, 1990] tection Act (16 U.S.C. 470aa-mm). Such collections generally include those § 79.2 Authority. that are the result of a prehistoric or historic resource survey, excavation or (a) The regulations in this part are other study conducted in connection promulgated pursuant to section with a Federal action, assistance, li- 101(a)(7)(A) of the National Historic cense or permit. Preservation Act (16 U.S.C. 470a) which (1) Material remains, as defined in requires that the Secretary of the Inte- § 79.4 of this part, that are excavated or rior issue regulations ensuring that removed from a prehistoric or historic significant prehistoric and historic ar- resource generally are the property of tifacts, and associated records, recov- the landowner. ered under the authority of section 110 (2) Data that are generated as a re- of that Act (16 U.S.C. 470h–2), the Res- sult of a prehistoric or historic re- ervoir Salvage Act (16 U.S.C. 469–469c) source survey, excavation or other and the Archaeological Resources Pro- study are recorded in associated tection Act (16 U.S.C. 470aa-mm) are de- records, as defined in § 79.4 of this part. posited in an institution with adequate Associated records that are prepared or long-term curatorial capabilities. assembled in connection with a Federal (b) In addition, the regulations in or federally authorized prehistoric or this part are promulgated pursuant to historic resource survey, excavation or section 5 of the Archaeological Re- other study are the property of the sources Protection Act (16 U.S.C. 470dd) U.S. Government, regardless of the lo- which gives the Secretary of the Inte- cation of the resource. rior discretionary authority to promul- (b) The regulations in this part apply gate regulations for the: to preexisting and new collections that (1) Exchange, where appropriate, be- meet the requirements of paragraph (a) tween suitable universities, museums of this section. However, the regula- or other scientific or educational insti- tions shall not be applied in a manner tutions, of archeological resources re- that would supersede or breach mate- covered from public and Indian lands rial terms and conditions in any con- under that Act; and tract, grant, license, permit, memo- (2) Ultimate disposition of archeo- randum, or agreement entered into by logical resources recovered under that or on behalf of a Federal agency prior Act (16 U.S.C. 470aa-mm), the Antiq- to the effective date of this regulation. uities Act (16 U.S.C. 431–433) or the Res- (c) Collections that are excavated or ervoir Salvage Act (16 U.S.C. 469–469c). removed pursuant to the Antiquities (3) It further states that any ex- Act (16 U.S.C. 431–433) remain subject change or ultimate disposition of re- to that Act, the Act’s implementing sources excavated or removed from In- rule (43 CFR part 3), and the terms and dian lands shall be subject to the con- conditions of the pertinent Antiquities sent of the Indian or Indian tribe that Act permit or other approval.
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(d) Collections that are excavated or (v) Organic material (such as vege- removed pursuant to the Archae- table and animal remains, and ological Resources Protection Act (16 coprolites); U.S.C. 470aa–mm) remain subject to (vi) Human remains (such as bone, that Act, the Act’s implementing rules teeth, mummified flesh, burials and (43 CFR part 7, 36 CFR part 296, 18 CFR cremations); part 1312, and 32 CFR part 229), and the (vii) Components of petroglyphs, pic- terms and conditions of the pertinent tographs, intaglios or other works of Archaeological Resources Protection artistic or symbolic representation; Act permit or other approval. (viii) Components of shipwrecks (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 [55 FR 37630, Sept. 12, 1990; 55 FR 41639, Oct. are found in direct physical relation- 10, 1990] ship with a prehistoric or historic re- source. § 79.4 Definitions. (2) Associated records means original As used for purposes of this part: records (or copies thereof) that are pre- pared, assembled and document efforts (a) Collection means material remains to locate, evaluate, record, study, pre- that are excavated or removed during a serve or recover a prehistoric or his- survey, excavation or other study of a toric resource. Some records such as prehistoric or historic resource, and as- field notes, artifact inventories and sociated records that are prepared or oral histories may be originals that are assembled in connection with the sur- prepared as a result of the field work, vey, excavation or other study. analysis and report preparation. Other (1) Material remains means artifacts, records such as deeds, survey plats, his- objects, specimens and other physical torical maps and diaries may be copies evidence that are excavated or re- of original public or archival docu- moved in connection with efforts to lo- ments that are assembled and studied cate, evaluate, document, study, pre- as a result of historical research. Class- serve or recover a prehistoric or his- es of associated records (and illus- toric resource. Classes of material re- trative examples) that may be in a col- mains (and illustrative examples) that lection include, but are not limited to: may be in a collection include, but are (i) Records relating to the identifica- not limited to: tion, evaluation, documentation, (i) Components of structures and fea- study, preservation or recovery of a re- tures (such as houses, mills, piers, for- source (such as site forms, field notes, tifications, raceways, earthworks and drawings, maps, photographs, slides, mounds); negatives, films, video and audio cas- (ii) Intact or fragmentary artifacts of sette tapes, oral histories, artifact in- human manufacture (such as tools, ventories, laboratory reports, com- weapons, pottery, basketry and tex- puter cards and tapes, computer disks tiles); and diskettes, printouts of computer- (iii) Intact or fragmentary natural ized data, manuscripts, reports, and ac- objects used by humans (such as rock cession, catalog and inventory crystals, feathers and pigments); records); (iv) By-products, waste products or (ii) Records relating to the identi- debris resulting from the manufacture fication of a resource using remote or use of man-made or natural mate- sensing methods and equipment (such rials (such as slag, dumps, cores and as satellite and aerial photography and debitage); imagery, side scan sonar,
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magnetometers, subbottom profilers, 43 CFR part 7, 36 CFR part 296, 18 CFR radar and fathometers); 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 (3) Storing and maintaining a collec- occupational series and grade levels for tion using appropriate methods and positions in the Federal service. Occu- containers, and under appropriate envi- pational series most commonly associ- ronmental conditions and physically ated with museum work are the mu- secure controls; seum curator series (GS/GM–1015) and (4) Periodically inspecting a collec- the museum technician and specialist tion and taking such actions as may be series (GS/GM–1016). Other scientific necessary to preserve it; and professional series that may have (5) Providing access and facilities to collateral museum duties include, but study a collection; and are not limited to, the archivist series (6) Handling, cleaning, stabilizing (GS/GM–1420), the archeologist series and conserving a collection in such a (GS/GM–193), the anthropologist series manner to preserve it. (GS/GM–190), and the historian series (c) Federal Agency Official means any (GS/GM–170). In general, grades GS–9 officer, employee or agent officially and below are assistants and trainees representing the secretary of the de- while grades GS–11 and above are pro- partment or the head of any other fessionals at the full performance level. agency or instrumentality of the Grades GS–11 and above are determined United States having primary manage- according to the level of independent ment authority over a collection that professional responsibility, degree of is subject to this part. specialization and scholarship, and the (d) Indian lands has the same mean- nature, variety, complexity, type and ing as in §–.3(e) of uniform regulations scope of the work.
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(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 for a number of historic preservation [55 FR 37630, Sept. 12, 1990; 55 FR 41639, Oct. professions. While no standards are 10, 1990] presented for collections managers, museum curators or technicians, § 79.5 Management and preservation of collections. standards are presented for other pro- fessions (i.e., historians, archeologists, The Federal Agency Official is re- architectural historians, architects, sponsible for the long-term manage- and historic architects) that may have ment and preservation of preexisting collateral museum duties. and new collections subject to this (4) Copies of the Office of Personnel part. Such collections shall be placed Management’s standards, including in a repository with adequate long- subscriptions for subsequent updates, term curatorial capabilities, as set may be purchased from the Super- forth in § 79.9 of this part, appropriate intendent of Documents, U.S. Govern- to the nature and content of the collec- ment Printing Office, Washington, DC tions. 20402. Copies may be inspected at the (a) Preexisting collections. The Federal Office of Personnel Management’s Li- Agency Official is responsible for en- brary, 1900 E Street NW., Washington, suring that preexisting collections, DC, at any regional or area office of meaning those collections that are the Office of Personnel Management, placed in repositories prior to the ef- at any Federal Job Information Center, fective date of this rule, are being prop- and at any personnel office of any Fed- erly managed and preserved. The Fed- eral agency. Copies of the ‘‘Secretary eral Agency Official shall identify such of the Interior’s Standards and Guide- repositories, and review and evaluate lines for Archeology and Historic Pres- the curatorial services that are being ervation’’ are available at no charge provided to preexisting collections. from the Interagency Resources Divi- When the Federal Agency Official de- sion, National Park Service, P.O. Box termines that such a repository does 37127, Washington, DC 20013–7127. not have the capability to provide ade- (i) Religious remains means material quate long-term curatorial services, as remains that the Federal Agency Offi- set forth in § 79.9 of this part, the Fed- cial has determined are of traditional eral Agency Official may either: religious or sacred importance to an (1) Enter into or amend an existing Indian tribe or other group because of contract, memorandum, agreement or customary use in religious rituals or other appropriate written instrument
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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 of this part; and (b) New collections. The Federal Agen- (6) Any subsequent permanent trans- cy Official shall deposit a collection in fer of the collection (or a part thereof) a repository upon determining that: to another repository. (1) The repository has the capability to provide adequate long-term curato- § 79.6 Methods to secure curatorial rial services, as set forth in § 79.9 of services. this part; (a) Federal agencies may secure cura- (2) The repository’s facilities, written torial services using a variety of meth- curatorial policies and operating proce- ods, subject to Federal procurement dures are consistent with the regula- and property management statutes, tions in this part; regulations, and any agency-specific (3) The repository has certified, in statutes and regulations on the man- writing, that the collection shall be agement of museum collections. Meth- cared for, maintained and made acces- ods that may be used by Federal agen- sible in accordance with the regula- cies to secure curatorial services in- tions in this part and any terms and clude, but are not limited to: conditions that are specified by the (1) Placing the collection in a reposi- Federal Agency Official; tory that is owned, leased or otherwise (4) When the collection is from Indian operated by the Federal agency; lands, written consent to the disposi- (2) Entering into a contract or pur- tion has been obtained from the Indian chase order with a repository for cura- landowner and the Indian tribe having torial services; jurisdiction over the lands; and (3) Entering into a cooperative agree- (5) The initial processing of the ma- ment, a memorandum of under- terial remains (including appropriate standing, a memorandum of agreement cleaning, sorting, labeling, cataloging, or other agreement, as appropriate, stabilizing and packaging) has been with a State, local or Indian tribal re- completed, and associated records have pository, a university, museum or been prepared and organized in accord- other scientific or educational institu- ance with the repository’s processing tion that operates or manages a reposi- and documentation procedures. tory, for curatorial services; (c) Retention of records by Federal (4) Entering into an interagency agencies. The Federal Agency Official agreement with another Federal agen- shall maintain administrative records cy for curatorial services;
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(5) Transferring the collection to an- (3) Tribal Historic Preservation Offi- other Federal agency for preservation; cer; and (4) State Archeologist; (6) For archeological activities per- (5) Curators, collections managers, mitted on public or Indian lands under conservators, archivists, archeologists, the Archaeological Resources Protec- historians and anthropologists in Fed- tion Act (16 U.S.C. 470 aa–mm), the An- eral and State Government agencies tiquities Act (16 U.S.C. 431–433) or other and Indian tribal museum; authority, requiring the archeological (6) Indian tribal elders and religious permittee to provide for curatorial leaders; services as a condition to the issuance (7) Smithsonian Institution; of the archeological permit. (8) American Association of Muse- (b) Guidelines for selecting a repository. ums; and (1) When possible, the collection should (9) National Park Service. be deposited in a repository that: (i) Is in the State of origin; [55 FR 37630, Sept. 12, 1990; 55 FR 41639, Oct. (ii) Stores and maintains other col- 10, 1990] lections from the same site or project location; or § 79.7 Methods to fund curatorial serv- ices. (iii) Houses collections from a simi- lar geographic region or cultural area. A variety of methods are used by (2) The collection should not be sub- Federal agencies to ensure that suffi- divided and stored at more than a sin- cient funds are available for adequate, gle repository unless such subdivision long-term care and maintenance of col- is necessary to meet special storage, lections. Those methods include, but conservation or research needs. are not limited to, the following: (3) Except when non-federally-owned (a) Federal agencies may fund a vari- material remains are retained and dis- ety of curatorial activities using mon- posed of by the owner, material re- ies appropriated annually by the U.S. mains and associated records should be Congress, subject to any specific statu- deposited in the same repository to tory authorities or limitations applica- maintain the integrity and research ble to a particular agency. As appro- value of the collection. priate, curatorial activities that may (c) Sources for technical assistance. The be funded by Federal agencies include, Federal Agency Official should consult but are not limited to: with persons having expertise in the (1) Purchasing, constructing, leasing, management and preservation of col- renovating, upgrading, expanding, op- lections prior to preparing a scope of erating, and maintaining a repository work or a request for proposals for cu- that has the capability to provide ade- ratorial services. This will help ensure quate long-term curatorial services as that the resulting contract, memo- set forth in § 79.9 of this part; randum, agreement or other written (2) Entering into and maintaining on instrument meets the needs of the col- a cost-reimbursable or cost-sharing lection, including any special needs in basis a contract, memorandum, agree- regard to any religious remains. It also ment, or other appropriate written in- will aid the Federal Agency Official in strument with a repository that has evaluating the qualifications and ap- the capability to provide adequate propriateness of a repository, and in long-term curatorial services as set determining whether the repository forth in § 79.9 of this part; has the capability to provide adequate (3) As authorized under section 110(g) long-term curatorial services for a col- of the National Historic Preservation lection. Persons, agencies, institutions Act (16 U.S.C. 470h–2), reimbursing a and organizations that may be able to grantee for curatorial costs paid by the provide technical assistance include, grantee as a part of the grant project; but are not limited to the: (4) As authorized under section 110(g) (1) Federal agency’s Historic Preser- of the National Historic Preservation vation Officer; Act (16 U.S.C. 470h–2), reimbursing a (2) State Historic Preservation Offi- State agency for curatorial costs paid cer; by the State agency to carry out the
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historic preservation responsibilities of inventorying, maintaining, and con- the Federal agency; serving the collection on a long-term (5) Conducting inspections and inven- basis. tories in accordance with § 79.11 of this (1) Funds to initially process, catalog part; and and accession a collection to be gen- (6) When a repository that is housing erated during identification and eval- and maintaining a collection can no uation surveys should be included in longer provide adequate long-term cu- project planning budgets. ratorial 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 provide curatorial services at no cost (2) Notified the Committee on Energy to the U.S. Government. This generally and Natural Resources of the U.S. Sen- occurs when a collection is excavated ate and the Committee on Interior and or removed from public or Indian lands Insular Affairs of the U.S. House of under a research permit issued pursu- Representatives. ant to the Antiquities Act (16 U.S.C. [55 FR 37630, Sept. 12, 1990; 55 FR 41639, Oct. 431–433) or the Archaeological Re- 10, 1990] sources Protection Act (16 U.S.C. 470aa–mm). A repository also may agree § 79.8 Terms and conditions to include to provide curatorial services as a pub- in contracts, memoranda and agree- lic service or as a means of ensuring di- ments for curatorial services. rect access to a collection for long- The Federal Agency Official shall en- term study and use. Federal agencies sure that any contract, memorandum, should ensure that a repository that agreement or other appropriate written agrees to provide curatorial services at instrument for curatorial services that no cost to the U.S. Government has is entered into by or on behalf of that sufficient financial resources to sup- Official, a Repository Official and any port its operations and any needed im- other appropriate party contains the provements. following: (d) Funds provided to a repository for (a) A statement that identifies the curatorial services should include costs collection or group of collections to be for initially processing, cataloging and covered and any other U.S. Govern- accessioning the collection as well as ment-owned personal property to be costs for storing, inspecting, furnished to the repository;
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(b) A statement that identifies who and approve consumptive uses. When owns and has jurisdiction over the col- the repository’s existing operating pro- lection; cedures and criteria for evaluating re- (c) A statement of work to be per- quests to use collections are consistent formed by the repository; with the regulations in this part, they (d) A statement of the responsibil- may be used, after making any nec- ities of the Federal agency and any essary modifications, in lieu of devel- other appropriate party; oping new ones; (e) When the collection is from In- (k) Instructions for restricting access dian lands: to information relating to the nature, (1) A statement that the Indian land- owner and the Indian tribe having ju- location and character of the pre- risdiction over the lands consent to the historic or historic resource from disposition; and which the material remains are exca- (2) Such terms and conditions as may vated or removed; be requested by the Indian landowner (l) A statement that copies of any and the Indian tribe having jurisdic- publications resulting from study of tion over the lands; the collection are to be provided to the (f) When the collection is from a site Federal Agency Official and, when the on public lands that the Federal Agen- collection is from Indian lands, to the cy Official has determined is of reli- Tribal Official and the Tribal Historic gious or cultural importance to any In- Preservation Officer, if any, of the In- dian tribe having aboriginal or historic dian tribe that owns or has jurisdiction ties to such lands, such terms and con- over such lands; ditions as may have been developed (m) A statement that specifies the pursuant to §–.7 of uniform regulations frequency and methods for conducting 43 CFR part 7, 36 CFR part 296, 18 CFR and documenting the inspections and part 1312, and 32 CFR part 229; inventories stipulated in § 79.11 of this (g) The term of the contract, memo- part; randum or agreement; and procedures for modification, suspension, exten- (n) A statement that the Repository sion, and termination; Official shall redirect any request for (h) A statement of costs associated transfer or repatriation of a federally- with the contract, memorandum or owned collection (or any part thereof) agreement; the funds or services to be to the Federal Agency Official, and re- provided by the repository, the Federal direct any request for transfer or repa- agency and any other appropriate triation of a federally administered party; and the schedule for any pay- collection (or any part thereof) to the ments; Federal Agency Official and the owner; (i) Any special procedures and re- (o) A statement that the Repository strictions for handling, storing, in- Official shall not transfer, repatriate or specting, inventorying, cleaning, con- discard a federally-owned collection (or serving, and exhibiting the collection; any part thereof) without the written (j) Instructions and any terms and permission of the Federal Agency Offi- conditions for making the collection cial, and not transfer, repatriate or dis- available for scientific, educational card a federally administered collec- and religious uses, including proce- tion (or any part thereof) without the dures and criteria to be used by the Re- written permission of the Federal pository Official to review, approve or Agency Official and the owner; deny, and document actions taken in response to requests for study, labora- (p) A statement that the Repository tory analysis, loan, exhibition, use in Official shall not sell the collection; religious rituals or spiritual activities, and and other uses. When the Repository (q) A statement that the repository Official to approve consumptive uses, shall provide curatorial services in ac- this should be specified; otherwise, the cordance with the regulations in this Federal Agency Official should review part.
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§ 79.9 Standards to determine when a (ii) Having an appropriate and oper- repository possesses the capability ational fire detection and suppression to provide adequate long-term cura- system; torial services. (iii) Having an appropriate and oper- The Federal Agency Official shall de- ational intrusion detection and deter- termine that a repository has the capa- rent system; bility to provide adequate long-term (iv) Having an adequate emergency curatorial services when the repository management plan that establishes pro- is able to: cedures for responding to fires, floods, (a) Accession, label, catalog, store, natural disasters, civil unrest, acts of maintain, inventory and conserve the violence, structural failures and fail- particular collection on a long-term ures of mechanical systems within the basis using professional museum and physical plant; archival practices; and (v) Providing fragile or valuable (b) Comply with the following, as ap- items in a collection with additional propriate to the nature and consent of security such as locking the items in a the collection; safe, vault or museum specimen cabi- (1) Maintain complete and accurate net, as appropriate; records of the collection, including: (vi) Limiting and controlling access (i) Records on acquisitions; to keys, the collection and the physical 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 (2) Dedicate the requisite facilities, (iii) Preserves data that may be stud- equipment and space in the physical ied in future laboratory analyses. When plant to properly store, study and con- material remains in a collection are to serve the collection. Space used for be treated with chemical solutions or storage, study, conservation and, if ex- preservatives that will permanently hibited, any exhibition must not be alter the remains, when possible, re- used for non-curatorial purposes that tain untreated representative samples would endanger or damage the collec- of each affected artifact type, environ- tion; mental specimen or other category of (3) Keep the collection under phys- material remains to be treated. Un- ically secure conditions within storage, treated samples should not be sta- laboratory, study and any exhibition bilized or conserved beyond dry brush- areas by: ing; (i) Having the physical plant meet (6) Store site forms, field notes, arti- local electrical, fire, building, health facts inventory lists, computer disks and safety codes; and tapes, catalog forms and a copy of
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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 universtiy. The Tribal Historic Preser- torial facility and the Federal agency vation Officer and Indian tribal mu- as the owner or administrator, as ap- seum ordinarily maintain records on propriate. When the collection is from collections recovered from sites lo- Indian lands and the Indian landowner cated on Indian lands. The National and the Indian tribe having jurisdic- Technical Information Service and the tion over the lands wish to be identi- Defense Technical Information Service fied, those individuals and the Indian maintain copies of final reports that tribe shall also be acknowledged. Cop- have been deposited by Federal agen- ies of any resulting publications shall cies. The National Archeological Data- be provided to the Repository Official base maintains summary information and the Federal Agency Official. When on archeological reports and projects, Indian lands are involved, copies of including information on the location such publications shall also be provided of those reports. to the Tribal Offical 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 (9) Provide access to the collection in and religious groups that have aborigi- accordance with § 79.10 of this part. nal or historic ties to the lands from [55 FR 37630, Sept. 12, 1990; 55 FR 41639, Oct. which the remains are recovered, and 10, 1990] have traditionally used the remains or class of remains in religious rituals or § 79.10 Use of collections. spiritual activities. (a) The Federal Agency Official shall (d) Terms and conditions. (1) In accord- ensure that the Repository Official ance with section 9 of the Archae- makes the collection available for sci- ological Resources Protection Act (16 entific, educational and religious uses, U.S.C. 470hh) and section 304 of the Na- subject to such terms and conditions as tional Historic Preservation Act (16 are necessary to protect and preserve U.S.C. 470 w–3), the Federal Agency Of- the condition, research potential, reli- ficial shall restrict access to associated gious or sacred importance, and records that contain information relat- uniqueness of the collection. ing to the nature, location or character
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of a prehistoric or historic resource un- (5) The Federal Agency Official shall less the Federal Agency Official deter- not allow uses that would alter, dam- mines that such disclosure would not age or destory an object in a collection create a risk of harm, theft or destruc- unless the Federal Agency Official de- tion to the resource or to the area or termines that such use is necessary for place where the resource is located. scientifc studies or public interpreta- (2) Section –.18(a)(2) of uniform regu- tion, and the potential gain in sci- lations 43 CFR part 7, 36 CFR part 296, entific or interpretive information out- 18 CFR part 1312, and 32 CFR part 229 weighs the potential loss of the object. sets forth procedures whereby informa- When possible, such use should be lim- tion relating to the nature, location or ited to unprovenienced, nonunique, character of a prehistoric or historic nonfragile objects, or to a sample of resource may be made available to the objects drawn from a larger collection Governor of any State. The Federal of similar objects. Agency Official may make information (e) No collection (or a part thereof) available to other persons who, fol- shall be loaned to any person without a lowing the procedures in §–.18(a)(2) written agreement between the Reposi- of the referenced uniform regulations, tory Official and the borrower that demonstrate that the disclosure will specifies the terms and conditions of not create a risk of harm, theft or de- the loan. Appendix C to the regulations struction to the resource or to the area in this part contains an example of a or place where the resource is located. short-term loan agreement for a feder- Other persons generally would include, ally-owned collection. At a minimum, but not be limited to, archeological a loan agreement shall specify: contractors, researchers, scholars, trib- (1) The collection or object being al representatives, Federal, State and loaned; local agency personnel, and other per- (2) The purpose of the loan; sons who are studying the resource or (3) The length of the loan; class or resources. (4) Any restrictions on scientific, 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 scentific, (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. or cultural importance to any Indian (f) The Federal Agency Official shall tribe having aboriginal or historic ties ensure that the Repository Official to such lands, the Federal Agency Offi- maintains administrative records that cial shall place such terms and condi- document approved scentific, edu- tions as may have been developed pur- cational and religious uses of the col- suant to §–.7 of uniform regulations 43 lection. CFR part 7, 36 CFR part 296, 18 CFR (g) The Repository Official may part 1312, and 32 CFR part 229 on: charge persons who study, borrow or (i) Scientific, educational or religious use a collection (or a part thereof) rea- uses of material remains; and sonable fees to cover costs for han- (ii) Access to associated records that dling, packing, shipping and insuring contain information relating to the na- material remains, for photocopying as- ture, location or character of the re- sociated records, and for other related source. incidental costs.
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§ 79.11 Conduct of inspections and in- from Indian lands, the Indian land- ventories. owner 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, plementing regulation (41 CFR part deterioriation and damage to, or de- 101), any agency-specific regulations on struction of the collection (or a part the management of Federal property, thereof) or any other U.S. Government- and any agency-specific statutes and owned personal property, prepares and regulations on the management of mu- provides the Federal Agency Official seum collections. with a written notification of the cir- (b) Consistent with paragraph (a) of cumstances surrounding the loss, theft, this section, the Federal Agency Offi- deterioration, damage or destruction. cial shall ensure that the Repository When the collection is from Indian Official: lands, the Indian landowner and the (1) Provides the Federal Agency Offi- Tribal Official of the Indian tribe that cial and, when the collection is from has jurisdiction over the lands shall Indian lands, the Indian landowner and also be provided with a copy of the no- the Tribal Offical of the Indian tribe tification; and 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 (6) Periodically inventories any other any other U.S. Government-owned per- U.S. Government-owned personal prop- sonal property; and erty in the possession of the reposi- (2) Periodically inspect the reposi- tory; tory, the collection and any other U.S. (7) Has qualified museum profes- Government-owned personal property sionals conduct the inspections and in- for the purposes of: ventories; (i) Determining whether the reposi- (8) Following each inspection and in- tory is in compliance with the min- ventory, prepares and provides the Fed- imum standards set forth in § 79.9 of eral Agency Official with a written re- this part; and port of the results of the inspection (ii) Evaluating the performance of and inventory, including the status of the repository in providing curatorial the collection, treatments completed services under any contract, memo- and recommendations for additional randum, agreement or other appro- treatments. When the collection is priate written instrument.
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(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 [55 FR 37630, Sept. 12, 1990; 55 FR 41639, Oct. part 296, 18 CFR part 1312, and 32 CFR 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 DEED OF GIFT on a more frequent basis than lithic or TO THE more stable remains or records. (Name of the Federal agency) (4) Because frequent handling will ac- Whereas, the (name of the Federal agency), celerate the breakdown of fragile mate- hereinafter called the Recipient, is dedi- rials, material remains and records cated to the preservation and protection of should be viewed but handled as little 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, listed in Attachment A to this Deed of valuable nature should be inventoried Gift, were recoverd from the (name of the on a more frequent basis than other prehistoric or historic resource) site in less valuable remains or records. connection with the Recipient’s (name of (6) Persons such as those listed in the Recipient’s project) project; § 79.6(c) of this part who have expertise Whereas, the (name of the prehistoric or his- in the management and preservation of toric 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 Donor holds free and clear title to the arti- Official concerning the appropriate fre- facts and specimens; and quency and methods for conducting in- Whereas, the Donor is desirous of donating spections and inventories of a par- the artifacts and specimens to the Recipi- ticular collection. ent to ensure their continued preservation (e) Consistent with the Single Audit and protection; Act (31 U.S.C. 75), when two or more Now therefore, the Donor does hereby uncon- Federal agencies deposit collections in ditionally donate to the Recipient, for un- the same repository, the Federal Agen- restricted use, the artifacts and specimens listed in Attachment A to this Deed of cy Officials should enter into an inter- Gift; and agency agreement for the purposes of: The Recipient hereby gratefully (1) Requesting the Repository Official acknowleges the receipt of the artifacts and to coordinate the inspections and in- specimens. ventories, stipulated in paragraph (b) Signed: (signature of the Donor) of this section, for each of the collec- tions; Date: (date) (2) Designating one or more qualified Signed: (signature of the Federal Agency Of- Federal agency professionals to: ficial)
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Date: (date) (name of the county) county, in the State of (name of the State). Attachment A: Inventory of Artifacts and b. Perform all work necessary to protect Specimens. the Collection in accordance with the regula- [55 FR 37630, Sept. 12, 1990; 55 FR 41639, Oct. tion 36 CFR part 79 for the curation of feder- 10, 1990] ally-owned and administered archeological collections and the terms and conditions APPENDIX B TO PART 79—EXAMPLE OF A stipulated in Attachment C to this Memo- MEMORANDUM OF UNDERSTANDING randum. FOR CURATORIAL SERVICES FOR A c. Assign as the Curator, the Collections FEDERALLY-OWNED COLLECTION Manager and the Conservator having respon- sibility for the work under this Memo- MEMORANDUM OF UNDERSTANDING FOR randum, persons who are qualified museum CURATORIAL SERVICES BETWEEN THE professionals and whose expertise is appro- (Name of the Federal agency) priate to the nature and content of the Col- AND THE lection. (Name of the Repository) d. Begin all work on or about (month, date This Memorandum of Understanding is en- and year) and continue for a period of (num- tered into this (day) day of (month and ber of years) years or until sooner termi- year), between the United States of America, nated or revoked in accordance with the acting by and through the (name of the Fed- terms set forth herein. eral agency), hereinafter called the Deposi- e. Provide and maintain a repository facil- tor, and the (name of the Repository), here- ity having requisite equipment, space and inafter called the Repository, in the State of adequate safeguards for the physical security (name of the State). and controlled environment for the Collec- The Parties do witnesseth that, tion and any other U.S. Government-owned personal property in the possession of the Whereas, the Depositor has the responsibility Repository. under Federal law to preserve for future f. Not in any way adversely alter or deface use certain collections of archeological ar- any of the Collection except as may be abso- tifacts, specimens and associated records, lutely necessary in the course of stabiliza- herein called the Collection, listed in At- tion, conservation, scientific study, analysis tachment A which is attached hereto and and research. Any activity that will involve made a part hereof, and is desirous of ob- the intentional destruction of any of the Col- taining curatorial services; and lection must be approved in advance and in Whereas, the Repository is desirous of ob- writing by the Depositor. taining, housing and maintaining the Col- g. Annually inspect the facilities, the Col- lection, and recognizes the benefits which lection and any other U.S. Government- will accrue to it, the public and scientific owned personal property. Every (number of interests by housing and maintaining the years) years inventory the Collection and Collection for study and other educational any other U.S. Government-owned personal purposes; and property. Perform only those conservation Whereas, the Parties hereto recognize the treatments as are absolutely necessary to Federal Government’s continued ownership ensure the physical stability and integrity of and control over the Collection and any the Collection, and report the results of in- other U.S. Government-owned personal ventories, inspections and treatments to the property, listed in Attachment B which is Depositor. attached hereto and made a part hereof, h. Within five (5) days of discovery, report provided to the Repository, and the Fed- all instances of and circumstances sur- eral Government’s responsibility to ensure rounding loss of, deterioration and damage that the Collection is suitably managed to, or destruction of the Collection and any and preserved for the public good; and other U.S. Government-owned personal prop- Whereas, the Parties hereto recognize the erty to the Depositor, and those actions mutual benefits to be derived by having taken to stabilize the Collection and to cor- the Collection suitably housed and main- rect any deficiencies in the physical plant or tained by the Repository; operating procedures that may have contrib- Now therefore, the Parties do mutually agree uted to the loss, deterioration, damage or de- as follows: struction. Any actions that will involve the 1. The Repository shall: repair and restoration of any of the Collec- a. Provide for the professional care and tion and any other U.S. Government-owned management of the Collection from the personal property must be approved in ad- (names of the prehistoric and historic re- vance and in writing by the Depositor. sources) sites, assigned (list site numbers) i. Review and approve or deny requests for site numbers. The collections were recovered access to or short-term loan of the Collec- in connection with the (name of the Federal tion (or a part thereof) for scientific, edu- or federally-authorized project) project, lo- cational or religious uses in accordance with cated in (name of the nearest city or town), the regulation 36 CFR part 79 for the
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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: terioration and contamination during han- a. On or about (month, date and year), de- dling, packaging and shipping, and in accord- liver or cause to be delivered to the Reposi- ance with other conditions specified in writ- tory the Collection, as described in Attach- ing by the Depositor. If the Repository ter- ment A, and any other U.S. Government- minates, or is in default of, this Memo- owned personal property, as described in At- randum, the Repository shall fund the pack- tachment B. aging and transportation costs. If the De- b. Assign as the Depositor’s Representative positor terminates this Memorandum, the having full authority with regard to this Depositor shall fund the packaging and Memorandum, a person who meets pertinent transportation costs. professional qualifications. 7. Title to the Collection being cared for c. Every (number of years) years, jointly and maintained under this Memorandum lies with the Repository’s designated representa- with the Federal Government. tive, have the Depositor’s Representative in- 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 Date: (date) part thereof). 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 pur- poses 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 tered archeological collections; the terms Attachment C: Terms and Conditions Re- and conditions stipulated in Attachment C quired by the Depositor to this Memorandum; any conditions for handling, packaging and transporting the APPENDIX C TO PART 79—EXAMPLE OF A Collection; and other conditions that may be SHORT-TERM LOAN AGREEMENT FOR specified by the Repository to prevent break- A FEDERALLY-OWNED COLLECTION age, deterioration and contamination. 4. The Collection or portions thereof may SHORT-TERM LOAN AGREEMENT be exhibited, photographed or otherwise re- BETWEEN THE produced and studied in accordance with the (Name of the Repository) terms and conditions stipulated in Attach- AND THE ment C to this Memorandum. All exhibits, (Name of the Borrower) reproductions and studies shall credit the The (name of the Repository), hereinafter Depositor, and read as follows: ‘‘Courtesy of called the Repository, agrees to loan to the (name of the Federal agency).’’ The Re- (name of the Borrower), hereinafter called pository agrees to provide the Depositor the Borrower, certain artifacts, specimens with copies of any resulting publications. and associated records, listed in Attachment 5. The Repository shall maintain complete A, which were collected from the (name of and accurate records of the Collection and the prehistoric or historic resource) site any other U.S. Government-owned personal which is assigned (list site number) site
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number. The collection was recovered in con- the Repository, take steps to conserve dam- nection with the (name of the Federal or fed- aged materials. erally authorized project) project, located in The Borrower agrees to acknowledge and (name of the nearest city or town), (name of credit the U.S. Government and the Reposi- the county) county in the State of (name of tory in any exhibits or publications resulting the State). The Collection is the property of from the loan. The credit line shall read as the U.S. Government. follows: ‘‘Courtesy of the (names of the Fed- The artifacts, specimens and associated eral agency and the Repository).’’ The Bor- records are being loaned for the purpose of rower agrees to provide the Repository and (cite the purpose of the loan), beginning on the (name of the Federal agency) with copies (month, day and year) and ending on (month, of any resulting publications. day and year). Upon termination of this agreement, the During the term of the loan, the Borrower Borrower agrees to properly package and agrees to handle, package and ship or trans- ship or transport the Collection to the Re- port the Collection in a manner that pro- pository. tects it from breakage, loss, deterioration Either party may terminate this agree- and contamination, in conformance with the ment, effective not less than (number of regulation 36 CFR part 79 for the curation of days) days after receipt by the other party of federally-owned and administered archeo- written notice, without further liability to logical collections and the terms and condi- either party. tions stipulated in Attachment B to this Signed: (signature of the Repository Official) loan agreement. Date: (date) The Borrower agrees to assume full respon- sibility for insuring the Collection or for pro- Signed: (signature of the Borrower) viding funds for the repair or replacement of Date: (date) objects that are damaged or lost during tran- Attachment A: Inventory of the Objects sit and while in the Borrower’s possession. being Loaned. Within five (5) days of discovery, the Bor- Attachment B: Terms and Conditions of rower will notify the Repository of instances the Loan. and circumstances surrounding any loss of, deterioration and damage to, or destruction of the Collection and will, at the direction of PARTS 80–199 [RESERVED]
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A list of CFR titles, subtitles, chapters, subchapters and parts and an alphabet- ical list of agencies publishing in the CFR are included in the CFR Index and Finding Aids volume to the Code of Federal Regulations which is published sepa- rately and revised annually. Table of CFR Titles and Chapters Alphabetical List of Agencies Appearing in the CFR List of CFR Sections Affected
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Title 1—General Provisions
I Administrative Committee of the Federal Register (Parts 1—49) II Office of the Federal Register (Parts 50—299) IV Miscellaneous Agencies (Parts 400—500)
Title 2—[Reserved]
Title 3—The President
I Executive Office of the President (Parts 100—199)
Title 4—Accounts
I General Accounting Office (Parts 1—99)
Title 5—Administrative Personnel
I Office of Personnel Management (Parts 1—1199) II Merit Systems Protection Board (Parts 1200—1299) III Office of Management and Budget (Parts 1300—1399) V The International Organizations Employees Loyalty Board (Parts 1500—1599) VI Federal Retirement Thrift Investment Board (Parts 1600—1699) VII Advisory Commission on Intergovernmental Relations (Parts 1700—1799) VIII Office of Special Counsel (Parts 1800—1899) IX Appalachian Regional Commission (Parts 1900—1999) XI Armed Forces Retirement Home (Part 2100) XIV Federal Labor Relations Authority, General Counsel of the Fed- eral Labor Relations Authority and Federal Service Impasses Panel (Parts 2400—2499) XV Office of Administration, Executive Office of the President (Parts 2500—2599) XVI Office of Government Ethics (Parts 2600—2699) XXI Department of the Treasury (Parts 3100—3199) XXII Federal Deposit Insurance Corporation (Part 3201) XXIII Department of Energy (Part 3301) XXIV Federal Energy Regulatory Commission (Part 3401)
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XXV Department of the Interior (Part 3501) XXVI Department of Defense (Part 3601) XXVIII Department of Justice (Part 3801) XXIX Federal Communications Commission (Parts 3900—3999) XXX Farm Credit System Insurance Corporation (Parts 4000—4099) XXXI Farm Credit Administration (Parts 4100—4199) XXXIII Overseas Private Investment Corporation (Part 4301) XXXV Office of Personnel Management (Part 4501) XL Interstate Commerce Commission (Part 5001) XLI Commodity Futures Trading Commission (Part 5101) XLII Department of Labor (Part 5201) XLIII National Science Foundation (Part 5301) XLV Department of Health and Human Services (Part 5501) XLVI Postal Rate Commission (Part 5601) XLVII Federal Trade Commission (Part 5701) XLVIII Nuclear Regulatory Commission (Part 5801) L Department of Transportation (Part 6001) LII Export-Import Bank of the United States (Part 6201) LIII Department of Education (Parts 6300—6399) LIV Environmental Protection Agency (Part 6401) LVII General Services Administration (Part 6701) LVIII Board of Governors of the Federal Reserve System (Part 6801) LIX National Aeronautics and Space Administration (Part 6901) LX United States Postal Service (Part 7001) LXI National Labor Relations Board (Part 7101) LXII Equal Employment Opportunity Commission (Part 7201) LXIII Inter-American Foundation (Part 7301) LXV Department of Housing and Urban Development (Part 7501) LXVI National Archives and Records Administration (Part 7601) LXIX Tennessee Valley Authority (Part 7901) LXXI Consumer Product Safety Commission (Part 8101) LXXIII Department of Agriculture (Part 8301) LXXIV Federal Mine Safety and Health Review Commission (Part 8401) LXXVI Federal Retirement Thrift Investment Board (Part 8601) LXXVII Office of Management and Budget (Part 8701)
Title 6—[Reserved]
Title 7—Agriculture
SUBTITLE A—OFFICE OF THE SECRETARY OF AGRICULTURE (PARTS 0—26) SUBTITLE B—REGULATIONS OF THE DEPARTMENT OF AGRICULTURE
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I Agricultural Marketing Service (Standards, Inspections, Mar- keting Practices), Department of Agriculture (Parts 27—209) II Food and Nutrition Service, Department of Agriculture (Parts 210—299) III Animal and Plant Health Inspection Service, Department of Ag- riculture (Parts 300—399) IV Federal Crop Insurance Corporation, Department of Agriculture (Parts 400—499) V Agricultural Research Service, Department of Agriculture (Parts 500—599) VI Natural Resources Conservation Service, Department of Agri- culture (Parts 600—699) VII Farm Service Agency, Department of Agriculture (Parts 700— 799) VIII Grain Inspection, Packers and Stockyards Administration (Fed- eral Grain Inspection Service), Department of Agriculture (Parts 800—899) IX Agricultural Marketing Service (Marketing Agreements and Or- ders; Fruits, Vegetables, Nuts), Department of Agriculture (Parts 900—999) X Agricultural Marketing Service (Marketing Agreements and Or- ders; Milk), Department of Agriculture (Parts 1000—1199) XI Agricultural Marketing Service (Marketing Agreements and Or- ders; Miscellaneous Commodities), Department of Agriculture (Parts 1200—1299) XIII Northeast Dairy Compact Commission (Parts 1300—1399) XIV Commodity Credit Corporation, Department of Agriculture (Parts 1400—1499) XV Foreign Agricultural Service, Department of Agriculture (Parts 1500—1599) XVI Rural Telephone Bank, Department of Agriculture (Parts 1600— 1699) XVII Rural Utilities Service, Department of Agriculture (Parts 1700— 1799) XVIII Rural Housing Service, Rural Business-Cooperative Service, Rural Utilities Service, and Farm Service Agency, Depart- ment of Agriculture (Parts 1800—2099) XXVI Office of Inspector General, Department of Agriculture (Parts 2600—2699) XXVII Office of Information Resources Management, Department of Agriculture (Parts 2700—2799) XXVIII Office of Operations, Department of Agriculture (Parts 2800— 2899) XXIX Office of Energy, Department of Agriculture (Parts 2900—2999) XXX Office of the Chief Financial Officer, Department of Agriculture (Parts 3000—3099) XXXI Office of Environmental Quality, Department of Agriculture (Parts 3100—3199) XXXII Office of Procurement and Property Management, Department of Agriculture (Parts 3200—3299)
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XXXIII Office of Transportation, Department of Agriculture (Parts 3300—3399) XXXIV Cooperative State Research, Education, and Extension Service, Department of Agriculture (Parts 3400—3499) XXXV Rural Housing Service, Department of Agriculture (Parts 3500— 3599) XXXVI National Agricultural Statistics Service, Department of Agri- culture (Parts 3600—3699) XXXVII Economic Research Service, Department of Agriculture (Parts 3700—3799) XXXVIII World Agricultural Outlook Board, Department of Agriculture (Parts 3800—3899) XLI [Reserved] XLII Rural Business-Cooperative Service and Rural Utilities Service, Department of Agriculture (Parts 4200—4299)
Title 8—Aliens and Nationality
I Immigration and Naturalization Service, Department of Justice (Parts 1—599)
Title 9—Animals and Animal Products
I Animal and Plant Health Inspection Service, Department of Ag- riculture (Parts 1—199) II Grain Inspection, Packers and Stockyards Administration (Packers and Stockyards Programs), Department of Agri- culture (Parts 200—299) III Food Safety and Inspection Service, Department of Agriculture (Parts 300—599)
Title 10—Energy
I Nuclear Regulatory Commission (Parts 0—199) II Department of Energy (Parts 200—699) III Department of Energy (Parts 700—999) X Department of Energy (General Provisions) (Parts 1000—1099) XVII Defense Nuclear Facilities Safety Board (Parts 1700—1799) XVIII Northeast Interstate Low-Level Radioactive Waste Commission (Part 1800)
Title 11—Federal Elections
I Federal Election Commission (Parts 1—9099)
Title 12—Banks and Banking
I Comptroller of the Currency, Department of the Treasury (Parts 1—199)
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II Federal Reserve System (Parts 200—299) III Federal Deposit Insurance Corporation (Parts 300—399) IV Export-Import Bank of the United States (Parts 400—499) V Office of Thrift Supervision, Department of the Treasury (Parts 500—599) VI Farm Credit Administration (Parts 600—699) VII National Credit Union Administration (Parts 700—799) VIII Federal Financing Bank (Parts 800—899) IX Federal Housing Finance Board (Parts 900—999) XI Federal Financial Institutions Examination Council (Parts 1100—1199) XIV Farm Credit System Insurance Corporation (Parts 1400—1499) XV Department of the Treasury (Parts 1500—1599) XVII Office of Federal Housing Enterprise Oversight, Department of Housing and Urban Development (Parts 1700—1799) XVIII Community Development Financial Institutions Fund, Depart- ment of the Treasury (Parts 1800—1899)
Title 13—Business Credit and Assistance
I Small Business Administration (Parts 1—199) III Economic Development Administration, Department of Com- merce (Parts 300—399) IV Emergency Steel Guarantee Loan Board (Parts 400—499) V Emergency Oil and Gas Guaranteed Loan Board (Parts 500—599)
Title 14—Aeronautics and Space
I Federal Aviation Administration, Department of Transportation (Parts 1—199) II Office of the Secretary, Department of Transportation (Aviation Proceedings) (Parts 200—399) III Commercial Space Transportation, Federal Aviation Adminis- tration, Department of Transportation (Parts 400—499) V National Aeronautics and Space Administration (Parts 1200— 1299)
Title 15—Commerce and Foreign Trade
SUBTITLE A—OFFICE OF THE SECRETARY OF COMMERCE (PARTS 0— 29) SUBTITLE B—REGULATIONS RELATING TO COMMERCE AND FOREIGN TRADE I Bureau of the Census, Department of Commerce (Parts 30—199) II National Institute of Standards and Technology, Department of Commerce (Parts 200—299) III International Trade Administration, Department of Commerce (Parts 300—399)
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IV Foreign-Trade Zones Board, Department of Commerce (Parts 400—499) VII Bureau of Export Administration, Department of Commerce (Parts 700—799) VIII Bureau of Economic Analysis, Department of Commerce (Parts 800—899) IX National Oceanic and Atmospheric Administration, Department of Commerce (Parts 900—999) XI Technology Administration, Department of Commerce (Parts 1100—1199) XIII East-West Foreign Trade Board (Parts 1300—1399) XIV Minority Business Development Agency (Parts 1400—1499) SUBTITLE C—REGULATIONS RELATING TO FOREIGN TRADE AGREE- MENTS XX Office of the United States Trade Representative (Parts 2000— 2099) SUBTITLE D—REGULATIONS RELATING TO TELECOMMUNICATIONS AND INFORMATION XXIII National Telecommunications and Information Administration, Department of Commerce (Parts 2300—2399)
Title 16—Commercial Practices
I Federal Trade Commission (Parts 0—999) II Consumer Product Safety Commission (Parts 1000—1799)
Title 17—Commodity and Securities Exchanges
I Commodity Futures Trading Commission (Parts 1—199) II Securities and Exchange Commission (Parts 200—399) IV Department of the Treasury (Parts 400—499)
Title 18—Conservation of Power and Water Resources
I Federal Energy Regulatory Commission, Department of Energy (Parts 1—399) III Delaware River Basin Commission (Parts 400—499) VI Water Resources Council (Parts 700—799) VIII Susquehanna River Basin Commission (Parts 800—899) XIII Tennessee Valley Authority (Parts 1300—1399)
Title 19—Customs Duties
I United States Customs Service, Department of the Treasury (Parts 1—199) II United States International Trade Commission (Parts 200—299) III International Trade Administration, Department of Commerce (Parts 300—399)
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I Office of Workers’ Compensation Programs, Department of Labor (Parts 1—199) II Railroad Retirement Board (Parts 200—399) III Social Security Administration (Parts 400—499) IV Employees’ Compensation Appeals Board, Department of Labor (Parts 500—599) V Employment and Training Administration, Department of Labor (Parts 600—699) VI Employment Standards Administration, Department of Labor (Parts 700—799) VII Benefits Review Board, Department of Labor (Parts 800—899) VIII Joint Board for the Enrollment of Actuaries (Parts 900—999) IX Office of the Assistant Secretary for Veterans’ Employment and Training, Department of Labor (Parts 1000—1099)
Title 21—Food and Drugs
I Food and Drug Administration, Department of Health and Human Services (Parts 1—1299) II Drug Enforcement Administration, Department of Justice (Parts 1300—1399) III Office of National Drug Control Policy (Parts 1400—1499)
Title 22—Foreign Relations
I Department of State (Parts 1—199) II Agency for International Development (Parts 200—299) III Peace Corps (Parts 300—399) IV International Joint Commission, United States and Canada (Parts 400—499) V Broadcasting Board of Governors (Parts 500—599) VII Overseas Private Investment Corporation (Parts 700—799) IX Foreign Service Grievance Board Regulations (Parts 900—999) X Inter-American Foundation (Parts 1000—1099) XI International Boundary and Water Commission, United States and Mexico, United States Section (Parts 1100—1199) XII United States International Development Cooperation Agency (Parts 1200—1299) XIII Board for International Broadcasting (Parts 1300—1399) XIV Foreign Service Labor Relations Board; Federal Labor Relations Authority; General Counsel of the Federal Labor Relations Authority; and the Foreign Service Impasse Disputes Panel (Parts 1400—1499) XV African Development Foundation (Parts 1500—1599) XVI Japan-United States Friendship Commission (Parts 1600—1699) XVII United States Institute of Peace (Parts 1700—1799)
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I Federal Highway Administration, Department of Transportation (Parts 1—999) II National Highway Traffic Safety Administration and Federal Highway Administration, Department of Transportation (Parts 1200—1299) III National Highway Traffic Safety Administration, Department of Transportation (Parts 1300—1399)
Title 24—Housing and Urban Development
SUBTITLE A—OFFICE OF THE SECRETARY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (PARTS 0—99) SUBTITLE B—REGULATIONS RELATING TO HOUSING AND URBAN DE- VELOPMENT I Office of Assistant Secretary for Equal Opportunity, Department of Housing and Urban Development (Parts 100—199) II Office of Assistant Secretary for Housing-Federal Housing Com- missioner, Department of Housing and Urban Development (Parts 200—299) III Government National Mortgage Association, Department of Housing and Urban Development (Parts 300—399) IV Office of Housing and Office of Multifamily Housing Assistance Restructuring, Department of Housing and Urban Develop- ment (Parts 400—499) V Office of Assistant Secretary for Community Planning and De- velopment, Department of Housing and Urban Development (Parts 500—599) VI Office of Assistant Secretary for Community Planning and De- velopment, Department of Housing and Urban Development (Parts 600—699) [Reserved] VII Office of the Secretary, Department of Housing and Urban Devel- opment (Housing Assistance Programs and Public and Indian Housing Programs) (Parts 700—799) VIII Office of the Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban Develop- ment (Section 8 Housing Assistance Programs, Section 202 Di- rect Loan Program, Section 202 Supportive Housing for the El- derly Program and Section 811 Supportive Housing for Persons With Disabilities Program) (Parts 800—899) IX Office of Assistant Secretary for Public and Indian Housing, De- partment of Housing and Urban Development (Parts 900—999) X Office of Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban Develop- ment (Interstate Land Sales Registration Program) (Parts 1700—1799) XII Office of Inspector General, Department of Housing and Urban Development (Parts 2000—2099) XX Office of Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban Develop- ment (Parts 3200—3899) XXV Neighborhood Reinvestment Corporation (Parts 4100—4199)
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I Bureau of Indian Affairs, Department of the Interior (Parts 1— 299) II Indian Arts and Crafts Board, Department of the Interior (Parts 300—399) III National Indian Gaming Commission, Department of the Inte- rior (Parts 500—599) IV Office of Navajo and Hopi Indian Relocation (Parts 700—799) V Bureau of Indian Affairs, Department of the Interior, and Indian Health Service, Department of Health and Human Services (Part 900) VI Office of the Assistant Secretary-Indian Affairs, Department of the Interior (Parts 1000—1199) VII Office of the Special Trustee for American Indians, Department of the Interior (Part 1200)
Title 26—Internal Revenue
I Internal Revenue Service, Department of the Treasury (Parts 1— 799)
Title 27—Alcohol, Tobacco Products and Firearms
I Bureau of Alcohol, Tobacco and Firearms, Department of the Treasury (Parts 1—299)
Title 28—Judicial Administration
I Department of Justice (Parts 0—199) III Federal Prison Industries, Inc., Department of Justice (Parts 300—399) V Bureau of Prisons, Department of Justice (Parts 500—599) VI Offices of Independent Counsel, Department of Justice (Parts 600—699) VII Office of Independent Counsel (Parts 700—799) VIII Court Services and Offender Supervision Agency for the District of Columbia (Parts 800—899) IX National Crime Prevention and Privacy Compact Council (Parts 900—999)
Title 29—Labor
SUBTITLE A—OFFICE OF THE SECRETARY OF LABOR (PARTS 0—99) SUBTITLE B—REGULATIONS RELATING TO LABOR I National Labor Relations Board (Parts 100—199) II Office of Labor-Management Standards, Department of Labor (Parts 200—299) III National Railroad Adjustment Board (Parts 300—399) IV Office of Labor-Management Standards, Department of Labor (Parts 400—499)
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V Wage and Hour Division, Department of Labor (Parts 500—899) IX Construction Industry Collective Bargaining Commission (Parts 900—999) X National Mediation Board (Parts 1200—1299) XII Federal Mediation and Conciliation Service (Parts 1400—1499) XIV Equal Employment Opportunity Commission (Parts 1600—1699) XVII Occupational Safety and Health Administration, Department of Labor (Parts 1900—1999) XX Occupational Safety and Health Review Commission (Parts 2200—2499) XXV Pension and Welfare Benefits Administration, Department of Labor (Parts 2500—2599) XXVII Federal Mine Safety and Health Review Commission (Parts 2700—2799) XL Pension Benefit Guaranty Corporation (Parts 4000—4999)
Title 30—Mineral Resources
I Mine Safety and Health Administration, Department of Labor (Parts 1—199) II Minerals Management Service, Department of the Interior (Parts 200—299) III Board of Surface Mining and Reclamation Appeals, Department of the Interior (Parts 300—399) IV Geological Survey, Department of the Interior (Parts 400—499) VI Bureau of Mines, Department of the Interior (Parts 600—699) VII Office of Surface Mining Reclamation and Enforcement, Depart- ment of the Interior (Parts 700—999)
Title 31—Money and Finance: Treasury
SUBTITLE A—OFFICE OF THE SECRETARY OF THE TREASURY (PARTS 0—50) SUBTITLE B—REGULATIONS RELATING TO MONEY AND FINANCE I Monetary Offices, Department of the Treasury (Parts 51—199) II Fiscal Service, Department of the Treasury (Parts 200—399) IV Secret Service, Department of the Treasury (Parts 400—499) V Office of Foreign Assets Control, Department of the Treasury (Parts 500—599) VI Bureau of Engraving and Printing, Department of the Treasury (Parts 600—699) VII Federal Law Enforcement Training Center, Department of the Treasury (Parts 700—799) VIII Office of International Investment, Department of the Treasury (Parts 800—899) IX Federal Claims Collection Standards (Department of the Treas- ury—Department of Justice) (Parts 900—999)
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SUBTITLE A—DEPARTMENT OF DEFENSE I Office of the Secretary of Defense (Parts 1—399) V Department of the Army (Parts 400—699) VI Department of the Navy (Parts 700—799) VII Department of the Air Force (Parts 800—1099) SUBTITLE B—OTHER REGULATIONS RELATING TO NATIONAL DE- FENSE XII Defense Logistics Agency (Parts 1200—1299) XVI Selective Service System (Parts 1600—1699) XVIII National Counterintelligence Center (Parts 1800—1899) XIX Central Intelligence Agency (Parts 1900—1999) XX Information Security Oversight Office, National Archives and Records Administration (Parts 2000—2099) XXI National Security Council (Parts 2100—2199) XXIV Office of Science and Technology Policy (Parts 2400—2499) XXVII Office for Micronesian Status Negotiations (Parts 2700—2799) XXVIII Office of the Vice President of the United States (Parts 2800— 2899)
Title 33—Navigation and Navigable Waters
I Coast Guard, Department of Transportation (Parts 1—199) II Corps of Engineers, Department of the Army (Parts 200—399) IV Saint Lawrence Seaway Development Corporation, Department of Transportation (Parts 400—499)
Title 34—Education
SUBTITLE A—OFFICE OF THE SECRETARY, DEPARTMENT OF EDU- CATION (PARTS 1—99) SUBTITLE B—REGULATIONS OF THE OFFICES OF THE DEPARTMENT OF EDUCATION I Office for Civil Rights, Department of Education (Parts 100—199) II Office of Elementary and Secondary Education, Department of Education (Parts 200—299) III Office of Special Education and Rehabilitative Services, Depart- ment of Education (Parts 300—399) IV Office of Vocational and Adult Education, Department of Edu- cation (Parts 400—499) V Office of Bilingual Education and Minority Languages Affairs, Department of Education (Parts 500—599) VI Office of Postsecondary Education, Department of Education (Parts 600—699) VII Office of Educational Research and Improvement, Department of Education (Parts 700—799) XI National Institute for Literacy (Parts 1100—1199) SUBTITLE C—REGULATIONS RELATING TO EDUCATION XII National Council on Disability (Parts 1200—1299)
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I Panama Canal Regulations (Parts 1—299)
Title 36—Parks, Forests, and Public Property
I National Park Service, Department of the Interior (Parts 1—199) II Forest Service, Department of Agriculture (Parts 200—299) III Corps of Engineers, Department of the Army (Parts 300—399) IV American Battle Monuments Commission (Parts 400—499) V Smithsonian Institution (Parts 500—599) VII Library of Congress (Parts 700—799) VIII Advisory Council on Historic Preservation (Parts 800—899) IX Pennsylvania Avenue Development Corporation (Parts 900—999) X Presidio Trust (Parts 1000—1099) XI Architectural and Transportation Barriers Compliance Board (Parts 1100—1199) XII National Archives and Records Administration (Parts 1200—1299) XV Oklahoma City National Memorial Trust (Part 1501) XVI Morris K. Udall Scholarship and Excellence in National Environ- mental Policy Foundation (Parts 1600—1699)
Title 37—Patents, Trademarks, and Copyrights
I United States Patent and Trademark Office, Department of Commerce (Parts 1—199) II Copyright Office, Library of Congress (Parts 200—299) IV Assistant Secretary for Technology Policy, Department of Com- merce (Parts 400—499) V Under Secretary for Technology, Department of Commerce (Parts 500—599)
Title 38—Pensions, Bonuses, and Veterans’ Relief
I Department of Veterans Affairs (Parts 0—99)
Title 39—Postal Service
I United States Postal Service (Parts 1—999) III Postal Rate Commission (Parts 3000—3099)
Title 40—Protection of Environment
I Environmental Protection Agency (Parts 1—799) IV Environmental Protection Agency and Department of Justice (Parts 1400—1499) V Council on Environmental Quality (Parts 1500—1599) VI Chemical Safety and Hazard Investigation Board (Parts 1600— 1699)
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VII Environmental Protection Agency and Department of Defense; Uniform National Discharge Standards for Vessels of the Armed Forces (Parts 1700—1799)
Title 41—Public Contracts and Property Management
SUBTITLE B—OTHER PROVISIONS RELATING TO PUBLIC CONTRACTS 50 Public Contracts, Department of Labor (Parts 50–1—50–999) 51 Committee for Purchase From People Who Are Blind or Severely Disabled (Parts 51–1—51–99) 60 Office of Federal Contract Compliance Programs, Equal Employ- ment Opportunity, Department of Labor (Parts 60–1—60–999) 61 Office of the Assistant Secretary for Veterans Employment and Training, Department of Labor (Parts 61–1—61–999) SUBTITLE C—FEDERAL PROPERTY MANAGEMENT REGULATIONS SYSTEM 101 Federal Property Management Regulations (Parts 101–1—101–99) 102 Federal Management Regulation (Parts 102–1—102–299) 105 General Services Administration (Parts 105–1—105–999) 109 Department of Energy Property Management Regulations (Parts 109–1—109–99) 114 Department of the Interior (Parts 114–1—114–99) 115 Environmental Protection Agency (Parts 115–1—115–99) 128 Department of Justice (Parts 128–1—128–99) SUBTITLE D—OTHER PROVISIONS RELATING TO PROPERTY MANAGE- MENT [RESERVED] SUBTITLE E—FEDERAL INFORMATION RESOURCES MANAGEMENT REGULATIONS SYSTEM 201 Federal Information Resources Management Regulation (Parts 201–1—201–99) [Reserved] SUBTITLE F—FEDERAL TRAVEL REGULATION SYSTEM 300 General (Parts 300–1—300.99) 301 Temporary Duty (TDY) Travel Allowances (Parts 301–1—301–99) 302 Relocation Allowances (Parts 302–1—302–99) 303 Payment of Expenses Connected with the Death of Certain Em- ployees (Part 303–70) 304 Payment from a Non-Federal Source for Travel Expenses (Parts 304–1—304–99)
Title 42—Public Health
I Public Health Service, Department of Health and Human Serv- ices (Parts 1—199) IV Health Care Financing Administration, Department of Health and Human Services (Parts 400—499) V Office of Inspector General-Health Care, Department of Health and Human Services (Parts 1000—1999)
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SUBTITLE A—OFFICE OF THE SECRETARY OF THE INTERIOR (PARTS 1—199) SUBTITLE B—REGULATIONS RELATING TO PUBLIC LANDS I Bureau of Reclamation, Department of the Interior (Parts 200— 499) II Bureau of Land Management, Department of the Interior (Parts 1000—9999) III Utah Reclamation Mitigation and Conservation Commission (Parts 10000—10005)
Title 44—Emergency Management and Assistance
I Federal Emergency Management Agency (Parts 0—399) IV Department of Commerce and Department of Transportation (Parts 400—499)
Title 45—Public Welfare
SUBTITLE A—DEPARTMENT OF HEALTH AND HUMAN SERVICES (PARTS 1—199) SUBTITLE B—REGULATIONS RELATING TO PUBLIC WELFARE II Office of Family Assistance (Assistance Programs), Administra- tion for Children and Families, Department of Health and Human Services (Parts 200—299) III Office of Child Support Enforcement (Child Support Enforce- ment Program), Administration for Children and Families, Department of Health and Human Services (Parts 300—399) IV Office of Refugee Resettlement, Administration for Children and Families Department of Health and Human Services (Parts 400—499) V Foreign Claims Settlement Commission of the United States, Department of Justice (Parts 500—599) VI National Science Foundation (Parts 600—699) VII Commission on Civil Rights (Parts 700—799) VIII Office of Personnel Management (Parts 800—899) X Office of Community Services, Administration for Children and Families, Department of Health and Human Services (Parts 1000—1099) XI National Foundation on the Arts and the Humanities (Parts 1100—1199) XII Corporation for National and Community Service (Parts 1200— 1299) XIII Office of Human Development Services, Department of Health and Human Services (Parts 1300—1399) XVI Legal Services Corporation (Parts 1600—1699) XVII National Commission on Libraries and Information Science (Parts 1700—1799) XVIII Harry S. Truman Scholarship Foundation (Parts 1800—1899) XXI Commission on Fine Arts (Parts 2100—2199)
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XXIII Arctic Research Commission (Part 2301) XXIV James Madison Memorial Fellowship Foundation (Parts 2400— 2499) XXV Corporation for National and Community Service (Parts 2500— 2599)
Title 46—Shipping
I Coast Guard, Department of Transportation (Parts 1—199) II Maritime Administration, Department of Transportation (Parts 200—399) III Coast Guard (Great Lakes Pilotage), Department of Transpor- tation (Parts 400—499) IV Federal Maritime Commission (Parts 500—599)
Title 47—Telecommunication
I Federal Communications Commission (Parts 0—199) II Office of Science and Technology Policy and National Security Council (Parts 200—299) III National Telecommunications and Information Administration, Department of Commerce (Parts 300—399)
Title 48—Federal Acquisition Regulations System
1 Federal Acquisition Regulation (Parts 1—99) 2 Department of Defense (Parts 200—299) 3 Department of Health and Human Services (Parts 300—399) 4 Department of Agriculture (Parts 400—499) 5 General Services Administration (Parts 500—599) 6 Department of State (Parts 600—699) 7 United States Agency for International Development (Parts 700—799) 8 Department of Veterans Affairs (Parts 800—899) 9 Department of Energy (Parts 900—999) 10 Department of the Treasury (Parts 1000—1099) 12 Department of Transportation (Parts 1200—1299) 13 Department of Commerce (Parts 1300—1399) 14 Department of the Interior (Parts 1400—1499) 15 Environmental Protection Agency (Parts 1500—1599) 16 Office of Personnel Management Federal Employees Health Ben- efits Acquisition Regulation (Parts 1600—1699) 17 Office of Personnel Management (Parts 1700—1799) 18 National Aeronautics and Space Administration (Parts 1800— 1899) 19 Broadcasting Board of Governors (Parts 1900—1999) 20 Nuclear Regulatory Commission (Parts 2000—2099)
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21 Office of Personnel Management, Federal Employees Group Life Insurance Federal Acquisition Regulation (Parts 2100—2199) 23 Social Security Administration (Parts 2300—2399) 24 Department of Housing and Urban Development (Parts 2400— 2499) 25 National Science Foundation (Parts 2500—2599) 28 Department of Justice (Parts 2800—2899) 29 Department of Labor (Parts 2900—2999) 34 Department of Education Acquisition Regulation (Parts 3400— 3499) 35 Panama Canal Commission (Parts 3500—3599) 44 Federal Emergency Management Agency (Parts 4400—4499) 51 Department of the Army Acquisition Regulations (Parts 5100— 5199) 52 Department of the Navy Acquisition Regulations (Parts 5200— 5299) 53 Department of the Air Force Federal Acquisition Regulation Supplement (Parts 5300—5399) 54 Defense Logistics Agency, Department of Defense (Part 5452) 57 African Development Foundation (Parts 5700—5799) 61 General Services Administration Board of Contract Appeals (Parts 6100—6199) 63 Department of Transportation Board of Contract Appeals (Parts 6300—6399) 99 Cost Accounting Standards Board, Office of Federal Procure- ment Policy, Office of Management and Budget (Parts 9900— 9999)
Title 49—Transportation
SUBTITLE A—OFFICE OF THE SECRETARY OF TRANSPORTATION (PARTS 1—99) SUBTITLE B—OTHER REGULATIONS RELATING TO TRANSPORTATION I Research and Special Programs Administration, Department of Transportation (Parts 100—199) II Federal Railroad Administration, Department of Transportation (Parts 200—299) III Federal Motor Carrier Safety Administration, Department of Transportation (Parts 300—399) IV Coast Guard, Department of Transportation (Parts 400—499) V National Highway Traffic Safety Administration, Department of Transportation (Parts 500—599) VI Federal Transit Administration, Department of Transportation (Parts 600—699) VII National Railroad Passenger Corporation (AMTRAK) (Parts 700—799) VIII National Transportation Safety Board (Parts 800—999) X Surface Transportation Board, Department of Transportation (Parts 1000—1399)
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XI Bureau of Transportation Statistics, Department of Transpor- tation (Parts 1400—1499)
Title 50—Wildlife and Fisheries
I United States Fish and Wildlife Service, Department of the Inte- rior (Parts 1—199) II National Marine Fisheries Service, National Oceanic and Atmos- pheric Administration, Department of Commerce (Parts 200— 299) III International Fishing and Related Activities (Parts 300—399) IV Joint Regulations (United States Fish and Wildlife Service, De- partment of the Interior and National Marine Fisheries Serv- ice, National Oceanic and Atmospheric Administration, De- partment of Commerce); Endangered Species Committee Reg- ulations (Parts 400—499) V Marine Mammal Commission (Parts 500—599) VI Fishery Conservation and Management, National Oceanic and Atmospheric Administration, Department of Commerce (Parts 600—699)
CFR Index and Finding Aids
Subject/Agency Index List of Agency Prepared Indexes Parallel Tables of Statutory Authorities and Rules List of CFR Titles, Chapters, Subchapters, and Parts Alphabetical List of Agencies Appearing in the CFR
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CFR Title, Subtitle or Agency Chapter Administrative Committee of the Federal Register 1, I Advanced Research Projects Agency 32, I Advisory Commission on Intergovernmental Relations 5, VII Advisory Council on Historic Preservation 36, VIII African Development Foundation 22, XV Federal Acquisition Regulation 48, 57 Agency for International Development, United States 22, II Federal Acquisition Regulation 48, 7 Agricultural Marketing Service 7, I, IX, X, XI Agricultural Research Service 7, V Agriculture Department 5, LXXIII Agricultural Marketing Service 7, I, IX, X, XI Agricultural Research Service 7, V Animal and Plant Health Inspection Service 7, III; 9, I Chief Financial Officer, Office of 7, XXX Commodity Credit Corporation 7, XIV Cooperative State Research, Education, and Extension 7, XXXIV Service Economic Research Service 7, XXXVII Energy, Office of 7, XXIX Environmental Quality, Office of 7, XXXI Farm Service Agency 7, VII, XVIII Federal Acquisition Regulation 48, 4 Federal Crop Insurance Corporation 7, IV Food and Nutrition Service 7, II Food Safety and Inspection Service 9, III Foreign Agricultural Service 7, XV Forest Service 36, II Grain Inspection, Packers and Stockyards Administration 7, VIII; 9, II Information Resources Management, Office of 7, XXVII Inspector General, Office of 7, XXVI National Agricultural Library 7, XLI National Agricultural Statistics Service 7, XXXVI Natural Resources Conservation Service 7, VI Operations, Office of 7, XXVIII Procurement and Property Management, Office of 7, XXXII Rural Business-Cooperative Service 7, XVIII, XLII Rural Development Administration 7, XLII Rural Housing Service 7, XVIII, XXXV Rural Telephone Bank 7, XVI Rural Utilities Service 7, XVII, XVIII, XLII Secretary of Agriculture, Office of 7, Subtitle A Transportation, Office of 7, XXXIII World Agricultural Outlook Board 7, XXXVIII Air Force Department 32, VII Federal Acquisition Regulation Supplement 48, 53 Alcohol, Tobacco and Firearms, Bureau of 27, I AMTRAK 49, VII American Battle Monuments Commission 36, IV American Indians, Office of the Special Trustee 25, VII Animal and Plant Health Inspection Service 7, III; 9, I Appalachian Regional Commission 5, IX Architectural and Transportation Barriers Compliance Board 36, XI
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1986 36 CFR—Continued 51 FR Page 36 CFR 51 FR Chapter I—Continued Page 8.9 Redesignated as 8.8; new 8.9 re- Chapter I designated from 8.10...... 24656 1 Authority citation revised...... 8978, 8.10 Redesignated as 8.9...... 24656 37010 12 Revised ...... 8979 1.2 Revised ...... 37010 13.10—13.16 Removed ...... 31629 1.3 (a) and (b) revised ...... 8978 13.17 Revised ...... 33484 1.4 (a) amended ...... 37011 13.21 (c) and (d) redesignated as 1.5 (f) revised ...... 29470 (d) and (e); (b) revised; new (c) 1.6 (e), (g), and (h) revised ...... 29470 added...... 33487 2 Authority citation revised ...... 33264 34 Added ...... 29103 2.2 (b)(3) revised...... 33264 50 Authority citation revised ...... 7566 3 Authority citation revised ...... 29470 Removed...... 37019 3.3 Revised ...... 29470 50.19 (e)(11) through (14) redesig- nated as (e)(12) through (15); 7 Authority citation revised ...... 37011 new (e)(11) added ...... 7566 7.9 (a) removed; (b) and (c) redes- 59 Added ...... 34184 ignated as (a) and (b)...... 8493 72.70—72.75 (Subpart E) Added...... 34186 7.10 (a) revised; (b), (c), and (d) re- moved; (e) redesignated as (b) ...... 4736 1987 7.44 Removed...... 33040 36 CFR 52 FR 7.71 (d)(1)(iii) revised; (d)(3) re- Page moved ...... 40419 Chapter I 7.75 (b) revised ...... 35647 1.2 (e) added ...... 10683 7.96 Added ...... 37011 (b) revised...... 35239 8 Authority citation revised ...... 24656 1.4 (a) amended ...... 10683 8.4 Removed; new 8.4 redesig- 1.8 Revised ...... 10683 nated from 8.5 and revised ...... 24656 2 Authority citation revised ...... 10683 8.5 Redesignated as 8.4 and re- 2.2 (g) revised...... 35240 vised; new 8.5 redesignated 2.3 (g) revised...... 35240 from 8.6...... 24656 2.4 (g) revised...... 35240 8.6 Redesignated as 8.5; new 8.6 re- 2.13 (d) revised ...... 35240 designated from 8.7 ...... 24656 2.18 (a) and (d)(4) revised; (d) in- 8.7 Redesignated as 8.6; new 8.7 re- troductory text republished...... 10683 designated from 8.8 ...... 24656 2.22 (d) revised ...... 35240 8.8 Redesignated as 8.7; new 8.8 re- 2.30 (b) revised ...... 35240 designated from 8.9 ...... 24656 2.31 (b) revised ...... 35240
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36 CFR—Continued 52 FR 36 CFR—Continued 52 FR Page Page Chapter I—Continued Chapter I—Continued 2.32 (b) revised ...... 35240 7.43 (c)(5) (iii) and (iv) removed; 2.33 (a) revised ...... 10683 (c)(5)(v) redesignated as 2.34 (b) revised ...... 35240 (c)(5)(iii)...... 10686 2.35 (a)(2) (iii) and (iv) removed; 7.57 (a)(1) designation and (2) re- (a)(3) revised...... 10683 moved; (b) revised ...... 10686 2.36 (b) revised ...... 35240 7.58 (b) removed; (c) redesignated 4 Revised ...... 10683 as (b)...... 10686 5 Authority citation revised ...... 35240 7.65 (b)(2)(ii)(C) amended ...... 10686 5.8 (c) revised...... 35240 7.71 (g) added ...... 34777 5.9 (c) revised...... 35240 7.75 (a)(1)(iii) and (2)(v) removed; (a)(1) (iv), (v) and (vi) redesig- 7 Section authority citations re- nated as (a)(1) (iii), (iv) and (v); moved ...... 10685 (a)(1)(ii) amended ...... 10686 7.3 (g) removed; (h) redesignated 7.92 (c) added...... 34777 as (g)...... 10685 34.5 (a)(1) and (d) revised ...... 10686 7.4 (a) through (f) removed; (g) 59.3 (b)(3)(i) revised...... 22747 through (i) redesignated as (a) 62.2 Amended ...... 5458 through (c) ...... 10685 62.5 Revised ...... 5458 7.7 (h)(3) amended ...... 10685 (d) and (e) removed; (f) through (h) redesignated as (d) 1988 through (f); (b) and new (f)(4) 36 CFR 53 FR amended; eff. 7–20–87...... 23304 Page 7.12 (b)(1)(i) and (2)(v)(B) amend- Chapter I ed ...... 10686 5 Authority citation revised ...... 740 7.13 (a) and (b)(1) removed; (b) (2), 5.8 (a) and (b) revised...... 740 (3) introductory text, (i) and 5.9 (a) and (b) revised...... 740 (ii) redesignated as (a), (b) in- 7.24 Added ...... 3748 troductory text, (1) and (2) ...... 10686 7.48 (f) added ...... 29681 (e) revised ...... 19346 9.1 Revised ...... 25162 7.15 (e) and (f) removed ...... 10686 9.3 (d) added ...... 25162 (a) revised...... 19345 7.16 (d), (f), and (g) removed ...... 10686 1989 7.20 (a)(1) (ix), (x) introductory 36 CFR 54 FR text and (B), (2) (i) and (ii), (5) Page (ii), (iii) and (v), (8) and (10)(ii) Chapter I introductory text revised; 4.15 Added ...... 51199 (a)(1)(x) (C) and (D) and (2)(iii) 7 Authority citation revised ...... 23649 removed; (a)(2) (iv) and (v) and 7.7 (a) revised ...... 4020 (10) (iii) through (ix) redesig- (e) removed; (f) redesignated as nated as (a)(2) (iii) and (iv) and (e); (b) revised...... 43061 (10) (iv) through (x); new 7.62 (c) added...... 48869 (a)(10)(vi) revised; (a)(1)(xii), 7.69 (c) added...... 48869 (5)(vi), and (10)(iii) added ...... 7376 7.91 (d) added ...... 23649 (c) added...... 7377 13.66 Revised ...... 18493 (a)(7)(iv) amended...... 10686 7.23 Added; interim eff. to 4–4– 89...... 31765 1990 7.29 (a) amended...... 10686 36 CFR 55 FR 7.34 (k) removed; (l) redesignated Page as (k) ...... 10686 Chapter I (f) and (g) removed; (k) redesig- 67 Revised ...... 6771 nated as (d) ...... 20388 79 Added ...... 37630 Technical correction ...... 22031 Authority citation corrected...... 41639 7.35 Revised ...... 19343 79.1 (a) corrected...... 41639 7.41 (d) removed ...... 10686 79.2 (a) and (b) corrected...... 41639
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36 CFR—Continued 55 FR 1995 Page Chapter I—Continued 36 CFR 60 FR Page 79.3 Corrected...... 41639 79.4 (j) corrected ...... 41639 Chapter I 79.6 (a)(4) corrected...... 41639 Chapter I Nomenclature 79.7 (a)(4) corrected...... 41639 change...... 55790 1.4 (a) amended ...... 55790 79.9 (b)(1)(ix) and (2) corrected...... 41639 5.4 (a) amended ...... 35841 79.11 (b)(9) corrected ...... 41639 7.3 (b) and (c) removed; (d) 79 Appendix A corrected ...... 41639 through (g) redesignated as (b) through (e); (a) and new (d) re- 1991 vised; new (e) heading and new (f) added...... 35841 36 CFR 56 FR Page (b)(6) amended ...... 55791 7.16 (h)(5) and (j)(4) amended ...... 55791 Chapter I 7.22 (f) and (g) removed; (h) and (i) 7.8 (b) revised...... 41943 redesignated as (f) and (g)...... 13630 7.33 (b) added ...... 3421 (c)(10) amended...... 55791 7.83 (a) revised ...... 30696 7.32 (c) added...... 47703 Effective date delayed to 10–1–93 7.33 (c) added; interim ...... 39258 ...... 37158 7.45 (b) corrected ...... 6022 9.80—9.89 (Subpart D) Added ...... 22652 7.63 (b)(10) amended ...... 55791 28 Revised ...... 42790 7.96 (k)(2) introductory text re- vised; (k)(3) removed; (k)(4) re- 1992 designated as (k)(3) ...... 17649 (k)(2) introductory text cor- 36 CFR 57 FR rected ...... 33351 Page Heading, (a), (g)(1)(iii), (viii), Chapter I (ix), (3) introductory text, 7.96 (j) and (k) redesignated as (k) (5)(vi)(A), (D) and (xiv) amend- and (l); new (j) added ...... 4576 ed...... 55791 (l) redesignated as (m); new (l) 7.100 (c) added; interim; eff. to 12– added ...... 29797 31–95 ...... 36225 7.97 (c) added...... 58716 9.2 (l) amended...... 55791 51 Revised ...... 40503 9.31 (j) amended ...... 55791 Corrected...... 42808 9.82 (d) amended...... 55791 51.4 (a) corrected...... 46509 13.21 (a) removed; (d) and (e) re- vised...... 18534 13.63 (f) revised; interim; eff. to 3– 1993 31–97 ...... 16580 36 CFR 58 FR 14.2 (c) removed; (d) through (i) Page redesignated as (c) through Chapter I (h) ...... 55791 20.1 (c) amended...... 55791 7 Technical correction...... 28506 64.7 (c) amended...... 55791 51.9 (b) amended...... 36598 68 Revised ...... 35843 1994 1996 59 FR 36 CFR 36 CFR 61 FR Page Page Chapter I Chapter I 6 Added ...... 65957 1.2 (a), (b) and (d) revised ...... 35136 7.13 (a) and (f) heading revised; (c) 1.3 Revised ...... 2918 removed ...... 43736 1.4 (a) amended ...... 35136 7.45 Revised ...... 58785 1.10 (b) amended...... 46556 13 Authority cite revised ...... 14566 6 Nomenclature change ...... 28505 13.65 (a) added, interim, eff. to 1– 7.11 Removed...... 46380 1–96...... 14566 7.49 Removed...... 14618
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36 CFR—Continued 61 FR 36 CFR—Continued 62 FR Page Page Chapter I—Continued Chapter I—Continued 7.98 Removed; eff. 7–8–96...... 28753 17.2 (a) removed; (b) through (i) 7.100 (c) added; eff. 7–5–96 ...... 28506 redesignated as (a) through 13 Authority citation revised...... 27016 (h) ...... 30234 13.2 (c) and (e) revised...... 35137 18.2 (c) removed; (d) through (n) (e) redesignated as (f); new (e) redesignated as (c) through added ...... 54339 (m) ...... 30235 13.63 (f) revised...... 6944 20.1 (a), (b) and (c) removed; (d) 13.65 (b) heading and (1) through and (e) redesignated as (a) and (4) revised ...... 27016 (b) ...... 30235 13.80—13.87 (Subpart D) Added ...... 54339 21.1 (a) removed; (b) through (e) 13.82 OMB number pending ...... 54340 redesignated as (a) through 13.83 OMB number pending ...... 54340 (d) ...... 30235 13.84 OMB number pending ...... 54341 28.2 (m) removed; (n) and (o) re- 13.85 OMB number pending ...... 54341 designated as (m) and (n) ...... 30235 15 Removed ...... 46556 51.3 (d) removed ...... 30235 17.5 Amended; eff. 7–5–96...... 28508 65.3 (d) and (o) removed; (e) 17.6 Amended; eff. 7–5–96...... 28508 through (r) redesignated (d) 31 Removed ...... 40996 through (p) ...... 30235 67.2 Amended...... 30235 1997 73.3 Amended...... 30235 78.2 Amended...... 30235 36 CFR 62 FR Page Chapter I 1998 Chapter I Nomenclature 36 CFR 63 FR change...... 30234 Page 1.4 (a) amended ...... 30234 Chapter I 4.15 Revised ...... 61633 7.15 (a) removed; (b), (c) and (d) re- 7.9 (c) through (f) added; eff. 7–23– designated as (a), (b) and (c)...... 13343 97...... 33751 7.67 (a) revised...... 9147 7.23 Added ...... 2580 7.96 Heading, (a), (g)(1)(iii), (viii), (ix), (3) introductory text, 1999 (5)(vi)(A), (D) and (xiv) amend- 36 CFR 64 FR ed ...... 30234 Page (g)(3)(ii)(B) and diagram re- Chapter I moved; (g)(3)(ii)(C), (D) and 7.87 Added ...... 19483 (E) redesignated as 7.96 (g)(3)(ii)(A) amended; eff. 12– (g)(3)(ii)(B), (C) and (D); 20–99 through 1–8–00 ...... 71026 (k)(2)(iv), (v) and (vi) revised 13 Authority citation revised...... 56463 ...... 32202 13.65 (a) added; (b)(5) and (6) re- 8.1 (a), (b) and (c) removed; (d) moved ...... 56463 through (h) redesignated as (a) 61 Revised ...... 11742 through (e) ...... 30234 62 Revised ...... 25717 9.2 (l) removed; (m), (n) and (o) re- designated as (l), (m) and 2000 (n) ...... 30234 9.31 (j) removed; (k) through (p) 36 CFR 65 FR redesignated as (j) through Page (o) ...... 30234 Chapter I 9.82 (d) removed; (e) redesignated 1.4 Heading revised; (a) amend- as (d)...... 30234 ed ...... 15089 11.1 (b) removed; (c) and (d) redes- 3.24 Added ...... 15089 ignated as (b) and (c) ...... 30234 5.2 (b) introductory text amend- 13.1 (r) removed; (s) through (w) ed; eff. 7–19–00...... 37878 redesignated as (r) through 5.4 (a) introductory text amend- (v) ...... 30234 ed; eff. 7–19–00...... 37878
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36 CFR—Continued 65 FR 2001 Page Chapter I—Continued (Regulations published from January 1, 5.10 (a) amended; eff. 7–19–00 ...... 37878 2001, through July 1, 2001) 13.1 (j) through (v) redesignated 36 CFR 66 FR as (k) through (w); new (j) Page added...... 15090 Chapter I 13.2 (c) amended; eff. 7–19–00 ...... 37878 7.13 (l) heading, (1) and (2) intro- 13.63 (d), (g) and (h) added; eff. 7– ductory text revised; (l)(2) 19–00 ...... 37878 heading and (3) through (14) 51 Revised ...... 20668 added ...... 7265 51.40 (c) removed; (d) and (e) re- Regulation at 66 FR 7265 eff. designated as (c) and (d) ...... 54155 date delayed...... 8366 51.46 Amended ...... 54155 7.21 (a) heading removed; (a)(1), (2) introductory text and (3) re- vised; (a)(2) heading and (4) through (12) added ...... 7266 Regulation at 66 FR 7266 eff. date delayed...... 8366 7.22 (g) revised...... 7267 Regulation at 66 FR 7267 eff. date delayed...... 8366 Æ
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