Title 36 Parks, Forests, and Public Property Parts 1 to 199

Revised as of July 1, 2012

Containing a codification of documents of general applicability and future effect

As of July 1, 2012

Published by the Office of the Federal Register National Archives and Records Administration as a Special Edition of the Federal Register

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Legal Status and Use of Seals and Logos The seal of the National Archives and Records Administration (NARA) authenticates the Code of Federal Regulations (CFR) as the official codification of Federal regulations established under the Federal Register Act. Under the provisions of 44 U.S.C. 1507, the contents of the CFR, a special edition of the Federal Register, shall be judicially noticed. The CFR is prima facie evidence of the original documents published in the Federal Register (44 U.S.C. 1510). It is prohibited to use NARA’s official seal and the stylized Code of Federal Regulations logo on any republication of this material without the express, written permission of the Archivist of the United States or the Archivist’s designee. Any person using NARA’s official seals and logos in a manner inconsistent with the provisions of 36 CFR part 1200 is subject to the penalties specified in 18 U.S.C. 506, 701, and 1017.

Use of ISBN Prefix This is the Official U.S. Government edition of this publication and is herein identified to certify its authenticity. Use of the 0–16 ISBN prefix is for U.S. Government Printing Office Official Edi- tions only. The Superintendent of Documents of the U.S. Govern- ment Printing Office requests that any reprinted edition clearly be labeled as a copy of the authentic work with a new ISBN.

U.S. GOVERNMENT PRINTING OFFICE U.S. Superintendent of Documents • Washington, DC 20402–0001 http://bookstore.gpo.gov Phone: toll-free (866) 512-1800; DC area (202) 512-1800

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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 ...... 469

Alphabetical List of Agencies Appearing in the CFR ...... 489

List of CFR Sections Affected ...... 499

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

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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 agencies of the Federal Government. The Code is divided into 50 titles which represent broad areas subject to Federal regulation. Each title is divided into chapters which usually bear the name of the issuing agency. Each chapter is further 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 determine the latest version of any given rule. To determine whether a Code volume has been amended since its revision date (in this case, July 1, 2012), 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 usually not the same and care must be exercised by the user in determining the actual effective date. In instances where the effective date is beyond the cut- off date for the Code a note has been inserted to reflect the future effective date. In those instances where a regulation published in the Federal Register states a date certain for expiration, an appropriate note will be inserted following the text. OMB CONTROL NUMBERS The Paperwork Reduction Act of 1980 (Pub. L. 96–511) requires Federal agencies to display an OMB control number with their information collection request.

VerDate Mar<15>2010 11:55 Aug 06, 2012 Jkt 226139 PO 00000 Frm 00005 Fmt 8008 Sfmt 8092 Q:\36\36V1.TXT ofr150 PsN: PC150 Many agencies have begun publishing numerous OMB control numbers as amendments to existing regulations in the CFR. These OMB numbers are placed as close as possible to the applicable recordkeeping or reporting requirements. OBSOLETE PROVISIONS Provisions that become obsolete before the revision date stated on the cover of each volume are not carried. Code users may find the text of provisions in effect on a given date in the past by using the appropriate numerical list of sections affected. For the period before January 1, 2001, consult either the List of CFR Sections Affected, 1949–1963, 1964–1972, 1973–1985, or 1986–2000, published in eleven separate volumes. For the period beginning January 1, 2001, a ‘‘List of CFR Sections Affected’’ is published at the end of each CFR volume. ‘‘[RESERVED]’’ TERMINOLOGY The term ‘‘[Reserved]’’ is used as a place holder within the Code of Federal Regulations. An agency may add regulatory information at a ‘‘[Reserved]’’ location at any time. Occasionally ‘‘[Reserved]’’ is used editorially to indicate that a portion of the CFR was left vacant and not accidentally dropped due to a printing or computer error. INCORPORATION BY REFERENCE What is incorporation by reference? Incorporation by reference was established by statute and allows Federal agencies to meet the requirement to publish regulations in the Federal Register by referring to materials already published elsewhere. For an incorporation to be valid, the Director of the Federal Register must approve it. The legal effect of incorporation by reference is that the material is treated as if it were published in full in the Federal Register (5 U.S.C. 552(a)). This material, like any other properly issued regulation, has the force of law. What is a proper incorporation by reference? The Director of the Federal Register will approve an incorporation by reference only when the requirements of 1 CFR part 51 are met. Some of the elements on which approval is based are: (a) The incorporation will substantially reduce the volume of material published in the Federal Register. (b) The matter incorporated is in fact available to the extent necessary to afford fairness and uniformity in the administrative process. (c) The incorporating document is drafted and submitted for publication in accordance with 1 CFR part 51. What if the material incorporated by reference cannot be found? If you have any problem locating or obtaining a copy of material listed as an approved incorporation by reference, please contact the agency that issued the regulation containing that incorporation. If, after contacting the agency, you find the material is not available, please notify the Director of the Federal Register, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001, or call 202-741-6010. CFR INDEXES AND TABULAR GUIDES A subject index to the Code of Federal Regulations is contained in a separate volume, revised annually as of January 1, entitled CFR INDEX AND FINDING AIDS. This volume contains the Parallel Table of Authorities and Rules. A list of CFR titles, chapters, subchapters, and parts and an alphabetical list of agencies publishing in the CFR are also included in this volume. An index to the text of ‘‘Title 3—The President’’ is carried within that volume.

VerDate Mar<15>2010 11:55 Aug 06, 2012 Jkt 226139 PO 00000 Frm 00006 Fmt 8008 Sfmt 8092 Q:\36\36V1.TXT ofr150 PsN: PC150 The Federal Register Index is issued monthly in cumulative form. This index is based on a consolidation of the ‘‘Contents’’ entries in the daily Federal Reg- ister. A List of CFR Sections Affected (LSA) is published monthly, keyed to the revision dates of the 50 CFR titles. REPUBLICATION OF MATERIAL There are no restrictions on the republication of material appearing in the Code of Federal Regulations. INQUIRIES For a legal interpretation or explanation of any regulation in this volume, contact the issuing agency. The issuing agency’s name appears at the top of odd-numbered pages. For inquiries concerning CFR reference assistance, call 202–741–6000 or write to the Director, Office of the Federal Register, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001 or e-mail [email protected]. SALES The Government Printing Office (GPO) processes all sales and distribution of the CFR. For payment by credit card, call toll-free, 866-512-1800, or DC area, 202- 512-1800, M-F 8 a.m. to 4 p.m. e.s.t. or fax your order to 202-512-2104, 24 hours a day. For payment by check, write to: US Government Printing Office – New Orders, P.O. Box 979050, St. Louis, MO 63197-9000. ELECTRONIC SERVICES The full text of the Code of Federal Regulations, the LSA (List of CFR Sections Affected), The United States Government Manual, the Federal Register, Public Laws, Public Papers of the Presidents of the United States, Compilation of Presi- dential Documents and the Privacy Act Compilation are available in electronic format via www.ofr.gov. For more information, contact the GPO Customer Con- tact Center, U.S. Government Printing Office. Phone 202-512-1800, or 866-512-1800 (toll-free). E-mail, [email protected]. The Office of the Federal Register also offers a free service on the National Archives and Records Administration’s (NARA) World Wide Web site for public law numbers, Federal Register finding aids, and related information. Connect to NARA’s web site at www.archives.gov/federal-register.

CHARLES A. BARTH, Director, Office of the Federal Register. July 1, 2012.

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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—199, parts 200—299, and part 300 to end. The contents of these volumes represent all current regulations codified under this title of the CFR as of July 1, 2012.

For this volume, Bonnie Fritts was Chief Editor. The Code of Federal Regula- tions publication program is under the direction of Michael L. White, assisted by Ann Worley.

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

Part Page 1 General provisions...... 5 2 Resource protection, public use and recreation ...... 17 3 Boating and water use activities ...... 33 4 Vehicles and traffic safety ...... 38 5 Commercial and private operations ...... 42 6 Solid waste disposal sites in units of the National Park System ...... 46 7 Special regulations, areas of the National Park System ...... 54 8 Labor standards applicable to employees of Na- tional Park Service concessioners ...... 171 9 Minerals management...... 173 10 Disposal of certain wild animals ...... 197 11 Arrowhead and Parkscape Symbols ...... 198 12 National cemetery regulations ...... 199 13 National Park System units in Alaska ...... 203 14 Rights-of-way ...... 250 17 Conveyance of freehold and leasehold interests on lands of the National Park System ...... 267 18 Leasing of properties in park areas ...... 270 20 Isle Royale National Park; commercial fishing ...... 276 21 Hot Springs National Park; bathhouse regulations 277 25 National military parks; licensed guide service regulations ...... 278 27 Cape Cod National Seashore; zoning standards ...... 281 28 Fire Island National Seashore: Zoning standards ... 283 30 Whiskeytown-Shasta-Trinity National Recreation Area: Zoning standards for Whiskeytown unit .... 291 34 El Portal Administrative Site regulations ...... 295 51 Concession contracts...... 298 59 Land and Water Conservation Fund program of assistance to States; post-completion compliance responsibilities ...... 328 3

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Part Page 60 National Register of Historic Places ...... 332 61 Procedures for State, tribal, and local government historic preservation programs ...... 347 62 National Natural Landmarks Program ...... 354 63 Determinations of eligibility for inclusion in the National Register of Historic Places ...... 364 64 Grants and allocations for recreation and conservation use of abandoned railroad rights-of- way ...... 367 65 National Historic Landmarks Program ...... 374 67 Historic preservation certifications under the In- ternal Revenue Code ...... 384 68 The Secretary of the Interior’s standards for the treatment of historic properties ...... 401 71 Recreation fees...... 403 72 Urban Park and Recreation Recovery Act of 1978 ... 413 73 World Heritage Convention ...... 441 74–77 [Reserved] 78 Waiver of Federal agency responsibilities under section 110 of the National Historic Preservation Act ...... 448 79 Curation of federally-owned and administered archaeological collections ...... 450 80–199 [Reserved]

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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 current jurisdiction of the United pursuant to the terms of the Act. States. Cultural resource means material re- Manned submersible means any vessel mains of past human life or activities that carries or is capable of carrying that are of significant cultural interest passenger(s) within the confines of the and are less than 50 years of age. This vessel below the surface of the water. term includes, but shall not be limited Manual wheelchair means a device to, objects made or used by humans, that is propelled by human power, de- such as pottery, basketry, bottles, signed for and used by a mobility-im- weapons, weapon projectiles, tools, paired person. structures or portions of structures, or Motorcycle means every motor vehi- any portion or piece of the foregoing cle having a seat for the use of the items, and the physical site, location, rider and designed to travel on not or context in which they are found, or more that three wheels in contact with human skeletal materials or graves. the ground, but excluding a tractor. Developed area means roads, parking Motorized wheelchair means a self-pro- areas, picnic areas, campgrounds, or pelled wheeled device, designed solely other structures, facilities or lands lo- for and used by a mobility-impaired cated within development and historic person for locomotion, that is both ca- zones depicted on the park area land pable of and suitable for use in indoor management and use map. pedestrian areas. Director means the Director of the Motor vehicle means every vehicle National Park Service. that is self-propelled and every vehicle Dive flag means a flag not less than 12 that is propelled by electric power, but inches square, red in color, with a not operated on rails or upon water, ex- white stripe running diagonally from cept a snowmobile and a motorized the top of the staff to the opposite wheelchair. lower corner. The white stripe shall be National Park System (Park area) one-fifth the width of the flag. means any area of land and water now Downed aircraft means an aircraft or hereafter administered by the Sec- that cannot become airborne as a re- retary of the Interior through the Na- sult of mechanical failure, fire, or acci- tional Park Service for park, monu- dent. ment, historic, parkway, recreational, Firearm means a loaded or unloaded or other purposes. pistol, rifle, shotgun or other weapon Net means a seine, weir, net wire, fish which is designed to, or may be readily trap, or other implement designed to converted to, expel a projectile by the entrap fish, except a hand-held landing ignition of a propellant. net used to retrieve fish taken by hook Fish means any member of the sub- and line. classes Agnatha, Chondrichthyes, or Nondeveloped area means all lands Osteichthyes, or any mollusk or crusta- and waters within park areas other cean found in salt water. than developed areas. Fishing means taking or attempting Operator means a person who oper- to take fish. ates, drives, controls, otherwise has Flat wake speed means the minimum charge of or is in actual physical con- required speed to leave a flat wave dis- trol of a mechanical mode of transpor- turbance close astern a moving vessel tation or any other mechanical equip- yet maintain steerageway, but in no ment. case in excess of 5 statute miles per Other Federal reservations in the envi- hour. rons of the District of Columbia means Harbor means a natural or artificially Federal areas, which are not under the improved body of water providing pro- administrative jurisdiction of the Na- tection for vessels, which may include tional Park Service, located in Arling- anchorage, mooring or docking facili- ton, Fairfax, Loudoun, Prince William, ties. and Stafford Counties and the City of Hunting means taking or attempting Alexandria in Virginia and Prince to take wildlife, except trapping. Georges, Charles, Anne Arundel, and Legislative jurisdiction means lands Montgomery Counties in Maryland, ex- and waters under the exclusive or conclusive of military reservations, unless

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the policing of military reservations by trolled substance in the course of pro- the U.S. Park Police is specifically re- fessional practice. quested by the Secretary of Defense or Public use limit means the number of a designee thereof. persons; number and type of animals; Pack animal means horses, burros, amount, size and type of equipment, mules or other hoofed mammals when vessels, mechanical modes of convey- designated as pack animals by the su- ance, or food/beverage containers al- perintendent. lowed to enter, be brought into, remain Park area. See the definition for Na- in, or be used within a designated geo- tional Park System in this section. graphic area or facility; or the length Park road means the main-traveled of time a designated geographic area or surface of a roadway open to motor ve- facility may be occupied. hicles, owned, controlled or otherwise Refuse means trash, garbage, rubbish, administered by the National Park waste papers, bottles or cans, debris, Service. litter, oil, solvents, liquid waste, or other discarded materials. Permit means a written authorization Regional Director means the official in to engage in uses or activities that are charge of a geographic area of the Na- otherwise prohibited, restricted, or reg- tional Park Service. ulated. Sailing vessel means any vessel under means an individual, firm, Person sail provided, if propelling machinery corporation, society, association, part- is fitted, it is not being used. nership, or private or public body. Secretary means the Secretary of the Personal watercraft refers to a vessel, Interior. usually less than 16 feet in length, Services means, but is not limited to, which uses an inboard, internal com- meals and lodging, labor, professional bustion engine powering a water jet services, transportation, admission to pump as its primary source of propul- exhibits, use of telephone or other util- sion. The vessel is intended to be oper- ities, or any act for which payment is ated by a person or persons sitting, customarily received. standing or kneeling on the vessel, Sewage means human body waste or rather than within the confines of the the waste from a toilet or other recep- hull. The length is measured from end tacle intended to receive or retain body to end over the deck excluding sheer, waste. meaning a straight line measurement Smoking means the carrying of light- of the overall length from the foremost ed cigarettes, cigars or pipes, or the in- part of the vessel to the aftermost part tentional and direct inhalation of of the vessel, measured parallel to the smoke from these objects. centerline. Bow sprits, bumpkins, rud- Snowmobile means a self-propelled ve- ders, outboard motor brackets, and hicle intended for travel primarily on similar fittings or attachments, are snow, having a curb weight of not more not included in the measurement. than 1000 pounds (450 kg), driven by a Length is stated in feet and inches. track or tracks in contact with the Pet means a dog, cat or any animal snow, and steered by ski or skis in con- that has been domesticated. tact with the snow. Possession means exercising direct State means a State, territory, or physical control or dominion, with or possession of the United States. without ownership, over property, or State law means the applicable and archeological, cultural or natural re- nonconflicting laws, statutes, regula- sources. tions, ordinances, infractions and codes Power-driven vessel means any vessel of the State(s) and political subdivi- propelled by machinery. sion(s) within whose exterior bound- Practitioner means a physician, den- aries a park area or a portion thereof is tist, veterinarian, scientific investi- located. gator, pharmacy, hospital or other per- Superintendent means the official in son licensed, registered or otherwise charge of a park area or an authorized permitted by the United States or the representative thereof. jurisdiction in which such person prac- Take or taking means to pursue, hunt, tices to distribute or possess a con- harass, harm, shoot, trap, net, capture,

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collect, kill, wound, or attempt to do except snowmobiles and devices moved any of the above. by human power or used exclusively Traffic means pedestrians, ridden or upon stationary rails or track. herded animals, vehicles, and other Vessel means every description of conveyances, either singly or together watercraft, or other artificial contriv- while using any road, trail, street or ance used, or capable of being used, as other thoroughfare for purpose of trav- a means of transportation on the el. water. This definition does not apply to Traffic control device means a sign, a seaplane on the water. signal, marking or other device placed Weapon means a firearm, compressed or erected by, or with the concurrence gas or spring-powered pistol or rifle, of, the Superintendent for the purpose bow and arrow, crossbow, blowgun, of regulating, warning, guiding or oth- speargun, hand-thrown spear, sling- erwise controlling traffic or regulating shot, irritant gas device, explosive de- the parking of vehicles. vice, or any other implement designed Trap means a snare, trap, mesh, wire to discharge missiles, and includes a or other implement, object or mechan- weapon the possession of which is pro- ical device designed to entrap or kill hibited under the laws of the State in animals other than fish. which the park area or portion thereof Trapping means taking or attempting is located. to take wildlife with a trap. Wildlife means any member of the Underwater diving means the use of animal kingdom and includes a part, any apparatus, whether self contained product, egg or offspring thereof, or the or connected to a distant source of air dead body or part thereof, except fish. or other gas, whereby a person wholly or partially submerged in water, can (b) In addition to the definitions in obtain or reuse air or any other gas or paragraph (a), for the purpose of the gasses for breathing without returning regulations contained in parts 3 and 7 to the surface of the water. Underwater of this chapter, the definitions per- diving would include, but is not be lim- taining to navigation, navigable waters ited to use of SCUBA, surface supplied and shipping enumerated in title 14 air, mixed gas, or re-breathers. United States Code, title 33 Code of Underway means when a vessel is not Federal Regulations, title 46 Code of at anchor, moored, made fast to the Federal Regulations, title 49 Code of shore or docking facility, or aground. Federal Regulations, the Federal Boat- Unloaded, as applied to weapons and ing Safety Act of 1971, and the Inland firearms, means that: (1) There is no Navigational Rules Act of 1980, shall unexpended shell, cartridge, or projec- apply for boating and water activities. tile in any chamber or cylinder of a [48 FR 30275, June 30, 1983, as amended at 49 firearm or in a clip or magazine in- FR 18449, Apr. 30, 1984; 51 FR 37011, Oct. 17, serted in or attached to a firearm; 1986; 52 FR 10683, Apr. 2, 1987; 60 FR 55790, (2) A muzzle-loading weapon does not Nov. 3, 1995; 61 FR 35136, July 5, 1996; 62 FR contain gun powder in the pan, or the 30234, June 3, 1997; 65 FR 15089, Mar. 21, 2000; percussion cap is not in place; and 72 FR 13702, Mar. 23, 2007] (3) Bows, crossbows, spear guns or any implement capable of discharging § 1.5 Closures and public use limits. a missile or similar device by means of (a) Consistent with applicable legis- a loading or discharging mechanism, lation and Federal administrative poli- when that loading or discharging cies, and based upon a determination mechanism is not charged or drawn. that such action is necessary for the Un-manned submersible means any de- maintenance of public health and safe- vice operated by remote control, used ty, protection of environmental or sce- or capable of being used, to search or nic values, protection of natural or cul- collect below the surface of the water. tural resources, aid to scientific re- This definition does not apply to a de- search, implementation of manage- vice being used lawfully for fishing. 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:

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(1) Establish, for all or a portion of a cedures, and the termination or relax- park area, a reasonable schedule of vis- ation of such, in accordance with § 1.7 iting hours, impose public use limits, of this chapter. or close all or a portion of a park area (f) Violating a closure, designation, to all public use or to a specific use or use or activity restriction or condition, activity. schedule of visiting hours, or public use (2) Designate areas for a specific use limit is prohibited. or activity, or impose conditions or re- [48 FR 30275, June 30, 1983, as amended at 51 strictions on a use or activity. FR 29470, Aug. 18, 1986] (3) Terminate a restriction, limit, closure, designation, condition, or vis- § 1.6 Permits. iting hour restriction imposed under (a) When authorized by regulations paragraph (a)(1) or (2) of this section. set forth in this chapter, the super- (b) Except in emergency situations, a intendent may issue a permit to au- closure, designation, use or activity re- thorize an otherwise prohibited or restriction or condition, or the termi- stricted activity or impose a public use nation or relaxation of such, which is limit. The activity authorized by a per- of a nature, magnitude and duration mit shall be consistent with applicable that will result in a significant alter- legislation, Federal regulations and ad- ation in the public use pattern of the ministrative policies, and based upon a park area, adversely affect the park’s determination that public health and natural, aesthetic, scenic or cultural safety, environmental or scenic values, values, require a long-term or signifi- natural or cultural resources, scientific cant modification in the resource man- research, implementation of manage- agement objectives of the unit, or is of ment responsibilities, proper allocation a highly controversial nature, shall be and use of facilities, or the avoidance published as rulemaking in the FED- of conflict among visitor use activities ERAL REGISTER. will not be adversely impacted. (c) Except in emergency situations, (b) Except as otherwise provided, ap- prior to implementing or terminating a plication for a permit shall be sub- restriction, condition, public use limit mitted to the superintendent during or closure, the superintendent shall normal business hours. prepare a written determination justi- (c) The public will be informed of the fying the action. That determination existence of a permit requirement in shall set forth the reason(s) the restric- accordance with § 1.7 of this chapter. tion, condition, public use limit or clo- (d) Unless otherwise provided for by sure authorized by paragraph (a) has the regulations in this chapter, the su- been established, and an explanation of perintendent shall deny a permit that why less restrictive measures will not has been properly applied for only upon suffice, or in the case of a termination a determination that the designated of a restriction, condition, public use capacity for an area or facility would limit or closure previously established be exceeded; or that one or more of the under paragraph (a), a determination factors set forth in paragraph (a) of as to why the restriction is no longer this section would be adversely im- 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:

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(1) Engaging in an activity subject to the designations, closures, permit re- a permit requirement imposed pursu- quirements and other restrictions im- ant to this section without obtaining a posed under discretionary authority. permit; or This compilation shall be updated an- (2) Violating a term or condition of a nually and made available to the pub- permit issued pursuant to this section. lic upon request. (h) Violating a term or condition of a permit issued pursuant to this section § 1.8 Information collection. may also result in the suspension or The information collection require- revocation of the permit by the super- ments contained in §§ 1.5, 2.4, 2.5, 2.10 intendent. 2.12, 2.17, 2.33, 2.38, 2.50, 2.51, 2.52, 2.60, [48 FR 30275, June 30, 1983, as amended at 51 2.61, 2.62, 3.3, 3.4, 4.4 and 4.11 have been FR 29470, Aug. 18, 1986] approved by the Office of Management and Budget under 44 U.S.C. 3501 et seq., § 1.7 Public notice. and assigned clearance number 1024– 0026. This information is being col- (a) Whenever the authority of § 1.5(a) lected to provide superintendents data is invoked to restrict or control a pub- necessary to issue permits for special lic use or activity, to relax or revoke uses of park areas and to obtain notifi- an existing restriction or control, to cation of accidents that occur within designate all or a portion of a park park areas. This information will be area as open or closed, or to require a used to grant administrative benefits permit to implement a public use and to facilitate prompt emergency re- limit, the public shall be notified by sponse to accidents. In §§ 2.33, 3.4 and one or more of the following methods: 4.4, the obligation to respond is manda- (1) Signs posted at conspicuous loca- tory; in all other sections the obligations, such as normal points of entry tion to respond is required in order to and reasonable intervals along the obtain a benefit. boundary of the affected park locale. (2) Maps available in the office of the [52 FR 10683, Apr. 2, 1987] superintendent and other places convenient to the public. § 1.10 Symbolic signs. (3) Publication in a newspaper of gen- (a) The signs pictured below provide eral circulation in the affected area. general information and regulatory (4) Other appropriate methods, such guidance in park areas. Certain of the as the removal of closure signs, use of signs designate activities that are ei- electronic media, park brochures, maps ther allowed or prohibited. Activities and handouts. symbolized by a sign bearing a slash (b) In addition to the above-described mark are prohibited. notification procedures, the super- (b) The use of other types of signs not intendent shall compile in writing all herein depicted is not precluded.

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

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PART 2—RESOURCE PROTECTION, (iv) A mineral resource or cave for- PUBLIC USE AND RECREATION mation or the parts thereof. (2) Introducing wildlife, fish or Sec. plants, including their reproductive 2.1 Preservation of natural, cultural and ar- bodies, into a park area ecosystem. cheological resources. (3) Tossing, throwing or rolling rocks 2.2 Wildlife protection. or other items inside caves or caverns, 2.3 Fishing. into valleys, canyons, or caverns, down 2.4 Weapons, traps and nets. hillsides or mountainsides, or into 2.5 Research specimens. thermal features. 2.10 Camping and food storage. 2.11 Picnicking. (4) Using or possessing wood gathered 2.12 Audio disturbances. from within the park area: Provided, 2.13 Fires. however, That the superintendent may 2.14 Sanitation and refuse. designate areas where dead wood on 2.15 Pets. the ground may be collected for use as 2.16 Horses and pack animals. fuel for campfires within the park area. 2.17 Aircraft and air delivery. (5) Walking on, climbing, entering, 2.18 Snowmobiles. 2.19 Winter activities. ascending, descending, or traversing an 2.20 Skating, skateboards and similar de- archeological or cultural resource, vices. monument, or statue, except in des- 2.21 Smoking. ignated areas and under conditions es- 2.22 Property. tablished by the superintendent. 2.23 Recreation fees. (6) Possessing, destroying, injuring, 2.30 Misappropriation of property and serv- defacing, removing, digging, or dis- ices. 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. scan sonar, other metal detecting de- 2.36 Gambling. vice, or subbottom profiler. 2.37 Noncommercial soliciting. 2.38 Explosives. This paragraph does not apply to: 2.50 Special events. (i) A device broken down and stored 2.51 Demonstrations. 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. marily for the navigation and safe op- 2.62 Memorialization. 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 (iii) Nonfossilized and fossilized pale- consumption upon a written deter- ontological specimens, cultural or ar- mination that the gathering or con- cheological resources, or the parts sumption will not adversely affect park thereof. wildlife, the reproductive potential of a

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plant species, or otherwise adversely hunting shall be allowed pursuant to affect park resources. special regulations. (2) The superintendent may: (3) Trapping shall be allowed in park (i) Limit the size and quantity of the areas where such activity is specifi- natural products that may be gathered cally mandated by Federal statutory or possessed for this purpose; or law. (ii) Limit the location where natural (4) Where hunting or trapping or both products may be gathered; or are authorized, such activities shall be (iii) Restrict the possession and con- conducted in accordance with Federal sumption of natural products to the law and the laws of the State within park area. whose exterior boundaries a park area (3) The following are prohibited: or a portion thereof is located. Noncon- 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 closed areas is prohibited. § 2.2 Wildlife protection. (f) Authorized persons may check (a) The following are prohibited: hunting and trapping licenses and per- (1) The taking of wildlife, except by mits; inspect weapons, traps and hunt- authorized hunting and trapping ac- ing and trapping gear for compliance tivities conducted in accordance with with equipment restrictions; and in- paragraph (b) of this section. spect wildlife that has been taken for (2) The feeding, touching, teasing, compliance with species, size and other frightening or intentional disturbing of taking restrictions. wildlife nesting, breeding or other ac- (g) The regulations contained in this tivities. section apply, regardless of land owner- (3) Possessing unlawfully taken wild- ship, on all lands and waters within a life or portions thereof. park area that are under the legislative (b) Hunting and trapping. (1) Hunting jurisdiction of the United States. shall be allowed in park areas where [48 FR 30282, June 30, 1983, as amended at 49 such activity is specifically mandated FR 18450, Apr. 30, 1984; 51 FR 33264, Sept. 19, by Federal statutory law. 1986; 52 FR 35240, Sept. 18, 1987] (2) Hunting may be allowed in park areas where such activity is specifi- § 2.3 Fishing. cally authorized as a discretionary ac- (a) Except in designated areas or as tivity under Federal statutory law if provided in this section, fishing shall the superintendent determines that be in accordance with the laws and reg- such activity is consistent with public ulations of the State within whose ex- safety and enjoyment, and sound re- terior boundaries a park area or por- source management principles. Such tion thereof is located. Nonconflicting

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State laws are adopted as a part of within the limits of locations des- these regulations. ignated as swimming beaches, surfing (b) State fishing licenses are not re- areas, or public boat docks, except in quired in Big Bend, Crater Lake, designated areas. Denali, Glacier, Isle Royale (inland wa- (e) Except as otherwise designated, ters only), Mammoth Cave, Mount fishing with a net, spear, or weapon in Rainer, Olympic and Yellowstone Na- the salt waters of park areas shall be in tional Parks. accordance with State law. (c) Except in emergencies or in areas (f) Authorized persons may check under the exclusive jurisdiction of the fishing licenses and permits; inspect United States, the superintendent shall creels, tackle and fishing gear for com- consult with appropriate State agen- pliance with equipment restrictions; cies before invoking the authority of and inspect fish that have been taken § 1.5 for the purpose of restricting or for compliance with species, size and closing park areas to the taking of fish. other taking restrictions. (d) The following are prohibited: (g) The regulations contained in this (1) Fishing in fresh waters in any section apply, regardless of land owner- manner other than by hook and line, ship, on all lands and waters within a with the rod or line being closely at- park area that are under the legislative tended. jurisdiction of the United States. (2) Possessing or using as bait for fishing in fresh waters, live or dead [48 FR 30282, June 30, 1983, as amended at 52 FR 35240, Sept. 18, 1987] minnows or other bait fish, amphib- ians, nonpreserved fish eggs or fish roe, § 2.4 Weapons, traps and nets. except in designated waters. Waters 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 park management plans do not call for (2) Weapons, traps or nets may be elimination of non-native species. carried, possessed or used: (3) Chumming or placing preserved or (i) At designated times and locations fresh fish eggs, fish roe, food, fish in park areas where: parts, chemicals, or other foreign sub- (A) The taking of wildlife is author- stances in fresh waters for the purpose ized by law in accordance with § 2.2 of of feeding or attracting fish in order this chapter; that they may be taken. (B) The taking of fish is authorized (4) Commercial fishing, except where by law in accordance with § 2.3 of this specifically authorized by Federal stat- part. utory law. (ii) When used for target practice at (5) Fishing by the use of drugs, poi- designated times and at facilities or lo- sons, explosives, or electricity. cations designed and constructed spe- (6) Digging for bait, except in pri- cifically for this purpose and des- vately owned lands. ignated pursuant to special regula- (7) Failing to return carefully and tions. immediately to the water from which (iii) Within a residential dwelling. it was taken a fish that does not meet For purposes of this subparagraph size or species restrictions or that the only, the term ‘‘residential dwelling’’ person chooses not to keep. Fish so re- means a fixed housing structure which leased shall not be included in the is either the principal residence of its catch or possession limit: Provided, occupants, or is occupied on a regular That at the time of catching the person and recurring basis by its occupants as did not possess the legal limit of fish. an alternate residence or vacation (8) Fishing from motor road bridges, home. from or within 200 feet of a public raft (3) Traps, nets and unloaded weapons or float designated for water sports, or may be possessed within a temporary

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lodging or mechanical mode of convey- tional park area, or that portion there- ance when such implements are ren- of, is located, except as otherwise pro- dered temporarily inoperable or are hibited by applicable Federal law. packed, cased or stored in a manner [48 FR 30282, June 30, 1983, as amended at 49 that will prevent their ready use. FR 18450, Apr. 30, 1984; 52 FR 35240, Sept. 18, (b) Carrying or possessing a loaded 1987; 73 FR 74971, Dec. 10, 2008] weapon in a motor vehicle, vessel or other mode of transportation is prohib- § 2.5 Research specimens. ited, except that carrying or possessing (a) Taking plants, fish, wildlife, rocks a loaded weapon in a vessel is allowed or minerals except in accordance with when such vessel is not being propelled other regulations of this chapter or by machinery and is used as a shooting pursuant to the terms and conditions platform in accordance with Federal of a specimen collection permit, is pro- and State law. hibited. (c) The use of a weapon, trap or net (b) A specimen collection permit may in a manner that endangers persons or be issued only to an official representa- property is prohibited. tive of a reputable scientific or edu- (d) The superintendent may issue a cational institution or a State or Fed- permit to carry or possess a weapon, eral agency for the purpose of research, trap or net under the following cir- baseline inventories, monitoring, im- cumstances: pact analysis, group study, or museum (1) When necessary to support re- display when the superintendent deter- search activities conducted in accord- mines that the collection is necessary ance with § 2.5. to the stated scientific or resource (2) To carry firearms for persons in management goals of the institution or charge of pack trains or saddle horses agency and that all applicable Federal for emergency use. and State permits have been acquired, (3) For employees, agents or cooper- and that the intended use of the speci- ating officials in the performance of mens and their final disposal is in ac- their official duties. cordance with applicable law and Fed- (4) To provide access to otherwise in- eral administrative policies. A permit accessible lands or waters contiguous shall not be issued if removal of the to a park area when other means of ac- specimen would result in damage to cess are otherwise impracticable or im- other natural or cultural resources, af- possible. fect adversely environmental or scenic Violation of the terms and conditions values, or if the specimen is readily of a permit issued pursuant to this available outside of the park area. paragraph is prohibited and may result (c) A permit to take an endangered or in the suspension or revocation of the threatened species listed pursuant to permit. the Endangered Species Act, or simi- (e) Authorized Federal, State and larly identified by the States, shall not local law enforcement officers may be issued unless the species cannot be carry firearms in the performance of obtained outside of the park area and their official duties. the primary purpose of the collection is (f) The carrying or possessing of a to enhance the protection or manage- weapon, trap or net in violation of ap- ment of the species. plicable Federal and State laws is pro- (d) In park areas where the enabling hibited. legislation authorizes the killing of (g) The regulations contained in this wildlife, a permit which authorizes the section apply, regardless of land owner- killing of plants, fish or wildlife may ship, on all lands and waters within a be issued only when the superintendent park area that are under the legislative approves a written research proposal jurisdiction of the United States. and determines that the collection will (h) Notwithstanding any other provi- benefit science or has the potential for sion in this Chapter, a person may pos- improving the management and protec- sess, carry, and transport concealed, tion of park resources. loaded, and operable firearms within a (e) In park areas where enabling leg- national park area in accordance with islation does not expressly prohibit the the laws of the state in which the na- killing of wildlife, a permit authorizing

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the killing of plants, fish or wildlife and other factors which would govern 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 prohibited. This restriction does not apply to NOTE: The Secretary’s regulations on the food that is being transported, con- preservation, use, and management of fish 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,

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considering the nature and purpose of (d) The regulations contained in this the actor’s conduct, location, time of section apply, regardless of land owner- day or night, purpose for which the ship, on all lands and waters within a area was established, impact on park park area that are under the legislative users, and other factors that would jurisdiction of the United States. govern the conduct of a reasonably [48 FR 30282, June 30, 1983, as amended at 52 prudent person under the cir- FR 35240, Sept. 18, 1987] cumstances. (2) In developed areas, operating a § 2.14 Sanitation and refuse. power saw, except pursuant to the (a) The following are prohibited: terms and conditions of a permit. (1) Disposing of refuse in other than (3) In nondeveloped areas, operating refuse receptacles. any type of portable motor or engine, (2) Using government refuse recep- or device powered by a portable motor tacles or other refuse facilities for or engine, except pursuant to the terms dumping household, commercial, or in- and conditions of a permit. This para- dustrial refuse, brought as such from graph does not apply to vessels in areas private or municipal property, except where motor boating is allowed. in accordance with conditions estab- (4) Operating a public address sys- lished by the superintendent. tem, except in connection with a public (3) Depositing refuse in the plumbing gathering or special event for which a fixtures or vaults of a toilet facility. permit has been issued pursuant to (4) Draining refuse from a trailer or § 2.50 or § 2.51. other vehicle, except in facilities pro- (b) Violation of the terms and condi- vided for such purpose. tions of a permit issued in accordance (5) Bathing, or washing food, cloth- with section is prohibited and may re- ing, dishes, or other property at public sult in the suspension or revocation of water outlets, fixtures or pools, except the permit. at those designated for such purpose. (6) Polluting or contaminating park § 2.13 Fires. area waters or water courses. (a) The following are prohibited: (7) Disposing of fish remains on land, (1) Lighting or maintaining a fire, ex- or in waters within 200 feet of boat cept in designated areas or receptacles docks or designated swimming beaches, and under conditions that may be es- or within developed areas, except as tablished by the superintendent. otherwise designated. (2) Using stoves or lanterns in viola- (8) In developed areas, the disposal of tion of established restrictions. human body waste, except at 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 management 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 snowmobiles 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. (4) Harassment. Intentional or reckless harassment of park visitors with § 2.30 Misappropriation of property physical contact. and services. (5) Obstruction. Intentional or reck- (a) The following are prohibited: less obstruction of any sidewalk, trail, (1) Obtaining or exercising unlawful highway, building entranceway, rail- possession over the property of another road track, or public utility right-of- with the purpose to deprive the owner way, or other public passage, whether of the property. alone or with others. The mere gath- (2) Obtaining property or services of- ering of persons to hear a speaker com- fered for sale or compensation without municate, or simply being a member of making payment or offering to pay. such a gathering, does not constitute (3) Obtaining property or services of- obstruction. An official may make a fered for sale or compensation by reasonable request or order that one or means of deception or a statement of more persons move in order to prevent past, present or future fact that is in- obstruction of a public passage, and re- strumental in causing the wrongful fusal of such an order constitutes ob- transfer of property or services, or struction. using stolen, forged, expired revoked or (b) The regulations contained in this fraudulently obtained credit cards or section apply, regardless of land owner- paying with negotiable paper on which ship, on all lands and waters within a payment is refused. park area that are under the legislative (4) Concealing unpurchased merchan- jurisdiction of the United States. dise on or about the person without the [48 FR 30282, June 30, 1983, as amended at 52 knowledge or consent of the seller or FR 35240, Sept. 18, 1987; 75 FR 64153, Oct. 19, paying less than purchase price by de- 2010] ception. (5) Acquiring or possessing the prop- § 2.32 Interfering with agency func- erty of another, with knowledge or rea- tions. son to believe that the property is sto- (a) The following are prohibited: len. (1) Interference. Threatening, resist- (b) The regulations contained in this ing, intimidating, or intentionally section apply, regardless of land owner- interfering with a government em- ship, on all lands and waters within a ployee or agent engaged in an official

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duty, or on account of the performance or knowingly or recklessly creating a of an official duty. risk thereof, such person commits any (2) Lawful order. Violating the lawful of the following prohibited acts: order of a government employee or (1) Engages in fighting or threat- agent authorized to maintain order and ening, or in violent behavior. control public access and movement (2) Uses language, an utterance, or during fire fighting operations, search gesture, or engages in a display or act and rescue operations, wildlife manage- that is obscene, physically threatening ment operations involving animals or menacing, or done in a manner that that pose a threat to public safety, law is likely to inflict injury or incite an enforcement actions, and emergency immediate breach of the peace. operations that involve a threat to (3) Makes noise that is unreasonable, public safety or park resources, or considering the nature and purpose of other activities where the control of the actor’s conduct, location, time of public movement and activities is nec- day or night, and other factors that essary to maintain order and public would govern the conduct of a reason- safety. ably prudent person under the cir- (3) False information. Knowingly giv- cumstances. ing a false or fictitious report or other (4) Creates or maintains a hazardous false information: (i) To an authorized or physically offensive condition. person investigating an accident or (b) The regulations contained in this violation of law or regulation or; (ii) on section apply, regardless of land owner- an application for a permit. ship, on all lands and waters within a (4) False Report. Knowingly giving a park area that are under the legislative false report for the purpose of mis- jurisdiction of the United States. leading a government employee or 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- § 2.35 Alcoholic beverages and con- titious event. trolled substances. (b) The regulations contained in this 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 § 2.33 Report of injury or damage. age, except where allowed by State 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 [48 FR 30282, June 30, 1983, as amended at 52 the consumption of alcoholic beverages 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 (a) A person commits disorderly con- been opened, or whose seal is broken or duct when, with intent to cause public the contents of which have been par- alarm, nuisance, jeopardy or violence, tially removed. Provided however, that

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

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

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

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be submitted for each extension re- (iv) Hand-carried signs may be used, quested. but stages, platforms, or structures (3) The extension may be denied if may not be used. another applicant has requested use of (2) While it is not mandatory, the or- the same location and the location can- ganizer is requested to provide reason- not reasonably accommodate multiple able notice of the proposed event to the occupancy. park superintendent, including wheth- (j) Violation prohibited. Violation of er there is any reason to believe that these regulations or the terms of the there may be an attempt to disrupt, permit is prohibited. protest, or prevent the activity. (k) Permit revocation, termination of (3) The 25-person maximum for the small group exception. (1) The super- small group permit exception may be intendent may revoke a permit for any reduced for a designated available area, violation of its terms and conditions. but only if: (2) The superintendent may revoke a (i) A written determination that a 25- permit, or order a small group permit person group cannot be reasonably exception activity to cease, when any physically accommodated within that of the conditions listed in paragraph (f) area is approved by the regional direc- of this section exist. tor; and (3) The superintendent will make the (ii) The written determination is revocation or order to cease in writing, made available at the office of the su- with the reasons clearly set forth. In perintendent and by public notice emergency circumstances the super- under § 1.7 of this chapter. intendent will make an immediate (4) In the event that two or more verbal revocation or order to cease, fol- groups taking advantage of the small- lowed by written confirmation within group permit exception seek the same 72 hours. designated available area at the same [75 FR 64153, Oct. 19, 2010] time, and the area cannot reasonably accommodate multiple occupancy, the § 2.52 Sale or distribution of printed superintendent will, whenever possible, matter. direct the later-arriving group to relo- (a) Printed Matter. The term ‘‘printed cate to another nearby designated matter’’ means message-bearing tex- available area. tual printed material such as books, (c) Application for permit. An applica- pamphlets, magazines, and leaflets, tion must provide: provided that it is not solely commer- (1) The name of the applicant or the cial advertising. name of the organization (if any); (b) Permits and the small group permit (2) The date, time, duration, nature, exception. The sale or distribution of and place of the proposed event; printed matter is allowed within park (3) An estimate of the number of per- areas designated as available under sons expected to attend; § 2.51(c)(2) when the superintendent has (4) A statement of equipment and fa- issued a permit for the activity, except cilities to be used; that: (5) Whether there is any reason to be- (1) Sale or distribution activity by 25 lieve that there will be an attempt to persons or fewer may be conducted disrupt, protest, or prevent the event; without a permit within designated and park areas, provided that: (6) Any other information required (i) None of the reasons for denying a by the permit application form. permit that are set out in paragraph (e) (d) The superintendant must not ac- of this section are present; and cept an application more than one year (ii) The group is not merely an exten- before the proposed event (including sion of another group already availing time required for set-up); applications itself of the small group permit excep- received more than a year in advance tion under this provision; will be returned to the applicant. (iii) The sale or distribution will not (e) Processing the application. The su- unreasonably interfere with other per- perintendent must issue a permit with- mitted demonstrations and special in ten days of receiving a complete and events, or program activities; and fully executed application unless:

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(1) The superintendant has granted or whether the printed matter is available will grant a prior application for a per- without cost or donation. mit for the same time and place, and (j) Violation prohibited. Violation of the activities authorized by that per- these regulations or the terms of the mit do not reasonably allow multiple permit is prohibited. occupancy of the particular area; (k) Permit revocation, termination of (2) It reasonably appears that the small group exception. (1) The super- sale or distribution will present a clear intendent may revoke a permit for any and present danger to the public health violation of its terms and conditions. and safety; (2) The superintendent may revoke a (3) The number of persons engaged in permit, or order a small group permit the sale or distribution exceeds the exception activity to cease, when any number that can reasonably be accom- of the conditions listed in paragraph (e) modated in the particular location ap- of this section exist. plied for, considering such things as (3) The superintendent will make the damage to park resources or facilities, revocation or order to cease in writing, impairment of a protected area’s at- with the reasons clearly set forth. In mosphere of peace and tranquility, in- emergency circumstances the super- terference with program activities, or intendent will make an immediate impairment of public use facilities; verbal revocation or order to cease, fol- (4) The location applied for has not lowed by written confirmation within been designated as available under 72 hours. § 2.51(c)(2); [75 FR 64154, Oct. 19, 2010] (5) The application was submitted more than one year before the proposed § 2.60 Livestock use and agriculture. event (including set-up); or (a) The running-at-large, herding, (6) The activity would constitute a driving across, allowing on, pasturing violation of an applicable law or regu- or grazing of livestock of any kind in a lation. park area or the use of a park area for (f) Written denial of permit. If a permit agricultural purposes is prohibited, ex- is denied, the superintendant will in- cept: form the applicant in writing of the de- (1) As specifically authorized by Fed- nial and the reasons for it. eral statutory law; or (g) Permit conditions. The permit may (2) As required under a reservation of contain conditions reasonably con- use rights arising from acquisition of a sistent with the requirements of public tract of land; or health and safety, protection of park (3) As designated, when conducted as resources, and the use of the park area a necessary and integral part of a rec- for the purposes for which it was estab- reational activity or required in order lished. to maintain a historic scene. (h) Permit duration. (1) Permits may (b) Activities authorized pursuant to be issued for a maximum of 14 consecu- any of the exceptions provided for in tive days. paragraph (a) of this section shall be (2) A permit may be extended for up allowed only pursuant to the terms and to 14 days, but a new application must conditions of a license, permit or lease. be submitted for each extension re- Violation of the terms and conditions quested. of a license, permit or lease issued in (3) The extension may be denied if accordance with this paragraph is pro- another applicant has requested use of hibited and may result in the suspen- the same location and the location can- sion or revocation of the license, per- not reasonably accommodate multiple mit, or lease. occupancy. (c) Impounding of livestock. (1) Live- (i) Misrepresentation. It is prohibited stock trespassing in a park area may for persons engaged in the sale or dis- be impounded by the superintendent tribution of printed matter under this and, if not claimed by the owner within section to misrepresent the purposes or the periods specified in this paragraph, affiliations of those engaged in the sale shall be disposed of in accordance with or distribution, or to misrepresent applicable Federal and State law.

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(2) In the absence of applicable Fed- result in the suspension or revocation eral or State law, the livestock shall be of the permit. disposed of in the following manner: (i) If the owner is known, prompt § 2.62 Memorialization. written notice of impoundment will be (a) The installation of a monument, served, and in the event of the owner’s memorial, tablet, structure, or other failure to remove the impounded live- commemorative installation in a park stock within five (5) days from delivery area without the authorization of the of such notice, it will be disposed of in Director is prohibited. accordance with this paragraph. (b) The scattering of human ashes (ii) If the owner is unknown, disposal from cremation is prohibited, except of the livestock shall not be made until pursuant to the terms and conditions at least fifteen (15) days have elapsed of a permit, or in designated areas ac- from the date that a notice of im- cording to conditions which may be es- poundment is originally published in a tablished by the superintendent. newspaper of general circulation in the (c) Failure to abide by area designa- county in which the trespass occurs or, tions and established conditions is pro- if no such newspaper exists, notifica- hibited. tion is provided by other appropriate (d) Violation of the terms and condi- means. tions of a permit issued in accordance (iii) The owner may redeem the live- with this section is prohibited and may stock by submitting proof of ownership result in the suspension or revocation and paying all expenses of the United of the permit. States for capturing, advertising, pasturing, feeding, impounding, and the PART 3—BOATING AND WATER USE amount of damage to public property ACTIVITIES injured or destroyed as a result of the trespass. Sec. (iv) In determining the claim of the 3.1 What is the applicability and scope of government in a livestock trespass, the this part? value of forage consumed shall be com- 3.2 Do other boating laws and regulations puted at the commercial rates pre- apply to me when I operate my boat on vailing in the locality for the class of park waters? livestock found in trespass. The claim 3.3 Am I required to obtain a permit to operate a vessel in a park area? shall include the pro rata salary of em- 3.4 For what purposes may my vessel be in- ployees for the time spent and the ex- spected? penses incurred as a result of the inves- 3.5 Do I have to report an accident involv- tigation, reporting, and settlement or ing a vessel to the National Park Serv- prosecution of the claim. ice? (v) If livestock impounded under this 3.6 What are the requirements to operate a paragraph is offered at public sale and power driven vessel? no bid is received, or if the highest bid 3.7 What are the NPS Personal Flotation Device (PFD) requirements? received is less than the amount of the 3.8 What vessel operations are prohibited? claim of the United States or of the of- 3.9 May I operate my personal watercraft ficer’s appraised value of the livestock, (PWC) in park waters? whichever is the lesser amount, such 3.10 What are the regulations regarding op- livestock, may be sold at private sale erating a vessel while under the influ- for the highest amount obtainable, ence of alcohol and/or drugs? condemned and destroyed, or converted 3.11 When is testing for alcohol or drugs required? to the use of the United States. 3.12 May I use a vessel to tow a person for water skiing or other similar activities? § 2.61 Residing on Federal lands. 3.13 What conditions apply to the use of Ma- (a) Residing in park areas, other than rine Sanitation Devices (MSD)? on privately owned lands, except pursu- 3.14 Am I required to remove a sunken, ant to the terms and conditions of a grounded, or disabled vessel? 3.15 What is the maximum noise level for permit, lease or contract, is prohibited. the operation of a vessel? (b) Violation of the terms and condi- 3.16 May I swim or wade in park waters? tions of a permit issued in accordance 3.17 What regulations apply to swimming with this section is prohibited and may areas and beaches?

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3.18 May I snorkel or underwater dive in and will issue permits consistent with park waters? § 1.6 of this chapter. 3.19 May I operate a submersible within park waters? § 3.4 For what purposes may my vessel AUTHORITY: 16 U.S.C. 1, 1a–2(h), 3. be inspected?

SOURCE: 72 FR 13702, Mar. 23, 2007, unless (a) An authorized person may at any otherwise noted. time stop and/or board a vessel to examine documents, licenses or permits § 3.1 What is the applicability and relating to operation of the vessel, and scope of this part? to inspect the vessel to determine com- The applicability of the regulations pliance with regulations pertaining to in this part is described in § 1 .2 of this safety equipment, vessel capacity, ma- chapter. rine sanitation devices, and other pollution and noise abatement require- § 3.2 Do other boating laws and regula- ments. tions apply to me when I operate (b) An authorized person who identi- my boat on park waters? fies a vessel being operated without (a) In addition to the regulations sufficient life saving or firefighting de- contained in this part, the NPS adopts vices, in an overloaded or other unsafe applicable laws and regulations of the condition, as defined in United States United States Coast Guard. The USCG Coast Guard regulations, or in viola- laws and regulations are found in Title tion of a noise level specified in § 3.15(a) 14 United States Code, Title 33 United of this part, may direct the operator to States Code, Title 46 United States suspend further use of the vessel until Code, and 33 CFR chapter I, 46 CFR the condition is corrected. chapter I and III and 49 CFR chapter IV. NPS applies the adopted laws and § 3.5 Do I have to report an accident regulations to vessels and their oper- involving a vessel to the National ation on all waters (navigable and non- Park Service? navigable) subject to NPS jurisdiction. (a) The operator of a vessel involved Therefore, Federal regulations author- in an accident must report the accident izing an action by the ‘‘captain of the to the superintendent as soon as prac- port’’ or another officer or employee of tical, but in any event within 24 hours the United States Coast Guard, author- of the accident, if the accident in- ize a like action by the superintendent. volves: (b) Except to the extent that direc- (1) Total property damage of $2000 or tives of the United States Coast Guard more; or have expressly or implicitly preempted (2) Injury, or death or disappearance inconsistent state laws and regulations of a person or as otherwise provided by subsection (b) If the operator is physically in- (a), vessels and their operation on all capable of making the report, the waters subject to NPS jurisdiction are owner or an occupant of the vessel governed by non-conflicting boating must report the accident to the super- safety laws and regulations of the intendent. State within whose interior boundaries (c) Filing a report with the super- a park area or portion thereof is lo- intendent may satisfy applicable cated. United States Coast Guard, State, and local accident reporting requirements. § 3.3 Am I required to obtain a permit Superintendents will forward the acci- to operate a vessel in a park area? dent report to the appropriate report- Generally, you are not required to ing authority in a timely manner that obtain a permit to operate a vessel in a complies with the requirements of 33 park area. However, in certain cir- CFR 173.55. cumstances, taking into consideration public safety, protection of park re- § 3.6 What are the requirements to op- sources, and weather and park manage- erate a power driven vessel? ment objectives, the superintendent (a) To operate a power-driven vessel may require a permit for use of a vessel on park waters, a person must be ei- within a park area, under §§ 1.5 and 1.7, ther:

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(1) At least 16 years old; or (ii) A person swimming, wading, fish- (2) Between 12 and 15 years old and ing from shore or floating with the aid accompanied on the vessel by a person of a flotation device; at least 18 years old. (iii) A designated launch site; or (b) If a park area is located within a (iv) A manually propelled, anchored State having different age require- or drifting vessel. If the park is located ments, then the applicable State law is within a State specifying different con- adopted in lieu of paragraph (a) of this ditions, then that State law is adopted section. in lieu of this paragraph. (c) If a park area is located within a (5) Unless a designated area is State having a mandatory boater education requirement, then that State re- marked otherwise, operating a power- quirement is adopted. driven or sailing vessel within 500 feet of a shoreline designated as a swim- § 3.7 What are the NPS Personal Float- ming beach. This prohibition does not ation Device (PFD) requirements? apply in locations such as a river, (a) All requirements in Title 33 CFR channel, or narrow cove where passage part 175 related to PFDs are adopted. is restricted to less than 500 feet. In (b) The Superintendent may require such restrictive locations where swim that a PFD be worn or carried on des- beaches are designated, the operation ignated waters, at designated times of a vessel in excess of a flat wake and/or during designated water based speed is prohibited. activities in accordance with §§ 1.5 and (6) Operating a power-driven vessel 1.7 of this chapter. while a person is riding on the decking over the bow, gunwales, top edge of the § 3.8 What vessel operations are pro- transom, motor cover, or in any other hibited? unsafe position when the vessel is (a) The following operations are pro- being operated. This provision does not hibited: apply when that portion of the vessel is (1) Launching or operating an air- designed and constructed for the pur- boat. pose of carrying passengers safely at (2) Launching or recovering a vessel, all speeds or when the vessel is maneu- except at a launch site designated by vering for anchoring, docking or moor- the superintendent. (3) Operating a power-driven vessel ing. on waters not accessible by road. (7) Operating a power driven vessel (4) Operating a vessel in excess of a engine/s or generator with a person sit- length, width, or horsepower restricting, riding or hanging on to a swim tion established by the superintendent platform or swim ladder. in accordance with §§ 1.5 and 1.7 of this (8) Operating a vessel, or knowingly chapter. For the purposes of this para- allowing another person to operate a graph, vessel length is measured ac- vessel in a negligent manner, by failing cording to criteria established in 46 to exercise that degree of care which a CFR chapter I or 33 CFR chapter I. reasonable person, under like cir- (b) The following operations are in- cumstances, would demonstrate in herently unsafe and therefore prohib- order to prevent the endangering of the ited: life, limb, or property of a person(s) (1) Operating a power-driven or sail- through the operator’s lack of knowl- ing vessel within 100 feet of a diver’s edge, inattention, or general careless- flag except a vessel in support of dive ness. operations, which may not be operated (9) Operating a vessel or knowingly in excess of flat wake speed. allowing another person to operate a (2) Failing to observe restriction(s) vessel in a grossly negligent manner, established by a regulatory marker. (3) Operating a vessel in excess of flat by willfully and wantonly creating an wake speed in designated areas. unreasonable risk of harm to person(s) (4) Operating a vessel in excess of flat or property, regardless of whether the wake speed within 100 feet of: operator intended to cause harm. (i) A downed water skier;

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§ 3.9 May I operate my personal (5) If a park area is located within a watercraft (PWC) in park waters? State that has more restrictive regula- (a) A person may operate a PWC only tions for the operation of PWC, then in park areas where authorized by spe- applicable State law applies in lieu of cial regulation. Special regulations paragraphs (b)(1) through (b)(4) of this may only be promulgated in the 21 section. parks listed in the following table: § 3.10 What are the regulations regard- Name Water type State ing operating a vessel while under the influence of alcohol and/or Amistad National Recreation Impounded Lake TX drugs? Area. Assateague Island National Open Ocean/Bay MD/VA (a) Operating or being in actual phys- Seashore. Bighorn Canyon National Impounded Lake MT ical control of a vessel is prohibited Recreation Area. while: Big Thicket National Preserve .. River ...... TX (1) Under the influence of alcohol, a Cape Cod National Seashore ... Open Ocean/Bay MA Cape Lookout National Sea- Open Ocean/Bay NC drug or drugs, or any combination shore. thereof, to a degree that renders the Chickasaw National Recreation Impounded Lake OK operator incapable of safe operation; or Area. Cumberland Island National Open Ocean/Bay GA (2) The alcohol concentration in the Seashore. operator’s blood or breath is 0.08 grams Curecanti National Recreation Impounded Lake CO or more of alcohol per 100 milliliters of Area. Delaware Water Gap ...... River ...... PA/NJ blood or 0.08 grams or more of alcohol Fire Island National Seashore .. Open Ocean/Bay NY per 210 liters of breath. Gateway National Recreation Open Ocean/Bay NY (b) If State law that applies to oper- Area. Glen Canyon National Recre- Impounded Lake AZ/UT ating a vessel while under the influence ation Area. of alcohol establishes more restrictive Gulf Islands National Seashore Open Ocean/Bay FL/MS limits of alcohol concentration in the Indiana Dunes National Lake- Natural Lake ...... IN shore. operator’s blood or breath, those limits Lake Mead National Recreation Impounded Lake AZ/NV apply rather than the limits specified Area. in paragraph (a) of this section. Lake Meredith National Recre- Impounded Lake TX ation Area. (c) The provisions of this section also Lake Roosevelt National Recre- Impounded Lake WA apply to an operator who is or has been ation Area. legally entitled to use alcohol or drugs. Padre Island National Seashore Open Ocean/Bay TX Pictured Rocks National Lake- Natural Lake ...... MI shore. § 3.11 When is testing for alcohol or Whiskeytown-Shasta-Trinity Na- Impounded Lake CA drugs required? tional Recreation Area. (a) At the request or direction of an (b) Where authorized, operation of a authorized person who has probable PWC on park waters is subject to the cause to believe that an operator of a following conditions: vessel has violated provisions of § 3.10, (1) No person may operate a PWC un- the operator must submit to one or less each person aboard is wearing a more testing procedures of the blood, Type I, II, III, or V PFD approved by breath, saliva or urine for the purpose the United States Coast Guard. of determining blood alcohol and/or (2) A person operating a PWC drug content. equipped by the manufacturer with a (1) Refusal by an operator to submit lanyard-type engine cut-off switch to a test is prohibited and proof of re- must attach such lanyard to his per- fusal may be admissible in any related son, clothing, or PFD, as appropriate judicial proceeding. for the specific vessel. (2) Any test or tests for the presence (3) No person may operate a PWC of alcohol and drugs must be deter- anytime between sunset and sunrise. mined by and administered at the di- (4) No person may operate a PWC by rection of an authorized person. jumping the wake, becoming partially (3) Any test must be conducted by airborne or completely leaving the using accepted scientific methods and water while crossing the wake of an- equipment of proven accuracy and reli- other vessel within 100 feet of the ves- ability operated by personnel certified sel creating the wake. in its use.

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(b) The results of chemical or other § 3.13 What conditions apply to the use quantitative tests are intended to sup- of Marine Sanitation Devices plement the elements of probable cause (MSD)? used as the basis for the arrest of an (a) Discharging sewage from any ves- operator charged with a violation of sel, whether treated or not, in any body § 13.10. If the alcohol concentration in of fresh water is prohibited. the operator’s blood or breath at the (b) The owner or operator of any ves- time of testing is less than alcohol con- sel on park fresh water that is equipped centrations specified in § 13.10(a)(2), with toilet facilities and/or a MSD that this fact does not give rise to any pre- is capable of discharge, must lock or sumption that the operator is or is not otherwise secure the valves or mecha- under the influence of alcohol. nism of the device. Acceptable methods (c) The provisions of paragraph (b) of of securing the device include: this section are not intended to limit (1) Closing the seacock and removing the introduction of any other com- the handle; petent evidence bearing upon the ques- (2) Padlocking the seacock in the tion of whether the operator, at the closed position; time of the alleged violation, was (3) Using a non-releasable wire-tie to under the influence of alcohol, or a hold the seacock in the closed position; drug, or drugs, or any combination or thereof. (4) Locking the door to the space en- closing the toilets with a padlock or § 3.12 May I use a vessel to tow a per- door handle key lock. son for water skiing or other similar activities? (c) The superintendent may modify the requirements of this section (a) The towing of a person by a vessel through a special regulation. is allowed only in designated waters, and in accordance with conditions es- § 3.14 Am I required to remove a sunk- tablished by the superintendent under en, grounded, or disabled vessel? §§ 1.5 and 1.7 of this chapter. (a) Except as provided in paragraph (b) Towing a person using a parasail, (b) of this section, the owners or au- hang-glider or other airborne device thorized salvager of a sunken, ground- may be allowed only in accordance ed, or disabled vessel must remove the with a permit issued by the super- vessel, all component parts and equip- intendent under § 1.6 of this chapter. ment, and all associated cargo thereof (c) Where towing is designated, the in accordance with procedures estab- following conditions apply: lished by the superintendent. In estab- (1) Towing is allowed only between lishing removal procedures, the super- the hours of sunrise and sunset. intendent is authorized to: (2) In addition to the boat operator, a (1) Establish a reasonable date by person at least 12 years of age must be which vessel removal operations must present to observe the action of the be complete; person being towed. (2) Determine times and means of ac- (3) A person being towed must wear a cess to and from the vessel; and United States Coast Guard approved (3) Specify the manner or method of Type I, II, III, or V PFD. removal. (4) A person being towed may not (b) The superintendent may waive commit any act in a manner that en- the requirements of paragraph (a) of dangers, or is likely to endanger, any this section or prohibit removal of the person or damage property. vessel, equipment, or cargo upon a (5) Operating a vessel that does not written determination that: have the capacity to carry the per- (1) The removal would constitute an son(s) being towed in addition to the unacceptable risk to human life; operator and observer is prohibited. (2) The removal would result in ex- (6) No person shall operate a power tensive resource damage; or driven vessel using a tow rope 20 feet or (3) The removal is impracticable or less in length when towing a person. impossible.

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§ 3.15 What is the maximum noise level illumination may not consist of lights for the operation of a vessel? that may be confused with navigation (a) A person may not operate a vessel lights or aids to navigation lights. at a noise level exceeding: (d) While on the surface, submerging (1) 75dB(A) measured utilizing test or surfacing the diver must remain procedures applicable to vessels under- within a 100 feet horizontal radius of way (Society of Automotive Engineers the diver flag. SAE—J1970); or (e) If State laws or regulations exist (2) 88dB(A) measured utilizing test concerning snorkeling activities, those procedures applicable to stationary provisions of State law or regulation vessels (Society of Automotive Engi- are adopted. neers SAE—J2005). (b) An authorized person who has rea- § 3.19 May I operate a submersible within park waters? son to believe that a vessel is being operated in excess of the noise levels es- The use of manned or unmanned tablished in paragraph (a) of this sec- submersibles may only occur in accord- tion may direct the operator of the ves- ance with a permit issued by the super- sel to submit the vessel to an on-site intendent under § 1.6 of this chapter. test to measure the noise level. PART 4—VEHICLES AND TRAFFIC § 3.16 May I swim or wade in park wa- SAFETY ters? Swimming or wading is allowed in Sec. waters, subject to closures or restric- 4.1 Applicability and scope. tions designated by the superintendent 4.2 State law applicable. in accordance with §§ 1.5 and 1.7 of this 4.3 Authorized emergency vehicles. chapter. 4.4 Report of motor vehicle accident. 4.10 Travel on park roads and designated § 3.17 What regulations apply to swim- routes. ming areas and beaches? 4.11 Load, weight and size limits. 4.12 Traffic control devices. (a) The superintendent may des- 4.13 Obstructing traffic. ignate areas as swimming areas or 4.14 Open container of alcoholic beverage. swimming beaches in accordance with 4.15 Safety belts. §§ 1.5 and 1.7 of this chapter. 4.20 Right of way. (b) Within designated swimming 4.21 Speed limits. areas, the use of a surfboard or similar 4.22 Unsafe operation. 4.23 Operating under the influence of alco- rigid device is prohibited. hol or drugs. (c) The superintendent may prohibit 4.30 Bicycles. the use or possession of flotation de- 4.31 Hitchhiking. vices, glass containers, kites, or incom- AUTHORITY: 16 U.S.C. 1, 3, 9a, 462(k). patible activities in swimming areas or swimming beaches in accordance with SOURCE: 52 FR 10683, Apr. 2, 1987, unless §§ 1.5 and 1.7 of this chapter. otherwise noted.

§ 3.18 May I snorkel or underwater § 4.1 Applicability and scope. dive in park waters? The applicability of the regulations (a) Snorkeling and underwater diving in this part is described in § 1.2 of this is allowed in park waters, subject to chapter. The regulations in this part closures or restrictions designated by also apply, regardless of land owner- the superintendent in accordance with ship, on all roadways and parking areas §§ 1.5 and 1.7 of this chapter. within a park area that are open to (b) In waters open to the use of ves- public traffic and that are under the sels, a diver must prominently display legislative jurisdiction of the United a dive flag during dive operations. A States. dive flag must not be displayed unless dive operations are ongoing. § 4.2 State law applicable. (c) The dive flag must be illuminated (a) Unless specifically addressed by when dive operations take place be- regulations in this chapter, traffic and tween sunset and sunrise. The dive flag the use of vehicles within a park area

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are governed by State law. State law (b) Routes and areas designated for that is now or may later be in effect is off-road motor vehicle use shall be pro- adopted and made a part of the regula- mulgated as special regulations. The tions in this part. designation of routes and areas shall (b) Violating a provision of State law comply with § 1.5 of this chapter and is prohibited. E.O. 11644 (37 FR 2887). Routes and areas may be designated only in na- § 4.3 Authorized emergency vehicles. tional recreation areas, national sea- (a) The operator of an authorized shores, national lakeshores and na- emergency vehicle, when responding to tional preserves. an emergency or when pursuing or ap- (c) The following are prohibited: prehending an actual or suspected vio- (1) Operating a motor vehicle not lator of the law, may: equipped with pneumatic tires, except (1) Disregard traffic control devices; that a track-laying motor vehicle or a (2) Exceed the speed limit; and motor vehicle equipped with a similar (3) Obstruct traffic. traction device may be operated on a (b) The provisions of paragraph (a) of route designated for these vehicles by this section do not relieve the operator the superintendent. from the duty to operate with due re- (2) Operating a motor vehicle in a gard for the safety of persons and prop- manner that causes unreasonable dam- erty. age to the surface of a park road or route. § 4.4 Report of motor vehicle accident. (3) Operating a motor vehicle on a (a) The operator of a motor vehicle route or area designated for off-road 1 involved in an accident resulting in motor vehicle use, from ⁄2 hour after 1 property damage, personal injury or sunset to ⁄2 hour before sunrise, with- death shall report the accident to the out activated headlights and taillights superintendent as soon as practicable, that meet the requirements of State but within 24 hours of the accident. If law for operation on a State highway. the operator is physically incapable of § 4.11 Load, weight and size limits. reporting the accident, an occupant of the vehicle shall report the accident to (a) Vehicle load, weight and size lim- the superintendent. its established by State law apply to a (b) A person shall not tow or move a vehicle operated on a park road. How- vehicle that has been involved in an ac- ever, the superintendent may designate cident without first notifying the su- more restrictive limits when appro- perintendent unless the position of the priate for traffic safety or protection of vehicle constitutes a hazard or prior the road surface. The superintendent notification is not practicable, in may require a permit and establish which case notification shall be made conditions for the operation of a vehi- before the vehicle is removed from the cle exceeding designated limits. park area. (b) The following are prohibited: (c) Failure to comply with a report- (1) Operating a vehicle that exceeds a ing requirement specified in paragraph load, weight or size limit designated by (a) or (b) of this section is prohibited. the superintendent. (d) The notification requirements im- (2) Failing to obtain a permit when posed by this section do not relieve the required. operator and occupants of a motor ve- (3) Violating a term or condition of a hicle involved in an accident of the re- permit. sponsibility to satisfy reporting re- (4) Operating a motor vehicle with an quirements imposed by State law. auxiliary detachable side mirror that extends more than 10 inches beyond the § 4.10 Travel on park roads and des- side fender line except when the motor ignated routes. vehicle is towing a second vehicle. (a) Operating a motor vehicle is pro- (c) Violating a term or condition of a hibited except on park roads, in park- permit may also result in the suspen- ing areas and on routes and areas des- sion or revocation of the permit by the ignated for off-road motor vehicle use. superintendent.

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§ 4.12 Traffic control devices. § 4.15 Safety belts. Failure to comply with the directions (a) Each operator and passenger oc- of a traffic control device is prohibited cupying any seating position of a unless otherwise directed by the super- motor vehicle in a park area will have intendent. the safety belt or child restraint system properly fastened at all times § 4.13 Obstructing traffic. when the vehicle is in motion. The The following are prohibited: safety belt and child restraint system will conform to applicable United (a) Stopping or parking a vehicle States Department of Transportation upon a park road, except as authorized standards. by the superintendent, or in the event (b) This section does not apply to an of an accident or other condition be- occupant in a seat that was not origi- yond the control of the operator. nally equipped by the manufacturer (b) Operating a vehicle so slowly as with a safety belt nor does it apply to to interfere with the normal flow of a person who can demonstrate that a traffic. medical condition prevents restraint by a safety belt or other occupant re- § 4.14 Open container of alcoholic bev- straining device. erage. (a) Each person within a motor vehi- [62 FR 61633, Nov. 19, 1997] cle is responsible for complying with § 4.20 Right of way. the provisions of this section that pertain to carrying an open container. The An operator of a motor vehicle shall operator of a motor vehicle is the per- yield the right of way to pedestrians, son responsible for complying with the saddle and pack animals and vehicles provisions of this section that pertain drawn by animals. Failure to yield the to the storage of an open container. right of way is prohibited. (b) Carrying or storing a bottle, can § 4.21 Speed limits. or other receptacle containing an alcoholic beverage that is open, or has been (a) Park area speed limits are as fol- opened, or whose seal is broken or the lows: contents of which have been partially (1) 15 miles per hour: within all removed, within a motor vehicle in a school zones, campgrounds, picnic park area is prohibited. areas, parking areas, utility areas, business or residential areas, other (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

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use of radiomicrowaves or other elec- centration in the operator’s blood or trical devices are not required. breath, those limits supersede the limits specified in this paragraph. § 4.22 Unsafe operation. (b) The provisions of paragraph (a) of (a) The elements of this section con- this section also apply to an operator stitute offenses that are less serious who is or has been legally entitled to than reckless driving. The offense of use alcohol or another drug. reckless driving is defined by State law (c) Tests. (1) At the request or direc- and violations are prosecuted pursuant tion of an authorized person who has to the provisions of section 4.2 of this probable cause to believe that an oper- chapter. ator of a motor vehicle within a park (b) The following are prohibited: area has violated a provision of para- (1) Operating a motor vehicle without graph (a) of this section, the operator due care or at a speed greater than shall submit to one or more tests of the that which is reasonable and prudent blood, breath, saliva or urine for the considering wildlife, traffic, weather, purpose of determining blood alcohol road and light conditions and road and drug content. character. (2) Refusal by an operator to submit (2) Operating a motor vehicle in a to a test is prohibited and proof of re- manner which unnecessarily causes its fusal may be admissible in any related tires to squeal, skid or break free of judicial proceeding. the road surface. (3) Any test or tests for the presence (3) Failing to maintain that degree of of alcohol and drugs shall be deter- control of a motor vehicle necessary to mined by and administered at the di- avoid danger to persons, property or rection of an authorized person. wildlife. (4) Any test shall be conducted by (4) Operating a motor vehicle while using accepted scientific methods and allowing a person to ride: equipment of proven accuracy and reli- (i) On or within any vehicle, trailer ability operated by personnel certified or other mode of conveyance towed be- in its use. hind the motor vehicle unless specifi- (d) Presumptive levels. (1) The results cally designed for carrying passengers of chemical or other quantitative tests while being towed; or are intended to supplement the ele- (ii) On any exterior portion of the ments of probable cause used as the motor vehicle not designed or intended basis for the arrest of an operator for the use of a passenger. This restric- charged with a violation of paragraph tion does not apply to a person seated (a)(1) of this section. If the alcohol con- 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 0.08 grams drug, or drugs, or any combination or more of alcohol per 100 milliliters of thereof. blood or 0.08 grams or more of alcohol [52 FR 10683, Apr. 2, 1987, as amended at 68 per 210 liters of breath. Provided how- FR 46479, Aug. 6, 2003] ever, that if State law that applies to operating a motor vehicle while under § 4.30 Bicycles. the influence of alcohol establishes (a) The use of a bicycle is prohibited more restrictive limits of alcohol con- except on park roads, in parking areas

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and on routes designated for bicycle 5.7 Construction of buildings or other facili- use; provided, however, the super- ties. intendent may close any park road or 5.8 Discrimination in employment practices. parking area to bicycle use pursuant to 5.9 Discrimination in furnishing public ac- the criteria and procedures of §§ 1.5 and commodations and transportation serv- 1.7 of this chapter. Routes may only be ices. designated for bicycle use based on a 5.10 Eating, drinking, or lodging establish- written determination that such use is ments. consistent with the protection of a 5.11–5.12 [Reserved] park area’s natural, scenic and aes- 5.13 Nuisances. thetic values, safety considerations 5.14 Prospecting, mining, and mineral leasing. and management objectives and will not disturb wildlife or park resources. AUTHORITY: 16 U.S.C. 1, 3, 9a, 17j–2, 462. (b) Except for routes designated in SOURCE: 31 FR 16660, Dec. 29, 1966, unless developed areas and special use zones, otherwise noted. routes designated for bicycle use shall be promulgated as special regulations. § 5.1 Advertisements. (c) A person operating a bicycle is Commercial notices or advertise- subject to all sections of this part that ments shall not be displayed, posted, or apply to an operator of a motor vehi- distributed on federally owned or con- cle, except §§ 4.4, 4.10, 4.11 and 4.14. trolled lands within a park area unless (d) The following are prohibited: prior written permission has been (1) Possessing a bicycle in a wilder- given by the Superintendent. Such per- ness area established by Federal stat- mission may be granted only if the no- ute. tice or advertisement is of goods, serv- (2) Operating a bicycle during periods ices, or facilities available within the of low visibility, or while traveling park area and such notices and adver- through a tunnel, or between sunset tisements are found by the Super- and sunrise, without exhibiting on the intendent to be desirable and necessary operator or bicycle a white light or re- for the convenience and guidance of the flector that is visible from a distance public. of at least 500 feet to the front and with a red light or reflector visible from at § 5.2 Alcoholic beverages; sale of in- least 200 feet to the rear. toxicants. (3) Operating a bicycle abreast of an- (a) The sale of alcoholic, spirituous, other bicycle except where authorized vinous, or fermented liquor, containing by the superintendent. more than 1 percent of alcohol by (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- ite National Parks, unless a permit for PART 5—COMMERCIAL AND the sale thereof has first been secured PRIVATE OPERATIONS from the appropriate Regional Direc- tor. Sec. (1) In granting or refusing applica- 5.1 Advertisements. tions for permits as herein provided, 5.2 Alcoholic beverages; sale of intoxicants. the Regional Directors shall take into 5.3 Business operations. 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

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any other local factors which have a representative is prohibited in Crater relationship to the privilege requested. Lake (prohibition is limited to sight- (2) A fee will be charged for the seeing tours on the rim drive), Glacier issuance of such a permit, cor- (prohibition does not apply to non- responding to that charged for the ex- scheduled tours on portions of the park ercise of similar privileges outside the road as defined in § 7.3 of this chapter), park area boundaries by the State gov- Grand Canyon (prohibition does not ernment, or appropriate political sub- apply to the north rim or to non- division thereof within whose exterior scheduled tours as defined in § 7.4 of boundaries the place covered by the this chapter), Grand Teton (prohibition permit is situated. does not apply to those portions of (3) The applicant or permittee may Highways Nos. 26, 89, 187, and 287 com- appeal to the Director from any final mencing at the south boundary of the action of the appropriate Regional Di- park and running in a general north- rector refusing, conditioning or revok- erly direction to the east and north ing the permit. Such an appeal shall be boundaries of the park), Mesa Verde filed, in writing, within 20 days after (prohibition does not apply to trans- receipt of notice by the applicant or portation between points within the permittee of the action appealed from. park and outside points), Denali Na- Any final decision of the Director may tional Park and Preserve (prohibition be appealed to the Secretary of the In- does not apply to that portion of the terior within 15 days after receipt of Denali Park road between the Highway notice by the applicant or permittee of 3 junction and the Denali Park Rail- the Director’s decision. road Depot), Sequoia-Kings Canyon, (4) The permit for sale of intoxicating Yellowstone (prohibition does not liquors shall contain such general and apply to nonscheduled tours as defined special conditions as the Regional Di- in § 7.13 of this chapter, nor to that por- rector may deem reasonably necessary tion of U.S. Highway 191 traversing the to insure safe and orderly management northwest corner of the park) and Yo- of the park area. semite National Parks. The following (5) The permittee shall comply with principles will govern the interpreta- all State and county laws and regulation and enforcement of the section: tions, other than fee and license re- (1) Transportation is commercial if it quirements, which would be applicable is operated primarily as a business ac- to the premises and to the sale and dis- tivity or for profit of the operator, or if pensing of intoxicating beverages if the any person or organization may receive privately owned lands were not subject a profit, commission, fee, brokerage or 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 representative. § 5.4 Commercial passenger-carrying (4) Transportation will not be deemed motor vehicles. commercial for the sole reason that the (a) The commercial transportation of motor vehicle is chartered or rented in passengers by motor vehicles except as good faith to the operator, by the authorized under a contract or permit owner, for general use at a charge from the Secretary or his authorized based upon time or mileage or both.

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Nothing in this section is intended to § 5.5 Commercial photography. prohibit the operation of pleasure type (a) Motion pictures, television. Before automobiles rented without a driver on any motion picture may be filmed or the normal terms from the owner. any television production or sound (5) Subject to the provision of para- track may be made, which involves the graph (a)(1) of this section, transpor- use of professional casts, settings, or tation is not commercial if it is a part crews, by any person other than bona of a trip or tour initiated, organized, fide newsreel or news television per- and directed by an established bona sonnel, written permission must first fide school or college, institution, soci- be obtained from the Superintendent, ety or other organization, as a non- in accordance with the provisions of profit activity of such organization, the special regulations contained in and if all passengers are students, fac- part 5, subtitle A, title 43 of the Code of ulty, members, or employees of such Federal Regulations. organization, or otherwise connected (b) Still photography. The taking of therewith, provided that credentials photographs of any vehicle, or other are presented at the park entrance articles of commerce or models for the from the head of such institution or or- purpose of commercial advertising ganization indicating the trip is in ac- without a written permit from the Su- cordance with the provisions stipulated perintendent is prohibited. herein. Clubs or associations having as a principal purpose the arranging of § 5.6 Commercial vehicles. tours, trips, or transportation for their (a) The term ‘‘Commercial vehicle’’ members will not qualify for admission as used in this section shall include, into the above-named parks under the but not be limited to trucks, station provision of this paragraph. (6) As used in this section, ‘‘owner’’ wagons, pickups, passenger cars or means the person or organization hav- other vehicles when used in trans- ing legal title, or all the incidents of porting movable property for a fee or ownership other than legal title, of a profit, either as a direct charge to an- motor vehicle by which passengers may other person, or otherwise, or used as be transported, and includes a reg- an incident to providing services to an- istered owner or a purchaser under a other person, or used in connection with any business. conditional sales contract. ‘‘Operator’’ (b) The use of government roads means the person, organization, or within park areas by commercial vehi- group that arranges for the transpor- cles, when such use is in no way con- tation, assumes responsibility for fi- nected with the operation of the park nancial risk and management, and de- area, is prohibited, except that in termines who shall be transported upon emergencies the Superintendent may what terms, conditions, or charges. grant permission to use park roads. The operator may be the owner, but (c) The Superintendent shall issue need not be. permits for commercial vehicles used (b) Passenger-carrying motor vehi- on park area roads when such use is cles, otherwise admissible, that are so necessary for access to private lands large as to require special escort in situated within or adjacent to the park order to proceed safely over park roads, area, to which access is otherwise not or which in the judgment of the Super- available. intendent are beyond the carrying capacity or safety factor of the roads, § 5.7 Construction of buildings or will not be permitted in the parks, ex- other facilities. cept that, where they may satisfac- Constructing or attempting to con- torily enter and travel to park head- struct a building, or other structure, quarters they may be parked there dur- boat dock, road, trail, path, or other ing the period of stay. way, telephone line, telegraph line, (5 U.S.C. 553; 39 Stat. 535; 16 U.S.C. 3) power line, or any other private or pub- [31 FR 16660, Dec. 29, 1966, as amended at 37 lic utility, upon across, over, through, FR 12722, June 28, 1972; 38 FR 10639, Apr. 30, or under any park areas, except in ac- 1973; 60 FR 35841, July 12, 1995; 65 FR 37878, cordance with the provisions of a valid June 19, 2000] permit, contract, or other written

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

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§ 5.10 Eating, drinking, or lodging es- eral mining laws and leasing under the tablishments. mineral leasing laws are prohibited in (a) No establishment offering food, park areas except as authorized by law. drink, or lodging for sale on any privately owned lands under the legisla- PART 6—SOLID WASTE DISPOSAL tive jurisdiction of the United States SITES IN UNITS OF THE NATIONAL within Glacier, Lassen Volcanic, Mesa PARK SYSTEM Verde, Denali, Mount Rainier, Olym- pic, Rocky Mountain, Sequoia-Kings Sec. Canyon, Yellowstone, and Yosemite 6.1 Purpose. National Parks may be operated with- 6.2 Applicability and scope. out a permit obtained from the Super- 6.3 Definitions. intendent. Such permit may include 6.4 Solid waste disposal sites not in oper- terms and conditions deemed necessary ation on September 1, 1984. by the Superintendent to the health, 6.5 Solid waste disposal sites in operation safety and welfare of the public and it on September 1, 1984. may be revoked upon failure to comply 6.6 Solid waste disposal sites within new ad- with the requirements of paragraphs ditions to the National Park System. 6.7 Mining wastes. (b) and (c) of this section or the condi- 6.8 National Park Service solid waste re- tions set forth in the permit. sponsibilities. (b) Such establishment shall be 6.9 Permits. maintained and operated in accordance 6.10 Financial assurance. with the rules and regulations rec- 6.11 Appeals. ommended by the U.S. Public Health 6.12 Prohibited acts and penalties. Service for such establishments, and AUTHORITY: 16 U.S.C. 1, 3, 460l–22(c). the substantive requirements of State and local laws and regulations relating SOURCE: 59 FR 65957, Dec. 22, 1994, unless to such establishments, which would otherwise noted. apply if such privately owned lands § 6.1 Purpose. were not subject to the jurisdiction of the United States. In the event of con- (a) The regulations contained in this flict or inconsistency between such part prohibit the operation of any solid U.S. Public Health Service rec- waste disposal site, except as specifi- ommendations and State or local laws cally provided for, and govern the con- the former shall prevail. tinued use of any existing solid waste (c) The Superintendent shall have the disposal site within the boundaries of right to inspect such establishments at any unit of the National Park System. reasonable times to determine whether (b) The purpose of the regulations in the establishment is being operated in this part is to ensure that all activities accordance with the applicable rules within the boundaries of any unit of and regulations and in accordance with the National Park System resulting the provisions of the permit. from the operation of a solid waste disposal site are conducted in a manner to [31 FR 16660, Dec. 29, 1966, as amended at 65 FR 37878, June 19, 2000] prevent the deterioration of air and water quality, to prevent degradation §§ 5.11–5.12 [Reserved] of natural and cultural, including archeological, resources, and to reduce § 5.13 Nuisances. adverse effects to visitor enjoyment. The creation or maintenance of a (c) The regulations in this part inter- nuisance upon the federally owned pret and implement Pub. L. 98–506, 98 lands of a park area or upon any pri- Stat. 2338 (16 U.S.C. 460l–22(c)). vate lands within a park area under the exclusive legislative jurisdiction of the § 6.2 Applicability and scope. United States is prohibited. (a) The regulations contained in this part apply to all lands and waters with- § 5.14 Prospecting, mining, and min- in the boundaries of all units of the Na- eral leasing. tional Park System, whether federally Prospecting, mining, and the loca- or nonfederally owned, and without re- tion of mining claims under the gen- gard to whether access to a solid waste

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

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

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

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

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

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

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

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

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7.87 Kaloko-Honokohau National Historical ALPHABETICAL LISTING—Continued Park. 7.88 Indiana Dunes National Lakeshore. Name Section 7.89 New River Gorge National River. 7.90 [Reserved] Hawaii Volcanoes National Park, Hawaii ...... 7.25 Herbert Hoover National Historic Site, Iowa ...... 7.60 7.91 Whiskeytown Unit, Whiskeytown-Shas- Hopewell Village National Historic Site, Pa ...... 7.40 ta-Trinity National Recreation Area. Hot Springs National Park, Ark ...... 7.18 7.92 Bighorn Canyon National Recreation Indiana Dunes National Lakeshore, Ind ...... 7.88 Area. Isle Royale National Park, Mich ...... 7.38 7.93 Guadalupe Mountains National Park. Jean Lafitte National Historical Park, La ...... 7.37 7.94–7.95 [Reserved] Kaloko-Honokohau National Historical Park, Hawaii 7.87 7.96 National Capital Region. Lake Chelan National Recreation Area, Wash ...... 7.62 Lake Mead National Recreation Area, Ariz.-Nev ...... 7.48 7.97 Golden Gate National Recreation Area. Lake Meredith National Recreation Area, Tex ...... 7.57 7.100 Appalachian National Scenic Trail. Mammoth Cave National Park, Ky ...... 7.36 Mesa Verde National Park, Colo ...... 7.39 AUTHORITY: 16 U.S.C. 1, 3, 9a, 462(k); Sec. Mount Rainier National Park, Wash ...... 7.5 7.96 also issued under DC Code 10–137 (2001) Mount Rushmore National Memorial, S. Dak ...... 7.77 and DC Code 50–2201 (2001). Muir Woods National Monument, Calif ...... 7.6 Natchez Trace Parkway, Miss.-Tenn.-Ala ...... 7.43 ALPHABETICAL LISTING National Capital Region, D.C. area ...... 7.96 New River Gorge National River, WV ...... 7.89 Name Section North Cascades National Park, Wash ...... 7.66 Olympic National Park, Wash ...... 7.28 Acadia National Park, Maine ...... 7.56 Ozark National Scenic Riverways, Mo ...... 7.83 Amistad Recreation Area, Tex ...... 7.79 Padre Island National Seashore, Tex ...... 7.75 Apostle Islands National Lakeshore, Wis ...... 7.82 Perry’s Victory and International Peace Memorial, Appalachian National Scenic Trail ...... 7.100 Ohio ...... 7.31 Arkansas Post National Memorial, Ark ...... 7.72 Petersburg National Battlefield, VA ...... 7.64 Assateague Island National Seashore, Md.–Va ...... 7.65 Pipestone National Monument, Minn ...... 7.42 Badlands National Park, SD ...... 7.23 Pictured Rocks National Lakeshore, Mich ...... 7.32 Big Bend National Park, Tex ...... 7.41 Point Reyes National Seashore, Calif ...... 7.81 Big Cypress National Preserve, Fla ...... 7.86 Rockefeller, Jr., John D., Memorial Parkway, Wyo .. 7.21 Big Thicket National Preserve, Tex ...... 7.85 Rocky Mountain National Park, Colo ...... 7.7 Bighorn Canyon National Recreation Area, Mont.– Ross Lake National Recreation Area, Wash ...... 7.69 Wyo ...... 7.92 Russell Cave National Monument, Ala ...... 7.68 Black Canyon of the Gunnison National Monument, Saguaro National Park, AZ ...... 7.11 Colo ...... 7.53 Sequoia-Kings Canyon National Parks, Calif ...... 7.8 Blue Ridge Parkway, Va.-N.C ...... 7.34 Shenandoah National Park, Va ...... 7.15 Buck Island Reef National Monument, Virgin Islands 7.73 Sleeping Bear Dunes National Lakeshore, Mich ...... 7.80 Buffalo National River, Ark ...... 7.35 St. Croix National Scenic Rivers, Wis ...... 7.9 Canyon de Chelly National Monument, Ariz ...... 7.19 Theodore Roosevelt National Park, N. Dak ...... 7.54 Canyonlands National Park, Utah ...... 7.44 Upper Delaware Scenic and Recreational River, Cape Cod National Seashore, Mass ...... 7.67 Pa.–N.Y ...... 7.24 Cape Hatteras National Seashore, N.C ...... 7.58 Virgin Islands Coral Reef National Monument ...... 7.46 Cape Lookout National Seashore, NC ...... 7.49 Virgin Islands National Park, Virgin Islands ...... 7.74 Carlsbad Caverns National Park, N. Mex ...... 7.47 Voyageurs National Park, Minn ...... 7.33 Cedar Breaks National Monument, Utah ...... 7.52 Whiskeytown Unit, Whiskeytown-Shasta-Trinity Na- Channel Islands National Park, Calif ...... 7.84 tional Recreation Area, Calif ...... 7.91 Chickasaw Recreation Area, Okla ...... 7.50 Wright Brothers National Memorial, N.C ...... 7.76 Colonial National Historical Park, Va ...... 7.1 Yellowstone National Park, Wyo.-Mont.-Idaho ...... 7.13 Lake Roosevelt National Recreation Area, Wash ..... 7.55 Yosemite National Park, Calif ...... 7.16 Crater Lake National Park, Oreg ...... 7.2 Zion National Park, Utah ...... 7.10 Curecanti Recreation Area, Colo ...... 7.51 Cuyahoga Valley National Recreation Area, Ohio .... 7.17 Death Valley National Monument, Calif ...... 7.26 [32 FR 6932, May 5, 1967; 32 FR 7333, May 17, Delaware Water Gap National Recreation Area, 1967, as amended at 32 FR 21037, Dec. 30, 1967] N.J.–Pa ...... 7.71 EDITORIAL NOTE: The Alphabetical Listing Devil’s Tower National Monument, Wyo ...... 7.30 is updated annually by the Office of the Fed- Dinosaur National Monument, Utah-Colo ...... 7.63 Dry Tortugas National Park, Fla ...... 7.27 eral Register. 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 Gateway National Recreation Area, N.Y.–N.J ...... 7.29 (a) Boating. Except in emergencies, Glacier National Park, Mont ...... 7.3 no privately owned vessel shall be Glen Canyon National Recreation Area, Utah-Ariz ... 7.70 launched from land within Colonial Na- Golden Gate National Recreation Area, Calif ...... 7.97 tional Historical Park and no privately Grand Canyon National Park, Ariz ...... 7.4 Grand Portage National Monument, Minn ...... 7.59 owned vessel shall be beached or landed Grand Teton National Park, Wyo ...... 7.22 on land within said Park. Great Smoky Mountains National Park, N.C.-Tenn .. 7.14 (b) Commercial passenger—carrying Guadalupe Mountains National Park, Tex ...... 7.93 Gulf Islands National Seashore, Fla.–Miss ...... 7.12 motor vehicles. Permits shall be re- Harpers Ferry National Historical Park, Md.–W.V .... 7.78 quired for the operation of commercial

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passenger-carrying vehicles, including to fishing, including but not limited to, taxi-cabs, carrying passengers for hire species of fish that may be taken, sea- on any portion of the Colonial Park- sons and hours during which fishing way. The fees for such permits shall be may take place, methods of taking, as follows: size, location, and possession limits. (1) Annual permit for the calendar (3) Fishing in violation of a condition year: $3.50 for each passenger-carrying or restriction established by the Super- seat in the vehicle to be operated. intendent is prohibited. (2) Quarterly permit for a period be- (b) Eating, drinking, and lodging estab- ginning January 1, April 1, July 1, or lishments. (1) No eating, drinking, or October 1: $1 for each passenger-car- lodging establishment offering food, rying seat in the vehicle to be oper- drink, or lodging for sale may be operated. ated on any privately owned lands (3) Permit good for one day, 5-pas- within Glacier National Park unless a senger vehicle: $1. permit for the operation thereof has (4) Permit good for one day, more first been obtained from the Super- than 5-passenger vehicle: $3. intendent. [32 FR 16213, Nov. 28, 1967, as amended at 48 (2) The Superintendent will issue a FR 30293, June 30, 1983] permit only after an inspection of the premises and a determination that the § 7.2 Crater Lake National Park. premises comply with the substantive (a) Fishing. Fishing in Crater Lake requirements of State and county and park streams is permitted from health and sanitary laws and ordi- May 20 through October 31. nances and rules and regulations pro- (b) Boating. No private vessel or mulgated pursuant thereto which motor may be used on the waters of the would apply to the premises if the pri- park. vately owned lands were not subject to (c) Snowmobiles. Snowmobile use is the jurisdiction of the United States. permitted in Crater Lake National (3) No fee will be charged for the Park on the North Entrance Road from issuance of such a permit. its intersection with the Rim Drive to (4) The Superintendent or his duly the park boundary, and on intermit- authorized representative shall have tent routes detouring from the North the right of inspection at all reason- Entrance Road as designated by the able times for the purpose of Superintendent and marked with snow ascertaining that the premises are poles and signs. Except for such des- being maintained and operated in com- ignated detours marked with snow pliance with State and county health poles and signs, only that portion of laws and ordinances and rules and reg- 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 [34 FR 9751, June 24, 1969, as amended at 41 thereto applicable to the establishment 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

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

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

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

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

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

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(3) The fees provided in this para- oped areas which are accessible by a graph also apply to a special emer- designated public automobile road. gency trucking permit issued pursuant (b) Fishing. (1) Fishing restrictions, to § 5.6(b) of this chapter. based on management objectives de- (c) Boats. (1) The operation of motor- scribed in the parks’ Resources Man- boats is prohibited on all waters of the agement Plan, are established annually park. by the Superintendent. (2) All vessels are prohibited on Bear (2) The Superintendent may impose Lake. closures and establish conditions or re- (d) Dogs, cats, and other pets. In addi- strictions, in accordance with the cri- tion to the provisions of § 2.15 of this teria and procedures of §§ 1.5 and 1.7 of chapter, dogs, cats, and other pets on this chapter, on any activity per- leash, crated, or otherwise under phys- taining to fishing including, but not ical restraint are permitted in the park limited to, species of fish that may be only within 100 feet of the edge of es- taken, seasons and hours during which tablished roads or parking areas, and fishing may take place, methods of are permitted within established camp- taking, size, location and elevation, grounds and picnic areas; dogs, cats, and possession limits. and other pets are prohibited in the (3) Soda Springs Creek drainage is backcountry and on established trails. closed to fishing. (e)(1) On what route may I operate a (4) Fishing in closed waters or in vio- snowmobile? Snowmobiles may be oper- lation of a condition or restriction es- ated on the North Supply Access Trail tablished by the Superintendent is pro- solely for the purpose of gaining access hibited. between national forest lands on the (c) Privately owned lands—(1) Water west side of the park and the town of supply, sewage or disposal systems, and Grand Lake. Use of this trail for other building construction or alterations. The purposes is not permitted. This trail provisions of this paragraph apply to will be marked by signs, snow poles or the privately owned lands within Se- other appropriate means. quoia and Kings Canyon National (2) When may I operate a snowmobile Parks. on the North Supply Access Trail? The (i) Facilities. (a) Subject to the provi- Superintendent will determine the sions of paragraph (c)(1)(iii) of this sec- opening and closing dates for use of the tion, no person shall occupy any build- North Supply Access Trail each year, ing or structure, intended for human taking into consideration the location habitation or use, unless such building of wintering wildlife, appropriate snow complies with standards, prescribed by cover, and other factors that may re- State and county laws and regulations late to public safety. The Super- applicable in the county within whose intendent will notify the public of such exterior boundaries such building is lo- dates through one or more of the meth- cated, as to construction, water supply ods listed in § 1.7(a) of this chapter. and sewage disposal systems. Temporary closure of this route will be (b) No person shall construct, rebuild, initiated through the posting of appro- or alter any building, water supply or priate signs and/or barriers. sewage disposal system without the permission of the Superintendent. The [40 FR 14912, Apr. 3, 1975, as amended at 41 FR 49629, Nov. 10, 1976; 43 FR 14308, Apr. 5, Superintendent will give such permis- 1978; 48 FR 30293, June 30, 1983; 49 FR 24893, sion only after receipt of written noti- June 18, 1984; 49 FR 25854, June 25, 1984; 52 FR fication from the appropriate Federal, 10685, Apr. 2, 1987; 52 FR 23304, June 19, 1987; State, or county officer that the plans 54 FR 4020, Jan. 27, 1989; 54 FR 43061, Oct. 20, for such building or system comply 1989; 69 FR 53630, Sept. 2, 2004] with State or county standards. Any person aggrieved by an action of the § 7.8 Sequoia and Kings Canyon Na- Superintendent with respect to any tional Parks. such permit or permit application may (a) Dogs and cats. Dogs and cats are appeal in writing to the Director, Na- prohibited on any park land or trail ex- tional Park Service, U.S. Department cept within one-fourth mile of devel- of the Interior, Washington, D.C. 20240.

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(ii) Inspections. (a) The appropriate (d) Stock Driveways. (1) The present State or county officer, the Super- county road extending from the west intendent, or their authorized rep- boundary of Kings Canyon National resentatives or an officer of the U.S. Park near Redwood Gap to Quail Flat Public Health Service, may inspect any junction of the General’s Highway and building, water supply, or sewage dis- the old road beyond is designated for posal system, from time to time, in the movement of stock and vehicular order to determine whether the build- traffic, without charge, to and from na- ing, water supply, or sewage disposal tional forest lands on either side of the system comply with the State and General Grant Grove section of the county standards: Provided, however, park. Stock must be prevented from That inspection shall be made only straying from the right of way. upon consent of the occupant of the (e) Snowmobiles. (1) The use of snow- premises or pursuant to a warrant. mobiles is allowed on the unplowed 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. (iii) Defective systems. (a) If upon in- [34 FR 9387, June 14, 1969, as amended at 49 spection, any building, water supply or FR 18450, Apr. 30, 1984; 56 FR 41943, Aug. 26, 1991] sewage disposal system is found by the inspecting officer not to be in conform- § 7.9 St. Croix National Scenic Rivers. ance with applicable State and county (a) Snowmobiles. After consideration standards, the Superintendent will of existing special situations, i.e., send to the ostensible owner and/or the depth of snow or thickness of ice, and occupant of such property, by certified depending on local weather conditions, mail, a written notice specifying what the superintendent may allow the use steps must be taken to achieve compli- of snowmobiles on the frozen surface of ance. If after 1 year has elapsed from the Saint Croix River on those sections the mailing of such notice the defi- normally used by motor boats during ciency has not been corrected, such de- other seasons, between the Boomsite ficiency shall constitute a violation of and Highway 243 near Osceola, Wis- this regulation and shall be the basis consin, and Saint Croix Falls to River- for court action for the vacation of the side, Wisconsin, and in those areas premises. where county or other established (b) If upon inspection, any building, snowmobile trails need to cross the water supply or sewage disposal system riverway or riverway lands to connect is found by the inspecting officer not to with other established snowmobile be in conformance with established trails. State and county standards and it is (b) Fishing. Unless otherwise des- found further that there is immediate ignated, fishing in a manner authorized and severe danger to the public health under applicable State law is allowed. and safety or the health and safety of (c) Vessels. (1) Entering by vessel, the occupants or users, the Super- launching a vessel, operating a vessel, intendent shall post appropriate no- or knowingly allowing another person tices at conspicuous places on such to enter, launch or operate a vessel, or premises, and thereafter, no person attempting to do any of these activi- shall occupy or use the premises on ties in park area waters when that ves- which the deficiency or hazard is lo- sel or the trailer or the carrier of that cated until the Superintendent is satis- vessel has been in water infested or fied that remedial measures have been contaminated with aquatic nuisance taken that will assure compliance with species, except as provided in para- established State and county stand- graph (c)(2) of this section is prohib- ards. ited.

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(2) Vessels, trailers or other carriers off-road use is prohibited. The des- of vessels wishing to enter park area ignated routes are defined as follows: waters from aquatic nuisance species (1) All of the paved portion of the contaminated or infested waters may Kolob Terrace Road from the park enter after being inspected and cleaned boundary in the west one-half of Sec. using the technique or process appro- 33, T. 40 S., R. 11 W., Salt Lake Base priate to the nuisance species. and Meridian, north to where this road (d) Placing or dumping, or attempt- leaves the park in the northwest corner ing to place or dump, bait containers, of Sec. 16, T. 40 S., R. 11 W., SLBM. live wells, or other water-holding devises that are or were filled with wa- This paved portion of the Kolob Ter- ters holding or contaminated by aquat- race Road is approximately three and ic nuisance species is prohibited. one-half miles in length. (e) Using a wet suit or associated (2) All of the unplowed, paved por- water use and diving equipment pre- tions of the Kolob Terrace Road from viously used in waters infested with the park boundary, north of Spendlove aquatic nuisance species prior to being Knoll, in Sec. 5, T. 40 S., R. 11 W., inspected and cleaned using a process SLBM, north to where this road leaves appropriate to the nuisance species is the park in the southwest corner of prohibited. Sec. 23, T. 39 S., R. 11 W., SLBM, a dis- (f) For the purpose of this section: tance of approximately five miles. (1) The term aquatic nuisance species (3) The unplowed, graded dirt road means the zebra mussel, purple from the park boundary in the south- loosestrife and Eurasian watermilfoil; east corner of Sec. 13, T. 39 S., R. 11 W., (2) The term vessel means every type SLBM, south to Lava Point Fire Look- or description of craft on the water out in the northwest quarter of Sec. 31, used or capable of being used as a T. 39 S., R. 10 W., SLBM, a distance of means of transportation, including sea- approximately one mile. planes, when on the water, and buoyant devises permitting or capable of free (4) The unplowed, graded dirt road flotation. from the Lava Point Ranger Station, southeast to the West Rim Trailhead [47 FR 55918, Dec. 14, 1982, as amended at 49 and then to a point where this road di- FR 18450, Apr. 30, 1984; 51 FR 8493, Mar. 12, vides and leaves the park, in the south- 1986; 62 FR 33751, June 23, 1997] east corner of Sec. 30, and the north- § 7.10 Zion National Park. east corner of Sec. 31, T. 39 S., R. 10 W., (a) Vehicle convoy requirements. (1) An SLBM, a distance of approximately two operator of a vehicle that exceeds load miles. or size limitations established by the (5) The unplowed, graded dirt road superintendent for the use of park from the Lava Point Ranger Station, roads may not operate such vehicle on north to the park boundary where this a park road without a convoy service road leaves the park, all in the south- provided at the direction of the super- east corner of Sec. 13, T. 39 S., R. 11 W., intendent. SLBM, a distance of approximately (2) A single trip convoy fee of $15 is one-fourth mile. charged by the superintendent for each vehicle or combination of vehicles con- [49 FR 34482, Aug. 31, 1984 as amended at 51 voyed over a park road. Payment of a FR 4736, Feb. 7, 1986] convoy fee by an operator of a vehicle § 7.11 Saguaro National Park. owned by the Federal, State or county government and used on official busi- (a) Bicycles. That portion of the Cac- ness is not required. Failure to pay a tus Forest Trail inside the Cactus For- required convoy fee is prohibited. est Drive is open to non-motorized bi- (b) Snowmobiles. After consideration cycle use. of snow and weather conditions, the su- (b) [Reserved] perintendent may permit the use of snowmobiles on designated routes [68 FR 50077, Aug. 20, 2003] within the park. Snowmobile use is restricted to the established roadway. All

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§ 7.12 Gulf Islands National Seashore. Routes will be marked as follows: (a) Operation of seaplanes and amphib- (A) On beach routes, travel is per- ious aircraft. (1) Aircraft may be oper- mitted only between the water’s edge ated on the waters within the bound- and a line of markers on the landward aries of the Seashore surrounding Ship, side of the beach. Horn and Petit Bois Islands, but ap- (B) On inland routes, travel is per- proaches, landings and take-offs shall mitted only in the lane designated by not be made within 500 feet of beaches. pairs of markers showing the sides of (2) Aircraft may be moored to island the route. beaches, but beaches may not be used (2) Permits. (i) The Superintendent is as runways or taxi strips. authorized to establish a system of spe- (3) Aircraft operating in the vicinity cial recreation permits for oversand ve- of any developed facilities, boat docks, hicles and to establish special recre- floats, piers, ramps or bathing beaches ation permit fees for these permits, will remain 500 feet from such facilities consistent with the conditions and cri- and must be operated with due care teria of 36 CFR part 71. and regard for persons and property (ii) No motor vehicle shall be oper- and in accordance with any posted ated on a designated oversand route signs or uniform waterway markers. without a valid permit issued by the (4) Aircraft are prohibited from land- Superintendent. ing on or taking off from any land sur- (iii) Permits are not transferable to faces; any estuary, lagoon, pond or another motor vehicle or to another tidal flat; or any waters temporarily driver. The driver listed on the permit covering a beach; except when such op- must be present in the vehicle at any erations may be authorized by prior time it is being operated on an permission of the Superintendent. Per- oversand route. Permits are to be dis- mission shall be based on needs for played as directed at the time of emergency service, resource protec- issuance. tion, or resource management. (iv) No permit shall be valid for more (b) Off-road operation of motor vehi- than one year. Permits may be issued cles—(1) Route designations. (i) The oper- for lesser periods, as appropriate for ation of motor vehicles, other than on the time of year at which a permit is established roads and parking areas, is issued or the length of time for which limited to oversand routes designated use is requested. by the Superintendent in accordance (v) For a permit to be issued, a motor with § 4.10(b) of this chapter. Operation vehicle must: of vehicles on these routes will be sub- (A) Be capable of four-wheel drive op- ject to all provisions of parts 2 and 4 of eration. this chapter, as well as the specific pro- (B) Meet the requirements of visions of this paragraph (b). § 4.10(c)(3) of this chapter and conform (ii) Oversand routes may be des- to all applicable State laws regarding ignated by the Superintendent in the licensing, registration, inspection, in- following locations: surance, and required equipment. (A) In the eastern portion of Perdido (C) Contain the following equipment Key, from the easternmost extension of to be carried at all times when the ve- the paved road to the east end of the is- hicle is being operated on an oversand land, excluding the Perdido Key His- route: shovel; tow rope, cable or chain; toric District near the former site of jack; and board or similar support for Fort McRee. the jack. (B) In the westernmost portion of (vi) No permit will be issued for a Santa Rosa Island, from the vicinity of two-wheel drive motor vehicle, a mo- Fort Pickens to the west end of the is- torcycle, an all-terrain vehicle, or any land. vehicle not meeting State require- (iii) Oversand routes designated by ments for on-road use. the Superintendent will be shown on (vii) In addition to any penalty re- maps available at park headquarters quired by § 1.3 of this chapter for a vio- and other park offices. Signs at the en- lation of regulations governing the use trance to each route will designate the of motor vehicles on oversand routes, route as open to motor vehicles. the Superintendent may revoke the

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permit of the person committing the (2) PWC may not be operated at violation or in whose vehicle the viola- greater than flat wake speed in the fol- tion was committed. No person whose lowing locations: permit has been so revoked shall be (i) Within 0.5 mile from the shoreline issued a permit for a period of one year or within 0.5 mile from either side of following revocation. the pier at West Ship Island; (3) Operation of vehicles. (i) No motor (ii) Within 0.5 mile from the shore- vehicle shall be operated in any loca- line on the designated wilderness is- tion off a designated oversand route or lands of Horn and Petit Bois; and on any portion of a route designated as (iii) Within 300 yards from all other closed by the posting of appropriate park shorelines. signs. (3) PWC are allowed to beach at any (ii) No motor vehicle shall be oper- point along the shore except as follows: ated on an oversand route in excess of (i) PWC may not beach in any re- the following speeds: stricted area listed in paragraph (c)(1) of this section; and (A) 15 miles per hour while within 100 (ii) PWC may not beach above the feet of any person not in a motor vehi- mean high tide line on the designated cle. wilderness islands of Horn and Petit (B) 25 miles per hour at all other Bois. times. (4) The Superintendent may tempo- (iii) When two motor vehicles meet rarily limit, restrict or terminate ac- on an oversand route, both drivers cess to the areas designated for PWC shall reduce speed and the driver who use after taking into consideration is traveling south or west shall yield public health and safety, natural and the right of way, if the route is too cultural resource protection, and other narrow for both vehicles. management activities and objectives. (iv) The towing of trailers on oversand routes is prohibited. [41 FR 29120, July 15, 1976, as amended at 46 FR 40875, Aug. 13, 1981; 52 FR 10686, Apr. 2, (4) Information collection. The infor- 1987; 71 FR 26244, May 4, 2006] mation collection requirements contained in § 7.12(b)(2) have been approved § 7.13 Yellowstone National Park. by the Office Management and Budget (a) Commercial Vehicles. (1) Notwith- under 44 U.S.C. 3507 and assigned clear- standing the prohibition of commercial ance number 1024–0017. The information vehicles set forth in § 5.6 of this chap- is being collected to solicit informa- ter, commercial vehicles are allowed to tion necessary for the Superintendent operate on U.S. Highway 191 in accord- to issue ORV permits. This information ance with the provisions of this sec- will be used to grant administrative tion. benefits. The obligation to respond is (2) The transporting on U.S. Highway required to obtain a benefit. 191 of any substance or combination of (c) Personal Watercraft (PWC). (1) substances, including any hazardous PWCs may operate within Gulf Islands substance, hazardous material, or haz- National Seashore except in the fol- ardous waste as defined in 49 CFR 171.8 lowing closed areas: that requires placarding of the trans- (i) The lakes, ponds, lagoons and in- port vehicle in accordance with 49 CFR lets of Cat Island, East Ship Island, 177.823 or any marine pollutant that re- West Ship Island, Horn Island, and quires marking as defined in 49 CFR Petit Bois Island; Subtitle B, is prohibited; provided, (ii) The lagoons of Perdido Key with- however, that the superintendent may in Big Lagoon; issue permits and establish terms and (iii) The areas within 200 feet from conditions for the transportation of the remnants of the old fishing pier hazardous materials on U.S. Highway and within 200 feet from the new fish- 191 in emergencies or when such trans- ing pier at Fort Pickens; and portation is necessary for access to (iv) Within 200 feet of non-motorized lands within or adjacent to the park vessels and people in the water, except area. individuals associated with the use of (3) The operator of a motor vehicle the PWC. transporting any hazardous substance,

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hazardous material, hazardous waste, In certain areas a special permit is re- or marine pollutant in accordance with quired as specified hereinbelow. These a permit issued under this section is permits must be carried within the ves- not relieved in any manner from com- sel at all times when any person is plying with all applicable regulations aboard, and shall be exhibited upon re- in 49 CFR Subtitle B, or with any other quest to any person authorized to en- State or federal laws and regulations force the regulations in this chapter. applicable to the transportation of any (ii) A special permit shall be issued hazardous substance, hazardous mate- by the Superintendent to any holder of rial, hazardous waste, or marine pollut- a general permit who expresses the in- ant. tention to travel into either the South (4) The superintendent may require a Arm or the Southeast Arm ‘‘Five Mile permit and establish terms and condi- Per Hour Zones’’ of Yellowstone Lake, tions for the operation of a commercial as defined in paragraphs (d)(6) (ii) and vehicle on any park road in accordance (iii) of this section, upon the comple- with § 1.6 of this chapter. The super- tion and filing of a form statement in intendent may charge a fee for permits accordance with the provisions of para- in accordance with a fee schedule es- graph (d)(10) of this section. tablished annually. (iii) Neither a general nor special (5) Operating without, or violating a permit shall be issued until the per- term or condition of, a permit issued in mittee has signed a statement certi- accordance with this section is prohib- fying that he is familiar with the speed ited. In addition, violating a term or and all other limitations and require- 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 registered with the Superintendent and (2) Removal of vessels. All privately a permit authorizing the use of said ve- owned vessels, boat trailers, water- hicle in the park is required. This re- borne craft of any kind, buoys, moor- quirement also applies to members of ing floats, and anchorage equipment an employee’s family living in the park will not be permitted in the park prior who own or operate a motor vehicle to May 1 and must be removed by No- within the park. Such permit, issued vember 1. free of charge, may be secured only (3) Restricted landing areas. (i) Prior when the vehicle operator can produce to July 1 of each year, the landing of a valid certificate of registration, and any vessel on the shore of Yellowstone has in his possession a valid operator’s Lake between Trail Creek and license. No motor vehicle may be oper- Beaverdam Creek is prohibited, except ated on park roads unless properly reg- upon written permission of the Super- istered. intendent. (2) The permit is valid only for the (ii) The landing or beaching of any calendar year of issue. Registry must vessel on the shores of Yellowstone be completed and permits secured by Lake (a) within the confines of Bridge April 15 of each year or within one Bay Marina and Lagoon and the con- week after bringing a motor vehicle necting channel with Yellowstone into the park, whichever date is later. Lake; and (b) within the confines of The permit shall be affixed to the vehi- Grant Village Marina and Lagoon and cle as designated by the Super- the connecting channel with Yellow- 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.

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(ii) Vessels are prohibited on park (iii) In the Southeast Arm that por- rivers and streams (as differentiated tion between a line from a monument from lakes and lagoons), except on the on the northwest tip of the peninsula channel between Lewis Lake and Sho- common to the South and Southeast shone Lake, which is open only to Arms which runs generally east to a handpropelled vessels. monument at the mouth of Columbine (5) Lewis Lake motorboat waters. Mo- Creek; and a line from a cairn which torboats are permitted on Lewis Lake. marks the extreme eastern extremity (6) Yellowstone Lake motorboat waters. of Yellowstone Lake, in accordance Motorboats are permitted on Yellow- with the Act of Congress establishing stone Lake except in Flat Mountain Yellowstone National Park; said point Arm as described in paragraph (d)(6)(i) being approximately in latitude of this section and as restricted within 44°19′42.0″ N., at longitude 110°12′06.0″ the South Arm and the Southeast Arm W., Greenwich Meridian, running west- where operation is confined to areas erly to a point on the west shore of the known as ‘‘Five Mile Per Hour Zones’’ Southeast Arm, marked by a monu- which waters are between the lines as ment; said point being approximately described in paragraphs (d)(6) (ii) and in latitude 44°20′03.6″ N., at longitude (iii) of this section in the South Arm 110°16′19.2″ W., Greenwich Meridian. Op- and Southeast Arm, but which specifi- eration of motorboats south of the lat- cally exclude the southernmost 2 miles ter line is prohibited. of both Arms which are open only to (7) Motorboats are prohibited on park hand-propelled vessels. waters except as permitted in para- (i) The following portion of Flat graphs (d) (5) and (6) of this section. Mountain Arm of Yellowstone Lake is (8) Hand-propelled vessel waters. Hand- restricted to hand-propelled vessels: propelled vessels and sail vessels may West of a line beginning at a point operate in park waters except on those marked by a monument located on the waters named in paragraph (d)(4) of south shore of the Flat Mountain Arm this section. and approximately 10,200 feet easterly (9) Five Mile Per Hour Zone motorboat from the southwest tip of the said arm, restrictions. The operation of motor- said point being approximately boats within ‘‘Five Mile Per Hour 44°22′13.2″ N. latitude and 110°25′07.2″ W. Zones’’ is subject to the following re- longitude, then running approximately strictions: 2,800 feet due north to a point marked (i) Class 1 and Class 2 motorboats by a monument located on the north shall proceed no closer than one-quar- shore of the Flat Mountain Arm, said ter mile from the shoreline except to point being approximately 44°22′40″ N. debark or embark passengers, or while latitude and 110°25′07.2″ W. longitude. moored when passengers are ashore. (ii) In the South Arm that portion (ii) [Reserved] between a line from Plover Point run- (10) Permission required to operate mo- ning generally east to a point marked torboats in Five Mile Per Hour Zone. by a monument on the northwest tip of Written authority for motorboats to the peninsula common to the South enter either or both the South Arm or and Southeast Arms; and a line from a the Southeast Arm ‘‘Five Mile Per monument located on the west shore of Hour Zones’’ shall be granted to an op- the South Arm approximately 2 miles erator providing that prior to com- north of the cairn which marks the ex- mencement of such entry the operator treme southern extremity of Yellow- completes and files with the Super- stone Lake in accordance with the Act intendent a form statement showing: of Congress establishing Yellowstone (i) Length, make, and number of mo- National Park; said point being ap- torboat. proximately in latitude 44°18′22.8″ N., at (ii) Type of vessel, such as inboard, longitude 110°20′04.8″ W., Greenwich Me- inboard-outboard, turbojet, and includ- ridian, running due east to a point on ing make and horsepower rating of the east shore of the South Arm motor. marked by a monument. Operation of (iii) Name and address of head of motorboats south of the latter line is party. prohibited. (iv) Number of persons in party.

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(v) Number of nights planned to along the shore of Yellowstone Lake to spend in each ‘‘Five Mile Per Hour the mouth of Little Thumb Creek. Zone.’’ (vii) The Mammoth water supply res- (vi) Place where camping is planned ervoir. within each ‘‘Five Mile Per Hour (4) Fishing in closed waters or vio- Zone,’’ or if applicable, whether party lating a condition or restriction estab- will remain overnight on board. lished by the superintendent is prohib- (11) The disturbance of birds inhabited. iting or nesting on either of the islands (f) Commercial passenger-carrying vehi- designated as ‘‘Molly Islands’’ in the cles. The prohibition against the com- Southeast Arm of Yellowstone Lake is mercial transportation of passengers prohibited; nor shall any vessel ap- by motor vehicles in Yellowstone Na- proach the shoreline of said islands tional Park contained in § 5.4 of this within one-quarter mile. chapter shall be subject to the fol- (12) Boat racing, water pageants, and lowing exception: Motor vehicles oper- spectacular or unsafe types of rec- ated on an infrequent and non- reational use of vessels are prohibited scheduled tour on which the visit to on park waters. the park is an incident to such tour, (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 (2) The intensive public-use season and their connecting channels with for camping shall be the period July 1 Yellowstone Lake. to Labor Day. During this period camp- (vi) The shores of the southern ex- ing by any person, party, or organiza- treme of the West Thumb thermal area tion shall be limited to a total of 14

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days either in a single period or com- Historic snowcoach means a Bom- bined separate periods. bardier snowcoach manufactured in (h) Dogs and cats. Dogs and cats on 1983 or earlier. Any other snowcoach is leash, crated, or otherwise under phys- considered a non-historic snowcoach. ical restraint are permitted in the park Oversnow route means that portion of only within 100 feet of established the unplowed roadway located between roads and parking areas. Dogs and cats the road shoulders and designated by are prohibited on established trails and snow poles or other poles, ropes, fenc- boardwalks. ing, or signs erected to regulate (i) [Reserved] oversnow activity. Oversnow routes in- (j) Travel on trails. Foot travel in all clude pullouts or parking areas that thermal areas and within the Yellow- are groomed or marked similarly to stone Canyon between the Upper Falls roadways and are adjacent to des- and Inspiration Point must be confined ignated oversnow routes. An oversnow to boardwalks or trails that are main- route may also be distinguished by the tained for such travel and are marked interior boundaries of the berm created by official signs. by the packing and grooming of the (k) Portable engines and motors. The unplowed roadway. The only motorized operation of motor-driven chain saws, vehicles permitted on oversnow routes portable motor-driven electric light are oversnow vehicles. plants, portable motor-driven pumps, Oversnow vehicle means a snow- and other implements driven by port- mobile, snowcoach, or other motorized able engines and motors is prohibited vehicle that is intended for travel pri- in the park, except in Mammoth, Can- marily on snow and has been author- yon, Fishing Bridge, Bridge Bay, Grant ized by the Superintendent to operate Village, and Madison Campgrounds, for in the park. An oversnow vehicle that park operation purposes, and for con- does not meet the definition of a struction and maintenance projects au- snowcoach must comply with all re- thorized by the Superintendent. This quirements applicable to snowmobiles. restriction shall not apply to outboard Snowcoach means a self-propelled motors on waters open to mass transit vehicle intended for travel motorboating. on snow, having a curb weight of over (l)(1) What is the scope of this regula- 1,000 pounds (450 kilograms), driven by tion? The regulations contained in a track or tracks and steered by skis or paragraphs (l)(2) through (l)(17) of this tracks, and having a capacity of at section apply to the use of snowcoaches least 8 passengers. A snowcoach has a and recreational snowmobiles. Except maximum size of 102 inches wide, plus where indicated, paragraphs (l)(2) tracks (not to exceed 110 inches over- through (l)(17) do not apply to non-ad- all); a maximum length of 35 feet; and ministrative oversnow vehicle use by a Gross Vehicle Weight Rating (GVWR) NPS, contractor, or concessioner em- not exceeding 25,000 pounds. ployees, or other non-recreational Snowmobile means a self-propelled ve- users authorized by the Super- hicle intended for travel on snow, with intendent. a curb weight of not more than 1,000 (2) What terms do I need to know? The pounds (450 kg), driven by a track or definitions in this paragraph (l)(2) also tracks in contact with the snow, and apply to non-administrative oversnow which may be steered by a ski or skis vehicle use by NPS, contractor, or con- in contact with the snow. cessioner employees, and other non- Snowplane means a self-propelled ve- recreational users authorized by the hicle intended for oversnow travel and Superintendent. driven by an air-displacing propeller. Commercial guide means a guide who (3) May I operate a snowmobile in Yel- operates a snowmobile or snowcoach lowstone National Park? (i) You may op- for a fee or compensation and is au- erate a snowmobile in Yellowstone Na- thorized to operate in the park under a tional Park in compliance with use concession contract. In this section, limits, guiding requirements, operating ‘‘guide’’ also means ‘‘commercial hours and dates, equipment, and oper- guide.’’ ating conditions established under this

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section. The Superintendent may es- mobile model not approved by the Su- tablish additional operating conditions perintendent may not be operated in and must provide notice of those condi- the park. tions in accordance with § 1.7(a) of this (6) How will the Superintendent ap- chapter or in the FEDERAL REGISTER. prove snowmobile makes, models, and (ii) The authority to operate a snow- years of manufacture for use in the park? mobile in Yellowstone National Park (i) Beginning with the 2005 model year, established in paragraph (l)(3)(i) of this all snowmobiles must be certified section is in effect only through the under 40 CFR part 1051, to a Family winter season of 2011–2012. Emission Limit no greater than 15 g/ (4) May I operate a snowcoach in Yel- kW-hr for hydrocarbons and to a Fam- lowstone National Park? (i) Snowcoaches ily Emission Limit no greater than 120 may only be operated in Yellowstone g/kW-hr for carbon monoxide. National Park under a concessions con- (A) 2004 model year snowmobiles may tract. Snowcoach operation is subject use measured emissions levels (official to the conditions stated in the conces- emission results with no deterioration sions contract and all other conditions factors applied) to comply with the identified in this section. emission limits specified in paragraph (ii) All non-historic snowcoaches (l)(6)(i) of this section. must meet NPS air emissions require- (B) The snowmobile test procedures ments, which mean the applicable EPA specified by EPA (40 CFR parts 1051 and emissions standards for the vehicle 1065) must be used to measure air emis- that were in effect at the time it was sions from model year 2004 and later manufactured. snowmobiles. (iii) All critical emission-related ex- (ii) For sound emissions, snowmo- haust components (as listed in 40 CFR biles must operate at or below 73 dBA 86.004–25(b)(3)(iii) through (v)) must be as measured at full throttle according functioning properly. Such critical to Society of Automotive Engineers emissions-related components may J192 test procedures (revised 1985). only be replaced with the original Snowmobiles may be tested at any bar- equipment manufacturer (OEM) com- ometric pressure equal to or above 23.4 ponent, where possible. Where OEM inches Hg uncorrected. The Super- parts are not available, aftermarket intendent may revise these testing pro- parts may be used if they are certified cedures based on new information and/ not to worsen emission and sound char- or updates to the SAE J192 testing pro- acteristics. cedures. (iv) Modifying or disabling a (iii) Snowmobiles meeting the re- snowcoach’s original pollution control quirements for air and sound emissions equipment is prohibited except for may be operated in the park for a pe- maintenance purposes. riod not exceeding 6 years from the (v) Individual snowcoaches may be date upon which first certified. subject to periodic inspections to de- (iv) The Superintendent may prohibit termine compliance with the require- entry into the park of any snowmobile ments of paragraphs (l)(4)(ii) through that has been modified in a manner (l)(4)(iv) of this section. that may adversely affect air or sound (vi) The authority to operate a emissions. snowcoach in Yellowstone National (v) These air and sound emissions re- Park established in paragraph (l)(4)(i) quirements do not apply to snowmo- of this section is in effect only through biles being operated on the Cave Falls the winter season of 2011–2012. Road in Yellowstone. (5) Must I operate a certain model of (7) Where may I operate my snowmobile snowmobile? Only commercially avail- in Yellowstone National Park? (i) You able snowmobiles that meet NPS air may operate your snowmobile only and sound emissions requirements as upon designated oversnow routes estab- set forth in this section may be oper- lished within the park in accordance ated in the park. The Superintendent with § 2.18(c) of this chapter. The fol- will approve snowmobile makes, mod- lowing oversnow routes are designated els, and years of manufacture that for snowmobile use through the winter meet those requirements. Any snow- of 2011–2012:

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(A) The Grand Loop Road from its in paragraphs (l)(7)(i)(A) through junction with Upper Terrace Drive to (l)(7)(i)(O) of this section. The re- Norris Junction. stricted hours of snowmobile use de- (B) Norris Junction to Canyon Junc- scribed in paragraphs (1)(7)(i)(M) tion. through (1)(7)(i)(O) do not apply to (C) The Grand Loop Road from Norris snowcoaches. Snowcoaches may also be Junction to Madison Junction. operated on the following additional (D) The West Entrance Road from the oversnow routes through the winter of park boundary at West Yellowstone to 2011–2012: Madison Junction. (A) Fountain Flat Road. (E) The Grand Loop Road from Madi- (B) The Grand Loop Road from Can- son Junction to West Thumb. yon Junction to Washburn Hot Springs (F) The South Entrance Road from overlook. the South Entrance to West Thumb. (C) For rubber-tracked snowcoaches (G) The Grand Loop Road from West only, the Grand Loop Road from Upper Thumb to its junction with the East Terrace Drive to the junction of the Entrance Road. Grand Loop Road and North Entrance (H) The East Entrance Road from Road, and within the Mammoth Hot Fishing Bridge Junction to the East Springs developed area. Entrance. (ii) The Superintendent may open or (I) The Grand Loop Road from its close these oversnow routes, or por- junction with the East Entrance Road tions thereof, or designate new routes to Canyon Junction. for snowcoach travel after taking into (J) The South Canyon Rim Drive. consideration the location of wintering (K) Lake Butte Road. wildlife, appropriate snow cover, public (L) In the developed areas of Madison safety, and other factors. Notice of Junction, Old Faithful, Grant Village, such opening or closing shall be pro- West Thumb, Lake, Fishing Bridge, vided by one of more of the methods Canyon, Indian Creek, and Norris. listed in § 1.7(a) of this chapter. (M) Firehole Canyon Drive, between noon and 9 p.m. each day. (iii) This paragraph (l)(8) also applies (N) North Canyon Rim Drive, be- to non-administrative snowcoach use tween noon and 9 p.m. each day. by NPS, contractor, or concessioner (O) Riverside Drive, between noon employees, and other non-recreational and 9 p.m. each day. users authorized by the Super- (P) Cave Falls Road. intendent. (ii) The Superintendent may open or (9) Must I travel with a commercial close these routes, or portions thereof, guide while snowmobiling in Yellowstone for snowmobile travel after taking into and what other guiding requirements consideration the location of wintering apply? (i) All recreational snowmobile wildlife, appropriate snow cover, public operators must be accompanied by a safety, avalanche conditions, and other commercial guide. factors. Notice of such opening or clos- (ii) Snowmobile parties must travel ing will be provided by one or more of in a group of no more than 11 snowmo- the methods listed in § 1.7(a) of this biles, including that of the guide. chapter. (iii) Guided parties must travel to- (iii) This paragraph (l)(7) also applies gether within a maximum of one-third to non-administrative over-snow vehi- mile of the first snowmobile in the cle use by NPS, contractor, or conces- group. sioner employees, or other non-rec- (iv) The guiding requirements de- reational users authorized by the Su- scribed in this paragraph (l)(9) do not perintendent. apply to snowmobiles being operated (iv) Maps detailing the designated on the Cave Falls Road. oversnow routes will be available from (10) Are there limits established for the Park Headquarters. number of snowmobiles and snowcoaches (8) What routes are designated for permitted to operate in the park each snowcoach use? (i) Authorized day? The number of snowmobiles and snowcoaches may be operated on the snowcoaches allowed to operate in the routes designated for snowmobile use park each day is limited to a certain

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number per entrance or location. The (A) All oversnow vehicles that stop limits are listed in the following table: on designated routes must pull over to the far right and next to the snow Commercially Commercially Park entrance/location guided guided berm. Pullouts must be used where snowmobiles snowcoaches available and accessible. Oversnow ve- (i) North Entrance * ...... 12 13 hicles may not be stopped in a haz- (ii) West Entrance ...... 160 34 ardous location or where the view (iii) South Entrance ...... 114 13 might be obscured, or operated so slow- (iv) East Entrance ...... 20 2 (v) Old Faithful * ...... 12 16 ly as to interfere with the normal flow (vi) Cave Falls ...... ** 50 0 of traffic. * Commercially guided snowmobile tours originating at the (B) Oversnow vehicle drivers must North Entrance and Old Faithful are currently provided solely possess a valid motor vehicle driver’s by Xanterra Parks and Resorts. Because this concessioner is the sole provider at both of these areas, this regulation allows license. A learner’s permit does not reallocation of snowmobiles between the North Entrance and satisfy this requirement. The license Old Faithful as necessary, so long as the total daily number of snowmobiles originating from the two locations does not ex- must be carried by the driver at all ceed 24. For example, the concessioner could operate 6 times. snowmobiles at Old Faithful and 18 at the North Entrance if visitor demand warranted it. This will allow the concessioner (C) Equipment sleds towed by a snow- to respond to changing visitor demand for commercially guided snowmobile tours, thus enhancing the availability of visitor mobile must be pulled behind the snow- services in Yellowstone. mobile and fastened to the snowmobile ** These snowmobiles operate on an approximately 1-mile segment of road within the park where the use is incidental to with a rigid hitching mechanism. other snowmobiling activities in the Caribou-Targhee National (D) Snowmobiles must be properly Forest. These snowmobiles do not need to be guided or to meet NPS air and sound emissions requirements. registered and display a valid registration from a state or province in the (11) When may I operate my snowmobile United States or Canada, respectively. or snowcoach? The Superintendent will (iii) The Superintendent may impose determine operating hours and dates. other terms and conditions as nec- Except for emergency situations, any essary to protect park resources, visi- changes to operating hours will be tors, or employees. The public will be made on an annual basis, and the pub- notified of any changes through one or lic will be notified of those changes through one or more of the methods more methods listed in § 1.7(a) of this listed in § 1.7(a) of this chapter. chapter. (12) What other conditions apply to the (iv) This paragraph (l)(12) also applies operation of oversnow vehicles? (i) The to non-administrative over-snow vehi- following are prohibited: cle use by NPS, contractor, or conces- (A) Idling an oversnow vehicle for sioner employees, or other non-rec- more than 5 minutes at any one time. reational users authorized by the Su- (B) Driving an oversnow vehicle perintendent. while the driver’s motor vehicle license (13) What conditions apply to alcohol or privilege is suspended or revoked. use while operating an oversnow vehicle? (C) Allowing or permitting an unli- In addition to 36 CFR 4.23, the fol- censed driver to operate an oversnow lowing conditions apply: vehicle. (i) Operating or being in actual phys- (D) Driving an oversnow vehicle in ical control of an oversnow vehicle is willful or wanton disregard for the prohibited when the driver is under 21 safety of persons, property, or park re- years of age and the alcohol concentra- sources or otherwise in a reckless man- tion in the driver’s blood or breath is ner. 0.02 grams or more of alcohol per 100 (E) Operating an oversnow vehicle milliliters of blood or 0.02 grams or without a lighted white headlamp and more of alcohol per 210 liters of breath. red taillight. (ii) Operating or being in actual (F) Operating an oversnow vehicle physical control of an oversnow vehicle that does not have brakes in good is prohibited when the driver is a snow- working order. mobile guide or a snowcoach driver and (G) The towing of persons on skis, the alcohol concentration in the opera- sleds, or other sliding devices by tor’s blood or breath is 0.04 grams or oversnow vehicles, except in emer- more of alcohol per 100 milliliters of gency situations. blood or 0.04 grams or more of alcohol (ii) The following are required: per 210 liters of breath.

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(iii) This paragraph (1)(13) also ap- EDITORIAL NOTE: For FEDERAL REGISTER ci- plies to non-administrative over-snow tations affecting § 7.13, see the List of CFR vehicle use by NPS, contractor, or con- Sections Affected, which appears in the cessioner employees, or other non-rec- Finding Aids section of the printed volume and at www.fdsys.gov. reational users authorized by the Su- perintendent. § 7.14 Great Smoky Mountains Na- (14) Do other NPS regulations apply to tional Park. the use of oversnow vehicles? (i) The use of oversnow vehicles in Yellowstone is (a) Fishing—(1) License. A person fish- subject to §§ 2.18(a) and (c), but not sub- ing within the park must have in pos- ject to §§ 2.18 (b), (d), (e), and 2.19(b) of session the proper State fishing license this chapter. issued by either Tennessee or North (ii) This paragraph (l)(14) also applies Carolina. A holder of a valid resident to non-administrative over-snow vehi- or nonresident license issued by either cle use by NPS, contractor, or conces- State may fish throughout the park ir- sioner employees, or other non-rec- respective of State boundaries, except reational users authorized by the Su- in Closed and Excluded Waters. perintendent. (2) Closed and Excluded Waters. All (15) Are there any forms of non-motor- waters of Mingus Creek, Lands Creek, ized oversnow transportation allowed in Chestnut Branch and that portion of the park? (i) Non-motorized travel con- LeConte Creek as posted through the sisting of skiing, skating, snowshoeing, park residential area of Twin Creeks, or walking is permitted unless other- are closed to and excluded from fish- wise restricted under this section or ing. other NPS regulations. (3) Open Waters. (i) All of the waters (ii) The Superintendent may des- of the Oconaluftee River downstream ignate areas of the park as closed, re- from where it joins with Raven Fork to open such areas, or establish terms and the park boundary and that portion of conditions for non-motorized travel Raven Fork from its junction with the within the park in order to protect Oconaluftee River upstream and paral- visitors, employees, or park resources. leling the Big Cove Road to the park Notice will be made in accordance with boundary are open to fishing in accord- § 1.7(a) of this chapter. ance with the Cherokee Fish and Game (iii) Dog sledding and ski-joring are Management regulations. prohibited. (ii) All other park waters are open to (iv) Bicycles are prohibited on fishing in accordance with National oversnow routes in Yellowstone. Park Service regulations. (16) May I operate a snowplane in Yel- (4) Season. Open all year for rainbow lowstone National Park? The operation and brown trout, smallmouth bass, and of a snowplane in Yellowstone is pro- redeye (rockbass). All other fish are hibited. protected and may not be taken by any (17) Is violating any of the provisions of means. this section prohibited? (i) Violating any (5) Time. Fishing is permitted from of the terms, conditions or require- sunrise to sunset only. ments of paragraphs (l)(1) through (6) Fish and equipment and bait. Fish- (l)(16) of this section is prohibited. ing is permitted only by use of one (ii) Anyone who violates any of the handheld rod and line. terms, conditions or requirements of (i) Only artificial flies or lures hav- this regulation will be considered to ing one single hook may be used. have committed one separate offense (ii) The use or possession of any form for each term, condition or require- of fish bait other than artificial flies or ment that they violate. lures on any park stream while in pos- (m) Swimming. The swimming or session of fishing tackle is prohibited. bathing in a natural, historical, or ar- (7) Size limits. All trout or bass caught cheological thermal pool or stream less than the legal length shall be im- that has waters originating entirely mediately returned unharmed to the from a thermal spring or pool is pro- water from which taken. hibited. (i) No trout or bass less than 7″ in [36 FR 12014, June 24, 1971] length may be retained.

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(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- traveling together may camp without a ber of trout, bass or redeye (rockbass) 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. paved roads and trail shelters. The Su- (b) Powerless flight. The use of devices perintendent may designate areas designed to carry persons through the where backcountry camping is prohib- air in powerless flight is allowed at ited if there would be potential damage times and locations designated by the to park resources or disruption to superintendent, pursuant to the terms other park uses. Such areas will be and conditions of a permit. marked on maps available in the Su- (c) Sanitation. (1) The possession of perintendent’s office, visitor centers food or beverage in discardable glass and ranger stations. A person or group containers is prohibited in the of persons may camp overnight at any backcountry.

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

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

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

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

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the superintendent. An annual reg- (2) Definition—Alcoholic beverages. istration fee of $6 will be charged for Any liquid beverage containing 1⁄2 of 1 vehicles registered with the super- percent or more of alcohol by weight. intendent which are not connected [47 FR 24299, June 4, 1982] with the operation of the park. (m) Trucking. (1) The fees for special § 7.18 Hot Springs National Park. trucking permits issued in emergencies (a) Commercial Vehicles. Permits shall pursuant to paragraph (b) of § 5.6 of this be required for the operation of com- chapter shall be based on the licensed mercial passenger-carrying vehicles, capacity of trucks, trailers, or including taxicabs, carrying passengers semitrailers, as follows: for hire over park roads for sightseeing Trucks, less than 1 ton. purposes. The fees for such permits Trucks of 1 ton and over, but not to exceed shall be as follows: 10 tons. (1) Fleet operator; equipment that in- Appropriate automobile permit fee. $5 for cludes any combination of commercial each ton or fraction thereof. passenger-carrying vehicles, including (i) The fee charged is for one round taxicabs. Calendar-year permit—$25. trip between any two park entrances (2) Bus operator; equipment limited provided such trip is made within one to a single bus-type vehicle with pas- 24-hour period; otherwise the fee is for senger-carrying seat capacity in excess a one-way trip. of eight persons. Calendar-year permit—$20. (ii) Trucks carrying bona fide park (3) Taxicab operator; equipment lim- visitors and/or their luggage or camp- ited to a single vehicle with a capacity ing equipment may enter the park of not over eight passenger-carrying upon payment of the regular recreation seats. Calendar-year permit—$12. fees. (4) The fees for permits issued for (2) The fee provided in paragraph commercial passenger-carrying vehicle (m)(1) of this section also shall apply to operations starting on or after July 1 permits which the superintendent may of each calendar year will be one-half issue for trucking through one park en- of the respective rates mentioned in trance to and from privately owned paragraphs (a)(1), (2), and (3) of this lands contiguous to the park bound- section. aries, except that such fee shall be con- (b) Use of water. The taking or car- sidered an annual vehicle fee covering rying away of water, hot or cold, from the use of park roads between the point any of the springs, fountains, or other of access to such property and the sources of supply in Hot Springs Na- nearest park exit connecting with a tional Park for the purpose of sale, or State or county road. for any use other than personal drink- [24 FR 11042, Dec. 30, 1959] ing, is prohibited.

EDITORIAL NOTE: For FEDERAL REGISTER ci- [24 FR 11042, Dec. 30, 1959, as amended at 32 tations affecting § 7.16, see the List of CFR FR 15710, Nov. 15, 1967; 48 FR 30294, June 30, Sections Affected, which appears in the 1983] Finding Aids section of the printed volume and at www.fdsys.gov. § 7.19 Canyon de Chelly National Monument. § 7.17 Cuyahoga Valley National Recre- (a) Visitors are prohibited from en- ation Area. tering the canyons of Canyon de Chelly (a) Alcoholic beverages—(1) Possession. National Monument unless accom- The possession or consumption of a panied by National Park Service em- bottle, can, or other receptacle con- ployees or by authorized guides: Pro- taining an alcoholic beverage which vided, however, That the Super- has been opened, a seal broken, or the intendent may designate, by marking contents of which have been partially on a map which shall be available for removed is prohibited, except in resi- public inspection in the Office of the dences or other areas specifically au- Superintendent and at other conven- thorized by the superintendent as to ient locations within the monument, time and place. canyons or portions thereof which may

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be visited or entered without being so ciled on the island and who, in addi- accompanied. tion, physically reside in their fixed (b) The Superintendent may issue and permanent homes on the island permits to properly qualified persons continuously, except for brief and occa- to act as guides for the purpose of ac- sional absences, for 12 months of the companying visitors within the can- year. yons. (ix) ‘‘Part-time residents’’ means [32 FR 13129, Sept. 15, 1967] those persons who physically and continuously reside in their homes on the § 7.20 Fire Island National Seashore. Island for less than 12 months of the (a) Operation of motor vehicles—(1) year. Definitions. The following definitions (x) ‘‘Essential service vehicle’’ means shall apply to all provisions of this any motor vehicle other than a public paragraph (a): utility vehicle whose use on the Island (i) ‘‘Act’’ means the Act of Sep- is essential to the continued use of tember 11, 1964 (Pub. L. 88–587, 78 Stat. residences on the Island. This may in- 928, 16 U.S.C. 459e et seq.), or as the clude vehicles used for the following same may be amended or supple- purposes, while in use for such pur- mented, which authorizes the estab- poses: lishment of the Seashore. (A) Transporting heating fuel and (ii) ‘‘Seashore lands’’ means any bottled gas. lands or interests in lands owned or (B) Sanitation or refuse removal. hereafter acquired by the United (xi) ‘‘Official vehicle’’ means any States within the authorized bound- motor vehicle operated and owned or aries of the Seashore. It shall also leased by a Federal, State, or local gov- mean any lands or interests in lands ernmental agency, except for law en- owned by the United States which are forcement vehicles and fire fighting ap- on the island, outside the authorized paratus, while that vehicle is being boundaries of the Seashore, and man- used to transact the official business of aged for recreational purposes by the that agency. National Park Service pursuant to an agreement with another Federal agen- (xii) ‘‘Construction and business ve- cy. hicle’’ means any motor vehicle other (iii) ‘‘Island’’ means the entirety of than a public utility vehicle or essen- Fire Island, New York; without regard tial service vehicle involved in con- for property ownership, jurisdiction, or struction, maintenance, or repair of the boundaries of Fire Island National structures on the Island or the trans- Seashore. portation of materials or supplies to (iv) ‘‘Mainland’’ means the land of retail business establishments on the Long Island, N.Y. Island. (v) ‘‘Motor vehicle’’ means a device (2) Routes for motor vehicle travel. No which is self-propelled by internal com- motor vehicle may be operated on Sea- bustion or electrical energy and in, shore lands except on routes designated upon, or by which any person or mate- for that purpose and subject to the lim- rial is or may be transported on land. itations of this paragraph (a). The fol- (vi) ‘‘Dune crossing’’ means an access lowing are the routes for off-road route over a primary dune which has motor vehicle travel on Seashore lands, been designated and appropriately which shall be designated on a map posted. available at the office of the Super- (vii) ‘‘Public utility vehicle’’ means intendent or by the posting of signs any motor vehicle operated and owned where appropriate: or leased by a public utility or public (i) Along the Atlantic Ocean on the service company franchised or licensed south shore of Fire Island, within the to supply, on the island, electricity, Seashore boundaries between the wa- water, or telephone service, while that ter’s edge and 20 feet seaward of the vehicle is in use for supplying such beach grass (Ammophila breviligata) service. line. If the water is higher than this 20- (viii) ‘‘Year-round residents’’ means foot line, no vehicle travel is per- those persons who are legally domi- mitted.

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(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 the minimum feasible impact on Sea- (iv) Those persons who desire access shore lands. As used in this paragraph by motor vehicle to Seashore lands in (a), the term ‘‘alternative transpor- order to engage in fishing or hunting tation’’ shall mean a waterborne con- thereon, provided such access is com- veyance that is licensed for hire and patible with conservation and preserva- that provides a reasonable means of tion of Seashore resources. transportation between the mainland (v) Those owners of estates in real and the island. Such alternative trans- property located on the Island who portation shall be deemed to exist for have a demonstrated need for tem- each particular factual situation in porary access to that property on days which: when there is no alternative transpor- (i) The schedule of the transportation tation. service in question permits departure (vi) Holders of reserved rights of use from an island terminal before 9 a.m. and occupancy. and departure from a mainland ter- (6) Standards for issuance of permits. minal after 5 p.m. on the same day; and Permits will not be issued for the con- (ii) When the interval between the venience of travel on Seashore lands. earliest and latest service provided by The Superintendent shall approve an the transportation service in question application for a motor vehicle permit on any day exceeds 8 hours, such serv- with appropriate limitations and re- ice provides at least one round trip be- strictions or deny the application, in tween the mainland and the island dur- accordance with the provisions of this ing that interval; and paragraph (a). Permits will be issued (iii) The island transportation ter- only for those motor vehicles whose minal in question is no more than one travel on Seashore lands is deemed by mile from the point of origin or des- the Superintendent to be essential to tination on the island or from a point the management or enjoyment of Sea- on the island to which access by motor shore resources, or to the occupancy of vehicle is permitted; and residences or the ownership of real (iv) The mode of transportation in property on the island. In making this question is adequate to carry the per- determination, the Superintendent son or object to be transported. shall consider the purposes of the Act (4) Permit required. No motor vehicle, in providing for the conservation and other than a piece of firefighting appa- preservation of the natural resources of ratus or a motor vehicle operated and the Seashore and for the enjoyment of owned or leased by a duly constituted these resources by the public; the scope

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and purpose of such travel; the avail- wildlife, vegetation, noise, and man- ability of alternative transportation on agement capabilities. A revision of the day or days when the applicant for these limitations shall be published as a permit requests to travel on Seashore a rule in the FEDERAL REGISTER except lands; the present or past issuance of in emergency situations when closures other permits to the applicant; any may be imposed in accordance with the limitations on numbers of permits es- provisions of § 1.5 and § 1.7 of this chap- tablished pursuant to paragraph (a)(8); ter. and, in the case of public utility, serv- (ii) Limitations on permits for motor ice, and official vehicles, the feasibility vehicle travel on Seashore lands, ac- of basing such vehicles and related cording to eligible applicant category, equipment on the island rather than are as follows: the mainland. (A) Year-round residents. No more (7) Vehicle restrictions. Any motor ve- than 145 permits at any time are issued hicle whose owner or operator has been to year-round residents. A year-round found to qualify for a permit, according resident who is denied a permit because to the standards set forth in para- the limit has been reached is placed on graphs (a) (5) and (6), must, prior to the a waiting list. When the number of out- issuance of such permit: standing permits drops below 145, per- (i) Have a valid permit or other au- mits are issued in order of the date of thorization for operation on the island receipt of the application. When mul- issued by the local government agency tiple applications are received on the or agencies within whose jurisdiction same day, priority is given to persons the travel is to be performed, if such both living and working full time on permission or authorization is required the Island. One year-round resident by such agency or agencies. permit is allowed per household. Per- (ii) Be capable of four-wheel drive op- mit applications are mailed by the Su- eration. perintendent by December 1 of each (iii) Have a rated gross vehicle year to those year-round residents eli- weight not in excess of 10,000 pounds, gible to renew their permit. The dead- unless the use of a larger vehicle will line for receipt of completed applica- result in a reduction of overall motor tions is January 31 of the permit year. vehicle travel. Applications received after January 31 (iv) Meet the requirements of are not considered as renewals of exist- § 4.10(c)(3) of this chapter and conform ing permits. Should the 145 limit be to all applicable State laws regarding reached, late applications are placed at licensing, registration, inspection, in- the end of the waiting list. surance, and required equipment. (B) Part-time residents. Permits are (8) Limitations on number of permits. (i) issued only to part-time residents who The Superintendent may limit the held a residential permit as of January total number of permits for motor ve- 1, 1978. No more than 100 part-time hicle travel on Seashore lands, and/or resident permits are issued. A part- limit the number of permits issued for time resident who becomes a year- each category of eligible applicants round resident is eligible to apply for a listed in paragraph (a)(5) of this section year-round resident permit in accord- as the Superintendent deems necessary ance with paragraph (a)(8)(ii)(A) of this for resource protection, public safety, section. A year-round resident permit or visitor enjoyment. In establishing or holder as of January 1, 1978, who no revising such limits, the Super- longer qualifies as a year-round resi- intendent shall consider such factors as dent, may be eligible to obtain a part- the type of use or purpose for which time resident permit as long as the 100 travel is authorized, the availability of limit is not exceeded and the part-time other means of transportation, limits resident definition is satisfied. established by local jurisdictions, his- (C) Holders of reserved rights of use and toric patterns of use, conflicts with occupancy. A holder of a reserved right other users, existing multiple permits of use and occupancy, or a lessee there- held by individuals or a household, aes- of, occupying a property acquired by thetic and scenic values, visitor uses, the National Park Service in the eight- safety, soil, weather, erosion, terrain, mile area described in the Act, is

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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). fied in the Act is eligible for a permit (10) Authorized travel. (i) Except as if such employment necessitates year- specifically provided elsewhere in this round Island residence. Five (5) munic- paragraph (a)(10), travel across Sea- ipal employee permits are available for shore lands by motor vehicles with each village or community except on valid permits will be authorized only the basis of documented community on those days in which the island loca- need. tion, which is the point of origin or (G) Recreational vehicles. Recreational destination of travel or is another vehicles may travel between Smith point to which access by motor vehicle Point and Long Cove along the route is permitted, is not served by alter- described in paragraph (a)(2)(i) of this native transportation.

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When alternative transportation serv- mines travel by such vehicles is essen- ices satisfy the definition of alter- tial, notwithstanding the above limita- native transportation in paragraph 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 before Memorial Day, a year-round resi- the posting of appropriate signs or dent may make no more than two verbal order of the Superintendent. round trips per day for residential pur- (ix) In accordance with the proce- poses. dures set forth in § 1.5 of this chapter, (B) The Seashore is closed to all rec- the Superintendent may establish a reational vehicles from January 1 limit on the number of motor vehicles through March 31 and from June 14 permitted on any portion of, or the en- through September 14. During the peri- tirety of, the Seashore lands at any one ods when the Seashore is open for rec- time when such limits are required in reational vehicle traffic, an operator of the interests of public safety, protec- a recreational vehicle may make no tion of the resources of the area, or co- more than two round trips per day. On ordination with other visitor uses. weekend days in September and Octo- (x) The provisions of this paragraph ber, a recreational vehicle may enter (a)(10) shall not apply to firefighting the Island until 9:00 a.m. A rec- apparatus or to motor vehicles oper- reational vehicle that has entered the ated and owned or leased by a duly con- Island may then remain or may depart stituted law enforcement agency hav- but may not re-enter the Island until ing jurisdiction within the Seashore. after 6:00 p.m. (11) Rules of travel. (i) When two (iv) The Superintendent may, for sit- motor vehicles approach from opposite uations where the restrictions in para- directions in the same track on Sea- graph (a)(10)(ii) would create a severe shore lands, both operators shall re- hardship, authorize additional trips or duce speed and the operator with the travel at other hours. water to his left shall yield the right of (v) In the case of public utility, serv- way by turning out of the track to the ice, and official vehicles for which per- right. mits have been issued, the Super- (ii) No motor vehicle shall be oper- intendent may authorize travel on Sea- ated on any portion of a dune on Sea- shore lands at any time that he deter- shore lands except at dune crossings.

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(iii) No person shall operate a motor (v) Water Island—located at approxi- vehicle on Seashore lands at a speed in mate longitude 73° 02′ and approximate excess of 20 miles per hour. latitude 40° 401⁄2′. (iv) The speed of any motor vehicle (vi) Davis Park—located at approxi- being operated on Seashore lands shall mate longitude 73° 001⁄2′ and approxi- be reduced to five miles per hour upon mate latitude 40° 41′. approaching or passing within 100 feet (4) Aircraft operation in the vicinity of any person not in a motor vehicle, or of marinas, boats, boat docks, floats, when passing through or over any dune piers, ramps, bird nesting areas, or crossings. bathing beaches must be performed (12) Violations. (i) Failure to comply with due caution and regard for per- with the conditions of any permit sons and property and in accordance issued pursuant to this paragraph will with any posted signs or uniform wa- constitute a violation of these regula- terway markers. tions. (5) Aircraft are prohibited from land- (ii) In addition to any penalty re- ing or taking off from any land sur- quired by § 1.3(a) of this chapter for a faces, any estuary, lagoon, marsh, violation of regulations in this para- pond, tidal flat, paved surface, or any graph, the Superintendent may sus- waters temporarily covering a beach; pend or revoke the permit of a motor except with prior authorization of the vehicle involved in such a violation. Superintendent. Permission shall be (b) Operation of Seaplane and Amphib- based on the need for emergency serv- ious Aircraft. (1) Aircraft may be oper- ice, resource protection, resource man- ated on the waters of the Great South agement or law enforcement. Bay and the Atlantic Ocean within the (6) Aircraft operations shall comply boundaries of Fire Island National Sea- with all Federal, State and county or- shore, except as restricted in § 2.17 of dinances and rules for operations as this chapter and by the provisions of may be indicated in available naviga- paragraph (b)(2) of this section. tion charts or other aids to aviation (2) Except as provided in paragraph which are available for the Fire Island (b)(3) of this section, the waters of the area. Great South Bay and the Atlantic (c) Information collection. The infor- Ocean within the boundaries of Fire Is- mation collection requirements con- land National Seashore are closed to tained in this section have been ap- take-offs, landings, beachings, approved by the Office of Management proaches or other aircraft operations and Budget under 44 U.S.C. 3501 et seq. at the following locations: and assigned clearance number 1024– (i) Within 1000 feet of any shoreline, 0026. This information is being col- including islands. lected in order for the superintendent (ii) Within 1000 feet of lands within to issue permits and grant administra- the boundaries of the incorporated vil- tive benefits. The obligation to respond lages of Ocean Beach and Saltaire and is required in order to obtain a benefit. the village of Seaview. (d) Personal watercraft. (1) Personal (3) Aircraft may taxi on routes per- watercraft (PWC) may operate in the pendicular to the shoreline to and from following locations and under the fol- docking facilities at the following loca- lowing conditions: tions: (i) Great South Bay from the western (i) Kismet—located at approximate boundary of the national seashore adja- longitude 73° 121⁄2′ and approximate cent to Robert Moses State Park, east latitude 40° 381⁄2′. to the western boundary of the Sunken (ii) Lonelyville—located at approxi- Forest, excluding any area within 1,000 mate longitude 73° 11′ and approximate feet of the shoreline, except as pro- latitude 40° 381⁄2′. vided in (ii), including the area sur- (iii) Atlantique—located at approxi- rounding East Fire Island and West mate longitude 73° 101⁄2′ and approxi- Fire Island. mate latitude 40° 381⁄2′. (ii) Navigation channels marked by (iv) Fire Island Pines—located at ap- buoys or identified on the NOAA navi- proximate longitude 73° 041⁄2′ and ap- gational chart (12352) to include access proximate latitude 40° 40′. channels to and from Fair Harbor,

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Dunewood, Lonelyville, Atlantique, the road shoulders and designated by Cherry Grove, Fire Island Pines, Davis snow poles or other poles, ropes, fenc- Park, Moriches Inlet, Kismet, Saltaire, ing, or signs erected to regulate Ocean Beach, Ocean Bay Park, Point oversnow activity. Oversnow routes in- O’Woods, Oakleyville, and Water Is- clude pullouts or parking areas that land. are groomed or marked similarly to (iii) The Long Island Intracoastal roadways and are adjacent to des- Waterway within the park boundaries. ignated oversnow routes. An oversnow (iv) At ‘‘flat wake’’ speeds (maximum route may also be distinguished by the 6 mph) within designated marked chan- interior boundaries of the berm created nels to access town/community docks by the packing and grooming of the and harbors/marinas. unplowed roadway. The only motorized (2) The Superintendent may tempo- vehicles permitted on oversnow routes rarily limit, restrict or terminate ac- are oversnow vehicles. cess to the areas designated for PWC Oversnow vehicle means a snow- use after taking into consideration public health and safety, natural and mobile, snowcoach, or other motorized cultural resource protection, and other vehicle that is intended for travel pri- management activities and objectives. marily on snow and has been authorized by the Superintendent to operate [42 FR 62483, Dec. 13, 1977, as amended at 44 in the park. An oversnow vehicle that FR 44493, July 30, 1979; 47 FR 11011, Mar. 15, does not meet the definition of a 1982; 50 FR 24511, June 11, 1985; 52 FR 7376, 7377, Mar. 10, 1987; 52 FR 10686, Apr. 2, 1987; 70 snowcoach must comply with all re- FR 38767, July 6, 2005] quirements applicable to snowmobiles. Snowcoach means a self-propelled § 7.21 John D. Rockefeller, Jr. Memo- mass transit vehicle intended for travel rial Parkway. on snow, having a curb weight of over (a)(1) What is the scope of this section? 1,000 pounds (450 kilograms), driven by The regulations contained in para- a track or tracks and steered by skis or graphs (a)(2) through (a)(17) of this sec- tracks, and having a capacity of at tion apply to the use of snowcoaches least 8 passengers. A snowcoach has a and recreational snowmobiles. Except maximum size of 102 inches wide, plus where indicated, paragraphs (a)(2) tracks (not to exceed 110 inches over- through (a)(15) do not apply to non-ad- all); a maximum length of 35 feet; and ministrative oversnow vehicle use by a Gross Vehicle Weight Rating (GVWR) NPS, contractor, or concessioner em- not exceeding 25,000 pounds. ployees, or other non-recreational Snowmobile means a self-propelled ve- users authorized by the Super- hicle intended for travel on snow, with intendent. a curb weight of not more than 1,000 (2) What terms do I need to know? The pounds (450 kg), driven by a track or definitions in this paragraph (a)(2) also tracks in contact with the snow, and apply to non-administrative oversnow which may be steered by a ski or skis vehicle use by NPS, contractor, or con- in contact with the snow. cessioner employees, and other non- recreational users authorized by the Snowplane means a self-propelled ve- Superintendent. hicle intended for oversnow travel and Commercial guide means a guide who driven by an air-displacing propeller. operates a snowmobile or snowcoach (3) May I operate a snowmobile in the for a fee or compensation and is au- Parkway? You may operate a snow- thorized to operate in the park under a mobile in the Parkway in compliance concession contract. In this section, with use limits, guiding requirements, ‘‘guide’’ also means ‘‘commercial operating hours and dates, equipment, guide.’’ and operating conditions established Historic snowcoach means a Bom- under this section. The Superintendent bardier snowcoach manufactured in may establish additional operating 1983 or earlier. Any other snowcoach is conditions and will provide notice of considered a non-historic snowcoach. those conditions in accordance with Oversnow route means that portion of § 1.7(a) of this chapter or in the FED- the unplowed roadway located between ERAL REGISTER.

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(4) May I operate a snowcoach in the consideration the location of wintering Parkway? Snowcoaches may only be op- wildlife, appropriate snow cover, public erated in the Parkway under a conces- safety, and other factors. The Super- sions contract. Snowcoach operation is intendent will provide notice of such subject to the conditions stated in the opening or closing by one or more of concessions contract and all other con- the methods listed in § 1.7(a) of this ditions identified in this section. chapter. (5) Where may I operate my snowmobile (iii) The routes described in para- in the Parkway? (i) You may operate graph (a)(6)(i) of this section are sub- your snowmobile only upon designated ject to the air and sound emissions re- oversnow routes established within the quirements and daily entry limits in Parkway in accordance with § 2.18(c) of § 7.13(l) of this part. this chapter. The following oversnow (iv) This paragraph (a)(6) also applies routes are so designated for snow- to non-administrative snowcoach use mobile use: by NPS, contractor, or concessioner (A) On U.S. Highway 89/191/287 from employees, or other non-recreational Flagg Ranch to the northern boundary users authorized by the Super- of the Parkway. intendent. (B) Grassy Lake Road from Flagg (7) Must I travel with a commercial Ranch to the western boundary of the guide while snowmobiling in the Park- Parkway. way? Except as may be required under (C) Flagg Ranch developed area. paragraph (a)(5)(iii) of this section, you (ii) The Superintendent may open or are not required to use a guide while close these routes, or portions thereof, snowmobiling in the Parkway. for snowmobile travel after taking into (8) Are there limits established for the consideration the location of wintering numbers of snowmobiles and snowcoaches wildlife, appropriate snow cover, public permitted to operate in the Parkway each safety, and other factors. The Super- day? (i) A limit of 25 snowmobiles per intendent will provide notice of such day applies to the Grassy Lake Road. opening or closing by one or more of (ii) The daily entry limits for snow- the methods listed in § 1.7(a) of this mobiles and snowcoaches on the route chapter. from Flagg Ranch to the South En- (iii) The route described in paragraph trance of Yellowstone are established (a)(5)(i)(A) of this section is subject to in § 7.13(l) of this part. the air and sound emissions requirements, guiding requirements, and daily (9) When may I operate my snowmobile entry limits described in § 7.13(l) of this or snowcoach? The Superintendent will part. determine operating hours and dates. (iv) This paragraph (a)(5) also applies Except for emergency situations, any to non-administrative oversnow vehi- changes to operating hours will be cle use by NPS, contractor, or conces- made on an annual basis and the public sioner employees, or other non-rec- will be notified of those changes reational users authorized by the Su- through one or more of the methods perintendent. listed in § 1.7(a) of this chapter. (v) Maps detailing the designated (10) What other conditions apply to the oversnow routes will be available from operation of oversnow vehicles? (i) The Park Headquarters. following are prohibited: (6) What routes are designated for (A) Idling an oversnow vehicle more snowcoach use? (i) Authorized than 5 minutes at any one time. snowcoaches may only be operated on (B) Driving an oversnow vehicle the routes designated for snowmobile while the operator’s motor vehicle li- use in paragraphs (a)(6)(i)(A) and (C) of cense or privilege is suspended or re- this section. No other routes are open voked. to snowcoach use, except as provided in (C) Allowing or permitting an unli- (a)(6)(ii) of this section. censed driver to operate an oversnow (ii) The Superintendent may open or vehicle. close these oversnow routes, or por- (D) Driving an oversnow vehicle in tions thereof, or designate new routes willful or wanton disregard for the for snowcoach travel after taking into safety of persons, property, or parkway

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resources or otherwise in a reckless milliliters of blood or 0.02 grams or manner. more of alcohol per 210 liters of breath. (E) Operating an oversnow vehicle (ii) Operating or being in actual without a lighted white headlamp and physical control of an oversnow vehicle red taillight. is prohibited when the driver is a snow- (F) Operating an oversnow vehicle mobile guide or a snowcoach driver and that does not have brakes in good the alcohol concentration in the opera- working order. tor’s blood or breath is 0.04 grams or (G) Towing persons on skis, sleds or more of alcohol per 100 milliliters of other sliding devices by oversnow vehi- blood or 0.04 grams or more of alcohol cles, except in emergency situations. per 210 liters of breath. (ii) The following are required: (iii) This paragraph (a)(11) also ap- (A) All oversnow vehicles that stop plies to non-administrative oversnow on designated routes must pull over to vehicle use by NPS, contractor, or con- the far right and next to the snow cessioner employees, or other non-rec- berm. Pullouts must be used where reational users authorized by the Su- available and accessible. Oversnow ve- perintendent. hicles may not be stopped in a haz- (12) Do other NPS regulations apply to ardous location or where the view the use of oversnow vehicles? (i) The use might be obscured, or operated so slow- of oversnow vehicles in the Parkway is ly as to interfere with the normal flow subject to § 2.18(a), (b), and (c), but not of traffic. to §§ 2.18(d), (e), and 2.19(b) of this chap- (B) Oversnow vehicle drivers must ter. possess a valid motor vehicle driver’s (ii) This paragraph (a)(12) also applies license. A learner’s permit does not to non-administrative oversnow vehi- satisfy this requirement. The license cle use by NPS, contractor, or conces- must be carried by the driver at all sioner employees, or other non-rec- times. reational users authorized by the Su- (C) Equipment sleds towed by a snow- perintendent. mobile must be pulled behind the snow- (13) Are there any forms of non-motor- mobile and fastened to the snowmobile ized oversnow transportation allowed in with a rigid hitching mechanism. the Parkway? (i) Non-motorized travel (D) Snowmobiles must be properly consisting of skiing, skating, registered and display a valid registra- snowshoeing, or walking is permitted tion from the United States or Canada. unless otherwise restricted under this (iii) The Superintendent may impose section or other NPS regulations. other terms and conditions as nec- (ii) The Superintendent may des- essary to protect park resources, visi- ignate areas of the Parkway as closed, tors, or employees. The Superintendent reopen such areas, or establish terms will notify the public of any changes and conditions for non-motorized trav- through one or more methods listed in el within the Parkway in order to pro- § 1.7(a) of this chapter. tect visitors, employees, or park re- (iv) This paragraph (a)(10) also ap- sources. Notice will be made in accord- plies to non-administrative oversnow ance with § 1.7(a) of this chapter. vehicle use by NPS, contractor, or con- (14) May I operate a snowplane in the cessioner employees, or other non-rec- Parkway? The operation of a snowplane reational users authorized by the Su- in the Parkway is prohibited. perintendent. (15) Is violating any of the provisions of (11) What conditions apply to alcohol this section prohibited? (i) Violating any use while operating an oversnow vehicle? of the terms, conditions or require- In addition to 36 CFR 4.23, the fol- ments of paragraphs (a)(3) through lowing conditions apply: (a)(14) of this section is prohibited. (i) Operating or being in actual phys- (ii) Anyone who violates any of the ical control of an oversnow vehicle is terms, conditions or requirements of prohibited when the driver is under 21 this regulation will be considered to years of age and the alcohol concentra- have committed one separate offense tion in the driver’s blood or breath is for each term, condition or require- 0.02 grams or more of alcohol per 100 ment that they violate.

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(b) [Reserved] ble thereto after reasonable notice of default. [74 FR 60190, Nov. 20, 2009] (ii) Grazing privileges appurtenant to § 7.22 Grand Teton National Park. privately owned lands located outside 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 Principal Meridian. were members of his immediate family (2) [Reserved] as described herein, except for failure (b) Fishing. (1) The following waters to comply with the regulations applica- are closed to fishing: The Snake River ble thereto after reasonable notice of for a distance of 150 feet below the default. downstream face of Jackson Lake (iii) Members of the immediate fam- Dam; Swan Lake; Sawmill Ponds; ily are those persons who are related to Hedrick’s Pond; Christian Ponds; and and directly dependent upon a person Cottonwood Creek from the outlet of or persons, living on or conducting Jenny Lake downstream to the Saddle grazing operations from lands, as of Horse Concession Bridge. September 14, 1950, which the National (2) Fishing from any bridge or boat Park Service recognized as base lands dock is prohibited. appurtenant to grazing privileges in (3) Bait: (i) The use or possession of the park. Such interpretation excludes fish eggs or fish for bait is prohibited mature children who, as of that date, on or along the shores of all park wa- were established in their own house- ters, except: holds and were not directly dependent (ii) It is permissible to possess or use upon the base lands and appurtenant the following dead, non-game fish as grazing recognized by the National bait on or along the shores of Jackson Park Service. Lake: (iv) If title to base lands lying out- (A) Redside Shiner side the park is conveyed, or such base (B) Speckled Dace lands are leased to someone other than (C) Longnose Dace a member of the immediate family of (D) Piute Sculpin the permittee as of September 14, 1950, (E) Mottled Sculpin the grazing preference shall be recog- (F) Utah Chub nized only for a period of twenty-five (G) Utah Sucker years from September 14, 1950. (H) Bluehead Sucker (v) If title to a portion or part of the (I) Mountain Sucker base land either outside or inside the (c) Stock grazing. (1) Privileges for the park is conveyed or such base lands are grazing of domestic livestock based on leased, the new owner or lessee will authorized use of certain areas at the take with the land so acquired or time of approval of the Act of Sep- leased, such proportion of the entire tember 14, 1950 (64 Stat. 849, Pub. L. grazing privileges as the grazing capac- 787), shall continue in effect or shall be ity in animal unit months of the tract renewed from time to time, except for conveyed or leased bears to the origi- failure to comply with such terms and nal area to which a grazing privilege conditions as may be prescribed by the was appurtenant and recognized. Con- Superintendent in these regulations veyance or lease of all such base lands and after reasonable notice of default will automatically convey all grazing and subject to the following provisions privileges appurtenant thereto. of tenure: (vi) Grazing privileges which are ap- (i) Grazing privileges appurtenant to purtenant to base lands located either privately owned lands located within inside or outside the park shall not be the park shall not be withdrawn until conveyed separately therefrom. title to the lands to which such privi- (2) Where no reasonable ingress or leges are appurtenant shall have vested egress is available to permittees or in the United States except for failure nonpermittees who must cross Park to comply with the regulations applica- lands to reach grazing allotments on

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non-Federal lands within the exterior quired by Executive Order or law, to boundary of the Park or adjacent the following terms and conditions: thereto, the Superintendent will grant, (i) The permittee and his employees upon request a temporary nonfee an- shall use all possible care in preventing nual permit to herd stock on a des- forest and range fires, and shall assist ignated driveway which shall specify in the extinguishing of forest and range the time to be consumed in each single fires on, or within, the vicinity of the drive. The breach of any of the terms land described in the permit, as well as or conditions of the permit shall be in the preservation of good order with- grounds for termination, suspension, or in the boundaries of the park. reduction of these privileges. (ii) The Superintendent may require (3) Grazing preferences are based on the permittee before driving livestock actual use during the period March 15, to or from the grazing allotment to 1938 through September 14, 1950 and no gather his livestock at a designated increase in the number of animals or time and place for the purpose of animal unit months will be allowed on counting the same. Federal lands in the park. (iii) Stock will be allowed to graze (4)(i) A permittee whose grazing only on the allotment designated in privilege is appurtenant to privately the permit. owned lands within the park will be (iv) The permittee shall file with the granted total nonuse or reduced bene- Superintendent a copy of his stock fits for one or more years without nul- brand or other mark. lifying his privilege in subsequent years. (v) The permittee shall, upon notice (ii) A permittee whose privilege is ap- from the Superintendent that the al- purtenant to base lands outside the lotment designated in the permit is not park may be granted total nonuse on a ready to be grazed at the beginning of year to year basis not to exceed three the designated grazing season, place no consecutive years. Total nonuse be- livestock on the allotment for such a yond this time may be granted if neces- period as may be determined by the Su- sitated for reasons clearly outside the perintendent as necessary to avoid control of the permittee. Total unau- damage to the range. All, or a portion thorized nonuse beyond three consecu- of the livestock shall be removed from tive years will result in the termi- the area before the expiration of the nation and loss of all grazing privi- designated grazing season if the Super- leges. intendent determines further grazing (iii) Whenever partial or total non- would be detrimental to the range. The use is desired, an application must be number of stock and the grazing period made 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 Teton National deemed necessary for the protection of Forest and will be adjusted accord- the range. ingly. (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 park at any time or place, when or Service has been made. Fees for per- where herding or grazing is unauthor- mits are due the National Park Service ized may be assessed fifty cents per day and must be paid at least 15 days in ad- per animal as damages. vance of the grazing period. No permit (7) The Superintendent may accept a shall be effective to authorize grazing written relinquishment or waiver of use thereunder until all fees and other any privileges; however, no such relin- amounts due the National Park Service quishment or waiver will be effective have been paid. A pro rata adjustment without the written consent of the of fees will be made in the event of re- owner or owners of the base lands. duction of grazing privileges granted in (8) Permits. Terms and conditions. the permit, except that not more than The issuance and continued effective- 50 percent of the total annual grazing ness of all permits will be subject, in fee will be refunded in the event re- addition to mandatory provisions reduced grazing benefits are taken at the

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election of the permittee after his year in designated sites within the stock are on the range. Park. (vii) No building or other structure (2) Except in group campsites and shall be erected nor shall physical im- backcountry sites, camping is limited provements of any kind be established to six persons to a site. under the permit except upon plans and (3) Registration is required for camp- specifications approved by the Na- ing at the Jenny Lake Campground; tional Park Service. Any such facili- camping in this campground shall not ties, structures, or buildings may be re- exceed 10 days in any calendar year. moved or disposed of to a successor (e) Vessels. (1) Power-driven vessels permittee within three months fol- are prohibited on all park waters ex- lowing the termination of the permit; cept Jackson Lake and Jenny Lake. otherwise they shall become the prop- (2) On Jenny Lake: erty of the United States without com- (i) Operating a power-driven vessel pensation therefor. using a motor exceeding 71⁄2 horsepower (viii) The permittee shall utilize the is prohibited, except: lands covered by the permit in a man- (ii) An NPS authorized boating con- ner approved and directed by the Su- cessioner may operate power-driven perintendent which will prevent soil vessels under conditions specified by erosion thereon and on lands adjoining the Superintendent. same. (3) Hand-propelled vessels may be (ix) The right is reserved to adjust used on Jackson, Jenny, Phelps, Emma the fees specified in the permit at any Matilda, Two Ocean, Taggart, Bradley, time to conform with the fees approved Bearpaw, Leigh, and String Lakes and for Teton National Forest, and the per- on the Snake River, except within 1,000 mittee shall be furnished a notice of feet of the downstream face of Jackson any change of fees. Lake Dam. All other waters are closed (x) All livestock are considered as to boating. mature animals at six months of age (4) Sailboats may be used only on and are so counted in determining ani- Jackson Lake. mal unit months and numbers of ani- (5) No person except an authorized mals. concessioner shall moor or beach a ves- (xi) The Superintendent may pre- sel on the shore of a designated harbor scribe additional terms and conditions area, except in an emergency. to meet individual cases. (f) Management of elk. The laws and (9) The breach of any of the terms or regulations of the State of Wyoming conditions of the permit shall be shall govern elk management as asso- grounds for termination, suspension, or ciated with formal reduction programs. reduction of grazing privileges. Such Wyoming laws and regulations (10) Appeals from the decision of the which are now or will hereafter be in Superintendent to the Regional Direc- effect are hereby incorporated by ref- tor and from the Regional Director to erence as a part of the regulations in the Director shall be made in accord- this part. ance with the National Park Service (g)(1) What is the scope of this section? Order No. 14, as amended (19 FR 8824) The regulations contained in para- and Regional Director, Order No. 3, as graphs (g)(2) through (g)(20) of this sec- amended (21 FR 1494). tion are intended to apply to the use of (11) Nothing in these regulations snowcoaches and recreational snowmo- shall be construed as to prevent the en- biles. Except where indicated, para- forcement of the provisions of the gen- graphs (g)(2) through (g)(20) do not eral rules and regulations and the spe- apply to non-administrative over-snow cial rules and regulations of the Na- vehicle use by NPS, contractor, or con- tional Park Service or of any other cessioner employees, or other non-rec- provisions of said rules and regulations reational users authorized by the Su- applicable to stock grazing. perintendent. (d) Camping. (1) No person, party, or (2) What terms do I need to know? The organization shall be permitted to definitions in this paragraph (g)(2) also camp more than 30 days in a calendar apply to non-administrative oversnow

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vehicle use by NPS, contractor, or con- which may be steered by a ski or skis cessioner employees, or other non-rec- in contact with the snow. reational users authorized by the Su- (vii) Snowplane means a self-propelled perintendent. vehicle intended for oversnow travel (i) Commercial guide means a guide and driven by an air-displacing pro- who operates as a snowmobile or peller. snowcoach guide for a fee or compensa- (3) May I operate a snowmobile in tion and is authorized to operate in the Grand Teton National Park? You may park under a concession contract. In operate a snowmobile in Grand Teton this section, ‘‘guide’’ also means National Park in compliance with use ‘‘commercial guide.’’ limits, operating hours and dates, (ii) Historic snowcoach means a Bom- equipment, and operating conditions bardier snowcoach manufactured in established under this section. The Su- 1983 or earlier. Any other snowcoach is perintendent may establish additional considered a non-historic snowcoach. operating conditions and provide no- (iii) Oversnow route means that por- tice of those conditions in accordance tion of the unplowed roadway located with § 1.7(a) of this chapter or in the between the road shoulders and des- FEDERAL REGISTER. ignated by snow poles or other poles, (4) May I operate a snowcoach in ropes, fencing, or signs erected to regu- Grand Teton National Park? It is prohib- late oversnow activity. Oversnow ited to operate a snowcoach in Grand routes include pullouts or parking Teton National Park except as author- areas that are groomed or marked ized by the Superintendent. similarly to roadways and are adjacent (5) Must I operate a certain model of to designated oversnow routes. An snowmobile in the park? Only commer- oversnow route may also be distin- cially available snowmobiles that meet guished by the interior boundaries of NPS air and sound emissions require- the berm created by the packing and ments as set forth in this section may grooming of the unplowed roadway. be operated in the park. The Super- The only motorized vehicles permitted intendent will approve snowmobile on oversnow routes are oversnow vehi- makes, models, and years of manufac- cles. ture that meet those requirements. (iv) Oversnow vehicle means a snow- Any snowmobile model not approved mobile, snowcoach, or other motorized by the Superintendent may not be op- vehicle that is intended for travel pri- erated in the park. marily on snow and has been author- (6) How will the Superintendent ap- ized by the Superintendent to operate prove snowmobile makes, models, and in the park. An oversnow vehicle that years of manufacture for use in Grand does not meet the definition of a Teton National Park? (i) Beginning with snowcoach must comply with all re- the 2005 model year, all snowmobiles quirements applicable to snowmobiles. must be certified under 40 CFR Part (v) Snowcoach means a self-propelled 1051, to a Family Emission Limit no mass transit vehicle intended for travel greater than 15 g/kW-hr for hydro- on snow, having a curb weight of over carbons and to a Family Emission 1,000 pounds (450 kilograms), driven by Limit no greater than 120 g/kW-hr for a track or tracks and steered by skis or carbon monoxide. tracks, and having a capacity of at (A) 2004 model year snowmobiles may least 8 passengers. A snowcoach has a use measured air emissions levels (offi- maximum size of 102 inches wide, plus cial emission results with no deteriora- tracks (not to exceed 110 inches over- tion factors applied) to comply with all); a maximum length of 35 feet; and the air emission limits specified in a Gross Vehicle Weight Rating (GVWR) paragraph (g)(6)(i) of this section. not exceeding 25,000 pounds. (B) Snowmobiles manufactured be- (vi) Snowmobile means a self-propelled fore the 2004 model year may be oper- vehicle intended for travel on snow, ated only if they have shown to have with a curb weight of not more than air emissions no greater than the re- 1,000 pounds (450 kg), driven by a track quirements identified in paragraph or tracks in contact with the snow, and (g)(6)(i) of this section.

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(C) The snowmobile test procedures cation of wintering wildlife, appro- specified by EPA (40 CFR parts 1051 and priate snow cover, public safety and 1065) must be used to measure air emis- other factors. The Superintendent will sions from model year 2004 and later provide notice of such opening or clos- snowmobiles. Equivalent procedures ing by one or more of the methods list- may be used for earlier model years. ed in § 1.7(a) of this chapter. (ii) For sound emissions, snowmo- (iii) This paragraph (g)(7) also applies biles must operate at or below 73 dBA to non-administrative over-snow vehi- as measured at full throttle according cle use by NPS, contractor, or conces- to Society of Automotive Engineers sioner employees, or other non-rec- J192 test procedures (revised 1985). reational users authorized by the Su- Snowmobiles may be tested at any bar- perintendent. ometric pressure equal to or above 23.4 (iv) Maps detailing the designated inches Hg uncorrected. The Super- oversnow route will be available from intendent may revise these testing pro- Park Headquarters. cedures based on new information and/ (8) Must I travel with a commercial or updates to the SAE J192 testing pro- guide while snowmobiling in Grand Teton cedures. National Park? You are not required to (iii) Snowmobiles meeting the reuse a guide while snowmobiling in quirements for air and sound emissions Grand Teton National Park. may be operated in the park for a pe- (9) Are there limits established for the riod not exceeding 6 years from the number of snowmobiles permitted to oper- date upon which first certified, except ate in the park each day? (i) The number that snowmobiles being operated on of snowmobiles allowed to operate in Jackson Lake may continue to be oper- the park each day on Jackson Lake is ated up to 10 years, provided that these 25. snowmobiles’ mileage does not exceed 6,000 miles. (ii) The Superintendent may adjust (iv) Snowmobiles will be exempt from this number up or down, not to exceed these air and sound emissions require- a daily limit of 40 snowmobiles, after ments while in use to access lands au- taking into consideration the location thorized by paragraphs (g)(16) and of wintering wildlife, appropriate snow (g)(18) of this section. cover, noise monitoring results, public (v) The Superintendent may prohibit safety and other factors. The Super- entry into the park of any snowmobile intendent will provide notice of such that has been modified in a manner adjustment by one or more of the that may adversely affect air or sound methods listed in § 1.7(a) of this chap- emissions. ter. (7) Where may I operate my snowmobile (10) When may I operate my snow- in the park? (i) You may operate your mobile? The Superintendent will deter- snowmobile upon the frozen water sur- mine operating hours and dates. Except face of Jackson Lake, a route estab- for emergency situations, any changes lished in accordance with § 2.18(c) of to operating hours or dates will be this chapter, under the following condi- made on an annual basis, and the pub- tions: lic will be notified of those changes (A) You are ice fishing, and licensed through one or more of the methods or otherwise permitted to fish in Wyo- listed in § 1.7(a) of this chapter. ming; (11) What other conditions apply to the (B) You possess the proper fishing operation of oversnow vehicles? (i) The gear; and following are prohibited: (C) You limit your snowmobile travel (A) Idling an oversnow vehicle more to a direct route to and from and be- than 5 minutes at any one time. tween fishing locations on the lake. (B) Driving an oversnow vehicle (ii) The Superintendent may open or while the operator’s motor vehicle li- close this route, or portions thereof, cense or privilege is suspended or re- for snowmobile travel, and may estab- voked. lish separate zones for motorized and (C) Allowing or permitting an unli- non-motorized uses on Jackson Lake, censed driver to operate an oversnow after taking into consideration the lo- vehicle.

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(D) Driving an oversnow vehicle in tion in the driver’s blood or breath is willful or wanton disregard for the 0.02 grams or more of alcohol per 100 safety of persons, property, or park re- milliliters or blood or 0.02 grams or sources or otherwise in a reckless man- more of alcohol per 210 liters of breath. ner. (ii) Operating or being in actual (E) Operating an oversnow vehicle physical control of an oversnow vehicle without a lighted white headlamp and is prohibited when the driver is a snow- red taillight. mobile guide or a snowcoach operator (F) Operating an oversnow vehicle and the alcohol concentration in the that does not have brakes in good driver’s blood or breath is 0.04 grams or working order. more of alcohol per 100 milliliters of (G) The towing of persons on skis, blood or 0.04 grams or more of alcohol sleds or other sliding devices by per 210 liters of breath. oversnow vehicles. (iii) This paragraph (g)(12) also ap- (ii) The following are required: plies to non-administrative over-snow (A) All oversnow vehicles that stop vehicle use by NPS, contractor, or con- on designated routes must pull over to cessioner employees, or other non-rec- the far right and next to the snow reational users authorized by the Su- berm. Pullouts must be used where perintendent. available and accessible. Oversnow ve- (13) Do other NPS regulations apply to hicles may not be stopped in a haz- the use of oversnow vehicles? The use of ardous location or where the view oversnow vehicles in Grand Teton is might be obscured, or operated so slow- subject to § 2.18(a), (b), and (c), but not ly as to interfere with the normal flow subject to § 2.18(d) and (e) and § 2.19(b) of traffic. of this chapter. (B) Oversnow vehicle drivers must possess a valid motor vehicle driver’s (14) Are there any forms of non-motor- license. A learner’s permit does not ized oversnow transportation allowed in satisfy this requirement. The license the park? must be carried by the driver at all (i) Non-motorized travel consisting of times. skiing, skating, snowshoeing, or walk- (C) Equipment sleds towed by a snow- ing is permitted unless otherwise re- mobile must be pulled behind the snow- stricted under this section or other mobile and fastened to the snowmobile NPS regulations. with a rigid hitching mechanism. (ii) The Superintendent may des- (D) Snowmobiles must be properly ignate areas of the park as closed, re- registered and display a valid registra- open such areas, or establish terms and tion from the United States or Canada. conditions for non-motorized travel (iii) The Superintendent may impose within the park in order to protect other terms and conditions as nec- visitors, employees, or park resources. essary to protect park resources, visi- (iii) Dog sledding and ski-joring are tors, or employees. The Superintendent prohibited. will notify the public of any changes (15) May I operate a snowplane in the through one or more methods listed in park? The operation of a snowplane in § 1.7(a) of this chapter. Grand Teton National Park is prohib- (iv) This paragraph (g)(11) also ap- ited. plies to non-administrative over-snow (16) May I continue to access public vehicle use by NPS, contractor, or con- lands via snowmobile through the park? cessioner employees, or other non-rec- Reasonable and direct access, via snow- reational users authorized by the Su- mobile, to adjacent public lands will perintendent. continue to be permitted on the des- (12) What conditions apply to alcohol ignated routes through the park identi- use while operating an oversnow vehicle? fied in the following paragraphs In addition to 36 CFR 4.23, the fol- (g)(16)(i) through (iv). Requirements es- lowing conditions apply: tablished in this section related to air (i) Operating or being in actual phys- and sound emissions, daily entry lim- ical control of an oversnow vehicle is its, snowmobile operator age, guiding, prohibited when the driver is under 21 and licensing do not apply on these years of age and the alcohol concentra- oversnow routes. The following routes

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are designated for access via snow- (v) From Highway 26/89/191 to those mobile to public lands: lands commonly referred to as the (i) From the parking area at Shadow ‘‘Meadows’’, the ‘‘Circle EW Ranch’’, Mountain directly along the unplowed the ‘‘Moulton Property’’, the portion of the road to the east park ‘‘Levinson Property’’ and the boundary. ‘‘Macmahon Property.’’ (ii) Along the unplowed portion of (vi) From Cunningham Cabin pullout the Ditch Creek Road directly to the on U.S. 26/89/191 near Triangle X to the east park boundary. piece of land commonly referred to as (iii) The Continental Divide Snow- the ‘‘Lost Creek Ranch.’’ mobile Trail (CDST) along U.S. 26/287 (vii) The Superintendent may des- from the east park boundary to a point ignate additional routes if necessary to approximately 2 miles east of Moran provide reasonable access to inholdings Junction. If necessary for the proper or adjacent private property. administration of visitor use and re- (viii) Maps detailing designated source protection, the Superintendent routes will be available from Park may extend this designated route to Headquarters. the Moran Entrance Station. (19) For what purpose may I use the routes designated in paragraph (g)(18) of (iv) The Superintendent may des- this section? The routes designated in ignate additional routes if necessary to paragraph (g)(18) of this section are provide access to other adjacent public only to access private property within lands. or directly adjacent to the park bound- (17) For what purpose may I use the ary. Use of these roads via snowmobile routes designated in paragraph (g)(16) of is authorized only for the landowners You may only use those this section? and their representatives or guests. routes designated in paragraph (g)(16) Use of these roads by anyone else or for of this section to gain direct access to any other purpose is prohibited. public lands adjacent to the park (20) Is violating any of the provisions of boundary. this section prohibited (i) Violating any (18) May I continue to access private of the terms, conditions or require- property within or adjacent to the park ments of paragraphs (g)(3) through via snowmobile? The Superintendent (g)(19) of this section is prohibited. may establish reasonable and direct (ii) Anyone who violates any of the snowmobile access routes to the terms, conditions or requirements of inholding or to private property adja- this regulation will be considered to cent to park boundaries for which have committed one separate offense other routes or means of access are not for each term, condition or require- reasonably available. Requirements es- ment that they violate. tablished in this section related to air (h) Where may I ride a bicycle in Grand and sound emissions, snowmobile oper- Teton National Park? (1) You may ride a ator age, licensing, and guiding do not bicycle on park roads, in parking areas, apply on these oversnow routes. The and upon designated routes established following routes are designated for ac- within the park in accordance with cess to private properties within or ad- § 4.30(a) of this chapter. The following jacent to the park: routes are designated for bicycle use: (i) From the Antelope Flats Road off (i) The paved multi-use pathway U.S. 26/89/191 to private lands in the alongside Dornan Road between Dor- Craighead Subdivision. nan’s and the Teton Park Road. (ii) The unplowed portion of the (ii) The paved multi-use pathway Teton Park Road to the piece of land alongside the Teton Park Road be- commonly referred to as the ‘‘Town- tween Dornan Road (Dornan’s Junc- send Property.’’ tion) and the South Jenny Lake devel- (iii) From the Moose-Wilson Road to oped area. the land commonly referred to as the (2) The Superintendent may open or ‘‘Barker Property.’’ close designated routes, or portions (iv) From the Moose-Wilson Road to thereof, or impose conditions or re- the property commonly referred to as strictions for bicycle use after taking the ‘‘Halpin Property.’’ into consideration the location of or

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impacts on wildlife, the amount of material, or hazardous waste that re- snow cover or other environmental quires placarding, or any marine pol- conditions, public safety, and other lutant that requires marking, as de- factors, under the criteria and proce- fined in 49 CFR Subtitle B, is prohib- dures of §§ 1.5 and 1.7 of this chapter. ited; except for local bulk deliveries of [24 FR 11043, Dec. 30, 1959] gasoline, fuel oil and LP gas; provided, however, that the Superintendent may EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 7.22, see the List of CFR issue permits for the transportation of Sections Affected, which appears in the such substance or combination of sub- Finding Aids section of the printed volume stances, including hazardous waste, in and at www.fdsys.gov. emergencies, and may issue permits when such transportation is necessary § 7.23 Badlands National Park. for access to lands within or adjacent (a) Commercial vehicles. (1) Notwith- to the park area to which access is oth- standing the prohibition of commercial erwise not available as provided in 36 vehicles set forth in § 5.6 of this chap- CFR 5.6. ter, local commercial vehicles may op- (5) The operator of a motor vehicle erate on the park road between the transporting any hazardous substance, Northeast entrance and the Interior hazardous material, hazardous waste, entrance in accordance with the provi- or marine pollutant in accordance with sions of this section. a permit issued under this section, is (2) The term ‘‘Local Commercial Ve- not relieved in any manner from com- hicles’’, as used in this section, will in- plying with all applicable regulations clude the definition of ‘‘commercial vehicle’’ 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 pollutant. Allen 57714 (6) The transportation or use of over- Belvedere 57521 Cottonwood 57775 size or overweight commercial vehicles Creighton 57729 on the park road between the North- Interior 57750 east and Interior entrances is prohib- Kadoka 57543 ited; provided, however that the Super- Kyle 57752 intendent may issue permits for trans- Long Valley 57547 portation or use of such vehicles and Owanka 57767 Philip 57567 may condition such permits on the use Scenic 57780 of special routes within the park in Wall 57790 order to minimize impacts to park fa- Wanblee 57577 cilities and resources and also may Wasta 57791 issue permits when the transportation (3) The Superintendent may require a or use of such vehicles is necessary for permit and establish terms and condi- access to lands within or adjacent to tions in accordance with § 1.6 of this the park area to which access is other- chapter for the operation of local com- wise not available as provided in 36 mercial vehicles on the park road be- CFR 5.6. tween the park’s Northeast and Inte- (7) Operating without, or violating a rior entrances. The Superintendent term or condition of, a permit issued in may charge a fee for any permits accordance with this section is prohib- issued to commercial vehicles in ac- ited. In addition, violating a term or cordance with a fee schedule estab- condition of a permit may result in the lished annually. suspension or revocation of the permit. (4) The commercial transport on the (b) [Reserved] park road between the Northeast and Interior entrances of any substance or [62 FR 2580, Jan. 17, 1997] combination of substances, including any hazardous substance, hazardous

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§ 7.24 Upper Delaware Scenic and Rec- scribed to govern the surface use of reational River. claims therein: Fishing. Fishing in any manner au- (1) The claim shall be occupied and thorized under applicable State law is used exclusively for mineral explo- allowed. ration and development and for no 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. descendent of not less than one-half (4) Prospectors or miners shall not part of the blood of the races inhab- open or construct roads or vehicle iting the Hawaiian Islands previous to trails without first obtaining written 1778 (Act of June 20, 1938; 52 Stat. 784; permission from an authorized officer 16 U.S.C. 396a). or employee of the National Park Serv- ice. Applications for permits shall be (b) Backcountry registration. No per- accompanied by a map or sketch show- son shall explore or climb about the ing the location of the mining property lava tubes or pit craters in the park to be served and the location of the without first registering with the su- proposed road or vehicle trail. The per- perintendent and indicating the ap- mit may be conditioned upon the per- proximate length of time involved in mittee’s maintaining the road or trail the exploration and the number of peo- in a passable condition as long as it is ple in the party. This section does not used by the permittee or his succes- apply to the maintained trail through sors. Thruston Lava Tube, nor the main- (5) From and after the date of publi- tained trail down and across Kilauea cation of this section, no construction, Iki pit crater. development, or dumping upon any lo- [34 FR 9338, June 13, 1969, as amended at 48 cation or entry, lying wholly or partly FR 30295, June 30, 1983] within the areas set forth in paragraphs (a)(5) (i) to (iii) of this section, § 7.26 Death Valley National Monu- shall be undertaken until the plans for ment. such construction, development, and (a) Mining. Mining in Death Valley dumping, insofar as the surface is af- National Monument is subject to the fected thereby, shall have been first following regulations, which are pre- submitted to and approved in writing

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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 FR 18450, Apr. 30, 1984] veloped site are designated on a map of the site which will be available for in- § 7.27 Dry Tortugas National Park. spection in the office of the Super- intendent. If not so posted, such sites (a) What terms do I need to know? The shall include all land within 1,000 feet following definitions apply to this sec- of any Federally owned buildings, tion only: water and sewer systems, road loops, (1) Bait fish means any of the fol- and camp tables and fireplaces set at lowing: designated camp sites. (i) Ballyhoo (family Exocioetidae and (b) Use of water. No works or water genus Hemiramphus), other genus may system of any kind for the diversion, be included in this family; impoundment, appropriation, trans- (ii) Minnow (families mission, or other use of water shall be Cyprinodontidae, Peciliidae, or constructed on or across Monument Aherinidae); lands, including mining claims, with- (iii) Mojarra (family Gerreidae); out a permit approved by an authorized (iv) Mullet (family Mugilidae); officer or employee of the National (v) Pilchard (family Clupeidae); or Park Service. Application for such per- (vi) Pinfish (family Sparidae, genus mit shall be accompanied by plans of Lagodon). the proposed construction. The permit (2) Cast net means a type of circular shall contain the following conditions: falling net, weighted on its periphery, (1) No diversion and use of the water which is thrown and retrieved by hand, shall conflict with the paramount gen- measuring 14 feet or less stretched eral public need for such water; (2) such length (stretched length is defined as water systems shall include taps or the distance from the horn at the cen- spigots at points to be prescribed by ter of the net with the net gathered the Superintendent, for the conven- and pulled taut, to the lead line). ience of the public; and (3) all appro- (3) Designated anchorage means any priations of water, in compliance with area of sand within one nautical mile the State water laws, shall be made for of the Fort Jefferson Harbor Light. public use in the name of the United (4) Dip net means a hand held device States and in accordance with instruc- for obtaining bait, the netting of which tions to be supplied by an authorized is fastened in a frame. A dip net may officer or employee of the National not exceed 3 feet at its widest point. Park Service. (5) Finfish means a member of sub- (c) Permits. Application for any per- classes Agnatha, Chondrichthyes, or mit required by this section shall be Osteichthyes. made through the Superintendent of (6) Flat wake speed means the min- the Monument. imum required speed to leave a flat (d) Filing of copies of mining locations. wave disturbance close astern a moving From and after the publication of this vessel yet maintain steerageway, but

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in no case in excess of 5 statute miles adjacent points of 82°51′ W and 24°36′ N, per hour. and 82°58′ W and 24°36′ N west to the (7) Guide operations means the activ- park boundary, but excluding: ity of a person, partnership, firm, cor- (i) The designated anchorage; poration, or other entity to provide (ii) Garden Key, Bush Key and Long services for hire to visitors of the park. Key; or This includes, but is not limited to, (iii) The central portion of Logger- fishing, diving, snorkeling, and wildlife head key including the lighthouse and viewing. associated buildings. (8) Live rock means any living marine (15) Shrimp means a member of the organism or assemblage thereof at- genus Farfantepenaeus, Penaeus sp. tached to a hard substrate, including (b) Are there recreational fishing re- dead coral or rock but not individual strictions that I need to know? mollusk shells. (9) Lobster means any of the fol- (1) Yes. After consulting with and ob- lowing: taining the concurrence of the Florida (i) Shovelnosed or Spanish Lobster Fish and Wildlife Conservation Com- (Scyllarides aequinocti); mission, based on management objec- (ii) Slipper lobster (Parribacus tives and the park fisheries research, antarcticus); the Superintendent may impose clo- (iii) Caribbean spiny lobster sures and establish conditions or re- (Panulirus argus); or strictions necessary pertaining to fish- (iv) Spotted spiny lobster (Panulirus ing, including, but not limited to, spe- guttatus). cies of fish that may be taken, seasons, (10) Marine life means: and hours during which fishing may (i) Sponges, sea anenomes, corals, jel- take place, methods of taking, and size, lyfish, sea cucumbers, starfish, sea ur- bag, and possession limits. The public chins, octopus, crabs, shrimp, bar- will be notified of any changes through nacles, worms, conch; and one or more methods listed in § 1.7 of (ii) Other animals belonging to the this chapter. In emergency situations, Phyla Porifera, Cnidaria, after consulting with the Florida Fish Echinodermata, Mollusca, Bryozoa, and Wildlife Conservation Commission, Brachiopoda, Arthropoda, the Superintendent may impose tem- Platyhilmenthes, and Annelida. porary closures and establish condi- (11) Not available for immediate use tions or restrictions necessary, but not means not readily accessible for imme- exceeding 30 days in duration which diate use (e.g., by being stowed may be extended for one additional 30 unbaited in a cabin, locker, rod holder, day period, pertaining to fishing, in- or similar storage area, or being se- cluding, but not limited to, species of curely covered and lashed to a deck or fish that may be taken, seasons, and bulkhead). hours during which fishing may take (12) Ornamental tropical fish means a place, methods of taking, and size, bag, brightly colored fish, often used for and possession limits. In emergency aquarium purposes and which lives in situations where consultation in ad- close relationship to coral commu- vance is not possible, the Super- nities, belonging to the families intendent will consult with the Florida Syngathidae, Apogonidae, Fish and Wildlife Conservation Com- Pomacentridae, Scaridae, Blennidae, mission within 24-hours of the initi- Callionymidae, Gobiidae, Ostraciidae, ation of the temporary closure or re- or Diodontidae. striction. (13) Permit, in the case of 36 CFR part (2) Only the following may be legally 7.27, means an authorization in writing taken from Dry Tortugas National or orally (e.g., via radio or tele- Park: phonically). (i) Fin fish by closely attended hook- (14) Research Natural Area (RNA) at and-line; Dry Tortugas National Park means the (ii) Bait fish by closely attended 46-square-statute-mile area in the hook and line, dip net, or cast net and northwest portion of the park enclosed limited to 5 gallons per vessel per day; by connecting with straight lines the and

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(iii) Shrimp may be taken by dip net section, including size and species re- or cast net. strictions. (3) The following waters and areas (iv) Taking, possessing, or touching are closed to fishing: any ornamental tropical fish or marine (i) The Research Natural Area (RNA): life except as expressly provided in this Fish and fishing gear may be possessed section. aboard a vessel in the RNA, provided (v) Dragging or trawling a dip net or such fish can be shown not to have cast net. been harvested from within, removed (vi) The use of nets except as pro- from, or taken within the RNA, as ap- vided in paragraphs (b)(3)(ii)and (iii) of plicable, by being stowed in a cabin, this section. locker, or similar storage area prior to (vii) Engaging in guide operations entering and during transit through (fee for service), including but not lim- the RNA, provided further that such ited to fishing and diving, except in ac- vessel is in continuous transit through cordance with the provisions of: the RNA. Gear capable of harvesting fish may be aboard a vessel in the (A) A permit, contract, or other com- RNA, provided such gear is not avail- mercial use authorization; or able for immediate use when entering (B) Other written agreement with the and during transit through the RNA United States administered under this and no presumption of fishing activity chapter. shall be drawn therefrom; (c) Are any areas of the park closed to (ii) Garden Key moat; the public? Yes. The following areas are (iii) Within any swimming and snor- closed to the public: keling areas designated by buoys; (1) The elkhorn (Acropora palmata) (iv) Within 50 feet of the historic and staghorn (Acropora prolifera) coral coaling docks; patches adjacent to and including the (v) Helipad areas, including the gaso- tidal channel southeast of Long and line refueling dock. Bush Keys and extending to 100 yards (4) The following are prohibited: from the exterior edge of either patch; (i) Possessing lobster within the (2) Hospital and Long Keys; and boundaries of the park, unless the indi- (3) Areas that the Superintendent vidual took the lobster outside park designates in accordance with § 1.5 and waters and has the proper State/Fed- noticed to the public through one or eral licenses and permits. Vessels with more of the methods listed in § 1.7 of legally taken lobster aboard which was this chapter. taken outside the park may not have (d) What restrictions apply on Logger- persons overboard in park waters. The head Key? presence of lobster aboard a vessel in (1) The Superintendent will, as nec- park waters, while one or more persons essary to protect park resources, visi- from such vessel are overboard, con- tors, or employees: stitutes prima facie evidence that the (i) Designate areas on Loggerhead lobsters were harvested from park wa- Key open for public use; ters in violation of this chapter. (ii) Taking fish by pole spear, Hawai- (ii) Establish closures or restrictions ian sling, rubber powered, pneumatic, on and around the waters of Logger- or spring loaded gun or similar device head Key; and known as a speargun, air rifles, bows (iii) Establish conditions for docking, and arrows, powerheads, or explosive swimming or wading, and hiking. powered guns. Operators of vessels (2) The Superintendent will notify within the park must break down and the public of designations, closures or store all weapons described in this restrictions through one or more of the paragraph so that they are not avail- methods listed in § 1.7 of this chapter. able for immediate use. (e) What restrictions apply to anchoring (iii) Use of a hand held hook, gig, a vessel in the park? gaff, or snare, except that a gaff may (1) Anchoring in the Research Nat- be used for landing a fish lawfully ural Area (RNA) is prohibited. caught by hook and line when con- (2) All vessels in the RNA must use sistent with all requirements in this designated mooring buoys.

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(3) Anchoring between sunset and buoys, snorkeling, diving, wildlife sunrise is limited to the designated an- viewing, and photography. chorage area at Garden Key. (2) A permit, issued by the Super- (4) Vessels engaged in commercial intendent, is required for a person, fishing or shrimping must not anchor group, institution, or organization con- in any of the channels, harbors, or la- ducting research activities in the park. goons in the vicinity of Garden Key, (3) Vessels transiting the park with- Bush Key, or the surrounding shoals out interruption shall not require a outside of Bird Key Harbor, except in permit. cases of emergency involving danger to (i) How are corals and other under- life or property. (Emergencies may in- water natural features protected in the clude, adverse weather conditions, me- park? chanical failure, medical emergencies, (1) Taking, possessing, removing, or other public safety situations.) damaging, touching, handling, har- (f) What vessel operations are prohib- vesting, disturbing, standing on, or ited? The following vessel operations otherwise injuring coral, coral forma- are prohibited: tion, seagrass or other living or dead (1) Operating a vessel in the Fort Jef- organisms, including marine inverte- ferson Moat; and brates, live rock, and shells, is prohib- (2) Operating a vessel above a flat ited. wake speed in the Garden Key and Bird (2) Vessel operators are prohibited Key Harbor areas. from allowing their vessel to strike, in- (g) What restrictions apply to dis- jure, or damage coral, seagrass, or any charging materials in park waters? other immobile organism attached to (1) Discharging or depositing mate- the seabed. rials or substances of any kind within (3) Vessel operators are prohibited the boundaries of the park is prohib- from allowing an anchor, chain, rope or ited, except for the following: other mooring device to be cast, (i) Research Natural Area: cooling dragged, or placed so as to strike, water or engine exhaust. break, abrade, or otherwise cause dam- (ii) Park Waters Outside the Research age to coral formations, sea grass, or Natural Area: submerged cultural resources. (A) Fish, fish parts, chumming mate- (j) What restrictions apply on or near rials, or bait used or produced inci- shipwrecks? dental to and while conducting rec- (1) No person may destroy, molest, reational fishing activities in the park; remove, deface, displace, or tamper (B) Water generated by routine vessel with wrecked or abandoned vessels of operations (e.g., deck wash down and any type or condition, or any cargo graywater from sinks, consisting of pertaining thereto. only water and food particles; (2) Surveying, inventorying, disman- (C) Vessel cooling water, engine ex- tling, or recovering any wreck or cargo haust, or bilge water not contaminated within the boundaries of the park is by oil or other substances. prohibited unless permitted in writing (2) The Superintendent may impose by the Superintendent. further restrictions as necessary to (k) How are aircraft operations re- protect park resources, visitors, or em- stricted? ployees. The Superintendent will no- (1) Landing an aircraft in Dry tify the public of these requirements Tortugas National Park may occur through one or more of the methods only in accordance with a permit listed in § 1.7 of this chapter. issued by the Superintendent under (h) What are the permit requirements in § 1.6 of this chapter. the park? (2) When landing is authorized by (1) A permit, issued by the Super- permit, the following requirements intendent, is required for all non-com- also apply: mercial vessels for which occupants are (i) Aircraft may be landed on the wa- engaged in recreational activities, in- ters within a radius of 1 mile of Garden cluding all activities in the RNA. Per- Key, but a landing or takeoff may not mitted recreational activities include be made within 500 feet of Garden Key, but are not limited to use of mooring or within 500 feet of any closed area.

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(ii) Operation of aircraft is subject to Seasons and bag limits shall be estab- § 2.17 of this chapter, except that sea- lished annually after consultation with planes may be taxied closer than 500 the State and any affected Indian tribe. feet to the Garden Dock while en route (3) Conservation waters. After con- to or from the designated ramp, north sultation with the State and, where ap- of the dock. propriate, the concerned Indian tribe, (iii) Seaplanes may be moored or the superintendent may, by local publi- brought up on land only on the des- cation and conspicuous posting of ignated beach, north of the Garden Key signs, alter the season and change dock. daily limits for spawning, conservation or research purposes. [71 FR 76164, Dec. 20, 2006] (4) Closed waters. That portion of the Morse Creek watershed within the park § 7.28 Olympic National Park. (except Lake Angeles and P.J. Lake) (a) Fishing—(1) General Provisions. All and that section of Kalaloch Creek waters within Olympic National Park which is used as domestic water supply are open to fishing in conformance (as posted) are closed to fishing. Fish- with those seasons and limits published ing from boats is prohibited on the Hoh annually by the Washington State De- River upstream from the South Fork partment of Game and the Washington Hoh boat launch. State Department of Fisheries applica- (5) Fishing gear. Fishing with a line, ble in the same watershed in adjoining gear or tackle having more than two counties, except as provided for below. spinners, spoons, blades, flashers, or (i) Possession limit. This shall be the like attractions, or with more than one same as the daily limit for all species; rudder, or more than two hooks (single, Provided however, it is lawful to possess double, or treble barbed) attached to four steelhead over 20 inches regardless such line, gear, or tackle, is prohibited. of weight. In the Queets River and trib- (6) Bait. The use of nonpreserved fish utaries the summer season possession eggs is permitted. limit is two steelhead over 20 inches. (7) License. A license to fish in park (ii) General summer season. Daily waters is not required; however, an in- steelhead catch limit shall not exceed dividual fishing for steelhead or salm- two fish, Provided however: on in park waters, except treaty Indi- 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. trict Court and issued either by the Bu- Salmon River. reau of Indian Affairs or the applicable

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tribe when fishing in accordance with park roads and parking areas or within the tribe’s reserved treaty fishing one-quarter mile of an established right. Such persons shall produce said automobile campground or conces- card for inspection upon request of a sioner overnight facility. National Park Service enforcement of- (d) [Reserved] ficer. A tribally issued identification (e) Privately owned lands—(1) Water tag shall be attached to any unat- supply and sewage disposal systems. The tended fishing gear in park waters. provisions of this paragraph apply to (iii) Conservation closures and catch the privately owned lands within limits. The superintendent may close a Olympic National Park. The provisions stream or any portion thereof to Indian of this paragraph do not excuse compli- treaty fishing or limit the number of ance by eating, drinking, or lodging es- fish that may be taken when it is found tablishments with § 5.10 of this chapter. either that it is: (i) Facilities. (a) Subject to the provi- (A) Reasonable and necessary for the sions of paragraph (e)(1)(iii) of this sec- conservation of a run as those terms tion, no person shall occupy any build- are used by the United States District ing or structure, intended for human Court to determine the permissible habitation or use, unless such building limitations on the exercise of Indian is served by water supply and sewage treaty rights; or disposal systems that comply with the (B) Necessary to secure the proper al- standards prescribed by the State and location of harvest between Indian county laws and regulations applicable treaty fisheries and other fisheries as in the county within whose exterior prescribed by the court. boundaries such building is located. (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) ( ) The appropriate (1) Hand propelled vessels and sail- Inspections. a 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 (2) Motorboats are permitted on the water supply or sewage disposal sys- following waters: tem, from time to time, in order to determine whether such system complies Lake Crescent. with the State and county standards: Lake Cushman. Provided, however, That inspection Lake Mills. Dickey River in coastal strip. shall be made only upon consent of the Hoh River in coastal strip. occupant of the premises or pursuant 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

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presents an immediate and severe dan- owned lands shall be required to obtain ger to the public health. permits or licenses from, or pay fees to, (iii) Defective systems. (a) If upon in- the State of Washington or its political spection, any water supply system or subdivisions in connection with the sewage disposal system is found by the harvesting or cutting of timber on such inspecting officer not to be in conform- lands. Prior to the initiation of har- ance with applicable State and county vesting or cutting of timber on pri- standards, the Superintendent will vately owned lands over which jurisdic- send to the ostensible owner and/or the tion has been ceded to the United occupant of such property, by certified States, such operations shall be reg- mail, a written notice specifying what istered with the Superintendent of steps must be taken to achieve compli- Olympic National Park. ance. If after 1 year has elapsed from (3) Conflict with Federal laws. If the the mailing of such written notice the standards established from time to deficiency has not been corrected, such time by or pursuant to the laws of the deficiency shall constitute a violation State of Washington, specified in para- of this regulation and shall be the basis graphs (e) (1) and (2) of this section, are for court action for the vacation of the lower than or conflict with any estab- premises. lished by Federal laws or regulations (b) If upon inspection, any water sup- applicable to privately owned lands ply or sewage disposal system is found within Olympic National Park, the lat- by the inspecting officer not to be in ter shall prevail. conformance with established State (f) Snowmobile use. (1) The use of and county standards and it is found snowmobiles is prohibited except in 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 cutting timber on privately owned (iii) Boulder Creek Road from Glines lands within that portion of Olympic Canyon Dam to the end of the road. National Park over which jurisdiction (iv) North Fork Quinault Road from has been ceded by the State of Wash- the end of the plowed portion to the ington to the United States of America North Fork Ranger Station. shall comply with the standards con- (v) South Shore Road from the end of cerning forest practices established the plowed portion to the Graves Creek from time to time by or pursuant to Ranger Station. the laws of the State of Washington (2) [Reserved] which would apply to such operations [24 FR 11045, Dec. 30, 1959, as amended at 34 if they were not being conducted in FR 5844, Mar. 28, 1969; 34 FR 6331, Apr. 10, Olympic National Park and personnel 1969; 35 FR 10359, June 25, 1970; 35 FR 14133, of the Park will consult and cooperate Sept. 5, 1970; 46 FR 37896, July 23, 1981; 47 FR with State officials in the administra- 54930, Dec. 7, 1982; 48 FR 1488, Jan. 13, 1983; 48 tion of this regulation. Although forest FR 30295, June 30, 1983] practices standards established from time to time by or pursuant to the § 7.29 Gateway National Recreation laws of the State of Washington shall Area. apply, no person, firm, or corporation (a) Operation of motor vehicles. The op- harvesting timber, on such privately eration of motor vehicles, other than

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authorized emergency vehicles, is pro- area, coordination with other visitor hibited outside of established public uses. roads and parking areas, except on (c) Public lewdness. Section 245.00 of beaches and oversand routes designated the New York Penal Code is hereby by the Superintendent by the posting adopted and incorporated into the reg- of appropriate signs and identified on ulations of this part. Section 245.00 pro- maps available at the office of the Su- vides that: perintendent. These beaches and routes A person is guilty of public lewdness when will be designated after consideration he intentionally exposes the private and inti- of the criteria contained in sections 3 mate parts of his body in a lewd manner or and 4 of E.O. 11644, (37 FR 2877) and commits any other lewd act (a) in a public § 4.10(b) of this chapter. place, or (b) in private premises under cir- (b) Off-road vehicle operation. (1) Oper- cumstances in which he may readily be ob- ation of motor vehicles, (including the served from either a public place or from other private premises, and with intent that various forms of vehicles used for trav- he be so observed. el oversand, such as but not limited to, ‘‘beach buggies’’) on beaches or on des- [41 FR 19220, May 11, 1976, as amended at 44 ignated oversand routes without a per- FR 44157, July 27, 1979; 52 FR 10686, Apr. 2, 1987] mit from the Superintendent is prohibited. Before a permit will be issued, § 7.30 Devils Tower National Monu- each vehicle will be inspected to assure ment. that it contains the following equip- (a) Climbing. Registration with a park ment which must be carried in the ve- ranger is required prior to any climb- hicle at all times while on the beaches ing above the talus slopes on Devils or on the designated oversand routes: Tower. The registrant is also required (i) Shovel; to sign in immediately upon comple- (ii) Jack; tion of a climb in a manner specified (iii) Tow rope or chain; by the registering ranger. (iv) Board or similar support; (v) Low pressure tire gauge. [42 FR 20462, Apr. 20, 1977] Prior to the issuance of such permits, § 7.31 Perry’s Victory and Inter- operators must show compliance with national Peace Memorial. Federal and State regulations and applicable 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 [47 FR 55392, Dec. 9, 1982] ruts or holes, the ruts or holes shall be filled by the operator of such vehicle § 7.32 Pictured Rocks National Lake- before it is removed from that area. shore. (5) The operation of a motorcycle on (a) Snowmobiles. (1) Snowmobile use is an oversand vehicle route or beach is permitted on designated portions of prohibited. roadways and lakes in Pictured Rocks (6) The Superintendent may establish National Lakeshore. The designated limits on the number of oversand vehi- routes for snowmobiles will be confined cles permitted on designated oversand to the frozen waters of Lake Superior, routes and beaches when such limita- Grand Sable Lake, on the major lake- tions are necessary in the interest of shore visitor use roads that are public safety, protection of the ecologi- unplowed, or on road shoulders of cal and environmental values of the plowed park roads in conformance with

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State law. The designated snowmobile 100 feet of Miners Falls parking lot, routes are: trail and associated platforms. (i) The Sand Point Road from the (iii) The area within 100 feet of: the park boundary to Lake Superior. Chapel Falls parking lot; the Little (ii) The woodlands road from the Beaver backpacker parking lot; the park boundary off City Limits Road Twelvemile Beach picnic area parking southwest to Becker Farm and down to lot; the Log Slide parking lot, plat- the Sand Point Road. forms and walkways; the Grand Sable (iii) The road to Miner’s Falls, Min- Lake picnic area and parking lot; the er’s Castle parking area, and the Min- Grand Sable Lake boat launch and er’s Beach parking area. parking lot; the Grand Sable Lake (iv) The road from the park boundary overlook parking lot. in section 32, T48N, R17W, to the end of the road to Chapel Falls. (iv) The area within 150 yards of any (v) The road from Country Road H–58 structure at the Au Sable Light Sta- at the park boundary to the Little Bea- tion, and within 100 feet of the trail be- ver Lake Campground. tween the lower Hurricane River Camp- (vi) The road from County Road H–58 ground and the light station. to the Twelvemile Beach Campground. (v) The area within 150 yards of the (vii) The road from County Road H–58 Sable Falls parking lot and building, to the Hurricane River Campground. including the viewing platforms and as- (viii) The road from County road H–58 sociated walkway system to the mouth to the Log Slide. of Sable Creek. Also included is the (ix) The section of Michigan Dimen- area 100 feet from the centerline of the sion Road from the park boundary to paved Sable Falls Road. the Log Slide. (vi) The area within 150 yards of: the (x) The frozen waters of Lake Supe- Grand Sable Visitor Center parking lot rior and Grand Sable Lake. and barn; the structures comprising (2) Maps showing designated routes the Grand Marais quarters and mainte- shall be available at park headquarters nance facility. and at ranger stations. (vii) The 8.6 acre tract comprising (3) Snowmobile use outside des- structures and lands administered by ignated routes is prohibited. The prohibition shall not apply to emergency ad- the National Park Service on Coast ministrative travel by employees of Guard Point in Grand Marais. the National Park Service or law en- (3) Hunting season. Hunting is prohib- forcement agencies. ited park wide during the period of (b) Fishing. Unless otherwise des- April 1 through Labor Day. ignated, fishing in a manner authorized (d) Personal Watercraft (PWC). (1) under applicable State law is allowed. PWC are allowed on the waters within (c) Hunting. The following lakeshore Pictured Rocks National Lakeshore, areas are closed to hunting: from the western boundary of the lake- (1) Sand Point area. All that portion shore to the east end of Miners Beach. of Sand Point described as the area (2) PWC may be launched only from a below the top of the bluff in Sections 19 designated launch site at Sand Point. and 30, T47N, R18W, and that area situ- (3) PWC users may beach their craft ated within the corporate limits of the only at Sand Point Beach and Miners City of Munising, including the Sand Beach. Point Road. (4) The Superintendent may tempo- (2) Developed public use areas. (i) The rarily limit, restrict, or terminate ac- area within 150 yards of any campsite cess to the areas designated for PWC located within the Little Beaver, use after taking into consideration Twelvemile Beach, and Hurricane public health and safety, natural and River Campgrounds. (ii) The area within 150 yards of the cultural resource protection, and other Miners Castle overlooks, paved walk- management activities and objectives. ways and vehicle parking lot. Also 100 [47 FR 54932, Dec. 7, 1982, as amended at 49 feet from the centerline of the paved FR 18450, Apr. 30, 1984; 60 FR 47703, Sept. 14, Miners Castle Road and the area within 1995; 70 FR 61905, Oct. 27, 2005]

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§ 7.33 Voyageurs National Park. any developed facility, boat dock, float, pier, ramp or beach. (a) Fishing. Unless otherwise des- (3) Aircraft may taxi to and from a ignated, fishing in a manner authorized dock or ramp designated for their use under applicable State law is allowed. for the purpose of mooring and must be (b) Snowmobiles. (1) The following operated with due care and regard for lakes and trails within Voyageurs Na- persons and property and in accordance tional Park are open to snowmobile with any posted signs or waterway use: markers. (i) The frozen waters of Rainy, (4) Areas within the designated lakes Kabetogama, Namakan, Mukooda, Lit- may be closed to aircraft use by the tle Trout and Sand Point Lakes. Superintendent taking into consider- (ii) The Moose River Railroad Grade ation public safety, wildlife manage- from the park boundary north to Ash ment, weather and park management River, and then east to Moose Bay, objectives. Namakan Lake. (iii) The portage trail between Grassy [49 FR 18450, Apr. 30, 1984, as amended at 56 FR 3421, Jan. 30, 1991; 60 FR 39258, Aug. 2, Bay and Little Trout Lake. 1995] (iv) The Chain of Lakes Trail from its intersection with the Black Bay to § 7.34 Blue Ridge Parkway. Moose Bay portage, across Locator, (a) Snowmobiles. After consideration War Club, Quill, Loiten, and Shoepack of any special situations, i.e. Lakes, to Kabetogama Lake. prescheduled or planned park activities (2) Snowmobile use is allowed across such as conducted hikes or winter bird the following marked safety portages: and wildlife counts, and depending on Black Bay to Moose Bay, Lost Bay to local weather conditions, the Super- Saginaw Bay, Laurins Bay to Kettle intendent may allow the use of snow- Falls, Squirrel Narrows, Squaw Nar- mobiles on the paved motor road and rows, Grassy Bay, Namakan Narrows, overlooks used by motor vehicle traffic Swansons Bay, Mukooda Lake to Sand during other seasons between U.S. 220, Point Lake (north), Mukooda Lake to Milepost 121.4 and Adney Gap, Milepost Sand Point Lake (south), Mukooda 136.0. The public will be notified of Lake to Crane Lake, Tar Point, Kohler openings through the posting of signs. Bay, and Sullivan Bay to Kabetogama (b) Fishing. (1) Fishing is prohibited Lake. from one-half hour after sunset until (3) The Superintendent may deter- one-half hour before sunrise. mine yearly opening and closing dates (2) Fishing from the dam at Price for snowmobile use, and temporarily Lake or from the footbridge in Price close trails or lake surfaces, taking Lake picnic area in Watauga County, into consideration public safety, wild- N.C., and from the James River Park- life management, weather, and park way Bridge in Bedford and Amherst management objectives. Counties, Va., is prohibited. (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

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single hook artificial flies is prohib- and establish conditions under which ited. the digging of bait for personal use is (B) On all of the above-designated allowed. waters in North Carolina the daily (3) The Superintendent may des- creel and size limits shall be posted ignate times when and locations where around the lake shorelines and along and establish conditions under which the stream banks. the collection of terrestrial and aquat- (ii) Virginia. Peaks of Otter Lake in ic insects for bait for personal use is al- Bedford County, Va. lowed. (A) On the above-designated water in (4) Violating a designation or condi- Virginia the use of bait other than ar- tion established by the Superintendent tificial lures having one single hook is is prohibited. prohibited. (b) Frogs, Turtles and Crayfish. (1) The (B) On the above-designated water in Superintendent may designate times Virginia the daily creel and size limits and locations and establish conditions shall be as posted on the lake shore- governing the taking of frogs, turtles line. and crayfish for personal use. (4) Prohibited bait in waters in para- (2) Violating a designation or condi- graphs (b)(3) (i) and (ii) of this section: tion established by the Superintendent Possession of or use as bait of insects, is prohibited. worms, and other similar organic bait or parts thereof adjacent to, on, or in (c) Motorized Vessels. (1) Except for a streams or lakes while in possession of vessel propelled by a gasoline, diesel or fishing tackle, is prohibited. other internal combustion engine with (c) Powerless flight. The use of devices a rating of 10 horsepower or less, oper- designed to carry persons through the ating a motorized vessel from Erbie air in powerless flight is allowed at Ford to the White River is prohibited. times and locations designated by the (2) Operating a vessel propelled by a superintendent, pursuant to the terms motor is prohibited above Erbie Ford. and conditions of a permit. (3) The provisions of paragraph (c) do (d) Boating. (1) The use of any vessel, not apply to a vessel operated for offi- as defined in § 3.1 of this chapter on the cial use by an agency of the United waters of the Blue Ridge Parkway is States, the State of Arkansas or one of prohibited except on the waters of its political subdivisions. Price Lake. [52 FR 19343, May 22, 1987] (2) Vessels using Price Lake shall be restricted to vessels propelled solely by § 7.36 Mammoth Cave National Park. oars or paddles. (a) Fishing—(1) General. Trot and (3) Vessels using Price Lake may be throw lines shall contain hooks which launched only at established or des- are spaced at least 30 inches apart. ignated ramps and shall be removed from the water for the night. Campers (2) Seines. (i) The use of seines is per- shall remove their vessels from the mitted only in the following runs and water to their campsites at night. creeks to catch minnows and crawfish for bait: Bylew, First, Second, Pine, [24 FR 11032, Dec. 30, 1959, as amended at 34 Big Hollow, Buffalo, Ugly, Cub, Blow- FR 11969, July 16, 1969; 36 FR 20945, Nov. 2, ing Spring, Floating Mill Branch, Dry 1971; 37 FR 20247, Sept. 28, 1972; 42 FR 61042, Branch, and Mill Branch. Dec. 1, 1977; 46 FR 39818, Aug. 5, 1981; 48 FR × 30295, June 30, 1983; 49 FR 18450, Apr. 30, 1984; (ii) Seines shall not exceed 4 6 feet 52 FR 10686, Apr. 2, 1987; 52 FR 20388, June 1, and the mesh shall not be larger than 1987] one-quarter inch. (3) Live bait. (i) Worms are the only § 7.35 Buffalo National River. form of live bait which may be used in (a) Fishing. (1) Unless otherwise des- the Sloans Crossing Pond (also known ignated by the Superintendent, fishing as Beaver Pond), Green Pond, Doyle in a manner authorized under applica- Pond, and First Creek Lake. Live min- ble State law is allowed. nows and worms may be used in all (2) The Superintendent may des- other waters. ignate times when and locations where (ii) [Reserved]

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(b)(1) Cave entry. Except for those and the SW1⁄4 of sec. 34, T. 67 N., R. 33 portions of the caves open to the gen- W. eral public, no person shall enter any (2) The portion of Rock Harbor lo- cave within the boundaries of the park cated in the SE1⁄4 of sec. 13, the N1⁄2 of without first obtaining a permit from sec. 24, T. 66 N., R. 34 W., and the W1⁄2 the Superintendent. Permits will be of sec. 18, T. 66 N., R. 33 W. issued to persons who are qualified and (3) The portion of Washington Harbor experienced in cave exploration, who located in the N1⁄2 of sec. 32, all of sec. possess the needed equipment for safe 29, SE1⁄4 of sec. 30, and the E1⁄2 of sec. entry and travel, and who are engaged 31, T. 64 N., R. 38 W. in scientific research projects which in (b) Underwater diving. No person shall the opinion of the Superintendent are undertake diving in the waters of Isle compatible with the purpose for which Royale National Park with the aid of the park was established. underwater breathing apparatus with- (2) Persons on guided cave tours must out first registering with the Super- stay on the established designated intendent. trails and remain with the guides and (c) Mammals. Dogs, cats, and other tour group at all times. Exploration of mammals may not be brought into or side passages, going ahead of the lead possessed in the park area, except for guide and tour group or dropping be- guide dogs accompanying the blind. hind the following guide or tour group [35 FR 7793, May 21, 1970, as amended at 42 is prohibited. FR 21777, Apr. 29, 1977] (3) Persons on ‘‘self-guided’’ or ‘‘semi-guided’’ cave tours must stay in § 7.39 Mesa Verde National Park. the established, designated trails at all (a) Visiting of cliff dwellings is pro- times. Exploration of side passages or hibited except when persons are accom- taking alternate routes is prohibited. panied by a uniformed National Park [36 FR 506, Jan. 14, 1971, as amended at 42 FR Service employee. However, the Super- 31454, June 21, 1977; 48 FR 30295, June 30, 1983] intendent may issue special written permits to persons engaged in sci- § 7.37 Jean Lafitte National Historical entific investigations authorizing such Park. persons to visit the cliff dwellings (a) Fishing. (1) Unless otherwise des- without escort. The Superintendent ignated, fishing in a manner authorized shall approve issuance of a permit pro- under applicable State law is allowed. vided: (2) Within the Barataria Marsh unit, (1) That the investigation plan pro- the superintendent may designate posed, in purpose and in execution, is times and locations and establish con- compatible with the purposes for which ditions governing the taking of cray- the park was established; fish upon a written determination that (2) That the investigation proposed the taking of crayfish: will not jeopardize the preservation of (i) Is consistent with the purposes for park resources; which the unit was established; and (3) That the study undertaken will (ii) Will not be detrimental to other have demonstrable value to the Na- park wildlife or the reproductive po- tional Park Service in its management tential of the species to be taken; and or understanding of park resources; (iii) Will not have an adverse effect and on the ecosystem. (4) That the permit applicants are (3) Violation of established condi- adequately experienced and equipped tions or designations for the taking of so as to insure that the objectives of crayfish is prohibited. paragraphs (a) (1), (2), and (3) of this section will be obtained. [49 FR 18450, Apr. 30, 1984] (b) Hiking is permitted only on trails designated for that purpose by the Su- § 7.38 Isle Royale National Park. perintendent by the posting of appro- (a) Aircraft, designated landing areas. priate signs or by marking on a map (1) The portion of Tobin Harbor located which shall be available for inspection in the NE1⁄4 of sec. 4, T. 66 N., R. 33 W.; by the public at park headquarters and the SE1⁄4 of sec. 33, T. 67N., R. 33 W., other convenient locations within the

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park. Persons hiking on the Pictograph sion shall be 25 fish, except that min- Point or Spruce Canyon Trails must nows caught for bait shall not be ac- register in advance with the Super- countable for the purpose of this sec- intendent. tion. (c) Commercial automobiles and buses. The prohibition against the admission [24 FR 11049, Dec. 30, 1959, as amended at 27 FR 8616, Aug. 29, 1962; 52 FR 10686, Apr. 2, of commercial automobiles and buses 1987] to Mesa Verde National Park, contained in § 5.4 of this chapter shall be § 7.42 Pipestone National Monument. subject to the following exceptions: Motor vehicles operated on an infre- (a) An American Indian desiring to quent and nonscheduled tour on which quarry and work ‘‘catlinite’’ pipestone the visit to the park is an incident to shall first secure a permit from the Su- such tour, carrying only round trip perintendent. The Superintendent shall passengers traveling from the point of issue a permit to any American Indian origin of the tour, will be accorded ad- applicant, Provided, that: (1) In the mission to the park upon establishing judgment of the Superintendent, the to the satisfaction of the Super- number of permittees then quarrying intendent that the tour originated or working the pipestone is not so from such place and in such manner as large as to be inconsistent with preser- not to provide, in effect, a regular and vation of the deposit and (2) a suitable duplicating service conflicting with, or area is available for conduct of the opin competition with, the services pro- eration. The permit shall be issued vided for the public pursuant to con- without charge and shall be valid only tract authorization with the Secretary. during the calendar year in which it is issued. [24 FR 11049, Dec. 30, 1959, as amended at 37 (b) An American Indian desiring to FR 23334, Nov. 2, 1972] sell handicraft products produced by § 7.40 Hopewell Village National His- him, members of his family, or by toric Site. other Indians under his supervision or under contract to him, including (a) Fishing. (1) Fishing between sun- pipestone articles, shall apply to the set and sunrise is prohibited. Superintendent. The Superintendent [24 FR 11049, Dec. 30, 1959, as amended at 33 shall grant the permit provided that (1) FR 3227, Feb. 21, 1968] in his judgment the number of permittees selling handicraft products is not § 7.41 Big Bend National Park. so large as to be inconsistent with the (a) Fishing; closed waters. Special enjoyment of visitors to the Pipestone ponds and springs reserved for species National Monument and (2) a suitable of rare fish are closed to fishing and area is available for conduct of the op- bait collecting. The taking or release eration. The permit shall be issued of any form of fish life in these ponds without charge and shall be valid only 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 be posted as closed to fishing and bait [34 FR 5377, Mar. 19, 1969] collecting and molestation. (b) Fishing; method. (1) Fishing with § 7.43 Natchez Trace Parkway. pole and line, rod and reel, and trot and (a)–(b) [Reserved] throw line is permitted all year from (c) Vehicles—(1) Trucks. Trucks over the United States side of the Rio one ton rated capacity are not per- Grande. mitted on the parkway. Trucks, not ex- (2) Use of seine. The use of seines and ceeding one ton rated capacity, are per- nets is prohibited except minnow mitted to travel on the Natchez Trace seines no greater than 20 feet in length Parkway when used solely for trans- may be used for taking of minnows for portation of persons, their baggage, bait. camping equipment and related arti- (c) Fishing; limit of catch. The limit of cles for recreational purposes only. catch per person per day or in posses- Trucks used for the purpose of hauling

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non-recreational materials are not per- must be equipped with safety chains mitted. that are so connected to the towed and (2) Animal-drawn vehicles. Animal- towing vehicles and to the tow bar drawn vehicles or implements are pro- that, if the tow bar fails, it will not hibited on the main parkway road. drop to the ground and the chains shall (3) Farm vehicles. Farm vehicles, in- be of sufficient strength to prevent cluding agricultural implements, with breakaway of the towed vehicle in the or without load carrying capacity, and event of such tow bar failure. The whether or not self-propelled, are pro- towed vehicle must be equipped with hibited on the parkway, except when brakelights, taillights, and signal such travel is authorized by the Super- lights in accordance with applicable intendent or when such travel is in State regulations. The towing vehicle connection with the construction, op- and towed vehicle must not exceed 55 eration, or maintenance of the park- feet in length. way. (d) Beer and alcoholic beverages. The (4) Recreational vehicles. Recreational possession of beer or any alcoholic bev- vehicles, including but not limited to erage in an open or unsealed container self-propelled mobile homes, campers, is prohibited, except in designated pic- housetrailers, and vehicles up to 11⁄2 nic, lodging, residence, and camping ton rated capacity, when such rec- areas. reational vehicles are used solely to [34 FR 9751, June 24, 1969, as amended at 39 carry persons for recreational purposes FR 30833, Aug. 26, 1974; 48 FR 30295, June 30, together with their baggage, camping 1983; 52 FR 10686, Apr. 2, 1987] equipment, and related articles for vacation or recreational purposes, are § 7.44 Canyonlands National Park. permitted on the parkway. (a) Motorized Vehicle Use. Motorized (5) Trailers. Trailers are permitted vehicles are prohibited in Salt Creek when used non-commercially to trans- Canyon above Peekaboo campsite. port baggage, camping equipment, (b) [Reserved] horses for recreational riding, small boats and other similar items used for [69 FR 32876, June 14, 2004] vacation or recreational purposes, provided they meet the following criteria: § 7.45 Everglades National Park. (i) Utility type trailers must be en- (a) Information collection. The infor- closed or covered and are not to exceed mation collection requirements con- 5 feet by 8 feet. tained in this section have been ap- (ii) Trailers must be equipped with proved by the Office of Management red taillights, red stoplights and me- and Budget under 44 U.S.C. 3501 et.seq., chanical turn signals. Clearance lights and assigned clearance number 1024– are required on trailers over 6 feet 0026. This information is being col- high. lected to solicit information necessary (iii) Only one trailer of any type may for the Superintendent to issue permits be towed by any one vehicle along the used to grant administrative benefits. parkway. The towing vehicle and trail- The obligation to respond is required in er must not exceed 55 feet in length. order to obtain a benefit. (6) Buses. Commercial passenger car- (b) Prohibited conveyances. Only hand- rying buses, when used for touring pur- propelled vessels may be operated upon poses, may travel the Natchez Trace those areas of emergent vegetation Parkway by obtaining special written commonly called marshes, wetlands, or permission in advance from the Super- ‘‘the glades.’’ Operation of a motorized intendent or his representative. School vessel in such areas is prohibited. buses may travel on the parkway with- (c) Definitions. The following defini- out such written permission when tions shall apply to this section: transporting people for special rec- (1) Ballyhoo means a member of the reational or educational purposes. genus Hemiramphus (family: (7) Towed vehicles other than trailers. Exocoetidae). Such vehicles must be towed with a (2) Cast net means a type of circular rigid tow bar which does not require a falling net, weighted on its periphery, driver for the towed vehicle. Tow bar which is thrown and retrieved by hand.

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(3) Commercial fishing means the ac- (ii) All waters in T.54 S., R. 36 E., sec- tivity of taking or harvesting, or at- tions 19, 30, and 31, and in T. 55 S., R. tempting to take or harvest any edible 36 E., sections 6, 7, 18, 19, and 30, meas- or non-edible form of fresh or salt ured from Tallahassee meridian and water aquatic life for the purpose of base, in the vicinity of Shark Valley sale or barter. Loop Road from Tamiami Trail south. (4) Dipnet means a hand-held device (4) A person engaged in guide fishing for obtaining bait, the netting of which must possess a guide fishing permit is fastened in a frame. issued by the Superintendent and ad- (5) Guide fishing means the activity, ministered under the terms of § 1.6 of of a person, partnership, firm, corpora- this chapter. Guide fishing without a tion, or other commercial entity to valid permit is prohibited. provide fishing services, for hire, to (5) Except for taking finfish, shrimp, visitors of the park. bait, crabs, and oysters, as provided in (6) Minnow means a fish used for bait this section or as modified under 36 from the family Cyprinodointidae, Poeciliidae, or Atherinidae. CFR 1.5, the taking, possession, or dis- (7) Mojarra or ‘‘goats’’ means a mem- turbance of any fresh or saltwater ber of the family Gerreidae. aquatic life is prohibited. (8) Oyster means a mollusk of the (6) Methods of taking. Except as pro- suborder Ostraeaccea. vided in this section, only a closely at- (9) Personal watercraft means a vessel tended hook and line may be used for powered by an outboard motor, water- fishing activities within the park. jet or an enclosed propeller or impeller (i) Crabbing for stone or blue crabs system, where persons ride standing, may be conducted using attended gear sitting or kneeling primarily on or be- only and no more than five (5) traps per hind the vessel, as opposed to standing person. Persons using traps must re- or sitting inside; these craft are some- main within one hundred (100) feet of times referred to by, but not limited those traps. Unattended gear or use of to, such terms as ‘‘wave runner,’’ ‘‘jet more than five (5) traps per person is ski,’’ ‘‘wet bike,’’ or ‘‘Sea-doo.’’ prohibited. (10) Pilchard means a member of the (ii) Shrimp, mullet, and bait fish herring family (Clupeidae), generally (minnows, pilchards, pinfish, mojarras, used for bait. ballyhoo or bait mullet (less than eight (11) Pinfish means a member of the (8) inches in total length) may be taken genus Lagodon (family: Spiradae). with hook and line, dipnet (not exceed- (d) Fishing. (1) Fishing restrictions, ing 3 feet at its widest point) or cast based on management objectives de- net, for use as bait or personal con- scribed in the park’s Resources Man- sumption. agement Plan, are established annually (iii) A dipnet or cast net may not be by the Superintendent. dragged, trawled, or held suspended in (2) The Superintendent may impose the water. closures and establish conditions or re- (7) Tagging, marking, fin clipping, strictions, in accordance with proce- mutilation or other disturbance to a dures found at §§ 1.5 and 1.7 of this caught fish, prior to release is prohib- chapter, on any activity pertaining to ited without written authorization fishing, including, but not limited to from the Superintendent. species of fish that may be taken, seasons and hours during which fishing (8) Fish may not be fileted while in may take place, methods of taking, and the park, except that: size, creel and possession limits. (i) Up to four (4) filets per person (3) The following waters are closed to may be produced for immediate cook- fishing: ing and consumption at designated (i) All waters of T. 58 S., R. 37 E., sec- campsites or on board vessels equipped tions 10 through 15, inclusive, meas- with cooking facilities. ured from Tallahassee meridian and (ii) Fish may be fileted while at the base, in the vicinity of Royal Palm Vis- designated park fish cleaning facilities, itor Center, except Hole in the Donut before transportation to their final des- or Hidden Lake, and Pine Island Lake. tination.

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(9) Nets and gear that are legal to use small lakes on Cape Sable inland from in State waters, and fish and other edi- Lake Ingraham; Cuthbert, Henry, Lit- ble or non-edible sea life that are le- tle Henry, Seven Palm, Middle, Mon- gally acquired in State waters but are roe, Long, and the Lungs Lakes; Alli- illegal to possess in the waters of Ever- gator Creek from the shoreline of Gar- glades National Park may be trans- field Bight to West Lake; all inland ported through the park only over In- creeks and lakes north of Long Sound, dian Key Pass, Sand Fly Pass, Rabbit Joe Bay, and Little Madeira Bay ex- Key Pass, Chokoloskee Pass and across cept those ponds and lakes associated Chokoloskee Bay, along the most di- with Taylor River. rect route to or from Everglades City, (6) Except to effect a rescue, or un- Chokoloskee Island or Fakahatchee less otherwise officially authorized, no Bay. person shall land on keys of Florida (i) Boats traveling through these pas- Bay except those marked by signs de- sages with such nets, gear, fish, or noting the area open, or on the main- other edible products of the sea must land shorelines from Terrapin Point remain in transit unless disabled or eastward to U.S. Highway 1, including weather and sea conditions combine to the shores of all inland bays and waters make safe passage impossible, at which and those shorelines contiguous with time the boats may be anchored to Long Sound, Little Blackwater Sound, await assistance or better conditions. and Blackwater Sound. (ii) [Reserved] (7) West Lake Pond and West Lake (e) Boating. (1) The Superintendent shall be closed to all vessels when they may close an area to all motorized ves- are being used by feeding birds. At all sels, or vessels with motors greater other times, these areas shall be open than a specified horsepower, or impose only to hand-propelled vessels or Class other restrictions as necessary, in ac- A motorboats powered by motors not cordance with §§ 1.5 and 1.7 of this chap- to exceed 6 horsepower. ter. (8) Vessels used as living quarters (2) For purposes of this section, a ves- shall not remain in or be operated in sel in which the motor(s) is (are) re- the waters of the Park for more than 14 moved from the gunnels or transom days without a permit issued by the and stored to be inoperable, is consid- Superintendent. Said permit will pre- ered to be not motorized. scribe anchorage location, length of (3) The following areas are closed to stay, sanitary requirements and such all vessels: other conditions as considered nec- (i) T. 54 S., R. 36 E., sections 19, 30, 31; essary. T. 55 S., R. 36 E., sections 6, 7, 18, 19, (f) Violation of any of the provisions and 30, bordering the Shark Valley of § 7.45 is prohibited. Loop Road from the Tamiami Trail south. [59 FR 58785, Nov. 15, 1994; 60 FR 6022, Feb. 1, (ii) Eco Pond, Mrazek Pond, Royal 1995, as amended at 72 FR 13706, Mar. 23, 2007] Palm Ponds except for Hidden Lake, Parachute Key ponds north of the Main § 7.46 Virgin Islands Coral Reef Na- Park Road, and Lake Chekika. tional Monument. (4) The following inland fresh water (a) Extractive uses. (1) All extractive areas are closed to the use of motorized uses are prohibited within the bound- vessels: Coot Bay Pond, Nine Mile aries of the Monument, including, but Pond, Paurotis Pond, Sweetbay Pond, not limited to, harvest or collection of Big Ficus Pond, Sisal Pond, Pine Glade fish, coastal migratory pelagic fish, Lake, Long Pine Key Lake, Tower baitfish, lobsters, conch, whelk, corals, Lake, Hidden Lake, Pine Island, and L– sponges and all associated reef inverte- 67 canal. brates, and sand, water, plants, seeds, (5) The following coastal waters, des- fruit, marine mammals, marine birds, ignated by statute as wilderness (Pub. gas, minerals, and rocks. L. 95–625), are closed to the use of mo- (2) All submerged cultural resources torized vessels: Mud, Bear, East Fox, are protected under the Archeological Middle Fox, Little Fox, and Gator Resource Protection Act and the Aban- Lakes; Homestead Canal; all associated doned Shipwrecks Act.

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(b) Exceptions. (1) Exceptions to pro- (5) No lines or ropes shall be attached hibited extractive uses are limited to to mangroves or other shoreline vege- bait fishing at Hurricane Hole and blue tation. runner (hardnose) line fishing in the [68 FR 16435, Apr. 4, 2003] area south of St. John. The Super- intendent shall issue permits for such § 7.47 Carlsbad Caverns National Park. uses. (a) Cave entry. (1) With the exception (2) Bait fishing shall be permitted of the regular trips into Carlsbad Cav- with cast net at a distance greater erns under the guidance or supervision than ten feet from the seaward edge of of employees of the National Park the mangrove prop root system. Service, no person shall enter any cave (3) A maximum of three gallons of or undeveloped part or passage of any baitfish is allowed per fisherman per cave without a permit. day. (2) Permits. The Superintendent may (4) Blue runner shall be caught using issue written permits for cave entry hand lines and chum (a mixture of without escort only to persons engaged ground up baitfish and sand to attract in scientific or educational investiga- the fish). tions. The Superintendent shall ap- (5) Any fish caught other than blue prove issuance of a permit provided: runner shall be released. (i) That the investigation planned (6) Vessels involved in the catch of will have demonstrable value to the blue runner may use moorings des- National Park Service in its manage- ignated for that purpose. ment or understanding of park re- (c) Marine Operations. No dredging, sources, and excavating, or filling operations of any (ii) That the permit applicant is ade- kind are permitted, and no equipment, quately equipped and experienced so as structures, by-product or excavated to ensure the protection and preserva- materials associated with such oper- tion of park resources. ations may be deposited in or on the (3) Solo exploration. Solo exploration waters or ashore within the boundaries or investigation is not permitted in of the monument. any cave or undeveloped part or passageway of any cave within the park. (d) Wrecks. No person shall destroy or molest, remove, deface, displace or [34 FR 8356, May 30, 1969, as amended at 41 tamper with wrecked or abandoned wa- FR 24123, June 15, 1976; 48 FR 30295, June 30, terborne craft of any type or condition, 1983] submerged cultural resources, or any § 7.48 Lake Mead National Recreation cargo pertaining thereto, unless per- Area. mitted in writing by an authorized official of the National Park Service. (a) Aircraft, designated airstrips. (1)(i) The entire water surface of Lakes Mead (e) Boats. (1) No watercraft shall op- and Mohave are designated landing erate in such a manner, nor shall an- areas, except as restricted in § 2.17 of chors or any other mooring device be this chapter. cast or dragged or placed, so as to (ii) Aircraft may not be operated strike or otherwise cause damage to under power on those water surface any underwater feature. areas designated as special anchorages, (2) All watercraft, carrying pas- including fairways, as defined in 33 sengers, for hire, shall comply with ap- CFR 110.127. plicable regulations and laws of the (2) Temple Bar landing strip, located U.S. Coast Guard and Territory of the at approximate latitude 36°01′ N., ap- Virgin Islands. proximate longitude 114°20′ W. (3) Anchoring will only be permitted (3) Pearce Ferry landing strip, lo- in emergency situations to protect life cated at approximate latitude 30°04′37″ and property. N., approximate longitude 114°02′44″ W. (4) Anchoring shall only be permitted (4) Cottonwood landing strip located from 48 hours prior to landfall of the at approximate latitude 35°29′ N., ap- hurricane to 48 hours following passage proximate longitude 114°40′ W. of the hurricane. (5) [Reserved]

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(6) Echo Bay landing strip located at R65E Portions of Sections 34; T23S; approximate latitude 36°19′ N., approxi- R65E Portions of Sections 1, 2, and 12. mate longitude 114°27′ W. Arizona T30N; R23W Portions of Sec- (b) Powerless flight. The use of devices tions 3, 10, 15, 22, 27, 34; T29N; R23W designed to carry persons through the Portions of Sections 2, 12, 13; T29N; air in powerless flight is allowed except R22W Portions of Sections 18, 19, 20, 29; in harbors, swim beaches, developed and areas, and in other locations des- (iv) In the designated Semiprimitive ignated as closed to this activity. area known as the Muddy River Con- (c) Parking. Vehicles or boat trailers, fluence with Lake Mead (Overton Wild- or vehicle/boat trailer combinations, life Management Area), which is de- may be left unattended for periods up scribed as Nevada T16S; R68E Portions to 7 days, when parked in parking areas adjacent to designated boat of Sections 28, 29, 32, 33 and 34 and T17; launching sites, without written per- R68E; and mission obtained in advance from the (v) In the designated Semiprimitive superintendent. Any vehicle or boat area known as Grand Wash Bay, which trailer or vehicle/boat trailer combina- is described as Arizona T33N; R16W tion which is left in parking areas adja- Portions of Sections 16, 17, 21, 22, 27, 28, cent to designated boat launching sites 29, 33 and 34, and T321⁄2 N; R16W Por- in excess of 7 days without written per- tions of Sections 32 and 33; and mission obtained in advance from the (vi) In the designated Semiprimitive superintendent may be impounded by area known as Bonelli Bay, which is the superintendent. described as Arizona T31N; R20W Por- (d) Fishing. Unless otherwise des- tions of Sections 4, 5, 7, 8, 9, 16, 17, 18, ignated, fishing in a manner authorized 19, 20, 21, 29 and 30. under applicable State law is allowed. (2) A person may not operate a per- (e) The Superintendent may exempt sonal watercraft at a speed in excess of motor vessels participating in a re- flat wake speed within 200 feet of any gatta that has been authorized by per- beach occupied by bathers, boats at the mit issued by the Superintendent from shoreline, or persons in the water or at the noise level limitations imposed by the shoreline. § 3.7 of this chapter. (f) Personal Watercraft. (1) A person (3) After December 31, 2012, no one may launch and operate a personal may operate a personal watercraft that watercraft in park waters or beach a does not meet the 2006 emission stand- personal watercraft on park lands, ex- ards set by EPA for the manufacturing cept in the following areas: of two-stroke engines. A person oper- (i) In the designated Primitive area ating a personal watercraft that meets known as the Gypsum Beds, which is the EPA 2006 emission standards described as Arizona T31N; R20W Por- through the use of direct-injection two- tions of sections 2, 3, 10 and 11; and stroke or four-stroke engines, or the (ii) In the designated Primitive area equivalent thereof, is not subject to known as the Virgin River, which is de- this prohibition and will be allowed to scribed as Nevada T36N; R68E Portions operate as described in this section. of Sections 25, 26, 34, 35, 36; and (4) The Superintendent may limit, re- (iii) In the designated Primitive/ strict, or terminate access to the areas Semiprimitive area in Black Canyon, designated for PWC use after taking from the Willow Beach Harbor to Hoo- into consideration public health and ver Dam, prohibited from the first safety, natural and cultural resource Tuesday following Labor Day weekend protection, and other management ac- through Friday of Memorial Day week- tivities and objectives. end; and prohibited only on Sundays and Mondays from the Sunday of Me- [32 FR 15751, Nov. 16, 1967, as amended at 34 morial Day weekend through the Mon- FR 1950, Feb. 11, 1969; 34 FR 18857, Nov. 26, day of Labor Day weekend, which is de- 1969; 36 FR 21881, Nov. 17, 1971; 38 FR 5245, scribed as Nevada T22S; R65E Portions Feb. 27, 1973; 49 FR 18450, Apr. 30, 1984; 53 FR of Sections 32; T23S; R65E Portions of 29681, Aug. 8, 1988; 68 FR 17306, Apr. 9, 2003; 72 FR 13706, Mar. 23, 2007] Sections 5, 8, 17, 20, 21, 28, 29, 34; T231⁄2S;

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§ 7.49 Cape Lookout National Sea- public health and safety, natural and shore. cultural resource protection, and other (a) Personal watercraft (PWC) may management activities and objectives. be operated within Cape Lookout Na- [71 FR 53031, Sept. 8, 2006] tional Seashore only under the following conditions: § 7.50 Chickasaw Recreation Area. (1) PWC must be operated at flat- (a) Fishing. Unless otherwise des- wake speed; ignated, fishing in a manner authorized (2) PWC must travel perpendicular to under applicable State law is allowed shore; on Arbuckle Reservoir and Veterans (3) PWC may only be operated within Lake. the seashore to access the following sound side special use areas: (b) Personal watercraft (PWC). (1) PWC (i) North Core Banks: may operate on Lake of the Arbuckles except in the following closed areas: Access Location (i) The Goddard Youth Camp Cove. (A) Ocracoke Wallace Channel dock to the demarcation (ii) A 150 foot wide zone around the Inlet. line in Ocracoke Inlet near Milepost 1. picnic area at the end of Highway 110 (B) Milepost 11B Existing sound-side dock at mile post 11B known as ‘‘The Point’’, beginning at approximately 4 miles north of Long Point. the buoy line on the north side of the (C) Long Point .. Ferry landing at the Long Point Cabin picnic area and extending south and area. east into the cove to the east of the (D) Old Drum Sound-side beach near Milepost 19 (as picnic area. Inlet. designated by signs), approximately 1⁄2 mile north of Old Drum inlet (adjacent to (iii) The cove located directly north the cross-over route) encompassing ap- of the north branch of F Loop Road. proximately 50 feet. (iv) A 150 foot wide zone around the Buckhorn Campground D Loop shore- (ii) South Core Banks: line. Access Location (2) PWC may not be operated at greater than flat wake speed in the fol- (A) New Drum Sound-side beach near Milepost 23 (as Inlet. designated by signs), approximately 1⁄4 lowing locations: mile long, beginning approximately 1⁄2 (i) The Guy Sandy arm north of the mile south of New Drum Inlet. east/west buoy line located near Mas- (B) Great Island Carly Dock at Great Island Camp, near Access. Milepost 30 (noted as Island South Core ters Pond. Banks-Great Island on map). (ii) The Guy Sandy Cove west of the buoy marking the entrance to the cove. (iii) Cape Lookout: (iii) Rock Creek north of the east/ west buoy line at approximately Access Location 034°27′50″ North Latitude. (A) Lighthouse A zone 300 feet north of the NPS dock at (iv) The Buckhorn Ramp bay, east of Area North. the lighthouse ferry dock near Milepost 41. the north south line drawn from the (B) Lighthouse Sound-side beach 100 feet south of the Buckhorn Boat Ramp Breakwater Area South. ‘‘summer kitchen’’ to 200 feet north of Dam. the Cape Lookout Environmental Edu- cation Center Dock. (v) A 150 foot wide zone along the (C) Power Sound-side beach at Power Squadron Spit north shore of the Buckhorn Creek arm Squadron Spit. across from rock jetty to end of the spit. starting at the north end of the Buckhorn Boat Ramp Breakwater Dam (iv) Shackleford Banks: and continuing southeast to the Buckhorn Campground D Loop beach. Access Location (vi) The cove south and east of (A) West End Sound-side beach from Whale Creek west Buckhorn Campground C and D Loops. Access. to Beaufort Inlet, except the area between the Wade Shores toilet facility (vii) The cove located east of and the passenger ferry dock. Buckhorn Campground B Loop and adjacent to Buckhorn Campground A (b) The Superintendent may tempo- Loop. rarily limit, restrict or terminate ac- (viii) The second cove east of cess to the areas designated for PWC Buckhorn Campground B Loop, fed by use after taking into consideration a creek identified as Dry Branch.

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(ix) Buckhorn Creek east of the east/ chine and cargo) unless prior permis- west buoy line located at approxi- sion is granted by the superintendent. mately 096°59′3.50″ Longitude, known as (d) Personal Watercraft (PWC). PWC the G Road Cliffs area. may operate within Curecanti National (x) Within 150 feet of all persons, Recreation Area in the following des- docks, boat launch ramps, vessels at ignated areas and under the following anchor, vessels from which people are conditions: fishing, and shoreline areas near camp- (1) PWC may operate and land on grounds. Blue Mesa Reservoir between Beaver (3) PWC may only be launched from Creek and Blue Mesa dam, except that the following boat ramps: PWC may not operate in the buoyed (i) Buckhorn boat ramp. barricaded section in the vicinity of (ii) The Point boat ramp. the dam. (iii) Guy Sandy boat ramp. (2) PWC must operate at ‘‘flat wake’’ (iv) Upper Guy Sandy boat ramp. speeds within Blue Mesa Reservoir in (4) The fueling of PWC is prohibited the following areas upstream of des- on the water surface. Fueling is allowed only while the PWC is away from ignated buoys: the water surface and on a trailer. (i) Soap Creek arm at approximate ° ′ ″ ° ′ ″ (5) The Superintendent may tempo- longitude 107 8 9 N latitude 38 30 16 W. rarily limit, restrict or terminate ac- (ii) West Elk arm at approximate cess to the areas designated for PWC longitude 107°16′45″ N latitude 38°29′43″ use after taking into consideration W. public health and safety, natural and (iii) Cebolla arm at approximate lon- cultural resource protection, and other gitude 107°12′16″ N latitude 38°27′37″ W. management activities and objectives. (iv) Lake Fork arm at approximate ° ′ ″ ° ′ ″ [49 FR 18451, Apr. 30, 1984, as amended at 69 longitude 107 18 19 N latitude 38 27 2 FR 53640, Sept. 2, 2004] W. (3) PWC must operate at ‘‘flat wake’’ § 7.51 Curecanti Recreation Area. speeds in the following areas: (a) Hunting. Hunting is allowed at (i) Within 100’ of shoreline inside Dry times and locations designated as open Creek cove. for hunting. (ii) Within 500’ of shoreline along old (b) Trapping. Trapping is allowed at highway 50 and Bay of Chickens. times and locations designated as open (iii) Within the buoyed area around for trapping. Elk Creek and Lake Fork marinas. (c) Snowmobiles. Snowmobiles are per- (iv) Within the buoyed area at Iola, mitted to operate within the bound- Stevens Creek, and Ponderosa boat aries of Curecanti National Recreation launch. Area provided: (v) From Lake city bridge east to (1) That the operators and machines Beaver Creek. conform to the laws and regulations (vi) Within 100′ of shoreline adjacent governing the use of snowmobiles as to Stevens Creek campground. stated in this chapter and those applicable to snowmobile use promulgated (4) PWC may only be launched from by the State of Colorado where they designated boat launch sites. prove to be more stringent or restric- (5) The Superintendent may tempo- tive than those of the Department of rarily limit, restrict or terminate ac- the Interior. cess to the areas designated for PWC (2) That their use is confined to the use after taking into consideration frozen surface of Blue Mesa Lake, and public health and safety, natural and designated access roads. A map of areas cultural resource protection, and other and routes open to snowmobile use will management activities and objectives. be available in the office of the super- [49 FR 18451, Apr. 30, 1984, as amended at 49 intendent. FR 34480, Aug. 31, 1984; 71 FR 55119, Sept. 21, (3) That for the purposes of this sec- 2006] tion, snowmobile gross weight will be limited to a maximum of 1200 lbs. (ma-

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

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available in the office of the super- Mountain Summit Road; entrance intendent. roads to Wildwood Stable. (c) Personal Watercraft (PWC). (1) (2) Portions of Carriage Paths as fol- PWCs are allowed on the waters within lows: A section of Carriage Path 1.8 Lake Roosevelt National Recreation miles in length from the parking area Area except in the following areas: at the north end of Eagle Lake down (i) Crescent Bay Lake. the east side of the lake to connection (ii) Kettle River above the Hedlund with Park Loop Road at Bubble Pond Bridge. Rest Area. A section of Carriage Path (2) Launch and retrieval of PWC are 0.6 miles in length from Wildwood Sta- permitted only at designated launch ble to connection with Park Loop Road ramps. Launching and retrieval of PWC south of the entrance road to Penob- at Napoleon Bridge launch ramp is pro- scot Mountain Parking Area. hibited. (3) Hio Truck Road from Seawall (3) PWC may land anywhere along Campground north to State Route 102. the shoreline except in designated (4) The paved camper access roads swimming areas. within Seawall Campground. (4) PWC may not be operated at (5) Marshall Brook Truck Road from greater than flat-wake speeds in the Seal Cove Road to Marshall Brook. following locations: (6) Seal Cove Road from Park Bound- (i) Upper Hawk Creek from the wa- ary in Southwest Harbor to State terfall near the campground through Route 102 in Seal Cove. the area known as the ‘‘narrows’’ to (7) Western Mountain Road from the confluence of the lake, marked by Park Boundary west of Worcester ‘‘flat wake’’ buoy(s). Landfill to Seal Cove Pond. (ii) Within 200 feet of launch ramps, (8) The two crossroads connecting marina facilities, campground areas, Western Mountain Road and Seal Cove water skiers, beaches occupied by Road. swimmers, or other persons in the (9) Long Pond Truck Road including water. Spur Road to Pine Hill. (iii) The stretch of the Spokane Arm (10) Lurvey Spring Road from Junc- from 200 feet west of the Two Rivers tion with Long Pond Road in South- Marina on the downstream end, to 200 west Harbor to intersection with Echo feet east of the Fort Spokane launch Lake Beach Road. ramp on the upstream end, above the (11) The Echo Lake Entrance Road vehicle bridge. from State Route 102 to Echo Lake (5) The Superintendent may tempo- Beach Parking Area. rarily limit, restrict or terminate ac- [48 FR 1195, Jan. 11, 1983] cess to the areas designated for PWC use after taking into consideration § 7.57 Lake Meredith National Recre- public health and safety, natural and ation Area. cultural resource protection, and other (a) The operation of motor vehicles management activities and objectives. within the Lake Meredith Recreation [49 FR 18451, Apr. 30, 1984, as amended at 69 Area is prohibited outside of estab- FR 35526, June 25, 2004] lished public roads, parking areas, except within the cutbanks of Blue § 7.56 Acadia National Park. Creek, comprising about 275 acres, and (a) Designated Snowmobile Routes. The except below the 3,000 ft. contour on designated routes for snowmobile shall the following described lands, being be: known as the Rosita Area on the Cana- (1) Park Loop Road (except section dian River flood plain: from Stanley Brook intersection north Beginning at property corner 191 at to the gate at Penobscot Mountain coordinates 536,112.90N and 1,894,857.49E Parking Area) and connecting roads as thence in a straight line S05°14′47″ E, follows: Paradise Hill Road (Visitor 3349.09 ft. to property corner 192, thence Center to Junction Park Loop Road); in a straight line N85°03′12″ E, 6999.38 Stanley Brook Road; Ledgelawn Exten- ft., to property corner 193, thence in a sion Road; Sieur de Monts (gate to straight line N58°29′53″ E, 3737.77 ft., to Loop Road); West Street; Cadillac property corner 194, thence in a

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straight line N51°20′25″ E, 1457.45 ft., to (g) Personal watercraft (PWC). (1) PWC property corner 195, thence in a may operate on Lake Meredith except straight line S74°40′44″ E, 4064.61 ft., to in the following closed areas: stilling property corner 196, thence in a basin below Sanford Dam, within 750 straight line N79°59′22″ E, 3118.40 ft. to feet of the Sanford Dam intake tower, property corner 197A, thence in a and on the waters of the Canadian northeasterly direction to property River. corner 200, thence in a straight line (2) PWC may operate on Lake Mere- N56°24′11″ E, 1073.57 ft., to property cor- dith under the following conditions: ner 201, thence in a straight line (i) Fueling of PWC is prohibited on S80°04′22″ E, 2684.69 ft., to property cor- the lake, except at the marina fuel ner 202, thence in a straight line dock with an attendant providing the N69°21′31″ E, 2974.09 ft. to property cor- fuel service, or onshore and out of the ner 203, thence in a straight line water. S37°59′16″ E, 1538.83 ft., to property cor- (ii) Carrying of fuel in an external or ner 204, thence in a straight line portable container onboard a PWC is N28°36′59″ E, 744.10 ft., to property cor- prohibited. ner 205, thence in a straight line (iii) PWC may only be launched at N00°19′04″ E, 1136.41 ft., to property cor- designated launch sites established by ner 206, thence in a westerly direction the Superintendent in accordance with to property corner 181, thence in a 36 CFR 1.5 and 1.7. straight line S89°51′52″ W, 1434.80 ft. to (iv) PWC may not operate at greater property corner 182, thence in a than flat wake speed in the following straight line N75°53′25″ W, 4267.11 ft., to designated areas: North Turkey Creek, property corner 183, thence in a Bugbee Canyon, North Canyon, North straight line S76°16′20″ W, 3835.45 ft., to Cove, South Canyon, Sexy Canyon, property corner 184, thence in a west- Amphitheater Canyon, the coves be- erly direction to property corner 189, tween day markers 9 and 11, Fritch thence in a straight line S71°35′59″ W, Canyon, Short Creek, Evans Canyon 2901.46 ft., to property corner 190, and Canal Canyon. Flat wake areas are thence in a straight line S78°24′18″ W, designated by buoys marked with ‘‘flat 6506.70 ft. to the point of beginning as wake’’ or other similar markings. The shown on Bureau of Reclamation draw- location of those buoys may be ad- ing number 662–525–1431 dated July 9, justed by the Superintendent based on 1965, such Rosita Area comprising reservoir water levels. about 1,500 acres. (3) The Superintendent may temporarily limit, restrict or terminate ac- (b) Safety Helmets. The operator and cess to the areas designated for PWC each passenger of a motorcycle shall use after taking into consideration wear a safety helmet while riding on a public health and safety, natural and motorcycle in an off-road area des- cultural resource protection, and other ignated in paragraph (a) of this section. management activities and objectives. (c) Powerless flight. The use of devices designed to carry persons through the [36 FR 14694, Aug. 10, 1971, as amended at 40 air in powerless flight is allowed except FR 762, Jan. 3, 1975; 48 FR 30295, June 30, 1983; in locations designated as closed to 49 FR 18451, Apr. 30, 1984; 52 FR 10686, Apr. 2, 1987; 69 FR 30223, May 27, 2004; 72 FR 13706, this activity. The superintendent may Mar. 23, 2007] designate times and locations where such activity is allowed only under the § 7.58 Cape Hatteras National Sea- terms and conditions of a permit. shore. (d) Fishing. Unless otherwise des- (a) Hunting. (1) Lands within the Sea- ignated, fishing in a manner authorized shore on which hunting is legally per- under applicable State law is allowed. mitted are designated as follows: (e) Hunting. Hunting is allowed at (i) Ocracoke Island, except Ocracoke times and locations designated as open village. for hunting. (ii) Hatteras Island, 500 acres, in (f) Trapping. Trapping is allowed at three disconnected strips 250 feet wide times and locations designated as open measuring eastward from mean high for trapping. water mark on Pamlico Sound between

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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 all hunters possessing a North Carolina tive days in any week, Monday through State hunting license and Federal mi- Saturday, and limited to a total of six gratory bird hunting stamp. (6) days during the season. Reserva- (7) Permanent blinds will be con- tions shall have priority over nonres- structed exclusively by the Seashore ervations at drawing time. In the event and these will be built only on Bodie a reservation is to be canceled, the Su- Island. Setting up and use of tem- perintendent shall be informed by the porary or portable blinds by hunters party prior to drawing time for the will be permitted on Hatteras and date or dates of the reservation. Ocracoke Islands. (14) The first departure from a blind (8) Minimum distance between blinds by a person terminates his hunting on Seashore land and ponds within the privilege within Bodie Island for that designated hunting areas will be 300 day and the blinds may be reassigned yards unless other conditions, such as by the Superintendent, Cape Hatteras natural screening, justify a shorter dis- National Seashore Recreational Area, tance. or his duly authorized representative, (9) Hunting on Ocracoke Island will for use by others later the same day. be permitted and managed in the same Vacating parties must check out and manner as Hatteras Island. furnish information regarding their (10) ‘‘Jump shooting’’ of waterfowl take at the checking station on Bodie will be permitted only on Hatteras and Island located near the north boundary Ocracoke Islands and is prohibited of the hunting area. within 300 yards of any blind. (15) Hunters and guides shall provide (11) Properly licensed and authorized their own decoys and are required to guides may provide hunting guide serv- leave the blind which they used in a ice within the designated hunting areas clean, sanitary and undamaged condi- in the Seashore. They will not be per- tion.

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(16) All hunters taking banded fowl (i) A legal resident of an established shall turn in the bands at the check- village. out station. (ii) Possession of a valid North Caro- (17) Details of this plan, interpreta- lina commercial fishing license or en- tions and further information regard- gagement in a joint commercial fishing ing it will be published in local news- venture with a North Carolina com- papers and issued in circular form free mercial fishing licensee. to all interested persons. The permit shall be carried at all times (18) Access to blinds will be by des- while engaged in commercial fishing ignated foot trails. Vehicles will not be and shall be displayed upon request by permitted to drive to the blind sites. the Superintendent or his representa- (19) Trained dogs will be permitted tive. When two or more individuals en- for retrieving providing they are kept gage in a joint commercial fishing ven- under restraint by the hunter. ture involving a splitting of profits or (20) Blinds will be limited to two per- any other assumption of proprietary sons without a guide and three includ- interests, each individual must qualify ing the guide. Only two guns will be for and have a commercial fishing per- permitted in each blind. mit. An employee hired by a permittee (21) All other regulations will be in for a specific wage with no financial in- accordance with the North Carolina terest in the activity need not have a State and Federal migratory bird hunt- permit. ing laws. (4) Revocation of permit. The Super- (b) Definitions. As used in this sec- intendent may revoke the commercial tion: fishing permit of any permittee who (1) Definitions. As used in this part: ceases to meet the criteria of eligi- (i) Seashore. Cape Hatteras National bility set forth in paragraph (c)(3) of Seashore. this section or who violates any Gen- (ii) 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 (iii) 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 (iv) 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. from the Seashore beaches. The permit (6) Sport-fishing Zone. A zone is estab- will be issued on an annual basis com- lished for the protection and enhance- mencing on October 1st of each year. ment of recreational sport-fishing com- (2) Commercial fishing permit required. mencing at Beach Access Ramp No. 22 A commercial fishing permit is re- and continuing south and west along quired before engaging in commercial the ocean shore, including Cape Point fishing from the seashore beaches. (Cape Hatteras), to Beach Access Ramp (3) Permits. Commercial fishing per- No. 30. Within this zone commercial mits may be issued by the Super- fishing, as specified in the Act of Au- intendent or his authorized representa- gust 17, 1937 (50 Stat. 669), is permitted, tive limited to individuals meeting the except between the hours of 12:01 a.m. following criteria of eligibility: on Saturday to 11:59 p.m. on Sunday

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from October 1 through April 30, com- (vi) Each permit holder must affix mercial fishermen are not permitted to the proof of permit, in a manner and haul seines or nets onto the beach location specified by the Super- within the Zone. intendent, to the vehicle covered by (c) Off-road motor vehicle use.—(1) the permit for use off-road. Definitions. In addition to the defini- (3) Vehicle and equipment requirements. tions found in § 1.4 of this chapter, the The following requirements apply for following terms apply in this para- driving off-road: graph (c): (i) The vehicle must be registered, li- ORV means a motor vehicle used off censed, and insured for highway use of park roads (off-road), subject to the and must comply with inspection re- vehicle requirements, prohibitions, and quirements for the state, country, or permitting requirements described in province where the vehicle is reg- this paragraph (c). istered. ORV corridor means the actual phys- (ii) The vehicle may have no more ical limits of the designated ORV route than two axles. in the Seashore. On the landward side, (iii) A towed boat or utility trailer the ORV corridor on Seashore beaches may have no more than two axles. will be marked when possible by posts (iv) Vehicle tires must be listed or that are located seaward of the toe of approved by the U.S. Department of the dune or the vegetation line. On the Transportation. seaward side, the corridor runs to the (v) The vehicle must carry a low- water line, which will not be marked pressure tire gauge, shovel, jack, and by posts unless necessary. Where the jack support board. ocean beach is at least 30 meters wide (4) Vehicle inspection. Authorized per- above the high tide line, the landward sons may inspect the vehicle to deter- side of the corridor will be posted at mine compliance with the require- least 10 meters seaward of the toe of ments of this paragraph (c). the dune. (5) Certain vehicles prohibited. The off- (2) ORV permits. ORV permits are a road operation of a motorcycle, all-ter- form of NPS special park use permits, rain vehicle (ATV), or utility vehicle which are issued and administered by (UTV) is prohibited. the Superintendent and for which the (6) Travel trailers prohibited. The tow- NPS charges a fee to recover its admin- ing of a travel trailer (i.e., a trailer istrative costs. with sleeping or bathroom facilities) (i) A permit issued by the Super- off-road is prohibited. intendent is required to operate a vehi- (7) Special-use permits for off-road driv- cle on designated ORV routes at the ing, temporary use. Special-use permits Seashore. issued under this paragraph are subject (ii) Operation of a motor vehicle au- to resource, safety, and other closures thorized under an ORV permit is lim- implemented under § 7.58(c)(10), and ited to those routes designated in this may only be used in a manner con- paragraph (c). sistent with the terms and conditions (iii) There is no limit to the number of the permit. The Superintendent may of ORV permits that the Super- issue a special-use permit for tem- intendent may issue. porary off-road vehicle use to: (iv) Annual ORV permits are valid for (i) Authorize the North Carolina De- the calendar year for which they are partment of Transportation to use Sea- issued. Seven-day ORV permits are shore beaches as a public way, when valid from the date of issue. necessary, to bypass sections of NC (v) In order to obtain a permit, an ap- Highway 12 that are impassable or plicant must comply with vehicle and closed for repairs; equipment requirements, complete a (ii) Allow participants in regularly short education program in a manner scheduled fishing tournaments to drive and location specified by the Super- in an area if driving was allowed in intendent, acknowledge in writing an that area for that tournament before understanding of the rules governing January 1, 2009; or ORV use at the Seashore, and pay the (iii) Allow vehicular transport of mo- permit fee. bility impaired individuals via the

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shortest, most direct distance from the to present a fish-house receipt from the nearest designated ORV route or Sea- previous 30 days. shore road to a predetermined location (9) ORV routes. The following tables in a beach area in front of a village indicate designated ORV routes. The that is not otherwise open to ORV use. following ramps are designated for off- (8) Commercial fishing vehicles. The road use to provide access to ocean Superintendent, when issuing a com- beaches: 2.5, 4, 23, 25.5, 27, 30, 32.5, 34, 38, mercial fishing permit, may authorize 43, 44, 47.5, 49, 55, 59, 59.5, 63, 67, 68, 70, the holder, when actively engaged in and 72. Designated ORV routes and authorized commercial fishing, to oper- ramps are subject to resource, safety, ate a vehicle off-road. seasonal, and other closures imple- (i) An authorization under this paragraph may allow off-road driving on a mented under § 7.58(c)(10). Soundside beach not otherwise designated for ORV access ramps are described in the ORV use, only if the beach is not sub- table below. For a village beach to be ject to a resource closure or is not a open to ORV use during the winter sea- lifeguarded beach. son, it must be at least 20 meters (66 (ii) An authorization under this para- feet) wide from the toe of the dune sea- graph may allow off-road driving be- ward to mean high tide line. Maps ginning at 5 a.m. on days when night- showing designated routes and ramps driving restrictions are in effect, to set are available in the Office of the Super- or tend haul seine or gill nets, only if intendent and on the Seashore Web the permit holder is carrying and able site.

BODIE ISLAND—DESIGNATED ROUTES

YEAR ROUND ...... Ramp 2.5 (0.5 miles south of the southern boundary of Coquina Beach) to 0.2 miles south of ramp 4.

SEASONAL: September 15 to 0.2 miles south of ramp 4 to the eastern confluence of the Atlantic Ocean and March 14. Oregon Inlet.

HATTERAS ISLAND—DESIGNATED ROUTES

YEAR ROUND ...... 1.5 miles south of ramp 23 to ramp 27. Ramp 30 to ramp 32.5. The following soundside ORV access routes from NC Highway 12 to Pamlico Sound between the villages of Salvo and Avon: soundside ramps 46, 48, 52, 53, 54 and the soundside ORV access at Little Kinnakeet. Ramp 38 to 1.5 miles south of ramp 38. The following soundside ORV access routes from NC Highway 12 to Pamlico Sound between the villages of Avon and Buxton: soundside ramps 57, 58, 59, and 60. 0.4 miles north of ramp 43 to Cape Point to 0.3 miles west of ‘‘the hook.’’ Interdunal route from intersection with Lighthouse Road (i.e., ramp 44) to ramp 49, with one spur route from the interdunal route to the ORV route below. Ramp 47.5 to east Frisco boundary. A soundside ORV access route from Museum Drive to Pamlico Sound near Coast Guard Station Hatteras Inlet. Pole Road from Museum Drive to Spur Road to Pamlico Sound, with one spur route, commonly known as Cable Crossing, to Pamlico Sound and four spur routes to the ORV route below. Ramp 55 southwest along the ocean beach for 1.6 miles, ending at the intersection with the route commonly known as Bone Road.

SEASONAL: November 1 to March 0.1 mile south of Rodanthe Pier to ramp 23. 31. Ramp 34 to ramp 38 (Avon). East Frisco boundary to west Frisco boundary (Frisco village beach). East Hatteras boundary to ramp 55 (Hatteras village beach).

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OCRACOKE ISLAND—DESIGNATED ROUTES

YEAR ROUND ...... Ramp 59 to ramp 63. After ramp 59.5 is constructed, it will replace ramp 59 for ORV access and the route will be from ramp 59.5 to ramp 63. Three routes from NC Highway 12 to Pamlico Sound located north of the Pony Pens, commonly known as Prong Road, Barrow Pit Road, and Scrag Cedar Road. 1.0 mile northeast of ramp 67 to 0.5 mile northeast of ramp 68. A route from NC Highway 12 to Pamlico Sound located near Ocracoke Camp- ground, commonly known as Dump Station Road. 0.4 miles northeast of ramp 70 to Ocracoke inlet. A route from ramp 72 to a pedestrian trail to Pamlico Sound, commonly known as Shirley’s Lane.

SEASONAL: September 15 to A seasonal route 0.6 mile south of ramp 72 from the beach route to a pedes- March 14. trian trail to Pamlico Sound. A seasonal route at the north end of South Point spit from the beach route to Pamlico Sound. November 1 to March 0.5 mile northeast of ramp 68 to ramp 68 (Ocracoke Campground area). 31.

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

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HOURS OF OPERATION/NIGHT DRIVING RESTRICTIONS

November 16–April 30 ...... All designated ORV routes are open 24 hours a day. May 1–September 14 ...... Designated ORV routes in sea turtle nesting habitat (ocean intertidal zone, ocean backshore, dunes) are closed from 9 p.m. to 7 a.m. September 15–November Designated ORV routes in sea turtle nesting habitat (ocean intertidal zone, 15. ocean backshore, dunes) are closed from 9 p.m. to 7 a.m., but the Super- intendent may open designated ORV routes, or portions of the routes, in sea turtle nesting habitat (if no turtle nests remain), 24 hours a day.

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

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§ 7.62 Lake Chelan National Recre- (b) Stock grazing. (1) Privileges for the ation Area. grazing of domestic livestock based on (a) Snowmobiles. After consideration authorized use of certain areas at the of existing special situations, i.e., time of approval of the act of Sep- depth of snow, and depending on local tember 8, 1960 (74 Stat. 857, Pub. L. 86– weather conditions, the superintendent 729), shall continue in effect or shall be may designate as open to the use of renewed from time to time, except for snowmobiles the following locations failure to comply with such terms and within the Lake Chelan National conditions as may be prescribed by the Recreation Area: Superintendent in these regulations (1) All open areas, designated trails and after reasonable notice of default and roadways on public land below the and subject to the following provisions 1320-foot contour line within the of tenure: Stehekin Valley, except cross-country (i) Grazing privileges appurtenant to ski trails and within the perimeter of privately owned lands located within the Buckner Orchard. Snowmobile use the Monument shall not be withdrawn on open public lands or designated until title to the lands to which such trails will be limited to permanent, privileges are appurtenant shall have year-round residents of the Stehekin vested in the United States except for Valley. failure to comply with the regulations (2) That portion of the Stehekin Val- applicable thereto after reasonable no- ley Road normally open to use by tice of default. motor vehicles from the 1320-foot con- (ii) Grazing privileges appurtenant to tour line to the park boundary. privately owned lands located outside (b) Aircraft. The following are des- the Monument shall not be withdrawn ignated as locations where the oper- for a period of twenty-five years after ation of aircraft is allowed: September 8, 1960, and thereafter shall (1) The entire water surface of Lake continue during the lifetime of the Chelan. (2) The Stehekin landing field, lo- original permittee and his heirs if they cated at approximate latitude 48°21′ N, were members of his immediate family approximate longitude 120°43′ W. as described herein except for failure to (c) Weapons. The following location is comply with the regulations applicable designated for target practice between thereto after reasonable notice of de- the hours of sunrise and sunset, subject fault. to all applicable Federal, State, and (iii) Members of the immediate fam- local laws: in the SE 1⁄4 of sec. 8, T. 33 ily are those persons who are related to N., R. 17 E., WM, approximately 100 and directly dependent upon a person yards east of mile point 7 on the or persons, living on or conducting Stehekin Valley Road, a converted bor- grazing operations from lands, as of row pit. September 8, 1960, which the National Park Service recognized as base lands [49 FR 18451, Apr. 30, 1984, as amended at 49 FR 19652, May 9, 1984; 54 FR 48869, Nov. 28, appurtenant to grazing privileges in 1989] the monument. Such interpretation excludes mature children who, as of that § 7.63 Dinosaur National Monument. date, were established in their own (a) Commercial hauling. Ranchers and households and were not directly de- stockmen owning, leasing or renting pendent upon the base lands and appur- private lands, or holding grazing per- tenant grazing recognized by the Na- mits issued by the Bureau of Land tional Park Service. Management on designated grazing al- (iv) If title to base lands lying out- lotments adjacent to the Artesia En- side the monument is conveyed, or trance Road, Blue Mountain Road, and such base lands are leased to someone Deerlodge Park Road, are authorized to other than a member of the immediate use these roads for trucking or hauling family of the permittee as of Sep- ranching and agricultural supplies and tember 8, 1960, the grazing preference materials, including livestock, for use shall be recognized only for a period of in normal ranching and stock growing twenty-five years from September 8, operations. 1960.

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(v) If title to a portion or part of the thorized may be assessed fifty cents per base land either outside or inside the day per cow or horse and ten cents per monument is conveyed or such base day per sheep as damages. lands are leased, the new owner or les- (7) The Superintendent may accept a see will take with the land so acquired written relinquishment or waiver of or leased after September 8, 1960, such any privileges; however, no such relin- proportion of the entire grazing privi- quishment or waiver will be effective leges as the grazing capacity in animal without the written consent of the unit months of the tract conveyed or owner or owners of the base lands. leased bears to the original area to (8) Permits. Terms and conditions. which a grazing privilege was appur- The issuance and continued effective- tenant and recognized. Conveyance or ness of all permits will be subject, in lease of all such base lands will auto- addition to mandatory provisions re- matically convey all grazing privileges quired by Executive Order or law, to appurtenant thereto. the following terms and conditions: (vi) Grazing privileges which are ap- (i) The permittee and his employees purtenant to base lands located either shall use all possible care in preventing inside or outside the monument as of forest and range fires, and shall assist September 8, 1960, shall not be con- in the extinguishing of forest and range veyed separately therefrom. fires on, or within, the vicinity of the (2) Where no reasonable ingress or land described in the permit, as well as egress is available to permittees or in the preservation of good order with- nonpermittees who must cross monu- in the boundaries of the Monument. ment lands to reach grazing allotments (ii) The Superintendent may require or non-Federal lands within the exte- the permittee before driving livestock rior boundary of the monument or ad- to or from the grazing allotment to jacent thereto, the Superintendent will gather his livestock at a designated grant, upon request, a temporary time and place for the purpose of nonfee annual permit to herd stock on counting the same. a designated driveway which shall (iii) Stock will be allowed to graze specify the time to be consumed in only on the allotment designated in each single drive. the permit. (3) After September 8, 1960, no in- (iv) The permittee shall file with the crease in the number of animal unit Superintendent a copy of his stock months will be allowed on Federal brand or other mark. lands in the monument. (v) The permittee shall, upon notice (4)(i) A permittee whose privileges from the Superintendent that the al- are appurtenant to base lands either lotment designated in the permit is not inside or outside the monument may be ready to be grazed at the beginning of granted total nonuse on a year to year the designated grazing season, place no 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

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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 amounts due the National Park Service Special Rules and Regulations of the have been paid. A pro rata adjustment National 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 (c) Snowmobiles. (1) Designated routes 50 percent of the total annual grazing which will be open to smowmobile use fee will be refunded in the event re- are approximately 20 miles of the Harp- duced grazing benefits are taken at the ers Corner Road in Colorado and ap- election of the permittee after his proximately 2 miles of the Cub Creek stock are on the range. Road in Utah. The Harpers Corner (vii) No building or other structure Road section extends from the Plug shall be erected nor shall physical im- Hat Overlook to the Echo Park Road provements of any kind be established Turnoff. The Cub Creek Road section under the permit except upon plans and extends from the Chew Ranch Road, 1 specifications approved by the Na- mile north of the Green River Bridge, tional Park Service. Any such facili- to the point where the Cub Creek Road ties, structures, or buildings may be re- leaves the southern boundary of the moved or disposed of to a successor monument. permittee within three months fol- (2) On roads designated for snow- lowing the termination of the permit; mobile use, only that portion of the otherwise they shall become the prop- road or parking area intended for other erty of the United States without com- motor vehicle use may be used by pensation therefor. snowmobiles. Such roadway is avail- (viii) The permittee shall utilize the able for snowmobile use only when lands covered by the permit in a man- there is sufficient snow cover and when ner approved and directed by the Su- these roads are closed to all other perintendent which will prevent soil motor vehicle use by the public. erosion thereon and on lands adjoining (3) Snowmobile use outside des- same. ignated routes is prohibited. The super- (ix) The right is reserved to adjust intendent shall determine the opening the fees specified in the permit at any and closing dates for use of the des- time to conform with the fees approved ignated snowmobile routes each year. for the Bureau of Land Management, [27 FR 2150, Mar. 16, 1962, as amended at 27 and the permittee shall be furnished a FR 3659, Apr. 18, 1962; 34 FR 7330, May 6, 1969; notice of any change of fees. 49 FR 34481, Aug. 31, 1984; 60 FR 55791, Nov. 3, (x) All livestock are considered as 1995] mature animals at 6 months of age and are so counted in determining animal § 7.64 Petersburg National Battlefield. unit months and numbers of animals. (a) Alcoholic beverages. The possession (xi) The Superintendent may pre- or drinking of alcoholic beverages in scribe additional terms and conditions any public place or in any motor vehi- to meet individual cases. cle is prohibited, except with the writ- (9) The breach of any of the terms or ten permission of the Superintendent. conditions of the permit shall be (b) Maintenance of vehicles. Washing, grounds for termination, suspension, or cleaning, waxing, or lubricating motor reduction of grazing privileges. vehicles or repairing or performing any (10) Appeals from the decision of the mechanical work upon motor vehicles, Superintendent to the Regional Direc- except in emergencies, in any public tor, and from the Regional Director to place is prohibited. the Director shall be made in accord- (c) Definition. As used in paragraphs ance with National Park Service Order (a) and (b) of this section, the term No. 14, as amended (19 FR 8824) and Re- ‘‘public place’’ shall mean any place, gional Director, Order No. 3, as amend- building, road, picnic area, parking ed (21 FR 1494). space, or other portion of Petersburg

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National Battlefield to which the pub- located on the trail to the blind he is lic has access. or has been using. [41 FR 40107, Sept. 17, 1976] (10) Parties in blinds are limited to two hunters and two guns unless other- § 7.65 Assateague Island National Sea- wise posted at the registration box for shore. the blinds. (a) Hunting. (1) Hunting, except with (11) The hunting of upland game shall a shotgun, bow and arrow, or by fal- not be conducted within 300 yards of conry is prohibited. Hunting with a any waterfowl hunting blind during shotgun, bow and arrow, or by means of waterfowl season. falconry is permitted in accordance (12) Hunting on seashore lands and with State law and Federal regulations waters, except as designated pursuant in designated hunting areas. to § 1.5 and § 1.7, is prohibited. (2) Hunting, or taking of a raptor for (b) Operation of oversand vehicles—(1) any purpose is prohibited except as Definitions. In addition to the defini- provided for by permit in § 2.5 of this tions found in § 1.4 of this chapter, the chapter. following terms or phrases, when used (3) A hunter shall not enter upon in this section, have the meanings Service-owned lands where a previous hereinafter respectively ascribed to owner has retained use for hunting pur- them. poses, without written permission of (i) Oversand vehicle. Any motorized such previous owner. vehicle which is capable of traveling (4) Waterfowl shall be hunted only over sand including—but not limited from numbered Service-owned blinds to—over-the-road vehicles such as except in areas with retained hunting beachbuggies, four-wheel-drive vehi- rights; and no firearm shall be dis- cles, pickup trucks, and standard auto- charged at waterfowl from outside of a mobiles. blind unless the hunter is attempting (ii) Self-Contained vehicle. Any towed to retrieve downed or crippled fowl. or self-propelled camping vehicle that (5) Waterfowl hunting blinds in pub- is equipped with a toilet and a perma- lic hunting areas shall be operated nently installed, waste, storage tank within two plans: capable of holding a minimum of 2 days (i) First-come, first-served. volume of material. (ii) Advance written reservation. (iii) Primary dune. Barriers or mounds The superintendent shall determine the of sand which are either naturally cre- number and location of first-come, ated or artificially established bayward first-served and/or advance reservation of the beach berm which absorb or dis- blinds. sipate the wave energy of high tides (6) In order to retain occupancy and coastal storms. rights, the hunter must remain in or (iv) Dunes crossing. A maintained ve- near the blind except for the purpose of hicle accessway over a primary dune 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:

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

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

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Route When you may use the route

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

(3) May I launch a boat from a des- the established track before resuming ignated route? Boat trailering and the original direction of travel. launching by a permitted vehicle from (vi) If you make a rut or hole while a designated open route corridor is per- freeing a stuck vehicle, you must fill mitted. the rut or hole before you remove the (4) What travel restrictions and special vehicle from the immediate area. rules must I obey? You must comply (5) What activities are prohibited? The with all applicable provisions of this following are prohibited: chapter, including part 4, as well as the (i) Driving off a designated oversand specific provisions of this section. route. (i) On the beach, you must drive in a (ii) Exceeding a speed of 15 miles per corridor extending from a point 10 feet hour unless posted otherwise. seaward of the spring high tide drift (iii) Parking a vehicle in an oversand line to the berm crest. You may drive route so as to obstruct traffic. below the berm crest only to pass a (iv) Riding on a fender, tailgate, roof, temporary cut in the beach, and you door or any other location on the out- must regain the crest immediately fol- side of a vehicle. lowing the cut. Delineator posts mark (v) Driving a vehicle across a des- the landward side of the corridor in ignated swimming beach at any time critical areas. when it is posted with a sign prohib- (ii) On an inland oversand route, you iting vehicles. must drive only in a lane designated by (vi) Operating a motorcycle on an pairs of delineator posts showing the oversand route. sides of the route. (6) What special equipment must I have (iii) An oversand route is closed at in my vehicle? You must have in your any time that tides, nesting birds, or vehicle all the equipment required by surface configuration prevent vehicle the Superintendent, including: travel within the designated corridor. (i) Shovel; (iv) When two vehicles meet on the (ii) Tow rope, chain, cable or other beach, the operator of the vehicle with similar towing device; the water on the left must yield, except (iii) Jack; that self-contained vehicles always (iv) Jack support board; have the right of way. (v) Low air pressure tire gauge; and (v) When two vehicles meet on a sin- (vi) Five tires that meet or exceed es- gle-lane oversand route, the operator of tablished standards. the vehicle in the best position to yield (7) What requirements must I meet to must pull out of the track only so far operate an oversand vehicle? You may as necessary to allow the other vehicle operate an oversand vehicle only if you to pass safely, and then must back into first obtain an oversand permit from

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

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(C) Vehicle license plate number and Provincetown Airport approximately State of issue; and one-half mile south of Race Point (D) Number of passenger seats. Beach in the Provincelands area. (11) How will the Superintendent man- (2) Float equipped aircraft may be age the off-road vehicle program? (i) The landed only on federally controlled Superintendent will issue no more than coastal water in accordance with Fed- a combined total of 3400 oversand per- eral, State, and local laws and regula- mits annually, including self-contained tions. permits. (c) Motorboats. Motorboats are pro- (ii) The Superintendent will monitor hibited from all federally owned ponds the use and condition of the oversand and lakes within the seashore in Truro routes to review the effects of vehicles and Provincetown. on natural, cultural, and aesthetic 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 sistent with 36 CFR 1.5 and 1.7 and all the boundaries of Cape Cod National applicable Executive Orders; Seashore is prohibited. Public nudity is (iii) The Superintendent will consult a person’s intentional failure to cover with the Cape Cod National Seashore with a fully opaque covering that per- Advisory Commission regarding man- son’s own genitals, pubic areas, rectal agement of the off-road vehicle pro- area, or female breast below a point gram. immediately above the top of the are- (iv) The Superintendent will recog- ola when in a public place. Public place nize and use volunteers to provide edu- is any area of Federal land or water cation, inventorying, monitoring, field within the Seashore, except the en- support, and other activities involving closed portions of bathhouses, rest- off-road vehicle use. The Super- rooms, public showers, or other public intendent will do this in accordance structures designed for similar pur- with 16 U.S.C. 18 g-j. poses or private structures permitted (v) The Superintendent will report within the Seashore, such as trailers or annually to the Secretary of the Inte- tents. This regulation shall not apply rior and to the public the results of the to a person under 10 years of age. monitoring conducted under this sec- (f) Hunting. (1) Hunting is allowed at tion, subject to availability of funding. times and locations designated by the (12) What are the penalties for violating Superintendent as open to hunting. the provisions of this section? Violation (2) Except as otherwise provided in of a term or condition of an oversand this section, hunting is permitted in permit issued in accordance with this accordance with § 2.2 of this chapter. section is prohibited. A violation may (3) Only deer, upland game (including also result in the suspension or revoca- Eastern Wild Turkey), and migratory tion of the permit. waterfowl may be hunted. (13) Has OMB approved the collection (4) Hunting is prohibited from March of information in this section? As re- 1st through August 31st each year, ex- quired by 44 U.S.C. 3501 et seq., the Of- cept for the taking of Eastern Wild fice of Management and Budget has ap- Turkey as designated by the Super- proved the information collection re- intendent. quirement contained in this section. (5) The Superintendent may: The OMB approval number is 1024–0026. (i) Require permits and establish con- We are collecting this information to ditions for hunting; and allow the Superintendent to issue off- (ii) Limit, restrict, or terminate road vehicle permits. You must provide hunting access or activities after tak- the information in order to obtain a ing into consideration public health permit. and safety, natural and cultural re- (b) Aircraft. (1) Land based aircraft source protection, and other manage- may be landed only at the ment activities and objectives.

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

§ 7.69 Ross Lake National Recreation § 7.70 Glen Canyon National Recre- Area. ation Area. (a) Snowmobiles. After consideration (a) Designated airstrips. (1) Wahweap, of existing special situations, i.e., latitude 36°59′45″ N., longitude 111°30′45″ depth of snow, and depending on local W. weather conditions, and subject to any (2) Bullfrog, latitude 37°33′00″ N., lon- and all restrictions or prohibitions fur- gitude 110°42′45″ W. ther imposed by the State of Wash- (3) Halls Crossing, latitude 37°28′10″ ington on Highway 20, the super- N., longitude 110°42′00″ W. intendent may designate as open to the (4) Hite, latitude 37°53′30″ N., lon- use of snowmobiles the following loca- gitude 110°23′00″ W. tions within the Ross Lake National (5) Gordon Flats, latitude 38°10′30″ N., Recreation Area: longitude 110°09′00″ W.

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

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

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deemed contiguous to the recreation ed from or on lands within the Arkan- area. sas Post National Memorial. (e) Commercial vehicle fees—(1) Fee [35 FR 13206, Aug. 19, 1970] Schedule: Fees are charged for those commercial vehicular uses described in § 7.73 Buck Island Reef National paragraphs (d)(1)(i), (ii) and (iii) of this Monument. section based on the number of axles (a) Extractive uses. All extractive uses and wheels on a vehicle, regardless of are prohibited within the boundaries of load or weight, as follows: the Monument, including but not lim- (i) Two-axle car, van or truck ...... $3 ited to harvest or collection (on the (ii) Two-axle vehicle with trailer ...... $5 land or in the water) of fish for any (iii) Two-axle 6-wheeled vehicle ...... $8 use, marine mammals, coastal migra- (iv) Three-axle vehicle ...... $10 tory pelagic fish, baitfish, lobsters, (v) Four-axle vehicle ...... $13 (vi) Five or more-axle vehicle ...... $18 conch, whelk, hermit crabs (soldier crabs), seashells, corals, dead coral, sea The fees charged are for one trip, one fans, sponges and all associated reef in- way. vertebrates, plants, fruits and seeds, (2) Exceptions. The following commer- firewood, driftwood, rocks, sand, gas, cial vehicles are exempt from the com- oil, and minerals. mercial fee requirements. (b) Marine operations. No dredging, (i) Vehicles necessary to provide excavating or filling operations of any services to businesses or persons with- kind are permitted, and no equipment, in, or contiguous to the recreation structures, byproducts or excavated area. materials associated with such oper- (ii) Any vehicle owned by a Federal, ations may be deposited in or on the State or municipal agency. waters or ashore within the boundaries of the Monument. (iii) Any vehicle owned or operated (c) Wrecks. No person shall destroy by a publicly owned utility company. molest, remove, deface, displace or (iv) Any vehicle operated by a non- tamper with wrecked or abandoned wa- profit or educational organization. terborne craft of any type or condition, (v) Any commercially licensed vehi- or any cargo pertaining thereto, unless cle or vehicle otherwise identified as a permitted in writing by an authorized commercial vehicle, when at that par- official of the National Park Service. ticular time it is being used for non- (d) Boats. (1) No watercraft shall op- commercial purposes. erate in such a manner, nor shall an- (f) Powerless flight. The use of devices chors or any other mooring device be designed to carry persons through the cast or dragged or placed, so as to air in powerless flight is allowed at strike or otherwise cause damage to times and locations designated by the any underwater features. superintendent, pursuant to the terms (2) Anchoring or maneuvering and conditions of a permit. watercraft within the waters that con- (g) Fishing. Unless otherwise des- tain underwater marked swimming ignated, fishing in any manner author- trails and interpretive signs is prohib- ized under applicable State law is al- ited. lowed. (3) Anchoring is prohibited except by permit issued by the Superintendent [34 FR 13595, Aug. 23, 1969, as amended at 47 FR 4256, Jan. 29, 1982; 48 FR 30295, June 30, for deep sand bottom areas or for ad- 1983; 48 FR 46780, 46782, Oct. 14, 1983; 49 FR ministrative purposes. 9421, Mar. 13, 1984; 49 FR 18451, Apr. 30, 1984; (4) Anchoring will be allowed in 50 FR 34130, Aug. 23, 1985; 51 FR 40419, Nov. 7, emergency situations only to protect 1986; 52 FR 34777, Sept. 15, 1987; 69 FR 57181, life and property. Sept. 24, 2004] (5) All watercraft, carrying passengers, for hire, shall comply with ap- § 7.72 Arkansas Post National Memo- plicable regulations and laws of the rial. U.S. Coast Guard and Territory of the (a) Launching, beaching, or landing of Virgin Islands. vessels. Except in emergencies, no ves- (e) Fishing. (1) All forms of fishing are sel shall be launched, beached, or land- prohibited including, but not limited

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to, spearfishing, rod and reel, hand- with rod or line, the rod or line being line, nets, gill or trammel, traps or held in the hand, is prohibited: Pro- pots, snares, hooks, poison, cast nets, vided, That fish may be taken by pots trawl, seine, and long-line. or traps of conventional Virgin Islands (2) The use or possession of any type design and not larger than five feet at of fishing equipment or any of the the greatest dimension, and bait fish items listed in paragraph (a) of this may be taken by nets of no greater section is prohibited within the bound- overall length than 20 feet and of mesh aries of the Monument. not larger than 1 inch stretched: Pro- vided further, That paragraphs (e) (3), [29 FR 17091, Dec. 15, 1964, as amended at 48 FR 30295, June 30, 1983; 68 FR 16435, Apr. 4, (4), and (5) of this section shall apply. 2003] (2) The use or possession of any type of spearfishing equipment within the § 7.74 Virgin Islands National Park. boundaries of the park is prohibited. (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 whelks, or both, per day, or have in or any cargo pertaining thereto unless possession more than two days’ limit: permitted in writing by an authorized That paragraph (e)(5) of this official of the National Park Service. Provided, (d) Boats. (1) No watercraft shall be section shall apply. (5) All known means of taking fish, operated in such a manner, nor shall crustaceans, mollusks, turtles, or other anchors or any other mooring device be marine life are prohibited in Trunk cast or dragged or placed, so as to Bay and in other waters containing un- strike or otherwise cause damage to derwater signs and markers. any underwater features. (2) Anchoring or maneuvering [29 FR 17091, Dec. 15, 1964, as amended at 48 watercraft within the waters that con- FR 30296, June 30, 1983] tain underwater marked swimming trails and interpretive signs is prohib- § 7.75 Padre Island National Seashore. ited. (a) Off-road motor vehicle and motor- (3) Vessels desiring to enter Trunk cycle operation. (1) The following regu- Bay must enter and depart between the lations pertain to the operation of two outer buoys delineating the pre- motor vehicles and motorcycles off es- scribed anchorage area, and shall an- tablished roads and parking areas. The chor within described area, and no operation of such vehicles and motor- other, making sure the vessel will lie cycles is subject also to the applicable within this area regardless of wind or provisions of part 4 of this chapter and sea conditions: Except, that hand-pro- paragraphs (e) and (g) of this section. pelled craft may be used to transport (i) No person may operate a motor passengers and equipment between the vehicle or motorcycle without a valid anchorage area and the beach. operator’s license or learner’s permit (4) All vessels carrying passengers for in his possession; an operator who has hire shall comply with applicable laws a learner’s permit must be accom- and regulations of the United States panied by an adult who has a valid op- Coast Guard and Territory of the Vir- erator’s license; a driver’s license or gin Islands. learner’s permit must be displayed (e) Fishing. (1) Taking of fishes or any upon the request of any authorized per- other marine life in any way except son.

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(ii) In addition to the requirements of North and South Bird Islands and other § 4.10 of this chapter, every motor vehi- designated rookery islands are closed cle and motorcycle must have an oper- to all hunting as posted. Hunting, able horn, windshield wiper or wipers where authorized, is allowed in accord- (except motorcycles), brake light or ance with all applicable Federal, State lights, and rearview mirror. and local laws for the protection of (iii) Motor vehicles and motorcycles wildlife. must have valid license plates. (2) The erecting of a structure for use (iv) Every motor vehicle and motor- as a hunting blind is prohibited except cycle must have a valid State vehicle that a temporary blind may be used inspection certificate when such cer- when removed at the end of each hunt- tificate is required for highway use in ing day. the State in which the vehicle is li- (c)–(d) [Reserved] censed. (e) Prohibited vehicle operations. The (v) When two motor vehicles or mo- following operations are prohibited on torcycles meet on the beach, the oper- and off established roads and parking ator of the vehicle in southbound traf- areas. fic shall yield the right-of-way, where (1) The use of ground effect or necessary, by turning out of the track aircushion vehicles is prohibited. to the right. (2) The use of vehicles propelled by (2) Off-road motor vehicle and motor- the wind, commonly known as sail cycle use areas and routes. The following 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, parachute, or in any other way is prohib- ico, except for the approximately 41⁄2 miles of beach between the North and ited. South Beach Access Roads. (4) Riding on fenders, tailgate, roof, (ii) The route west of Big Shell or any other position outside of the ve- Beach, locally known as the Back hicle is prohibited. Road. This route begins on the beach (f) [Reserved] adjacent to the Gulf of Mexico approxi- (g) Speed. Except where different mately three miles south of Yar- speed limits are indicated by posted borough Pass and returns to the beach signs or markers, speed of automobiles approximately 15 miles south of Yar- and other vehicles shall not exceed 25 borough Pass. miles per hour where driving is per- (iii) The route beginning on the mitted on the beach. beach adjacent to the Gulf of Mexico (h) Mineral exploration and extrac- approximately 11 miles south of Yar- tion—(1) Scope. The regulations in this borough Pass and ending with its inter- paragraph are made, prescribed, and section with the Back Road approxi- published pursuant to the Act of Sep- mately one mile west of the beach. tember 28, 1962, 76 Stat. 651, 16 U.S.C. This route is locally known as the 459d–3 (1964), to provide for the occupa- Dunn Ranch Road. tion and use of so much of the surface (iv) Travel is permitted in an area of the land or waters within the Padre within 200 feet of the north bank of the Island National Seashore—for all pur- Mansfield Channel, beginning on the poses reasonably incident to the min- beach adjacent to the Gulf of Mexico ing and removal of oil and gas minerals and ending approximately 3⁄4 mile west and of other minerals which can be re- of the beach. moved by similar means—in a manner (b) Hunting. (1) Hunting is prohibited, that will be consistent with develop- except that during the open season pre- ment of recreational facilities by the scribed by State and Federal agencies, Secretary of the Interior, with surface the hunting of waterfowl is allowed use of the lands and waters in the Sea- upon the waters of Laguna Madre shore by the public for recreational wherever a floating vessel of any type purposes and with preservation of the is capable of being operated, at what- area’s natural features and values. The ever tide level may exist. Provided, provisions of these regulations shall however, that the waters surrounding govern also any right of occupation or

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use of the surface within the bound- stopped, or left unattended at the des- aries of the Seashore, granted by the ignated airstrip for more than 24 con- Secretary subsequent to April 11, 1961, secutive hours, or for more than a total for the exploration, development, proof 48 hours during any 30-day period. duction, storing, processing or trans- [32 FR 2564, Feb. 7, 1967] porting of oil and gas minerals that are 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- ical Park. of the aforesaid Act of September 28, 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, [34 FR 8356, May 30, 1969] storing, processing or transporting of oil and gas minerals that are removed § 7.79 Amistad Recreation Area. from outside the boundaries of the Sea- (a) Hunting. (1) Hunting is allowed at shore. times and locations designated as open (3)Exercise of non-Federal Oil and Gas for hunting. Rights. Before entering the National (2) The hunting season and species al- Seashore for the purpose of conducting lowed to be taken will be designated on any operations pursuant to a mineral an annual basis by the superintendent. interest authorized under the Act pro- (3) Deer, javelina, and turkey may be viding for establishment of the Sea- taken only by long bow and arrow. shore, the operator shall comply with Water fowl and game birds may be the requirements of part 9, subpart B of taken only by shotguns and bird shot. this chapter. The use of all other weapons for hunt- (4) All activities relating to the exer- ing is prohibited. cise of mineral interests which take (b) Fishing. Unless otherwise des- place within the boundaries of the park ignated, fishing in a manner authorized shall be in accordance with an ap- under applicable State law is allowed. proved Plan of Operations. (c) Personal Watercraft (PWC). (1) (5) Applicability of State laws. All oper- PWCs are allowed within Amistad Na- ators, as defined in subparagraph (2) of tional Recreation Area with the fol- this paragraph shall abide by all rules lowing exceptions: and regulations as may be prescribed (i) The following areas are closed to by the Texas Railroad Commission or PWC use: other authority of the State of Texas. (A) Hidden Cave Cove (where marked [31 FR 3458, Mar. 5, 1966, as amended at 39 FR by buoys), located on the Rio Grande. 40156, Nov. 14, 1974; 43 FR 6229, Feb. 14, 1978; (B) Painted Canyon (where marked 48 FR 30296, June 30, 1983; 51 FR 35647, Oct. 7, by buoys), located on the Rio Grande. 1986; 52 FR 10686, Apr. 2, 1987] (C) Seminole Canyon, starting 0.5 miles from the mouth of the Rio § 7.76 Wright Brothers National Memo- Grande. rial. (D) Government coves at Diablo East (a) Designated airstrip. Wright Broth- and Rough Canyon to include the water ers National Memorial Airstrip, lo- and shoreline to the top of the ridge/ cated at Kill Devil Hills, N.C. property line. (b) Use of airstrip. Except in emer- (E) All terrestrial cave and karst fea- gencies, no aircraft may be parked, tures.

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(F) The Lower Rio Grande area below (iii) The 1⁄4 mile section of the Big Amistad Dam. Sand Bay Road that passes through the (G) The water area extending 1000 park mainland unit to non-NPS prop- feet out from the concrete portion of erty. Amistad Dam. (2) Snowmobile use is authorized (ii) PWC are prohibited from landing solely for the purpose of providing ac- on any island posted as closed. cess for legal forms of: (2) The Superintendent may tempo- (i) Ice fishing; rarily limit, restrict or terminate ac- (ii) Hunting and trapping; cess to the areas designated for PWC (iii) Winter camping; use after taking into consideration (iv) Other non-motorized recreational public health and safety, natural and activities; and cultural resource protection, and other (v) Access to non-NPS property by management activities and objectives. owners, and to NPS properties by ‘‘use [34 FR 6524, Apr. 16, 1969, as amended at 34 and occupancy’’ lessees and their FR 15415, Oct. 3, 1969; 49 FR 18451, Apr. 30, guests. 1984; 69 FR 30216, May 27, 2004; 72 FR 13706, (3) Snowmobiles may be used for ad- Mar. 23, 2007] ministrative, law enforcement, and emergency services as determined by § 7.80 Sleeping Bear Dunes National the Superintendent. Lakeshore. (4) Snowmobile use in areas and for (a) Powerless flight. The use of devices purposes other than those stated in designed to carry persons through the paragraphs (b)(1) and (b)(2) of this sec- air in powerless flight is allowed at tion is prohibited. times and locations designated by the (5) Maps showing designated use superintendent, pursuant to the terms areas are available at park head- and conditions of a permit. quarters. (b) Fishing. Unless otherwise des- (c) Off-road vehicles. (1) Off-road ignated, fishing in a manner authorized motor vehicles may be operated for au- under applicable State law is allowed. thorized purposes in the following designated areas within the Lakeshore: [49 FR 18451, Apr. 30, 1984] (i) The frozen surface of Lake Supe- § 7.81 Point Reyes National Seashore. rior that surrounds every island from the shoreline out to the authorized (a) Powerless flight. The use of devices boundary; and designed to carry persons through the (ii) The frozen surface of Lake Supe- air in powerless flight is allowed at rior from Sand Point to the mainland times and locations designated by the unit’s eastern boundary. superintendent, pursuant to the terms (2) Off-road motor vehicle use is au- and conditions of a permit. thorized solely for the purpose of pro- [49 FR 18451, Apr. 30, 1984] viding access for legal forms of: (i) Ice fishing; § 7.82 Apostle Islands National Lake- (ii) Hunting and trapping; shore. (iii) Winter camping; (a) Fishing. Unless otherwise des- (iv) Other non-motorized recreational ignated, fishing in a manner authorized activities; and under applicable State law is allowed. (v) Access to non-NPS property by (b) Snowmobiles. (1) Snowmobiles may owners, and to NPS properties by ‘‘use be operated for authorized purposes in and occupancy’’ lessees and their the following designated areas within guests. the Lakeshore: (3) Off-road motor vehicles may be (i) The frozen surface of Lake Supe- used for administrative, law enforce- rior that surrounds every island from ment, and emergency services as deter- the shoreline out to the authorized mined by the Superintendent. boundary; (4) Off-road motor vehicle use in (ii) The frozen surface of Lake Supe- areas and for purposes other than those rior from Sand Point to the mainland stated in paragraphs (c)(1) and (c)(2) is unit’s eastern boundary; prohibited.

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(5) Maps showing designated use an outboard motor not to exceed 40 areas are available at park head- horsepower. quarters. (ii) Above Round Spring on the Cur- (d) Ice augers and power engines. (1) rent River and above Alley Spring on Ice auger means a portable gasoline or the Jacks Fork River with an outboard electric powered engine connected to a motor not to exceed 25 horsepower. rotating helical shaft for boring (iii) Above Akers Ferry on the Cur- through the frozen surface of a lake. rent River from May 1 to September 15 (2) Power engine means a mobile gaso- with an outboard motor not to exceed line or electric powered engine or de- 10 horsepower. vice that is connected to a rotating (iv) Above Bay Creek on the Jacks saw blade or teeth linked in an endless Fork River from March 1 to the Satur- chain for cutting through the frozen day before Memorial Day with an out- ice surface of a lake. board motor not to exceed 10 horse- (3) Notwithstanding the requirements power. of 36 CFR 2.12(a)(3), operation of an ice auger or power engine is authorized on (4) Operating a motorized vessel designated portions of Lake Superior other than as allowed in § 7.83(a) is pro- for the specific purpose of cutting hibited. through the ice surface to provide ac- (b) Scuba Diving. (1) Scuba diving is cess for legal ice fishing activity. prohibited within all springs and spring (4) Areas designated for use of an ice branches on federally owned land with- auger or power engine include: in the boundaries of Ozark National (i) The frozen surface of Lake Supe- Scenic Riverways without a written rior that surrounds every island from permit from the superintendent. the shoreline out to the authorized (2) Permits. The superintendent may boundary; and issue written permits for scuba diving (ii) The frozen surface of Lake Supe- in springs within the boundaries of the rior from Sand Point to the mainland Ozark National Scenic Riverways; Pro- unit’s eastern boundary. vided, (5) Maps showing designated use (i) That the permit applicant will be areas are available at park head- engaged in scientific or educational in- quarters. vestigations which will have demon- (6) Use of an ice auger or power en- strable value to the National Park gine on any land surface or frozen Service in its management or underwater surface outside of designated use standing of riverways resources. areas is prohibited without a permit. (ii) [Reserved] [49 FR 18451, Apr. 30, 1984, as amended at 70 (c) Commercial Activities. The activi- FR 16716, Apr. 1, 2005] ties listed herein constitute commercial activities which are prohibited § 7.83 Ozark National Scenic within the boundaries of Ozark Na- Riverways. tional Scenic Riverways, except in ac- (a) Restrictions for motorized vessels. (1) cordance with the provisions of a per- On waters situated within the bound- mit, contract, or other written agree- aries of Ozark National Scenic ment with the United States. The Na- Riverways, the use of a motorized ves- tional Park Service reserves the right sel is limited to a vessel equipped with to limit the number of such permits, an outboard motor only. contracts or other written agreements, (2) For the purposes of this section, when, in the judgment of the Service, horsepower ratings on a particular such limitation is necessary in the in- motor will be based upon the prevailing terest of visitor enjoyment, public industry standard of power output at safety, or preservation or protection of the propeller shaft as established by the resources or values of the the manufacturer. Riverways. (3) The use of a motorized vessel is (1) The sale or rental of any goods or allowed as follows: equipment to a member or members of (i) Above the Big Spring landing on the public which is undertaken in the the Current River and below Alley course of an ongoing or regular com- Spring on the Jacks Fork River with mercial enterprise.

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(2) The performance of any service or (ii) Will not be detrimental to other activity for a member or members of park wildlife or the reproductive po- the public in exchange for monetary or tential of the species to be taken; and other valuable consideration. (iii) Will not have an adverse effect (3) The delivery or retrieval within on the ecosystem. the boundaries of Ozark National Sce- (2) Violation of established condi- nic Riverways of watercraft or associ- tions or designations is prohibited. ated boating equipment which has been [38 FR 5851, Mar. 5, 1973, as amended at 41 FR rented to a member or members of the 23959, June 14, 1976; 49 FR 18451, Apr. 30, 1984; public at a location not within the 50 FR 43388, Oct. 25, 1985; 56 FR 30696, July 5, Riverways, when such delivery or re- 1991; 56 FR 37158, Aug. 5, 1991] trieval is performed by a principal, employee or agent of the commercial en- § 7.84 Channel Islands National Park. terprise offering the equipment for (a) [Reserved] rental and when these services are per- (b) Wrecks. No person shall destroy, formed as an integral part, necessary molest, remove, deface, displace, or complement, or routine adjunct of or tamper with wrecked and abandoned to the rental transaction, whether or water or airborne craft or any cargo not any charge, either separately or in pertaining thereto. combination with any other charge, is (c) Fishing. The taking of any fish, made for these services. crustaceans, mollusk, or other marine (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.

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(ii) Abalone permits for Anacapa and after sunset to one hour before sunrise Santa Barbara Islands will be issued is prohibited. only to applicants who filed with the [45 FR 46072, July 9, 1980, as amended at 48 California State Department of Fish FR 30296, June 30, 1983] and Game fish receipts for abalone caught at Anacapa and Santa Barbara § 7.86 Big Cypress National Preserve. Islands during the period July 1, 1968, (a) Motorized vehicles—(1) Definitions. to July 1, 1971. (i) The term ‘‘motorized vehicle’’ means automobiles, trucks, glades or [38 FR 5622, Mar. 17, 1973, as amended at 48 FR 30296, June 30, 1983] swamp buggies, airboats, amphibious or air cushion vehicles or any other de- § 7.85 Big Thicket National Preserve. vice propelled by a motor and designed, modified for or capable of cross coun- (a) Hunting. Except as otherwise pro- try travel on or immediately over land, vided in this section, hunting is per- water, marsh, swampland or other ter- mitted in accordance with § 2.2 of this rain, except boats which are driven by chapter. a propeller in the water. (1) Hunting is permitted only during (ii) The term ‘‘operator’’ means any designated seasons, as defined for game person who operates, drives, controls animals or birds by the State of Texas. or has charge of a motorized vehicle. 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 closed or restricted by action of the (ii) Game birds and migratory game Superintendent under paragraph birds. (a)(2)(iii), the following areas, which (3) The use of dogs or calling devices are shown on a map numbered BC–91– for hunting game animals or fur-bear- 001, dated November 1975, and available ing animals is prohibited. for public inspection at the office of (4) The use or construction of stands, the Superintendent, are open to motor- blinds or other structures for use in ized vehicles: hunting or for other purposes is prohib- (A) The area south and west of Loop ited. Road (State Road #B94). (b) Trapping. Trapping, for fur-bear- (B) The area north of Tamiami Trail. ing animals only, is permitted in ac- (ii) The following areas which are cordance with § 2.2 of this chapter. shown on a map numbered BC–91–001, (c) Hunting and Trapping Permits. In dated November 1975, and available for addition to applicable State licenses or public inspection at the office of the permits, a permit from the Super- Superintendent, are closed to motor- intendent is required for hunting or ized vehicles: trapping on Preserve lands. Permits (A) The areas between the Loop Road will be available, free of charge, at Pre- (State Hwy. #B94) and the Tamiami serve headquarters and can be obtained Trail (U.S. Hwy. #B41), except that the Superintendent may issue a permit to in person or by mail. provide for reasonable access by legal (d) Firearms, Traps, and Other Weap- residents or to provide access by au- ons. Except as otherwise provided in thorized oil and gas companies. this paragraph, § 2.4 of this chapter (B) Big Cypress Florida Trail, Sec- shall be applicable to Preserve lands. tion 1, One marked main hiking trail, (1) During open hunting or trapping from Tamiami Trail to Alligator Alley; seasons, the possession and use of fire- and the two marked loop trails are arms or other devices capable of de- closed to the use of all motorized vehi- stroying animal life is permitted in ac- cles, except that vehicles may cross the cordance with § 2.4 of this chapter. trails. (2) The possession of firearms or (iii) The Superintendent may tempo- other weapons at night, from one hour rarily or permanently close or restrict

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the use of any areas and routes other- cent efficiency level when determined wise designated for use of motor vehi- by the appropriate Society of Auto- cles, or close or restrict such areas or motive Engineers (SAE) Standard. routes to the use of particular types of (C) A motorized vehicle, except an motor vehicles by the posting of appro- airboat, when operated off of estab- priate signs, or by marking on a map lished roads and parking areas during which shall be available for public in- the period from one-half hour after spection at the office of the Super- sunset to one-half hour before sunrise, intendent, or both. In determining shall display at least one forward-fac- whether to close or restrict the uses of ing white headlight and one red lighted the areas or routes under this para- taillight each of which shall be visible graph, the Superintendent shall be for a distance of 500 feet in their re- guided by the criteria contained in sec- spective directions under clear atmos- tions 3 and 4 of E.O. 11644 (37 FR 2877) pheric conditions. as amended, and shall also consider (D) Airboats and amphibious vehicles factors such as other visitor uses, safe- shall fly a safety flag at least 10 inches ty, wildlife management, noise, ero- wide by 12 inches long at a minimum sion, geography, vegetation, resource height of 10 feet above the bottom of 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 affi- under written permit where necessary davit, bill of sale or other documenta- in the exploration for, extraction or re- tion proof of possessory interest or moval of oil and gas. 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- showing its geographic location; ing of appropriate signs or by marking (iii) Agrees to vacate or remove the on a map, which shall be available for structure from the preserve upon the public inspection at the office of the expiration of the permit, and Superintendent, may require during (iv) Acknowledges in the permit that dry periods, that a motorized vehicle or he/she has no interest in the real prop- a particular class of motorized vehicle, erty. operated off established roads and (2) Structures built after the effec- parking areas, shall be equipped with a tive date of these regulations will be spark arrestor that meets Standard removed upon acquisition by the Fed- 5100–1a of the Forest Service, U.S. De- eral Government of the lands upon partment of Agriculture, or the 80 per- which the structures are situated.

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(3) Structures that are razed or de- Provided, however, That under condi- stroyed by fire or storm, or deteriorate tions where it is found that significant structurally to the point of being un- adverse impact on park resources, wild- safe or uninhabitable shall not be re- life populations or visitor enjoyment of built and the permit shall be cancelled. resources will result, the Super- This shall not be deemed to prohibit intendent shall prohibit the gathering, routine maintenance or upkeep on an or otherwise restrict the collecting of existing structure. these items. Portions of a park area in (4) The National Park Service re- which restrictions apply shall be des- serves the right to full and unre- ignated on a map which shall be avail- stricted use of the lands under permit able for public inspection at the office including, but not limited to, such pur- of the Superintendent, or by the post- poses as managed hunting programs ex- ing of appropriate signs, or both. ecuted in accordance with applicable (f) Grazing. (1) Grazing privileges State Game and Fish laws and regula- shall be available under permit to own- tions, use of existing roads and trails, ers or lessees who were actually using and unrestricted public access. land within the Preserve for grazing (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 showing location; a copy of the airstrip (4) Except as provided below, failure license, if any; a description of the size to use land under permit for grazing or of strip, type of landing surface, height to renew the permit shall automati- of obstructions, special markings; and cally terminate the permit and grazing a list of the camps served. privileges. The Superintendent may (2) A map showing the locations, size, issue a nonuse permit on an annual and limitations of each airstrip des- basis not to exceed three consecutive ignated under a permit shall be avail- years, except that nonuse beyond this able for public inspection at the office time may be permitted if necessitated of the Superintendent. by reasons clearly outside the control (3) Rotorcraft used for purposes of oil of the permittee. and gas exploration or extraction, as (5) Annual fees based on Depart- provided for in part 9, subpart B of this mental regulations (43 CFR 4125.1–1 chapter, may be operated only in ac- (m)) will be charged for all livestock cordance with an approved operating grazing upon preserve lands. plan or a permit issued by the Super- (6) Each permittee shall comply with intendent. the range management plan approved (d) [Reserved] by the Superintendent for the area (e) Hunting, Fishing, Trapping and under permit. 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

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State Game and Fish laws and regula- § 7.89 New River Gorge National River. tions, use of existing roads and trails, (a) Hunting—(1) May I hunt within unrestricted public access, and the New River Gorge National River? Yes, right to revoke the permit if the activ- you may hunt if you: ity is causing or will cause consider- (i) Possess a valid West Virginia able adverse effect on the soil, vegeta- State hunting license or permit, or are tion, watershed or wildlife habitat. exempt under provisions of West Vir- (9) Corporations formed by owners or ginia law. lessees who were actually using lands (ii) Comply with the hunting seasons, within the preserve for grazing pur- harvest limits, and any other condi- poses on October 11, 1974, may be issued tions established by the State of West annual permits for a period not to ex- Virginia. ceed twenty-five (25) years from the (iii) Do not violate any closures or date of acquisition for preserve pur- limitations established by the Super- poses. intendent for reasons of public safety, [44 FR 45128, Aug. 1, 1979, as amended at 48 resource protection, or other manage- FR 30296, June 30, 1983] ment considerations. (2) Do West Virginia state hunting laws § 7.87 Kaloko-Honokohau National His- apply within New River Gorge National torical Park. River? Yes, non-conflicting State hunt- (a) Is public nudity prohibited at ing laws are adopted as part of the reg- Kaloko-Honokohau National Historical ulations in this section and apply with- Park? Yes. Public nudity, including in New River Gorge National River. nude bathing, by any person on Federal (b) [Reserved] land or water within the boundaries of [68 FR 55317, Sept. 25, 2003] Kaloko-Honokohau National Historical Park is prohibited. This section does § 7.90 [Reserved] not apply to a person under 10 years of age. § 7.91 Whiskeytown Unit, (b) What is public nudity? Public nu- Whiskeytown-Shasta-Trinity Na- dity is a person’s failure, when in a tional Recreation Area. public place, to cover with a fully (a) Water sanitation. (1) Vessels with opaque covering that person’s genitals, marine toilets so constructed as to per- pubic areas, rectal area or female mit wastes to be discharged directly breast below a point immediately into the water shall have such facili- above the top of the areola. ties sealed to prevent discharge. (c) What is a public place? A public (2) Chemical or other type marine place is any area of Federal land or toilets with approved holding tanks or water subject to Federal jurisdiction storage containers will be permitted, within the boundaries of Kaloko- but will be discharged or emptied only Honokohau National Historical Park, at designated sanitary pumping sta- except the enclosed portions of rest- tions. rooms or other structures designed for (b) Overnight occupancy of a vessel privacy or similar purposes. on the Whiskeytown Lake is prohibited. [64 FR 19483, Apr. 21, 1999] (c) Powerless flight. The use of devices § 7.88 Indiana Dunes National Lake- designed to carry persons through the shore. air in powerless flight is allowed at times and locations designated by the (a) Fishing. Unless otherwise des- superintendent, pursuant to the terms ignated, fishing in a manner authorized and conditions of a permit. under applicable State law is allowed. (d) Gold Panning. (1) As used in this (b) Powerless flight. The use of devices section, the term ‘‘gold panning’’ to carry persons through the air in means the attempted or actual removal powerless flight is allowed at times and of gold from a stream by using either a locations designated by the super- metal or plastic gold pan and a trowel, intendent pursuant to the terms and spoon or other digging implement hav- conditions of a permit. ing a blade surface not exceeding 4 [49 FR 18451, Apr. 30, 1984] inches wide and 8 inches long.

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(2)(i) Unless otherwise designated by traveled road past Mormon Point, Jim the superintendent, gold panning is al- Creek, along the Big Fork Canal, cross- lowed on all streams. Streams, or por- ing said canal and terminating on the tions thereof, that are designated south shore of Horseshoe Bend, and the closed to gold panning are marked on a marked lakeshore access roads leading map available for public inspection at off this main route to Mormon Point, the office of the superintendent, or by north and south mouth of Jim Creek, the posting of signs, or both. South Narrows, and the lakeshore road (ii) Prior to engaging in gold pan- between Mormon Point and the south ning, a person shall register with, and mouth of Jim Creek. On the east side pay a special recreation permit fee to, of Bighorn Lake beginning at the junc- the superintendent. The super- tion of U.S. Highway 14A and the John intendent shall establish the special Blue road, northerly on the John Blue recreation permit fee in accordance road to the first road to the left, on with regulations in part 71 of this chap- said road in a westerly direction to its ter. terminus at the shoreline of Bighorn (iii) A person may remove gold from the Unit only in accordance with these Lake. All frozen lake surfaces are regulations. closed to snowmobiling. (3) The following are prohibited: (2) On roads designated for snow- (i) Removing gold by any method mobile use only that portion of the other than gold panning, including, but road or parking area intended for other not limited to, the use of suction, a motor vehicle use may be used by crevice cleaner, screen separator, view snowmobiles. Such roadway is avail- box, sluice box, rocker, dredge or any able for snowmobile use only when the other mechanical or hydraulic device, designated road or parking area is or skin diving equipment such as a closed by snow depth to all other snorkel, mask or wetsuit. motor vehicles used by the public. (ii) Using any toxic substance or These routes will be marked by signs, chemical, including mercury, in gold snow poles or other appropriate means. panning activities. The superintendent shall determine the (iii) Conducting gold panning outside opening and closing dates for use of the confines of existing stream water designated snowmobile routes each levels, or digging into a stream bank, year. Routes will be open to snow- or digging that results in the disturb- mobile travel when they are considered ance of the ground surface or the un- to be safe for travel but not necessarily dermining of any vegetation, historic free of safety hazards. Snowmobiles feature or bridge abutment. may travel in these areas with the per- [36 FR 14267, Aug. 3, 1971, as amended at 38 mission of the superintendent, but at FR 5245, Feb. 27, 1973; 49 FR 18452, Apr. 30, their own risk. 1984; 54 FR 23649, June 2, 1989] (3) Snowmobile use outside designated routes is prohibited. § 7.92 Bighorn Canyon National Recre- ation Area. (c) Fishing. Unless otherwise designated, 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 longitude 107°55′41″ W. in the (d) Personal Watercraft (PWC). (1) PWC use is allowed in Bighorn Canyon S1⁄2S1⁄2SE1⁄4 sec. 8, and the S1⁄2SW1⁄4SW1⁄4 sec. 9, T. 6 S., R. 31 E., Montana Prin- National Recreation Area, except in cipal Meridian. the following areas: (2) [Reserved] (i) In the gated area south of (b) Snowmobiles. (1) Designated routes Yellowtail Dam’s west side to spillway to be open to snowmobile use: On the entrance works and Bighorn River west side of Bighorn Lake, beginning from Yellowtail Dam to cable 3,500 feet immediately east of the Wyoming north. Game and Fish Department Residence (ii) At Afterbay Dam from fenced on the Pond 5 road northeast to the areas on west side of dam up to the Kane Cemetery. North along the main dam.

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(iii) In Afterbay Lake, the area be- permit and upon the grounds provided tween dam intake works and buoy/ for such purposes, is prohibited. cable line 100 feet west. (2) Wet grounds. Persons holding a (iv) At Government docks as posted. permit to engage in athletics at certain (v) At the Ok-A-Beh gas dock, except times and at places authorized for this for customers. use are prohibited from exercising the (vi) From Yellowtail Dam upstream privilege of play accorded by the per- to the log boom. mit if the grounds are wet or otherwise (vii) In Bighorn Lake and shoreline unsuitable for play without damage to south of the area known as the South the turf. Narrows (legal description R94W, T57N (3) Golf and tennis; fees. No person at the SE corner of Section 6, the SW may use golf or tennis facilities with- corner of Section 5, the NE corner of out paying the required fee, and in Section 7, and the NW corner of Sec- compliance with conditions approved tion 8). Personal watercraft users are by the Regional Director. Trespassing, required to stay north of the boundary intimidating, harassing or otherwise delineated by park installed buoys. interfering with authorized golf play- (2) The Superintendent may tempo- ers, or interfering with the play of ten- rarily limit, restrict, or terminate ac- nis players is prohibited. cess to the areas designated for PWC use after taking into consideration (4) Ice skating. Ice skating is prohib- public health and safety, natural and ited except in areas and at times des- cultural resource protection, and other ignated by the Superintendent. Skat- management activities and objectives. ing in such a manner as to endanger the safety of other persons is prohib- [36 FR 21666, Nov. 12, 1971, as amended at 48 ited. FR 29845, June 30, 1983; 52 FR 34777, Sept. 15, 1987; 70 FR 31353, June 1, 2005] (c) Model planes. Flying a model powered plane from any park area is pro- § 7.93 Guadalupe Mountains National hibited without a permit. Park. (d) Fishing. Unless otherwise des- (a) Cave entry. No person shall enter ignated, fishing in a manner authorized any cave or passageway of any cave under applicable State law is allowed. without a permit. (e) Swimming. Bathing, swimming or wading in any fountain or pool except [48 FR 30296, June 30, 1983] where officially authorized is prohibited. Bathing, swimming or wading in §§ 7.94–7.95 [Reserved] the Tidal Basin, the Chesapeake and § 7.96 National Capital Region. Ohio Canal, or Rock Creek, or entering from other areas covered by this sec- (a) Applicability of regulations. This tion the Potomac River, Anacostia section applies to all park areas admin- River, Washington Channel or George- istered by National Capital Region in town Channel, except for the purpose of the District of Columbia and in Arling- ton, Fairfax, Loudoun, Prince William, saving a drowning person, is prohib- and Stafford Counties and the City of ited. Alexandria in Virginia and Prince (f) Commercial vehicles and common Georges, Charles, Anne Arundel, and carriers—(1) Operation in park areas pro- Montgomery Counties in Maryland and hibited; exceptions. Commercial vehicles to other federal reservations in the en- and common carriers, loaded or un- virons of the District of Columbia, loaded, are prohibited on park roads policed with the approval or concur- and bridges except on the section of rence of the head of the agency having Constitution Avenue east of 19th jurisdiction or control over such res- Street or on other roads and bridges ervations, pursuant to the provisions of designated by the Superintendent, or the act of March 17, 1948 (62 Stat. 81). when authorized by a permit or when (b) Athletics—(1) Permits for organized operated in compliance with paragraph games. Playing baseball, football, cro- (f)(2) of this section. quet, tennis, and other organized (2) George Washington Memorial Park- games or sports except pursuant to a way; passenger-carrying vehicles; permits;

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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 (iii) Passenger-carrying vehicles for parkway. Payment shall be made quar- hire or compensation, other than those terly within twenty (20) days after the to which paragraphs (f)(2) (i) and (ii) of end of the quarter based upon a certifi- this section apply, are allowed on the cation by the operator of the total George Washington Memorial Parkway mileage operated upon the parkway. upon issuance of a permit by the Re- gional Director, under the following (iv) Sightseeing passenger-carrying conditions: vehicles for hire or compensation other (A) When operating on a regular than taxicabs may be permitted on the schedule: to provide passenger service George Washington Memorial Parkway on any portion between Mount Vernon upon issuance of a permit by the Re- and the Arlington Memorial Bridge, or gional Director, to provide sightseeing to provide limited direct nonstop pas- service on any portion of the parkway. senger service from Key Bridge to a Permits may be issued either on an an- terminus at the Central Intelligence nual basis for a fee of three dollars Agency Building at Langley, Virginia, ($3.00) for each passenger-carrying seat and direct return, or to provide limited in such vehicle; on a quarterly basis for direct nonstop passenger service from a fee of seventy-five cents (75) per seat; the interchange at Route 123 to a ter- or on a daily basis at the rate of one minus at the Central Intelligence dollar ($1.00) per vehicle per day. Agency Building at Langley, Virginia, (3) Taxicabs—(i) Operations around and direct return. Permittees shall file Memorials. Parking, except in des- a schedule of operation and all sched- ignated taxicab stands, or cruising on ule changes with the Regional Director the access roads to the Washington showing the number of such vehicles Monument, the Lincoln Memorial, the and total miles to be operated on the Jefferson Memorial, and the circular parkway. roads around the same, of any taxicab (B) When operating nonscheduled di- or hack without passengers is prohib- rect, nonstop service primarily for the ited. However, this section does not accommodation of air travelers arriv- prohibit the operation of empty cabs ing at or leaving from Dulles Inter- responding to definite calls for hack national Airport or Washington Na- service by passengers waiting at such tional Airport: between Dulles Inter- Memorials, or of empty cabs which national Airport and a terminal in have just discharged passengers at the Washington, DC, over the George entrances of the Memorials, when such Washington Memorial Parkway be- operation is incidental to the empty tween Virginia Route 123 and Key cabs’ leaving the area by the shortest Bridge; or between Washington Na- route.

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(ii) Stands. The Superintendent may (iii) The term ‘‘national celebration designate taxicab stands in suitable events’’ means the annually recurring and convenient locations to serve the special events regularly scheduled by public. the National Capital Region, which are (4) The provisions of this section pro- listed in paragraph (g)(4)(i) of this sec- hibiting commercial trucks and com- tion. mon carriers do not apply within other (iv) The term ‘‘White House area’’ Federal reservations in the environs of means all park areas, including side- the District of Columbia and do not walks adjacent thereto, within these apply on that portion of Suitland Park- bounds; on the south, Constitution Av- way between the intersection with enue NW.; on the north, H Street NW.; Maryland Route 337 and the end of the on the east, 15th Street, NW.; and on Parkway at Maryland Route 4, a length the west, 17th Street NW. of 0.6 mile. (v) The term ‘‘White House sidewalk’’ (5) Parking. Violation of a traffic con- means the south sidewalk of Pennsyl- trol device regulating parking is pun- vania Avenue NW., between East and ishable by fine. In any violation of a West Executive Avenues NW. traffic control device regulating park- (vi) The term ‘‘Lafayette Park’’ ing, proof that the described vehicle means the park areas, including side- was parked in violation, together with walks adjacent thereto, within these proof that the defendant was at the bounds: on the south, Pennsylvania Av- time the registered owner of the vehi- enue NW.; on the north, H Street NW.; cle, shall constitute a prima facie pre- on the east, Madison Place NW.; and on sumption that the registered owner of the west, Jackson Place NW. the vehicle was the person who com- (vii) The term ‘‘Ellipse’’ means the mitted the violation. 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 by one or more persons, the conduct of Service, U.S. Department of the Inte- which has the effect, intent or propen- rior, or an authorized representative sity to draw a crowd or onlookers. This thereof. term does not include casual park use (ix) The term ‘‘other park areas’’ in- by visitors or tourists which does not cludes all areas, including sidewalks have an intent or propensity to attract adjacent thereto, other than the White a crowd or onlookers. House area, administered by the Na- (ii) The term ‘‘special events’’ in- tional Capital Region. cludes sports events, pageants, celebra- (x) The term ‘‘Vietnam Veterans Me- tions, historical reenactments, regat- morial’’ means the structures and adja- tas, entertainments, exhibitions, pa- cent areas extending to and bounded by rades, fairs, festivals and similar the south curb of Constitution Avenue events (including such events presented on the north, the east curb of Henry by the National Park Service), which Bacon Drive on the west, the north side are not demonstrations under para- of the north Reflecting Pool walkway graph (g)(1)(i) of this section, and on the south and a line drawn perpen- which are engaged in by one or more dicular to Constitution Avenue two persons, the conduct of which has the hundred (200) feet from the east tip of effect, intent or propensity to draw a the memorial wall on the east (this is crowd or onlookers. This term also also a line extended from the east side does not include casual park use by of the western concrete border of the visitors or tourists which does not have steps to the west of the center steps to an intent or propensity to attract a the Federal Reserve Building extending crowd or onlookers. to the Reflecting Pool walkway).

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(2) Permit requirements. Demonstra- rector if the size and nature of the actions and special events may be held tivity will not reasonably require the only pursuant to a permit issued in ac- commitment of park resources or per- cordance with the provisions of this sonnel in excess of that which are nor- section except: mally available or which can reason- (i) Demonstrations involving 25 per- ably be made available within the nec- sons or fewer may be held without a essary time period. The Regional Di- permit provided that the other condi- rector shall accept permit applications tions required for the issuance of a per- only during the hours of 8 a.m.–4 p.m., mit are met and provided further that Monday through Friday, holidays ex- the group is not merely an extension of cepted. All demonstration applications, another group already availing itself of except those seeking waiver of the nu- the 25-person maximum under this pro- merical limitations applicable to La- vision or will not unreasonably inter- fayette Park (paragraph (g)(5)(ii) of fere with other demonstrations or spe- this section), are deemed granted, sub- cial events. ject to all limitations and restrictions (ii) Demonstrations may be held in applicable to said park area, unless de- the following park areas without a per- nied within 24 hours of receipt. How- mit provided that the conduct of such ever, where a permit has been granted, demonstrations is reasonably con- or is deemed to have been granted pur- sistent with the protection and use of suant to this subsection, the Regional the indicated park area and the other Director may revoke that permit pur- requirements of this section. The nu- suant to paragraph (g)(6) of this sec- merical limitations listed below are ap- tion. plicable only for demonstrations con- (i) White House area. No permit may ducted without a permit in such areas. be issued authorizing demonstrations Larger demonstrations may take place in the White House area, except for the in these areas pursuant to a permit. White House sidewalk, Lafayette Park (A) Franklin Park. Thirteenth Street, and the Ellipse. No permit may be between I and K Streets NW., for no issued authorizing special events, ex- more than 500 persons. cept for the Ellipse, and except for an- (B) McPherson Square. Fifteenth nual commemorative wreath-laying Street, between I and K Streets NW., ceremonies relating to the statutes in for no more than 500 persons. Lafayette Park. (C) U.S. Reservation No. 31. West of (ii) Other park areas. No permits may 18th Street and south of H Street NW., be issued authorizing demonstrations for no more than 100 persons. or special events in the following other (D) Rock Creek and Potomac Parkway. park areas: West of 23rd Street, south of P Street (A) The Washington Monument, NW., for no more than 1,000 persons. which means the area enclosed within (E) U.S. Reservation No. 46. North side the inner circle that surrounds the of Pennsylvania Avenue, west of Monument’s base, except for the offi- Eighth Street and south of D Street, cial annual commemorative Wash- SE., for no more than 25 persons and ington birthday ceremony. south of D Street SE., for no more than (B) The Lincoln Memorial, which 25 persons. means that portion of the park area (3) Permit applications. Permit appli- which is on the same level or above the cations may be obtained at the Divi- base of the large marble columns sur- sion of Park Programs, National Mall rounding the structure, and the single and Memorial Parks, 900 Ohio Drive series of marble stairs immediately ad- SW., Washington, DC 20024. Applicants jacent to and below that level, except shall submit permit applications in for the official annual commemorative writing on a form provided by the Na- Lincoln birthday ceremony. tional Park Service so as to be received (C) The Jefferson Memorial, which by the Regional Director at the Divi- means the circular portion of the Jef- sion of Park Programs at least 48 hours ferson Memorial enclosed by the outer- in advance of any proposed demonstra- most series of columns, and all portion or special event. This 48-hour pe- tions on the same levels or above the riod will be waived by the Regional Di- base of these columns, except for the

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official annual commemorative Jeffer- onstrations and special events in order son birthday ceremony. of receipt. NPS will not accept applica- (D) The Vietnam Veterans Memorial, tions more than one year in advance of except for official annual Memorial a proposed continuous event (including Day and Veterans Day commemorative set-up time, if any). Use of a particular ceremonies. Note: The darkened por- area is allocated in order of receipt of tions of the diagrams at the conclusion fully executed applications, subject to of paragraph (g) of this section show the limitations in this section. the areas where demonstrations or spe- (ii) Specific national celebration cial events are prohibited. events have priority use of particular (4) Permit processing. (i) NPS proc- park areas as shown in the following esses permit applications for dem- table:

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

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

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

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Streets and the general public between The Presidential Inaugural Committee During the following 7th and 4th Streets; and may use the following area . . . period . . . (2) A 150-foot-by-200-foot area on the (1) The White House sidewalk and La- November 1 National Mall just east of 7th Street, fayette Park. through March 1. for the exclusive use of the Presi- (2) Pennsylvania Avenue, National His- December 7 dential Inaugural Committee for tele- toric Park and Sherman Park. through February vision and radio media broadcasts on 10. (3) The National Mall between 14th and January 6 through Inaugural Day. 1st Streets. January 30. (D) The Presidential Inaugural Com- mittee may also use portions of its des- (E) Maps of designated portions of ignated areas reasonably necessary for Pennsylvania Avenue, National His- setting up and taking down stands, toric Park and Sherman Park referred bleachers, media and parade support to in paragraph (g)(4)(iii)(B) of this sec- structures as shown in the following tion are as follows: table:

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

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

Park area Permit validity period Permit validity period for inaugural activities

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

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

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

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

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required to meet support and safety re- cation equipment so that it will not quirements and that are not used so as unreasonably disturb nonparticipating to form an enclosure of two (2) or more persons in, or in the vicinity of, the sides) may be used in Lafayette Park, area. provided that no individual may have (xii) A permit may contain addi- more than two (2) such signs in the tional reasonable conditions and addi- Park at any one time, and provided fur- tional time limitations, consistent ther that such signs must be attended with this section, in the interest of at all times (the term ‘‘attended’ is de- protecting park resources, the use of fined as an individual being within nearby areas by other persons, and three (3) feet of his or her sign(s)), and other legitimate park value concerns. provided further that such signs may not (xiii) A permit issued under this sec- be elevated in a manner so as to exceed tion does not authorize activities out- a height of six (6) feet above the ground side of areas under administration by at their highest point, may not be ar- the National Capital Region. Appli- ranged or combined in a manner so as cants may also be required to obtain a to exceed the size limitations set forth permit from the District of Columbia in this paragraph, and may not be ar- or other appropriate governmental en- ranged in such a fashion as to form an tity for demonstrations or special enclosure of two (2) or more sides. For events sought to be conducted either example, under this provision, two four-feet by four-feet signs may not be wholly or in part in other than park combined so as to create a sign eight areas. feet long and four feet wide, and three (6) Permit revocation. A permit issued such signs may not be arranged to cre- for a demonstration is revocable only ate a sign four feet long and twelve feet upon a ground for which an application wide, and two or more signs of any size therefor would be subject to denial may not be leaned or otherwise placed under paragraphs (g) (4) or (5) of this together so as to form an enclosure of section. Any such revocation, prior to two or more sides, etc. the conduct of the demonstration, shall (x) Stages and sound amplification be in writing and shall be approved by may not be placed closer than one hun- the Regional Director. During the con- dred (100) feet from the boundaries of duct of a demonstration, a permit may the Vietnam Veterans Memorial and be revoked by the ranking U.S. Park sound systems shall be directed away Police supervisory official in charge if from the memorial at all times. continuation of the event presents a (xi) Sound amplification equipment clear and present danger to the public is allowed in connection with per- safety, good order or health or for any mitted demonstrations or special violation of applicable law or regula- events, provided prior notice has been tion. A permit issued for a special given to the Regional Director, except event is revocable, at any time, in the that: reasonable discretion of the Regional (A) Sound amplification equipment Director. may not be used on the White House (7) Further information on admin- sidewalk, other than hand-portable istering these regulations can be found sound amplification equipment which in policy statements published at 47 FR the Regional Director determines is 24299, June 4, 1982, and at 47 FR 24302, necessary for crowd-control purposes. June 4, 1982. Copies of the policy state- (B) The Regional Director reserves ments may be obtained from the Re- the right to limit the sound amplifi- 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 administering 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; 72 FR cost or donation. 54843, Sept. 27, 2007; 73 FR 67744, Nov. 17, 2008; (l) Rock Creek Park. (1) Notwith- 75 FR 8807, Feb. 26, 2010; 76 FR 17028, Mar. 28, standing the provisions of 36 CFR 5.1, 2011] the Superintendent of Rock Creek § 7.97 Golden Gate National Recre- Park may permit the recognition of ation Area. and the advertising by the primary (a) Boat landings—Alcatraz Island. Ex- sponsor or sponsors of not more than cept in emergencies, the docking of two professional tennis tournaments any privately-owned vessel, as defined per year at the Rock Creek Tennis Cen- in § 1.4 of this chapter, or the landing of ter. any person at Alcatraz Island without (2) All activities conducted under a permit or contract is prohibited. The this paragraph shall be appropriate to Superintendent may issue a permit park values and consistent with the upon a determination that the appli- protection of park resources and shall cant’s needs cannot be provided by au- comply with criteria specified in a thorized commercial boat transpor- written permit. tation to Alcatraz Island and that the (3) Any permit issued under this proposed activities of the applicant are paragraph shall be valid only for those compatible with the preservation and periods of time during which a profes- protection of Alcatraz Island. sional tennis tournament is being held, (b) Powerless flight. The use of devices and shall limit all advertising and rec- designed to carry persons through the ognition to the confines of the tennis air in powerless flight is allowed at stadium structure and the contiguous times and locations designated by the paved plaza, not to include any of the superintendent, pursuant to the terms fields or paved parking lots except and conditions of a permit. within the interior of permitted tents (c) Designated bicycle routes. The use on Parking Lot A. These areas shall be of a bicycle is permitted according to marked on a map available in the Su- § 4.30 of this chapter and, in non-devel- perintendent’s office. oped areas, as follows: (4) No advertising or recognition ac- (1) Bicycle use is permitted on routes tivities may take place without a writ- which have been designated by the Su- ten permit as specified in this para- perintendent as bicycle routes by the graph. Any person who violates a pro- posting of signs, and as designated on vision of this paragraph is subject to maps which are available in the office the penalty provisions of 36 CFR 1.3 of the superintendent and other places and revocation of the permit if a per- convenient to the public. mit exists. (2) Bicycle speed limits are as fol- (m) Information collection. The infor- lows: mation collection requirements con- (i) 15 miles per hour: Upon all des- tained in this section have been ap- ignated routes in Golden Gate National proved by the Office of Management Recreation Area. and Budget under 44 U.S.C. 3507 and as- (ii) 5 miles per hour: On blind curves signed clearance number 1024–0021. The and when passing other trail users. information is being collected to pro- (3) The following are prohibited: vide notification to park managers, (i) The possession of a bicycle on United States Park Police, Metropoli- routes not designated as open to bicy- tan Police, and the Secret Service of cle use. the plans of organizers of large-scale (ii) Operating a bicycle on designated demonstrations and special events in bicycle routes between sunset and sun- order to assist in the provision of secu- rise without exhibiting on the bicycle

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or on the operator an activated white Connecticut that are allowed by deeded light that is visible from a distance of right-of-way reserved by the seller or at least 500 feet to the front and with a by public road right-of-way. You may red light or reflector visible from at also cross National Park Service ad- least 200 feet to the rear. ministered lands within the Appa- (d) Dogs—Crissy Field and Ocean lachian National Scenic Trail corridor Beach Snowy Plover Areas. (1) Dogs at the following locations: must be restrained on a leash not more (2) Nahmakanta Lake Spur—The spur than six feet in length starting July 1 snowmobile route that leads from and ending May 15, in the following Maine Bureau of Parks and Lands areas: Debsconeag Pond Road to the south- (i) Crissy Field Wildlife Protection eastern shore of Nahmakanta Lake. Area (WPA): Dog walking restricted to (3) Lake Hebron to Blanchard-Shirley on-leash only in the area encompassing Road Spur—The spur snowmobile route the shoreline and beach north of the that leads from Lake Hebron near Mon- Crissy Field Promenade (excluding the son, Maine to the Maine Inter- paved parking area, sidewalks and connecting Trail System Route 85 near grass lawn of the former Coast Guard the Blanchard-Shirley Road. Station complex) that stretches east (4) Massachusetts Turnpike to Lower from the Torpedo Wharf to approxi- Goose Pond Crossing—That part of the mately 700 feet east of the former Massachusetts Interconnecting Trail Coast Guard station, and all tidelands System Route 95 from the Massachu- and submerged lands to 100 yards off- setts Turnpike Appalachian Trail shore. Bridge to the northeastern shore of (ii) Ocean Beach Snowy Plover Pro- Lower Goose Pond. tection Area (SPPA): Dog walking re- (5) Temporary crossings of National stricted to on-leash only in the area Park Service administered Appa- which encompasses the shoreline and lachian Trail corridor lands may be beach area west of the GGNRA bound- designated by the Park Manager in the ary, between Stairwell 21 to Sloat Bou- Superintendent’s Compendium of Or- levard, including all tidelands and sub- ders when designated snowmobile merged lands to 1,000 feet offshore. routes are temporarily dislocated by (2) Notice of these annual restric- timber haul road closures. tions will be provided through the post- (6) Maps that show the crossings of ing of signs at the sites, on maps iden- National Park Service administered tifying the restricted areas on the lands within the Appalachian National park’s official website and through Scenic Trail may be obtained from the maps made available at other places Park Manager, Appalachian National convenient to the public. Scenic Trail, Harpers Ferry Center, Harpers Ferry, West Virginia 25425. [38 FR 32931, Nov. 29, 1973, as amended at 49 (c) Is powerless flight permitted? The FR 18452, Apr. 30, 1984; 57 FR 58716, Dec. 11, use of devices designed to carry persons 1992; 73 FR 54321, Sept. 19, 2008] through the air in powerless flight is § 7.100 Appalachian National Scenic allowed at times and locations des- Trail. ignated by the Park Manager, pursuant to the terms and conditions of a per- (a) What activities are prohibited? (1) mit. The use of bicycles, motorcycles or other motor vehicles is prohibited. The [67 FR 8481, Feb. 25, 2002] operation of snowmobiles is addressed in paragraph (b). PART 8—LABOR STANDARDS APPLI- (2) The use of horses or pack animals CABLE TO EMPLOYEES OF NA- is prohibited, except in locations des- TIONAL PARK SERVICE CONCES- ignated for their use. (b) Where can I operate my snowmobile? SIONERS (1) You may cross the Appalachian Na- Sec. tional Scenic Trail corridor by using 8.1 Definitions. established, State-approved snow- 8.2 Basis and purpose. mobile trails in Maine, New Hamp- 8.3 Applicability. shire, Vermont, Massachusetts and 8.4 Federal and State labor laws.

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8.5 Access for investigators. basis of the regulations in this part and 8.6 Complaints; appeal. their purpose is its implementation. 8.7 Record keeping. 8.8 Filing of labor agreements. § 8.3 Applicability. 8.9 Posting of regulations. This part shall not apply to: AUTHORITY: 16 U.S.C. 1, 3, 9a, 462(k). (a) Concessioners providing and oper- SOURCE: 24 FR 11053, Dec. 30, 1959, unless ating medical services. otherwise noted. (b) Personal servants. (c) Employees engaged in agricul- § 8.1 Definitions. tural activities, including the care, As used in this part: handling, and feeding of livestock. (d) Detectives, watchmen, guards, (a) National park includes a national and caretakers. monument or other area under the ad- (e) Bona fide executives or depart- ministrative jurisdiction of the Na- ment heads. tional Park Service of the Department (f) Solicitors or outside salesmen of the Interior. whose compensation is chiefly on a (b) Concessioner includes any indi- commission basis. vidual, partnership, corporation, or (g) Professional sports instructors other business entity engaged in oper- and entertainers. ating facilities within or without a na- (h) The following employees, when tional park for the accommodation of approved by the Director: Employees visitors to the park under a contract for whom relief is clearly impracti- with or permit from the Secretary or cable because of peculiar conditions the Director. arising from the fact that operations (c) Employee includes any individual are carried on in areas having no resi- employed by a concessioner in connec- dent population or are located at long tion with operations covered by a con- distances from a supply of available tract with or permit from the Sec- labor; employees whose employment retary or the Director. requires special or technical training (d) Executive or department head in- or skill, where no person capable of cludes any employee whose primary providing relief is available within a duty is the management of the busi- reasonable distance; employees in ness of the concessioner, or a custom- small units accessible only by trail or arily recognized department thereof, remote from centers of activity, or op- and who customarily and regularly di- erating on a small volume of business rects the work of other employees with primarily for the convenience of the authority to employ and discharge public. other employees, or whose suggestions and recommendations as to the em- § 8.4 Federal and State labor laws. ployment, discharge, advancement or A concessioner shall comply with all promotion of such employees will be standards established pursuant to Fed- given particular weight by the conces- eral or State labor laws, such as those sioner, and who customarily and regu- concerning minimum wages, child larly exercises discretionary powers. labor, hours of work, and safety, that (e) State means any State, Territory, apply in the State in which the conces- possession, or the District of Columbia. sion facility is located. All conces- [24 FR 11053, Dec. 30, 1959, as amended at 62 sioners shall comply with Federal child FR 30234, June 3, 1997] labor regulations regardless of their annual volume of business or any other § 8.2 Basis and purpose. exemptions provided by Federal law. The public using the national parks [51 FR 24656, July 8, 1986] is better served when the employees of the concessioners enjoy the benefits of § 8.5 Access for investigators. fair labor standards and when, in this Concessioners shall permit represent- respect, they are treated at least as atives of this Department and, when well as those employed in similar occu- appropriate and authorized representa- pations outside such areas, but within tives of other Federal or State agen- the same State. This principle is the cies, access to any of their places of

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employment for the purpose of exam- agreement in effect on the effective ining pay rolls and other records and date of the regulations in this part, otherwise to ascertain the facts with covering rates of pay, hours of work, respect to compliance with the regula- and conditions of employment duly ne- tions in this part and State labor laws. gotiated with their employees as a The report of any investigation con- whole or by class, craft, or other appro- cerning a violation of the regulations priate unit. Thereafter, on July 1 of in this part shall be submitted to the each year concessioners shall file cop- superintendent of the national park in- ies of all such agreements then in ef- volved. fect with the Director of the National [24 FR 11053, Dec. 30, 1959. Redesignated at 51 Park Service. FR 24656, July 8, 1986] [24 FR 11053, Dec. 30, 1959. Redesignated at 51 FR 24656, July 8, 1986] § 8.6 Complaints; appeal. Any question pertaining to the inter- § 8.9 Posting of regulations. pretation or application of or compli- Concessioners shall post in a con- ance with this part which cannot be spicuous place easily accessible to all satisfactorily settled between a conces- employees copies of the regulations in sioner and his employee, employees, or this part in such form as the Director employee representative may be re- may approve. ferred for review by any of the parties concerned to the Director, National [24 FR 11053, Dec. 30, 1959. Redesignated at 51 FR 24656, July 8, 1986] Park Service. Any person adversely affected by the decision of the Director, National Park Service, may appeal to PART 9—MINERALS MANAGEMENT the Director, Office of Hearings and Appeals, in accordance with the gen- Subpart A—Mining and Mining Claims eral rules set forth in Department Sec. Hearings and Appeals Procedures, 43 9.1 Purpose and scope. CFR part 4, subpart B, and the special 9.2 Definitions. procedural rules in subpart G of 43 CFR 9.3 Access permits. part 4, applicable to proceedings in ap- 9.4 Surface disturbance moratorium. peals cases which do not lie within the 9.5 Recordation. 9.6 Transfers of interest. appellate jurisdiction of an established 9.7 Assessment work. Appeals Board of the Office of Hearings 9.8 Use of water. and Appeals. 9.9 Plan of operations. 9.10 Plan of operations approval. [36 FR 7184, Apr. 15, 1971. Redesignated at 51 9.11 Reclamation requirements. FR 24656, July 8, 1986] 9.12 Supplementation or revision of plan of operations. § 8.7 Record keeping. 9.13 Performance bond. Concessioners shall for a period of 3 9.14 Appeals. years keep records of the name, age, 9.15 Use of roads by commercial vehicles. address, and occupation of each of their 9.16 Penalties. employees, the rate of pay and the 9.17 Public inspection of documents. amount paid to each employee each 9.18 Surface use and patent restrictions. pay day, the hours worked each day Subpart B—Non-Federal Oil and Gas Rights and each work week by each employee and such other information concerning 9.30 Purpose and scope. employees as the Director may require. 9.31 Definitions. 9.32 Access. [24 FR 11053, Dec. 30, 1959. Redesignated at 51 9.33 Existing operations. FR 24656, July 8, 1986] 9.34 Transfers of interest. 9.35 Use of water. § 8.8 Filing of labor agreements. 9.36 Plan of operations. Within 60 days after the effective 9.37 Plan of operations approval. 9.38 Temporary approval. date of the regulations in this part 9.39 Reclamation requirements. (January 1, 1949), concessioners shall 9.40 Supplementation or revision of plan of file with the Director of the National operations. Park Service a copy of each labor 9.41 Operating standards.

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9.42 Well records and reports, plots and future generations. These regulations maps, samples, tests, and surveys. apply to all operations, as defined here- 9.43 Precautions necessary in areas where in, conducted within the boundaries of high pressures are likely to exist. any unit of the National Park System. 9.44 Open flows and control of ‘‘wild’’ wells. 9.45 Handling of wastes. [53 FR 25162, July 2, 1988] 9.46 Accidents and fires. 9.47 Cultural resource protection. § 9.2 Definitions. 9.48 Performance bond. 9.49 Appeals. The terms used in this part shall 9.50 Use of roads by commercial vehicles. have the following meanings: 9.51 Damages and penalties. (a) Secretary. The Secretary of the In- 9.52 Public inspection of documents. terior. (b) Operations. All functions, work Subpart C [Reserved] and activities in connection with mining on claims, including: prospecting, Subpart D—Alaska Mineral Resource exploration, surveying, development Assessment Program 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. lamation of the surface disturbed by 9.83 Coordination of AMRAP activities in such activities; and all activities and National Park System units. uses reasonably incident thereto, in- 9.84 Application requirements. 9.85 Environmental compliance. cluding construction or use of roads or 9.86 Application review process and ap- other means of access on National proval standards. Park System lands, regardless of 9.87 Permitting requirements and stand- whether such activities and uses take ards. place on Federal, State, or private 9.88 Permit modification, suspension, and lands. cancellation. (c) Operator. A person conducting or 9.89 Appeals. proposing to conduct operations. (d) Person. Any individual, partner- Subpart A—Mining and Mining ship, corporation, association, or other Claims entity. (e) Superintendent. The Super- AUTHORITY: Mining Law of 1872 (R.S. 2319; intendent, or his designee, of the unit 30 U.S.C. 21 et seq.); Act of August 25, 1916 (39 of the National Park System con- Stat. 535, as amended (16 U.S.C. 1 et seq.); taining claims subject to these regula- Act of September 28, 1976; 90 Stat. 1342 (16 tions. U.S.C. 1901 et seq.)). (f) Surface mining. Mining in surface SOURCE: 42 FR 4835, Jan. 26, 1977, unless excavations, including placer mining, otherwise noted. mining in open glory-holes or mining pits, mining and removing ore from § 9.1 Purpose and scope. open cuts, and the removal of capping These regulations control all activi- or overburden to uncover ore. ties within units of the National Park (g) The Act. The Act of September 28, System resulting from the exercise of 1976, 90 Stat. 1342, 16 U.S.C. 1901 et seq. valid existing mineral rights on pat- (h) Commercial vehicle. Any motorized ented or unpatented mining claims equipment used for transporting the without regard to the means or route product being mined or excavated, or by which the operator gains access to for transporting heavy equipment used the claim. The purpose of these regula- in mining operations. tions is to insure that such activities (i) Unit. Any National Park System are conducted in a manner consistent area containing a claim or claims sub- with the purposes for which the Na- ject to these regulations. tional Park System and each unit (j) Claimant. The owner, or his legal thereof were created, to prevent or representative, of any claim lying minimize damage to the environment within the boundaries of a unit. or other resource values, and to insure (k) Claim. Any valid, patented or that the pristine beauty of the units is unpatented mining claim, mill site, or preserved for the benefit of present and tunnel site.

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(l) Significantly disturbed for purposes part 36 govern access to claims, and the of mineral extraction. Land will be con- provisions of 36 CFR 9.3 (a), (b) and (c) sidered significantly disturbed for pur- are inapplicable. poses of mineral extraction when there has been surface extraction of commer- [42 FR 4835, Jan. 26, 1977, as amended at 53 cial amounts of a mineral, or signifi- FR 25162, July 5, 1988] cant amounts of overburden or spoil § 9.4 Surface disturbance moratorium. have been displaced due to the extraction of commercial amounts of a min- (a) For a period of four years after eral. Extraction of commercial September 28, 1976, no operator of a amounts is defined as the removal of claim located within the boundaries of ore from a claim in the normal course Death Valley National Monument, of business of extraction for processing Mount McKinley National Park, or or marketing. It does not encompass Organ Pipe Cactus National Monument the removal of ore for purposes of test- (see also claims subject to § 9.10(a)(3)) ing, experimentation, examination or shall disturb for purposes of mineral preproduction activities. exploration or development the surface (m) Designated roads. Those existing of any lands which had not been sig- roads determined by the Super- nificantly disturbed for purposes of intendent in accordance with 36 CFR mineral extraction prior to February 1.5 to be open for the use of the public 29, 1976, except as provided in this sec- or an operator. tion. However, where a claim is sub- (n) Production. Number of tons of a ject, for a peroid of four years after marketable mineral extracted from a September 28, 1976, to this section sole- given operation. ly by virtue of § 9.10(a)(3), the date be- [42 FR 4835, Jan. 26, 1977, as amended at 60 fore which there must have been sig- FR 55791, Nov. 3, 1995; 62 FR 30234, June 3, nificant disturbance for purposes of 1997] mineral extraction is January 26, 1977. (b) An operator of a claim in one of § 9.3 Access permits. these units seeking to enlarge an exist- (a) All special use or other permits ing excavation or otherwise disturb the dealing with access to and from claims surface for purposes of mineral explo- within any unit are automatically re- ration or development shall file with voked 120 days after January 26, 1977. the Superintendent an application All operators seeking new or continued stating his need to disturb additional access to and from a claim after that surface in order to maintain produc- date must file for new access permits tion at an annual rate not to exceed an in accordance with these regulations, average annual production level of said unless access to a mining claim is by operations for the three calendar years pack animal or foot. (See § 9.7 for re- 1973, 1974, and 1975. Accompanying the strictions on assessment work and application shall be a plan of oper- § 9.9(d) and § 9.10(g) for extensions of ations which complies with § 9.9 and permits.) (b) Prior to the issuance of a permit verified copies of production records for access to any claim or claims, the for the years 1973, 1974, and 1975. operator must file with the Super- (c) If the Regional Director finds that intendent a plan of operations pursu- the submitted plan of operations com- ant to § 9.9. No permit shall be issued plies with § 9.9, that enlargement of the until the plan of operations has been existing excavation of an individual approved in accordance with § 9.10. mining operation is necessary in order (c) No access to claims outside a unit to make feasible continued production will be permitted across unit lands un- therefrom at an annual rate not to ex- less such access is by foot, pack ani- ceed the average annual production mal, or designated road. Persons using level of said operation for the three such roads for access to such claims calendar years 1973, 1974, and 1975, and must comply with the terms of § 9.15 that the plan of operations meets the where applicable. applicable standard of approval of (d) In units of the National Park Sys- § 9.10(a)(1), he shall issue a permit al- tem in Alaska, regulations at 43 CFR lowing the disturbance of the surface of

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the lands contiguous to the existing ex- (d) The effect of failure to file the in- cavation to the minimum extent nec- struments required by paragraphs (b) essary to effect such enlargement. For and (c) of this section shall be con- the purpose of this section ‘‘lands controlled by 43 CFR 3833.4. Recordation or tiguous to the existing excavation’’ filing under this section shall not shall include land which actually ad- render any claim valid which would not joins the existing excavation or which otherwise be valid under applicable law could logically become an extension of and shall not give the claimant any the excavation; for example, drilling to rights to which he is not otherwise en- determine the extent and direction to titled by law. which the existing excavation should (Act of September 28, 1976 (16 U.S.C. 1901 et be extended may be permitted at a site seq.), Act of August 25, 1916 (16 U.S.C. 1 and which does not actually adjoin the ex- 2–4) and 245 DM (42 FR 12931), as amended) cavating. [44 FR 20427, Apr. 5, 1979] (d) The appropriate reclamation standard to be applied will be deter- § 9.6 Transfers of interest. mined by the nature of the claim. (See (a) Whenever a claimant who has re- §§ 9.11(a)(1) and (a)(2).) corded his unpatented claim(s) with (e) Operations conducted under a per- the Superintendent pursuant to the remit pursuant to this section shall be quirements of § 9.5 sells, assigns, be- subject to all the limitations imposed queaths, or otherwise conveys all or by this part. any part of his interest in his claim(s), (f) For the purposes of this section, the Superintendent shall be notified each separate mining excavation shall within 60 days after completion of the be treated as an individual mining op- transfer of: The name of the claim(s) eration. involved; the name and legal address of the person to whom an interest has § 9.5 Recordation. been sold, assigned, bequeathed, or oth- (a) Any unpatented mining claim in a erwise transferred; and a description of unit in existence on September 28, 1976, the interest conveyed or received. Cop- which was not recorded on or before ies of the transfer documents will be September 28, 1977, in accordance with provided by the Superintendent to the the Notice of October 20, 1976 (41 FR Bureau of Land Management. Failure 46357) or 36 CFR 9.5 as promulgated on to so notify the Superintendent shall January 26, 1977, is, pursuant to section render any existing access permit void. 8 of the Act, conclusively presumed to (b) If the transfer occurs within the be abandoned and shall be void. period of 12 months from the effective (b) Any unpatented mining claim in a date of the Act and the prior owner has unit established after September 28, not recorded the unpatented claim 1976, or in an area added to an existing with the Superintendent in accordance unit after that date, shall be recorded with these regulations, the holder by with the Bureau of Land Management transfer shall have the remainder of in accordance with the provisions of the 12-month period to record the section 314 of the Federal Land Policy unpatented claim. Failure to record and Management Act (FLPMA), 90 shall be governed by the provisions of Stat. 2769, 43 U.S.C. 1744, and regula- § 9.5(c). tions implementing it (43 CFR 3833.1). (c) A claimant of an unpatented min- § 9.7 Assessment work. ing claim in any unit must file annu- (a) An access permit and approved ally with the Bureau of Land Manage- plan of operations must be obtained by ment a notice of intention to hold a a claimant prior to the performance of claim or evidence of annual assessment any assessment work required by Re- work required by section 314 of vised Statute 2324 (30 U.S.C. 28) on a FLPMA, as implemented by 43 CFR claim in a unit. 3833.2. A copy of each such filing will be (b) Permits will be issued in accord- provided to the Superintendent of the ance with the following: appropriate unit by the Bureau of Land (1) In units subject to the surface dis- Management. turbance moratorium of section 4 of

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the Act and § 9.4, no access permits will proved by the Regional Director. All be granted for the purpose of per- operations within any unit shall be forming assessment work. conducted in accordance with an ap- (2) It has been determined that in all proved plan of operations. other units the Secretary will not chal- (b) The proposed plan of operations lenge the validity of any unpatented shall relate, as appropriate, to the pro- claim within a unit for the failure to posed operations (e.g. exploratory, de- do assessment work during or after the velopmental or extraction work) and assessment year commencing Sep- shall include but is not limited to: tember 1, 1976. The Secretary expressly (1) The names and legal addresses of reserves, however, the existing right to the following persons: The operator, contest claims for failure to do such the claimant if he is not the operator, work in the past. No access permits and any lessee, assignee, or designee will be granted solely for the purpose thereof; of performing assessment work in these (2) A map or maps showing the pro- units except where claimant estab- posed area of operations; existing roads lishes the legal necessity for such per- or proposed routes to and from the area mit in order to perform work necessary of operations; areas of proposed min- to take the claim to patent, and has ing; location and description of surface filed and had approved a plan of oper- facilities, including dumps; ations as provided by these regula- (3) A description of the mode of tions. (For exploratory or development transport and major equipment to be type work, see § 9.9.) used in the operations; (4) A description of the proposed op- § 9.8 Use of water. erations and an estimated timetable (a) No operator may use for oper- for each phase of operations and the ations any water from a point of diver- completion of operations; sion which is within the boundaries of (5) The nature and extent of the any unit unless authorized in writing known deposit to be mined. When the by the Regional Director. The Regional claim is located in a National Monu- Director shall not approve a plan of opment in Alaska and is unpatented, a erations requiring the use of water completed Supplemental Claim Infor- from such source unless the right to mation Statement shall be submitted the water has been perfected under ap- describing the quantity, quality, and plicable State law, has a priority date any previous production of the deposit; prior to the establishment of the unit (6) A mining reclamation plan dem- and there has been a continued bene- onstrating compliance with the re- ficial use of that water right. quirements of § 9.11; (b) If an operator whose operations (7) All steps taken to comply with will require the use of water from a any applicable Federal, State, and point of diversion within the bound- local laws or regulations, including the aries of the unit can show that he has applicable regulations in 36 CFR, chap- a perfected State water right junior to ter I; the reserved water right of the United (8) In units subject to the surface dis- States and can demonstrate that the turbance moratorium of section 4 of exercise of that State water right will the Act and § 9.4, proof satisfactory to not diminish the Federal right, which the Regional Director that the surface is that amount of water necessary for of the area on which the operation is to the purposes for which the unit was es- occur was significantly disturbed for tablished, he will be authorized to use purposes of mineral extraction prior to water from that source for operations, February 29, 1976, or if the area was not if he has complied with all other provi- so disturbed, proof, including produc- sions of these regulations. tion records for the years 1973, 1974, and 1975, that new disturbance is necessary § 9.9 Plan of operations. to maintain an average annual rate of (a) No operations shall be conducted production not to exceed that of the within any unit until a plan of oper- years 1973, 1974, and 1975; ations has been submitted by the oper- (9) An environmental report ana- ator to the Superintendent and ap- lyzing the following:

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(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 (10) Any additional information that (3) For operations which had signifi- is required to enable the Regional Di- cantly disturbed the surface of the rector to effectively analyze the effects claim for purposes of mineral extrac- that the operations will have on the tion prior to January 26, 1977, if the preservation, management and public claim has not been taken to patent, or use of the unit, and to make a decision the patent is subject to surface use re- regarding approval or disapproval of strictions, where the operations would the plan of operations and issuance or constitute a nuisance in the vicinity of denial of the access permit. the operation, or would significantly (c) In all cases the plan must con- injure or adversely affect federally sider and discuss the unit’s Statement owned lands. Provided, however, oper- for Management and other planning ations under this paragraph shall be documents, and activities to control, limited by the provisions of § 9.4, not- minimize or prevent damage to the rec- withstanding the limitation of that reational, biological, scientific, cul- section’s applicability to the three enu- tural, and scenic resources of the unit. merated units; (d) Any person conducting operations (4) Where the claim, regardless of on January 26, 1977, shall be required to when it was located, has not been pat- submit a plan of operations to the Su- ented and the operations would result perintendent. If otherwise authorized, in the destruction of surface resources, operations in progress on January 26, such as trees, vegetation, soil, water 1977, may continue for 120 days from resources, or loss of wildlife habitat, that date without having an approved not required for development of the plan. After 120 days from January 26, claim; or 1977, no such operations shall be con- (5) Where the operations would conducted without a plan approved by the Regional Director, unless access is ex- stitute a violation of the surface dis- tended under the existing permit by turbance moratorium of section 4 of the Regional Director. (See § 9.10(g).) the Act; or (6) Where the plan does not satisfy [42 FR 4835, Jan. 26, 1977, as amended at 44 each of the requirements of § 9.9. FR 11069, Feb. 27, 1979] (b) Within 60 days of the receipt of a § 9.10 Plan of operations approval. proposed plan of operations, the Re- gional Director shall make an environ- (a) The Regional Director shall not mental analysis of such plan, and approve a plan of operations: (1) For existing or new operations if (1) Notify the operator that he has the claim was patented without surface approved or rejected the plan of oper- use restriction, where the operations ations; or would constitute a nuisance in the vi- (2) Notify the operator of any cinity of the operation, or would sig- changes in, or additions to the plan of nificantly injure or adversely affect operations which are necessary before federally owned lands; or such plan will be approved; or (2) For operations which had not sig- (3) Notify the operator that the plan nificantly disturbed the surface of the is being reviewed, but that more time, claim for purposes of mineral extrac- not to exceed an additional 30 days, is tion prior to January 26, 1977, if the necessary to complete such review, and

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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 required, has been prepared and filed (2) The operator shall immediately with the Council on Environmental bring to the attention of the Super- Quality. intendent any cultural and/or scientific (c) Failure of the Regional Director resource that might be altered or de- to act on a proposed plan of operations stroyed by his operation and shall and related permits within the time pe- leave such discovery intact until told riod specified shall constitute an ap- to proceed by the Superintendent. The proval of the plan and related permits Superintendent will evaluate the dis- for a period of three (3) years. coveries brought to his attention, and (d) The Regional Director’s analysis will determine within ten (10) working may include: days what action will be taken with re- (1) An examination of the environ- spect to such discoveries. mental report filed by the operator; (3) The responsibility for, and cost of (2) An evaluation of measures and investigations and salvage of such val- timing required to comply with rec- ues that are discovered during oper- lamation requirements; ations will be that of the operator, (3) An evaluation of necessary condi- where the claim is unpatented. tions and amount of the bond or secu- (f) The operator shall protect all sur- rity deposit to cover estimated rec- vey monuments, witness corners, ref- lamation costs; erence monuments and bearing trees (4) An evaluation of the need for any additional requirements in access per- against destruction, obliteration, or mit; and damage from mining operations, and (5) A determination regarding the im- shall be responsible for the reestablish- pact of this operation and the cumu- ment, restoration, or referencing of lative impact of all operations on the any monuments, corners and bearing management of the unit. trees which are destroyed, obliterated, (e) Prior to approval of a plan of op- or damaged by such mining operations. erations, the Regional Director shall (g) Pending approval of the plan of determine whether any properties in- operations, the Regional Director may cluded in, or eligible for inclusion in, approve, on a temporary basis, the con- the National Register of Historic tinuation of existing operations if nec- Places or National Registry of Natural essary to enable timely compliance Landmarks may be affected by the pro- with these regulations and with Fed- posed activity. This determination will eral, State, or local laws, or if a halt to require the acquisition of adequate in- existing operations would result in an formation, such as that resulting from unreasonable economic burden or in- field surveys, in order to properly de- jury to the operator. Such work must termine the presence of and signifi- be conducted in accordance with all ap- cance of cultural resources within the plicable laws, and in a manner pre- area to be affected by mining oper- scribed by the Regional Director and ations. Whenever National Register designed to minimize or prevent sig- properties or properties eligible for inclusion in the National Register would nificant environmental effects. be affected by mining operations, the (h) Approval of each plan of oper- Regional Director shall comply with ations is expressly conditioned upon

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the Superintendent having such rea- or public use of the unit, and return of sonable access to the claim as is nec- the area to a condition equivalent to essary to properly monitor and insure its pristine beauty. compliance with the plan of operations. (c) Reclamation required by this section shall apply to operations author- § 9.11 Reclamation requirements. ized under this part, except that all (a) As contemporaneously as possible terms relating to reclamation of pre- with the operations, but in no case viously issued special use permits re- later than six (6) months after comple- voked by this part for operations to be tion of operations and within the time continued under an approved plan of specified in an approved mining rec- operations shall be incorporated into lamation plan, unless a longer period is the operator’s reclamation plans. authorized in writing by the Regional Director, each operator shall initiate § 9.12 Supplementation or revision of reclamation as follows: plan of operations. (1) Where the claim was patented (a) An approved plan of operations without surface use restriction, the op- may require reasonable revision or sup- erator shall at a minimum: plementation to adjust the plan to (i) Remove all above ground struc- changed conditions or to correct over- tures, equipment, and other manmade sights. debris used for operations; and (1) The Regional Director may ini- (ii) Rehabilitate the area of oper- tiate an alteration by notifying the op- ations to a condition which would not erator in writing of the proposed alter- constitute a nuisance; or would not ad- ation and the justification therefor. versely affect, injure or damage, feder- The operator shall have thirty (30) days ally owned lands. to comment on the proposal. (2) On any claim which was patented (2) The operator may initiate an al- with surface use restrictions or is teration by submitting to the Super- unpatented, each operator must take intendent a written statement of the steps to restore natural conditions and proposal, and the justification therefor. processes, which steps shall include, but are not limited to: (b) Any proposal initiated under (i) Removing all above ground struc- paragraph (a) of this section by either tures, equipment and other manmade party shall be reviewed and decided by debris; the Regional Director in accordance (ii) Providing for the prevention of with § 9.10. Where the operator believes surface subsidence; he has been aggrieved by a decision (iii) Replacing overburden and spoil, under this paragraph, he may appeal wherever economically and techno- the decision pursuant to § 9.14. logically practicable; § 9.13 Performance bond. (iv) Grading to reasonably conform the contour of the area of operations to (a) Upon approval of a plan of oper- a contour similar to that which existed ations the operator shall be required to prior to the initiation of operations, file a suitable performance bond with where such grading will not jeopardize satisfactory surety, payable to the Sec- reclamation; retary or his designee. The bond shall (v) Replacing the natural topsoil nec- be conditioned upon faithful compli- essary for vegetative restoration; and ance with applicable regulations, the (vi) Reestablishing native vegetative terms and conditions of the permit, communities. lease, or contract, and the plan of oper- (b) Reclamation under paragraph ations as approved, revised or supple- (a)(2) of this section is unacceptable mented. unless it provides for the safe move- (b) In lieu of a performance bond, an ment of native wildlife, the reestab- operator may elect to deposit with the lishment of native vegetative commu- Secretary, or his designee, cash or ne- nities, the normal flow of surface and gotiable bonds of the U.S. Government. reasonable flow of subsurface waters, The cash deposit or the market value the return of the area to a condition of such securities shall be at least which does not jeopardize visitor safety equal to the required sum of the bond.

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(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 conform to the plan of operations as modi- is the record on which his decision was fied. based at the time it is forwarded to the (e) The operator’s and his surety’s re- Director of the National Park Service. sponsibility and liability under the The National Park Service shall make bond or security deposit shall continue the record available to the operator until such time as the Superintendent upon request. determines that successful reclamation (c) If the Director considers the of the area of operations has occurred. record inadequate to support the deci- (f) When all required reclamation re- sion on appeal, he may provide for the quirements of an approved plan of oper- production of such additional evidence ations are completed, the Super- or information as may be appropriate, intendent shall notify the operator or may remand the case to the Re- that performance under the bond or se- gional Director, with appropriate in- curity deposit has been completed and structions for further action. that it is released. (d) On or before the expiration of § 9.14 Appeals. forty-five (45) days after his receipt of the exceptions to the Regional Direc- (a) Any operator aggrieved by a deci- tor’s decision, the Director shall make sion of the Regional Director in con- his decision in writing; Provided, how- nection with the regulations in this ever, That if more than forty-five (45) part may file with the Regional Direc- days are required for a decision after tor a written statement setting forth in detail the respects in which the deci- the exceptions are received, the Direc- sion is contrary to, or in conflict with, tor shall notify the parties to the ap- the facts, the law, these regulations, or peal and specify the reason(s) for delay. is otherwise in error. No such appeal The decision of the Director shall in- will be considered unless it is filed with clude (1) a statement of facts, (2) con- the Regional Director within thirty clusions, and (3) reasons upon which (30) days after the date of notification the conclusions are based. The decision to the operator of the action or deci- of the Director shall be the final ad- sion complained of. Upon receipt of ministrative action of the agency on a such written statement from the ag- proposed plan of operations. grieved operator, the Regional Director (e) A decision of the Regional Direc- shall promptly review the action or de- tor from which an appeal is taken shall cision and either reverse his original not be automatically stayed by the fil- decision or prepare his own statement, ing of a statement of appeal. A request explaining that decision and the rea- for a stay may accompany the state- sons therefor, and forward the statement of appeal or may be directed to ment and record on appeal to the Di- the Director. The Director shall rector, National Park Service, for re- promptly rule on requests for stays. A view and decision. Copies of the Re- decision of the Director on request for gional Director’s statement shall be a stay shall constitute a final adminis- furnished to the aggrieved operator, trative decision. who shall have 20 days within which to file exceptions to the Regional Direc- tor’s decision. The Department has the

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§ 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. (2) An adjustment of the fee may be [42 FR 4835, Jan. 26, 1977, as amended at 48 FR 30296, June 30, 1983] made at the discretion of the Super- intendent where a cooperative maintenance agreement is entered into with Subpart B—Non-Federal Oil and the operator. Gas Rights (b) No commercial vehicle which exceeds roadway load limits specified by AUTHORITY: 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- roads administered by the National lishing the units of the National Park Sys- Park Service unless authorized by tem, including but not limited to: Act of written permit from the Super- April 25, 1947, 61 Stat. 54 (16 U.S.C. 241, et intendent. seq.); Act of July 2, 1958, 72 Stat. 285 (16 (c) Should a commercial vehicle used U.S.C. 410, et seq.); Act of October 27, 1972, 86 in operations cause damage to roads or Stat. 1312 (16 U.S.C. 460dd, et seq.): Act of Oc- other facilities of the National Park tober 11, 1974, 88 Stat. 1256 (16 U.S.C. 698– 698e); Act of October 11, 1974, 88 Stat. 1258 (16 Service, the operator shall be liable for U.S.C. 698f–698m); Act of December 27, 1974, 88 all damages so caused. Stat. 1787 (16 U.S.C. 460ff et seq.).

§ 9.16 Penalties. SOURCE: 43 FR 57825, Dec. 8, 1978, unless Undertaking any operation within otherwise noted. the boundaries of any unit in violation § 9.30 Purpose and scope. of this part shall be deemed a trespass against the United States, and the pen- (a) These regulations control all ac- alty provisions of 36 CFR part 1 are in- tivities within any unit of the National applicable to this part. Park System in the exercise of rights to oil and gas not owned by the United § 9.17 Public inspection of documents. States where access is on, across or (a) Upon receipt of the plan of oper- through federally owned or controlled ations the Superintendent shall publish lands or waters. Such rights arise most a notice in the FEDERAL REGISTER ad- frequently in one of two situations: (1) vising the availability of the plan for When the land is owned in fee, includ- public review. ing the right to the oil and gas, or (2) (b) Any document required to be sub- When in a transfer of the surface estate mitted pursuant to the regulations in to the United States, the grantor re- this part shall be made available for served the rights to the oil and gas. public inspection at the Office of Su- These regulations are designed to in- perintendent during normal business sure that activities undertaken pursu- hours. The availability of such records ant to these rights are conducted in a for inspection shall be governed by the manner consistent with the purposes rules and regulations found at 43 CFR for which the National Park System part 2. and each unit thereof were created, to prevent or minimize damage to the en- § 9.18 Surface use and patent restric- vironment and other resource values, tions. and to insure to the extent feasible (a) The regulations in 43 CFR 3826.2– that all units of the National Park 5 and 3826.2–6, 3826.4–1(g) and 3826.4–1(h), System are left unimpaired for the en- and 3826.5–3 and 3826.5–4 will apply to joyment of future generations.

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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. only to the exploratory phase, allowing (g) Commercial Vehicle. Any motorized careful preparation of a plan for the equipment used in direct or indirect production phase after exploration is support of operations. completed. This allows for phased rec- (h) Unit. Any National Park System lamation and bonding at a level com- area. mensurate with the level of operations (i) Owner. The owner, or his legal rep- approved. However, it must be noted resentative, of the rights to oil and gas that because of potential cumulative being exercised. impacts, and because of qualitative dif- (j) Designated Roads. Those existing ferences in the nature of the oper- roads determined by the Super- ations, approval of a plan of operations intendent in accordance with 36 CFR covering one phase of operations does 1.5 and § 4.19 to be open for the use of not guarantee later approval of a plan the general public or for the exclusive of operations covering a subsequent use of an operator. phase. (k) Oil. Any viscous combustible liq- [43 FR 57825, Dec. 8, 1978, as amended at 44 uid hydrocarbon or solid hydrocarbon FR 37914, June 29, 1979] substance easily liquifiable on warm- ing which occurs naturally in the § 9.31 Definitions. earth, including drip gasoline or other The terms used in this subpart shall natural condensates recovered from gas have the following meanings: without resort to manufacturing proc- (a) Secretary. The Secretary of the In- ess. terior. (l) Gas. Any fluid, either combustible (b) Director. The Director of the Na- or noncombustible, which is produced tional Park Service or his designee. in a natural state from the earth and (c) Operations. All functions, work which maintains a gaseous or rarefied and activities within a unit in connec- state at ordinary temperature and tion with exploration for and develop- pressure conditions. ment of oil and gas resources, the right (m) Site. Those lands or waters on to which is not owned by the United which operations are to be carried out. States, including: gathering basic in- (n) Contaminating substances. Those formation required to comply with this substances, including but not limited subpart, prospecting, exploration, sur- to, salt water or any other injurious or veying, preproduction development and toxic chemical, waste oil or waste

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emulsified oil, basic sediment, mud these regulations if he is using direc- with injurious or toxic additives, or in- tional drilling techniques which result jurious or toxic substances produced or in the drill hole crossing into the unit used in the drilling, development, pro- and passing under any land or water duction, transportation, or on-site the surface of which is owned by the storage, refining, and processing of oil United States. Except, that the oper- and gas. ator need not comply in those areas (o) Statement for Management. A Na- where, upon application of the operator tional Park Service planning document or upon his own action, the Regional used to guide short- and long-term Director is able to determine from management of a unit; to determine available data, that such operations the nature and extent of planning re- pose no significant threat of damage to quired to meet the unit’s management park resources, both surface and sub- objectives; and, in the absence of more 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; § 9.33 Existing operations. 62 FR 30234, June 3, 1997] (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 the United States to a site for oper- section. After expiration of such exist- ations will be granted except for oper- ing permits no operations shall be con- ations covered by § 9.33 and, except as ducted except under an approved plan provided by § 9.38, until the operator of operations, unless access is granted has filed a plan of operations pursuant by the Regional Director under § 9.38. to § 9.36 and has had the plan of oper- (1) All Federal special use permits ations approved in accordance with dealing with access on, across or § 9.37. An approved plan of operations through lands or waters owned or con- serves as the operator’s access permit. trolled by the United States to a site (b) No operations shall be conducted for the conduct of operations within on a site within a unit, access to which any unit issued prior to January 8, 1979 is on, across or through federally- shall expire according to their terms owned or controlled lands or waters ex- and shall not be renewed, unless by the cept in accordance with an approved terms of the existing permit it must be plan of operations, the terms of § 9.33 or renewed. approval under § 9.38. (2) All operations on a site in a unit (c) Any operator intending to use air- access to which is on, across, or craft of any kind for access to a feder- through federally owned or controlled ally-owned or controlled site must lands or waters conducted pursuant to comply with these regulations. Failure a valid State access permit may be of an operator to receive the proper approval under these regulations prior to continued for the term of that permit, using aircraft in this manner is a viola- exclusive of any renewal period wheth- tion of both these regulations and 36 er mandatory or discretionary, if con- CFR 2.17. ducted in accordance with the permit. (d) No access to a site outside a unit (b) Any person conducting operations will be permitted across unit lands un- on January 8, 1979 in a unit where Fed- less such access is by foot, pack ani- eral or State permits were not required mal, or designated road. Persons using prior to January 8, 1979 may continue designated roads for access to such a those operations pending a final deci- site must comply with the terms of sion on his plan of operations; Provided, § 9.50 where applicable. That: (e) Any operator on a site outside the (1) The operator (within thirty (30) boundaries of a unit must comply with days of January 8, 1979), notifies the

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Superintendent in writing of the na- performance bond which complies with ture and location of the operations; the requirements of § 9.48. and (2) Within sixty (60) days after such § 9.35 Use of water. notification, the operator submits, in No operator may use for operations accordance with these regulations, a any water from a point of diversion substantially complete proposed plan which is within the boundaries of any of operations for those operations; unit unless authorized in writing by (3) Failure to comply with § 9.33(b) (1) the Regional Director. The Regional and (2) shall constitute grounds for the Director shall not approve a plan of op- suspension of operations. erations requiring the use of water (c) At any time when operations from such source unless the operator which are allowed to continue under shows either that his right to the use § 9.33 (a) and (b) pose an immediate of the water is superior to any claim of threat of significant injury to federally the United States to the water, or owned or controlled lands or waters, 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. right to appeal the suspension under § 9.48. § 9.36 Plan of operations. (a) The proposed plan of operations [43 FR 57825, Dec. 8, 1978; 44 FR 37914, June 29, shall include, as appropriate to the pro- 1979] posed operations, the following: (1) The names and legal addresses of § 9.34 Transfers of interest. the following persons: The operator, (a) Whenever an owner of rights and the owner(s) or lessee(s) (if rights being exercised under an approved plan are State-owned) other than the oper- of operations sells, assigns, bequeaths, ator; or otherwise conveys all or any part of (2) Copy of the lease, deed, designa- those rights, he, his agent, executor, or tion of operator, or assignment of representative must notify the Super- rights upon which the operator’s right intendent within sixty (60) days of the to conduct operations is based; transfer of: the site(s) involved; the (3) A map or maps showing the loca- name and address of the person to tion of the perimeter of the area where whom an interest has been conveyed; the operator has the right to conduct and a description of the interest trans- operations, as described in § 9.36(a)(2), ferred. Failure to so notify the Super- referenced to the State plane coordi- intendent shall render the approval of nate system or other public land sur- any previously approved plan of oper- vey as acceptable to the Super- ations void. intendent; (b) The transferring owner shall re- (4) A map or maps showing the loca- main responsible for compliance with tion, as determined by a registered the plan of operations and shall remain land surveyor or civil engineer, of a liable under his bond until such time as point within a site of operations show- the Superintendent is notified of the ing its relationship to the perimeter of transfer in accordance with paragraph the area described in § 9.36(a)(2) and to (a). At that time the Superintendent the perimeter of the site of operations; will prohibit the new owner from oper- the location of existing and proposed ating until such time as the new owner access roads or routes to the site; the has filed with the Superintendent: (1) A boundaries of proposed surface disturb- statement ratifying the existing plan ance; the location of proposed drilling; of operations and stating his intent to location and description of all surface be bound thereby, or a new plan of op- facilities including sumps, reserve pits erations, and (2) a suitable substitute and ponds; location of tank batteries,

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production facilities and gathering, drilling and the quantities and types of service and transmission lines; wellsite mud and weighting material to be layout; sources of construction mate- maintained; rials such as fill; and the location of (v) The testing, logging, and coring ancillary facilities such as camps, sani- programs to be followed; tary facilities, water supply and dis- (vi) Anticipated abnormal pressures posal facilities, and airstrips. The point or temperatures expected to be encoun- within the site of operations identified tered; or potential hazards to persons by registered land surveyor or civil en- and the environment such as hydrogen gineer shall be marked with a perma- sulfide gas or oil spills, along with nent ground monument acceptable to plans for mitigation of such hazards; the Superintendent, shall contain the (11) A description of the steps to be point’s State plane coordinate values, taken to comply with the applicable and shall be placed at least to an accu- operating standards of § 9.41 of this sub- racy of third order, class I, unless oth- part; erwise authorized by the Super- intendent; (12) Provisions for reclamation which (5) A description of the major equip- will result in compliance with the re- ment to be used in the operations, in- quirements of § 9.39: cluding a description of equipment and (13) A breakdown of the estimated methods to be used for the transport of costs to be incurred during the imple- all waters used in or produced by oper- mentation of the reclamation plan; ations, and of the proposed method of (14) Methods for disposal of all rub- transporting such equipment to and bish and other solid and liquid wastes, from the site; and contaminating substances; (6) An estimated timetable for any (15) An affidavit stating that the op- phase of operations for which approval erations planned are in compliance is sought and the anticipated date of with all applicable Federal, State and operation completion; local laws and regulations; (7) The geologic name of the surface (16) Background information, includ- formation; ing: (8) The proposed drilling depth, and (i) A description of the natural, cul- the estimated tops of important geo- tural, social and economic environ- logic markers; ments to be affected by operations, in- (9) The estimated depths at which an- cluding a description and/or map(s) of ticipated water, brines, oil, gas, or the location of all water, abandoned, other mineral bearing formations are temporarily abandoned, disposal, pro- expected to be encountered; duction, and drilling wells of public (10) The nature and extent of the record within a two-mile radius of the known deposit or reservoir to be pro- proposed site. Where such information duced and a description of the proposed is available from documents identified operations, including: in § 9.36(d), specific reference to the (i) The proposed casing program, in- document and the location within the cluding the size, grade, and weight of document where such information can each string, and whether it is new or be found will be sufficient to satisfy used; (ii) The proposed setting depth of this requirement; each casing string, and the amount of (ii) The anticipated direct and indi- type of cement, including additives, to rect effects of the operations on the be used; unit’s natural, cultural, social, and (iii) The operator’s minimum speci- economic environment; fications for pressure control equip- (iii) Steps to be taken to insure min- ment which is to be used, a schematic imum surface disturbance and to miti- diagram thereof showing sizes, pressure gate any adverse environmental ef- ratings, and the testing procedures and fects, and a discussion of the impacts testing frequency; which cannot be mitigated; (iv) The type and characteristics of (iv) Measures to protect surface and the proposed circulating medium or subsurface waters by means of casing mediums to be employed for rotary and cement, etc.;

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(v) All reasonable technologically § 9.37 Plan of operations approval. feasible alternative methods of oper- (a) The Regional Director shall not ations, their costs, and their environ- approve a plan of operations: mental effects, and (1) Until the operator shows that the (vi) The effects of the steps to be operations will be conducted in a man- taken to achieve reclamation; ner which utilizes technologically fea- (17) Any other facets of the proposed sible methods least damaging to the operations which the operator wishes federally-owned or controlled lands, to point out for consideration; and waters and resources of the unit while (18) Any additional information that assuring the protection of public is required to enable the Super- health and safety. intendent to establish whether the op- (2) For operations at a site the sur- erator has the right to conduct oper- face estate of which is not owned by ations as specified in the plan of oper- the Federal government, where operations 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 (b) Where any information required to ensure the preservation of its nat- to be submitted as part of a proposed ural and ecological integrity in per- plan of operations has been submitted petuity, or would significantly injure to the Superintendent in substantially the federally-owned or controlled lands the same form in a prior approved plan or waters; Provided, however, That if of operations, a specific cross-reference the application of this standard would, to that information contained in the under applicable law, constitute a tak- prior approved plan of operations will ing of a property interest rather than be sufficient to incorporate it into the an appropriate exercise of regulatory authority, the plan of operations may proposed plan and will satisfy the ap- be approved if the operations would be plicable requirement of this section. conducted in accordance with para- (c) Information and materials sub- graph (a)(1) of this section, unless a de- mitted in compliance with this section cision is made to acquire the mineral will not constitute a plan of operations interest. until information required by § 9.36(a) (4) Where the plan of operations does (1) through (18), which the Super- not satisfy each of the requirements of intendent determines as pertinent to § 9.36 applicable to the operations pro- the type of operations proposed, has posed. been submitted to and determined ade- (b) Within sixty (60) days of the re- quate by the Regional Director. ceipt of a plan of operations, the Re- (d) In all cases the plan of operations gional Director shall make an environ- must consider and discuss the unit’s mental analysis of such plan, and: Statement for Management and other (1) Notify the operator that the plan planning documents as furnished by of operations has been approved or re- the Superintendent, and activities to jected, and, if rejected, the reasons for control, minimize or prevent damage the rejection; or to the recreational, biological, phys- (2) Notify the operator that the plan ical, scientific, cultural, and scenic re- of operations has been conditionally approved, subject to the operator’s ac- sources of the unit, and any reclama- ceptance of specific provisions and tion procedures suggested by the Su- stipulations; or perintendent. (3) Notify the operator of any modi- [43 FR 57825, Dec. 8, 1978; 44 FR 37914, June 29, fication of the plan of operations which 1979] is necessary before such plan will be

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approved or of additional information (4) An evaluation of the need for any needed to effectively analyze the ef- additional requirements in the plan; fects that the operations will have on (5) A determination regarding the im- the preservation, management and use pact of this operation and cumulative of the unit, and to make a decision re- impacts of all proposed and existing op- garding approval or disapproval of the erations on the management of the plan of operations and the amount of unit; and the performance bond to be posted; or (6) A determination whether imple- (4) Notify the operator that the plan mentation by the operator of an ap- of operations is being reviewed, but proved plan of operations would be a that more time, not to exceed an addi- major Federal action significantly af- tional thirty days, is necessary to com- fecting the quality of the human envi- plete such review, and setting forth the ronment or would be sufficiently con- reasons why additional time is re- troversial to warrant preparation of an quired. Provided, however, That days environmental statement pursuant to during which the area of operations is section 102(2)(c) of the National Envi- inaccessible for such reasons as inclem- ronmental Policy Act of 1969. ent weather, natural catastrophe, acts (e) Prior to approval of a plan of op- of God, etc., for inspection shall not be erations, the Regional Director shall included when computing either this determine whether any properties in- time period, or that in subsection (b) cluded in, or eligible for inclusion in above; or the National Register of Historic (5) Notify the operator that the plan Places or National Registry of Natural of operations has been reviewed, but Landmarks may be affected by the pro- cannot be considered for approval until posed operations. This determination forty-five (45) days after a final envi- will require the acquistion of adequate ronmental statement has been pre- information, such as that resulting pared and filed with the Environmental from field surveys, in order to properly Protection Agency; or determine the presence and signifi- (6) Notify the operator that the plan cance of cultural resources within the of operations is being reviewed, but areas to be affected by operations. that more time to provide opportuni- Whenever National Register properties ties for public participation in the plan or properties eligible for inclusion in of operations review and to provide suf- the National Register would be affected ficient time to analyze public com- by operations, the Regional Director ments received is necessary. Within shall comply with section 106 of the thirty (30) days after closure of the Historic Preservations Act of 1966 as public comment period specified by the implemented by 36 CFR part 800. Regional Director, he shall comply (f) Approval of each plan of oper- with § 9.37(b) (1) through (5). ations is expressly conditioned upon (c) The Regional Director shall act as the Superintendent having such rea- expeditiously as possible upon a pro- sonable access to the site as is nec- posed plan of operations consistent essary to properly monitor and insure with the nature and scope of the oper- compliance with the plan of operations. ations proposed. Failure to act within [43 FR 57825, Dec. 8, 1978; 44 FR 37914, June 29, the time limits specified in this section 1979] shall constitute a rejection of the plan of operations from which the operator § 9.38 Temporary approval. shall have a right to appeal under § 9.49. (a) The Regional Director may ap- (d) The Regional Director’s analysis prove on a temporary basis: shall include: (1) Access on, across or through fed- (1) An examination of all information erally-owned or controlled lands or wa- submitted by the operator; ters for the purpose of collecting basic (2) An evaluation of measures and information necessary to enable timely timing required to comply with rec- compliance with these regulations. lamation requirements; Such temporary approval shall be for a (3) An evaluation of necessary condi- period not in excess of sixty (60) days. tions and amount of the bond or secu- (2) The continuance of existing oper- rity deposit (See § 9.48); ations, if their suspension would result

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in an unreasonable economic burden or ment may remain where they are to be injury to the operator; provided that used for continuing operations which such operations must be conducted in are the subject of another approved accordance with all applicable laws, plan of operations or of a plan which and in a manner prescribed by the Re- has been submitted for approval. gional Director designed to minimize (2) On any site where the surface es- or prevent significant environmental tate is owned or controlled by the Fed- damage; and provided that within sixty eral government, each operator must (60) days of the granting of such tem- take steps to restore natural condi- porary approval the operator either: tions and processes. These steps shall (i) Submits an initial substantially include but are not limited to: complete plan of operations; or (i) Removing all above ground struc- (ii) If a proposed plan of operations tures, equipment and roads used for op- has been submitted, responds to any erations, except that such structures, outstanding requests for additional in- equipment and roads may remain formation. where they are to be used for con- (b) The Regional Director may ap- tinuing operations which are the sub- prove new operations on a temporary ject of another approved plan of oper- basis only when: ations or of a plan which has been sub- (1) The Regional Director finds that mitted for approval, or unless other- the operations will not cause signifi- wise authorized by the Regional Direc- cant environmental damage or result tor consistent with the unit purpose in significant new or additional surface and management objectives; disturbance to the unit; and either (ii) Removing all other man-made de- (2) The operator can demonstrate a bris resulting from operations; compelling reason for the failure to (iii) Removing or neutralizing any have had timely approval of a proposed contaminating substances; plan of operations; or (iv) Plugging and capping all non- (3) The operator can demonstrate productive wells and filling dump that failure to grant such approval will holes, ditches, reserve pits and other result in an unreasonable economic excavations; burden or injury to the operator. (v) Grading to reasonably conform [43 FR 57825, Dec. 8, 1978, as amended at 44 the contour of the area of operations to FR 37914, June 29, 1979] a contour similar to that which existed prior to the initiation of operations, § 9.39 Reclamation requirements. where such grading will not jeopardize (a) Within the time specified by the reclamation; reclamation provisions of the plan of (vi) Replacing the natural topsoil operations, which shall be as soon as necessary for vegetative restoration; possible after completion of approved and operations and shall not be later than (vii) Reestablishing native vegetative six (6) months thereafter unless a communities. longer period of time is authorized in (b) Reclamation under paragraph writing by the Regional Director, each (a)(2) of this section is unacceptable operator shall initiate reclamation as unless it provides for the safe move- follows: ment of native wildlife, the reestab- (1) Where the Federal government lishment of native vegetative commu- does not own the surface estate, the op- nities, the normal flow of surface and erator shall at a minimum: reasonable flow of subsurface waters, (i) Remove or neutralize any con- and the return of the area to a condi- taminating substances; and tion which does not jeopardize visitor (ii) Rehabilitate the area of oper- safety or public use of the unit. ations to a condition which would not constitute a nuisance or would not ad- § 9.40 Supplementation or revision of versely affect, injure, or damage feder- plan of operations. ally-owned lands or waters, including (a) A proposal to supplement or re- removal of above ground structures vise an approved plan of operations and equipment used for operations, ex- may be made by either the operator or cept that such structures and equip- the Regional Director to adjust the

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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 notified in writing sixty (60) days prior Superintendent. Fences erected for pro- to the date such changes become effec- tection of unit visitors and wildlife tive, during which time the operator shall be of a design and material ac- may submit comments on proposed ceptable to the Superintendent, and changes. If failure to implement pro- where appropriate, shall have at least posed changes would pose immediate one gate which is of sufficient width to threat of significant injury to feder- allow access by fire trucks. Hazards ally-owned or controlled lands or wa- within visitor use areas will be clearly ters, the provisions of § 9.33(c) apply. marked with warning signs acceptable to the Superintendent. § 9.41 Operating standards. (f) The operator shall carry on all op- The following standards shall apply erations and maintain the site at all to operations within a unit: times in a safe and workmanlike man- (a) Surface operations shall at no ner, having due regard for the preserva- time be conducted within 500 feet of tion of the environment of the unit. the banks of perennial, intermittent or The operator shall take reasonable ephemeral watercourses; or within 500 steps to prevent and shall remove accu- feet of the high pool shoreline of nat- mulations of oil or other materials ural or man-made impoundments; or deemed to be fire hazards from the vi- within 500 feet of the mean high cinity of well locations and lease tideline; or within 500 feet of any struc- tanks, and shall remove from the prop- ture or facility (excluding roads) used erty or store in an orderly manner all for unit interpretation, public recre- scrap or other materials not in use. ation or for administration of the unit, (g) Operators will be held fully ac- unless specifically authorized by an ap- countable for their contractor’s or sub- proved plan of operations. contractor’s compliance with the re- (b) The operator shall protect all sur- quirements of the approved plan of op- vey monuments, witness corners, ref- erations. erence monuments and bearing trees against destruction, obliteration, or [43 FR 57825, Dec. 8, 1978; 44 FR 37915, June 29, damage from operations and shall be 1979] responsible for the reestablishment, restoration, or referencing of any § 9.42 Well records and reports, plots monuments, corners and bearing trees and maps, samples, tests and sur- which are destroyed, obliterated, or veys. damaged by such operations. Any technical data gathered during (c) Whenever drilling or producing the drilling of any well, including daily operations are suspended for 24 hours drilling reports and geological reports, or more, but less than 30 days, the which are submitted to the State pur- wells shall be shut in by closing well- suant to State regulations, or to any head valves or blowout prevention other bureau or agency of the Federal equipment. When producing operations government shall be available for in- are suspended for 30 days or more, a spection by the Superintendent upon suitable plug or other fittings accept- his request.

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§ 9.43 Precautions necessary in areas which may be required under State or where high pressures are likely to local laws. exist. § 9.47 Cultural resource protection. When drilling in ‘‘wildcat’’ territory, or in any field where high pressures are (a) Where the surface estate of the likely to exist, the operator shall take site is owned by the United States, the all necessary precautions for keeping operator shall not, without written au- the well under control at all times and thorization of the Superintendent, in- shall install and maintain the proper jure, alter, destroy, or collect any site, high-pressure fittings and equipment structure, object, or other value of his- to assure proper well control. Under torical, archeological, or other cultural such conditions the surface string must scientific importance in violation of be cemented through its length, unless the Antiquities Act (16 U.S.C. 431–433 another procedure is authorized or pre- (See 43 CFR part 3). scribed by the Superintendent, and all (b) Once approved operations have strings of casing must be securely an- commenced, the operator shall imme- chored. diately bring to the attention of the Superintendent any cultural or sci- § 9.44 Open flows and control of ‘‘wild’’ entific resource encountered that wells. might be altered or destroyed by his operation and shall leave such dis- The operator shall take all techno- covery intact until told to proceed by logically feasible precautions to pre- the Superintendent. The Super- vent any oil, gas, or water well from intendent will evaluate the discoveries blowing open or becoming ‘‘wild,’’ and brought to his attention, and will de- shall take immediate steps and exer- termine within ten (10) working days cise due diligence to bring under con- what action will be taken with respect trol any ‘‘wild’’ well, or burning oil or to such discoveries. gas well. § 9.48 Performance bond. § 9.45 Handling of wastes. (a) Prior to approval of a plan of op- Oilfield brine, and all other waste erations, the operator shall be required and contaminating substances must be to file a suitable performance bond kept in the smallest practicable area, with satisfactory surety, payable to must be confined so as to prevent es- the Secretary or his designee. The bond cape as a result of percolation, rain, shall be conditioned upon faithful com- high water or other causes, and such pliance with applicable regulations, wastes must be stored and disposed of and the plan of operations as approved, or removed from the area as quickly as revised or supplemented. This perform- practicable in such a manner as to pre- ance bond is in addition to and not in vent contamination, pollution, damage lieu of any bond or security deposit re- or injury to the lands, water (surface quired by other regulatory authorities. and subsurface), facilities, cultural re- (b) In lieu of a performance bond, an sources, wildlife, and vegetation of or operator may elect to deposit with the visitors of the unit. Secretary or his designee, cash or negotiable bonds of the U.S. Government. § 9.46 Accidents and fires. The cash deposit or the market value The operator shall take techno- of such securities shall be at least logically feasible precautions to pre- equal to the required sum of the bond. vent accidents and fires, shall notify When bonds are to serve as security, the Superintendent within 24 hours of there must be provided to the Sec- all accidents involving serious personal retary a power of attorney. injury or death, or fires on the site, (c) In the event that an approved and shall submit a full written report plan of operations is revised or supple- thereon within ninety (90) days. This mented in accordance with § 9.40, the report supersedes the requirement out- Regional Director may adjust the lined in 36 CFR 2.17, but does not re- amount of the bond or security deposit lieve persons from the responsibility of to conform to the modified plan of op- making any other accident reports erations.

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(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- claiming the site, either in its entirety [43 FR 57825, Dec. 8, 1978; 44 FR 37915, June 29, 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, supplemented, plan of operations; plus (a) Any operator aggrieved by a deci- (2) An amount set by the Super- sion of the Regional Director in con- intendent consistent with the type of nection with the regulations in this operations proposed, to bond against subpart may file with the Regional Di- the liability imposed by § 9.51(a); to rector a written statement setting provide the means for rapid and effec- forth in detail the respects in which tive cleanup; and to minimize damages the decision is contrary to, or is in con- resulting from an oil spill, the escape flict with the facts, the law, or these of gas, wastes, contaminating sub- regulations, or is otherwise in error. stances, or fire caused by operations. No such appeal will be considered un- This amount shall not exceed twenty- less it is filed with the Regional Direc- five thousand dollars ($25,000) for geo- tor within thirty (30) days after the physical surveys when using more than date of notification to the operator of one field party or five thousand dollars the action or decision complained of. ($5,000) when operating with only one Upon receipt of such written statement field party, and shall not exceed fifty from the aggrieved operator, the Re- thousand dollars ($50,000) for each gional Director shall promptly review wellsite or other operation. the action or decision and either re- (3) When an operator’s total bond or verse his original decision or prepare security deposit with the National his own statement, explaining that de- Park Service amounts to two hundred cision and the reasons therefor, and thousand dollars ($200,000) for activities forward the statement and record on conducted within a given unit, no fur- appeal to the Director for review and ther bond requirements shall be col- decision. Copies of the Regional Direc- lected for additional activities con- tor’s statement shall be furnished to ducted within that unit, and the oper- the aggrieved operator, who shall have ator may substitute a blanket bond of thirty (30) days within which to file ex- two hundred thousand dollars ($200,000) ceptions to the Regional Director’s de- for all operations conducted within the cision. The Department has the discre- unit. tion to initiate a hearing before the Of- (e) The operator’s and his surety’s re- fice of Hearing and Appeals in a par- sponsibility and liability under the ticular case (See 43 CFR 4.700). bond or security deposit shall continue (b) The official files of the National until such time as the Superintendent Park Service on the proposed plan of determines that successful reclamation operations and any testimony and doc- of the area of operations has occurred uments submitted by the parties on and, where a well has been drilled, the which the decision of the Regional Di- well has been properly plugged and rector was based shall constitute the abandoned. If all efforts to secure the record on appeal. The Regional Direc- operator’s compliance with pertinent tor shall maintain the record under provisions of the approved plan of oper- separate cover and shall certify that it ations are unsuccessful, the operator’s was the record on which his decision surety company will be required to per- was based at the time it was forwarded form reclamation in accordance with to the Director of the National Park the approved plan of operations. Service. The National Park Service (f) Within thirty (30) days after deter- shall make the record available to the mining that all reclamation require- operator upon request. ments of an approved plan of oper- (c) If the Director considers the ations are completed, including proper record inadequate to support the deci- abandonment of the well, the Regional sion on appeal, he may provide for the Director shall notify the operator that production of such additional evidence the period of liability under the bond or information as may be appropriate,

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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 exclude: (1) A statement of facts; (2) con- ceeds roadway load limits specified by clusions; and (3) reasons upon which the Superintendent shall be used on the conclusions are based. The decision roads administered by the National of the Director shall be the final ad- Park Service unless authorized in writ- ministrative action of the agency on a ing by the Superintendent, or unless proposed plan of operations. authorized by an approved plan of oper- (e) A decision of the Regional Direc- ations. tor from which an appeal is taken shall (c) Should a commercial vehicle used not be automatically stayed by the fil- in operations cause damage to roads, ing of a statement of appeal. A request resources or other facilities of the Na- for a stay may accompany the state- tional Park Service, the operator shall ment of appeal or may be directed to be liable for all damages so caused. the Director. The Director shall promptly rule on requests for stays. A § 9.51 Damages and penalties. decision of the Director on request for (a) The operator shall be held liable a stay shall constitute a final adminis- for any damages to federally-owned or trative decision. controlled lands, waters, or resources (f) Where, under this subpart, the Su- resulting from his failure to comply perintendent has the authority to with either his plan of operations, or, make the original decision, appeals where operations are continued pursu- may be taken in the manner provided ant to § 9.33, failure to comply with the by this section, as if the decision had applicable permit or, where operations been made by the Regional Director, are temporarily approved under § 9.38, except that the original statement of failure to comply with the terms of appeal shall be filed with the Super- that approval. intendent, and if he decides not to re- (b) The operator agrees, as a condi- verse his original decision, the Re- tion for receiving an approved plan of gional Director shall have, except as operations, that he will hold harmless noted below, the final review author- the United States and its employees ity. The only decision of a Regional Di- from any damages or claims for injury rector under this paragraph which or death of persons and damage or loss shall be appealable by the Director is of property by any person or persons an appeal from a suspension under arising out of any acts or omissions by § 9.51(b). Such an appeal shall follow the operator, his agents, employees or the procedure of paragraphs (a)–(3) of subcontractors done in the course of this section. operations. [43 FR 57825, Dec. 8, 1978; 44 FR 37915, June 29, (c) Undertaking any operations with- 1979] in the boundaries of any unit in violation of this Subpart shall be deemed a § 9.50 Use of roads by commercial ve- trespass against the United States and hicles. shall be cause for revocation of ap- (a) After January 8, 1978, no commer- proval of the plan of operations. cial vehicle shall use roads adminis- (1) When a violation by an operator tered by the National Park Service under an approved plan of operations is without being registered with the Su- discovered, and if it does not pose an

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immediate threat of significant injury business hours, unless otherwise avail- to federally-owned or controlled lands able pursuant to § 9.51(b). This does not or waters, the operator will be notified include those records only made avail- in writing by the Superintendent and able for the Superintendent’s inspec- will be given ten (10) days to correct tion under § 9.41 of this Subpart or the violation; if the violation is not those records determined by the Super- corrected within ten (10) days, approval intendent to contain proprietary or of the plan of operations will be sus- confidential information. The avail- pended until such time as the violation ability of such records for inspection is corrected. shall be governed by the rules and reg- (2) If the violation poses an imme- ulations found at 43 CFR part 2. diate threat of significant injury to federally-owned or controlled lands or [43 FR 57825, Dec. 8, 1978; 44 FR 37915, June 29, waters, approval of the plan of oper- 1979] ations will be immediately suspended until such time as the violation is cor- Subpart C [Reserved] rected. The operator will be notified in writing within five (5) days of any sus- Subpart D—Alaska Mineral pension and shall have the right to ap- Resource Assessment Program peal that decision under § 9.48. (3) Failure to correct any violation or damage to federally owned or con- AUTHORITY: 16 U.S.C. 410hh; 16 U.S.C. 3101, trolled lands, waters or resources et seq.; 16 U.S.C. 1, et seq.; 16 U.S.C. 347; 16 caused by such violations will result in U.S.C. 410bb; 16 U.S.C. 431; 16 U.S.C. 1131 et seq. revocation of plan of operations approval. SOURCE: 56 FR 22652, May 16, 1991, unless otherwise noted. [43 FR 57825, Dec. 8, 1978; 44 FR 37915, June 29, 1979] § 9.80 Purpose. § 9.52 Public inspection of documents. These regulations govern the conduct (a) When a Superintendent receives a of the mineral resource assessment ac- request for permission for access on, tivities authorized under § 1010 of the across or through federally-owned or Alaska National Interest Lands Con- controlled lands or waters for the pur- servation Act (ANILCA), 16 U.S.C. 3101, pose of conducting operations, the Su- et seq., in units of the National Park perintendent shall publish a notice of System in Alaska. The regulations are this request in a newspaper of general designed to ensure that authorized circulation in the county(s) in which Federal agencies and their contractors the lands are situated, or in such publi- carry out mineral resource assessment cations as deemed appropriate by the activities in an environmentally sound Superintendent. manner that does not result in lasting (b) Upon receipt of the plan of oper- environmental impacts that appre- ations in accordance with § 9.35(c), the ciably alter the natural character of Superintendent shall publish a notice the units, or biological or ecological in the FEDERAL REGISTER advising the systems in the units; is compatible availability of the plan for public re- with the purposes for which the units view and comment. Written comments are established; and ensures that all received within thirty (30) days will be- units are left unimpaired and preserved come a part of the official record. As a for the enjoyment of present and future result of comments received or if oth- generations. erwise deemed appropriate by the Su- perintendent, he may provide addi- § 9.81 Scope and applicability. tional opportunity for public participa- These regulations apply to all activi- tion to review the plan of operations. ties conducted by authorized agencies (c) Any document required to be sub- and their contractors on public lands mitted pursuant to the regulations in in units of the National Park System this Subpart shall be made available in Alaska under the Alaska Mineral for public inspection at the office of Resource Assessment program the Superintendent during normal (AMRAP) as authorized by section 1010

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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 tion 1010 of ANILCA. and regulations, and amendments (d) Superintendent means the Super- thereto. intendent, or his/her designee, of the unit of the National Park System in § 9.82 Definitions. Alaska where AMRAP activities are conducted or proposed to be conducted. The terms used in this subpart shall have the following meaning: [56 FR 22652, May 16, 1991, as amended at 60 (a) AMRAP means the Alaska Min- FR 55791, Nov. 3, 1995; 62 FR 30234, June 3, eral Resource Assessment Program au- 1997] thorized by section 1010 of the Alaska § 9.83 Coordination of AMRAP activi- National Interest Lands Conservation ties in National Park System units. Act of 1980 (ANILCA), 16 U.S.C. 3150. (a) To facilitate compliance with this (b) AMRAP Activities means any Subpart, each AMRAP agency will des- project, method, technique or other ac- ignate a coordinator for AMRAP activity incidental to mineral resource tivities in Alaska who will be the cen- assessments conducted by authorized tral point of communications with the AMRAP agencies or their contractors NPS. The AMRAP agency is respon- in units of the National Park System sible for notifying the Regional Direc- in Alaska pursuant to section 1010 of tor of such designation. ANILCA under an approved permit. (b) By January 1 of each year, the AMRAP activities include access into, designated coordinators for the across, through, or over a unit of the AMRAP agencies will, in consultation National Park System for the conduct with the Regional Director, schedule of those activities. Only mineral re- an interagency meeting to be held by source assessment methods or tech- January 31 of each year. Representa- niques that do not result in lasting im- tives of the AMRAP agencies and the pacts on park resources and values NPS will meet to develop a mutually may be permitted as AMRAP activi- agreeable schedule of AMRAP projects ties. Mineral resource assessment tech- and activities in Alaska units of the niques may include aerial photography; National Park System. Where prac- remote sensing; hand-sampling of geo- ticable, AMRAP agencies will consoli- logic materials; hand-sampling or date their field activities, including ac- hand-augering methods for geo- cess and field camps, to minimize dis- chemical analyses; and geophysical turbance to park resources and values. techniques such as magnetic, electrical, electromagnetic, chemical, ra- § 9.84 Application requirements. dioactive, and gravitational methods. (a) By February 15 of each year, the Mineral resource assessment activities designated coordinator of each AMRAP may be permitted as long as: agency will forward to the Regional Di- (1) No explosives are used, rector an application pursuant to (2) They are consistent with § 9.86 of § 9.84(b) for proposed AMRAP projects this subpart, and and activities discussed and reviewed (3) They are consistent with the pro- at the annual coordination meeting visions of the Wilderness Act of 1964 (16 held under § 9.83(b). Applications re- U.S.C. 1131 et seq.) and National Park quiring additional information will be Service policies concerning wilderness promptly returned to, or discussed management and the use of motorized with, the coordinator of the involved equipment in wilderness areas. AMRAP agency to resolve any defi- Core and test drilling, including ex- ciencies. ploratory drilling of oil and gas test (b) Applications will be submitted in wells, are explicitly prohibited as a form and manner prescribed by the AMRAP activities in units of the Na- Regional Director and will contain at a tional Park System. minimum:

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(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 resource assessments that have oc- is taken on such applications by April curred in the proposed study area; 15 of each year. If additional review (4) A discussion of overall project ob- time is necessary to ensure compliance jectives, schedules and products, and with this Subpart or with other appli- how the proposed activities for the cur- cable laws, Executive Orders and regu- rent application relate to those objec- lations, the Regional Director will tives; promptly notify the AMRAP agency (5) A description of the activities pro- coordinator of the anticipated date of a posed for approval, including a detailed final decision. description of the collection tech- (b) The Regional Director is respon- niques, sampling methods and equip- sible for approving AMRAP activities ment to be used in each area; in units of the National Park System (6) Topographic maps identifying the in Alaska. specific areas in units of the National (c) To be approved, proposed AMRAP Park System where the agency pro- activities must be designed to be car- poses to conduct each AMRAP activ- ried out in an environmentally sound ity; manner, as determined in appropriate (7) The approximate dates on which environmental documentation, that: the AMRAP activities for each area are proposed to be commenced and com- (1) Does not result in lasting environ- pleted; mental impacts that appreciably alter (8) A description of access means and the natural character of the units or routes for each area in which work is the integrity of the biological or eco- proposed including an estimate of the logical systems in the units; and number of flights or number of vehicle (2) Is compatible with the purposes trips; and values for which the units are es- (9) A description of the field support tablished; and requirements proposed for locations on (3) Does not adversely affect the nat- lands within units of the National Park ural and cultural resources, visitor use, System, including camp sites, fuel or administration of the area. storage areas, and any other requirements; § 9.87 Permitting requirements and (10) A discussion which documents standards. that proposed activities will be carried (a) AMRAP activities approved by out in an environmentally sound man- the Regional Director may be con- ner utilizing the least impacting tech- ducted in units of the National Park nology suitable for the purposes of the System pursuant to a permit issued by project; and the Superintendent in accordance with (11) A description of how any dis- this subpart, 36 CFR 1.6, and other ap- turbed areas, such as camp sites, will plicable regulations, guidelines and be reclaimed. policies. (b) The NPS may restrict the conduct § 9.85 Environmental compliance. of AMRAP activities in certain areas Each AMRAP agency is responsible and during sensitive periods, such as for obtaining all required Federal, nesting, calving and spawning seasons,

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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 action or written reports resulting from AMRAP activities conducted in units tion. Suspensions shall remain in effect of the National Park System shall be until the basis for the suspension has provided to the Regional Director. been corrected to the satisfaction of (e) The NPS reserves the right, with- the Superintendent. Cancellation no- out prior notice to the AMRAP agency tices shall state the reason for can- or its contractors, to observe or inspect cellation and shall be sent by the Su- AMRAP activities to determine wheth- perintendent to the AMRAP agency at er such activities are being conducted least fourteen (14) days in advance of pursuant to this subpart and the terms the date the cancellation will become and conditions of the approved permit. effective. (d) Suspension or cancellation of a § 9.88 Permit modification, suspension, permit to conduct AMRAP activities and cancellation. shall not relieve the AMRAP agency or (a) A proposal to modify, supplement, its contractors of the obligation to re- or otherwise amend an approved permit store any location in accordance with shall be made by an AMRAP agency by the requirements of this subpart and to written request to the Regional Direc- comply with all other obligations spec- tor. The Regional Director shall review ified in this subpart and in the permit. and promptly act on the proposed modification pursuant to the standards § 9.89 Appeals. set forth in § 9.86. An AMRAP agency may not undertake any of the activi- Written appeals made within 30 days ties proposed in the modification until of notification of a final decision by the Regional Director approves the the Regional Director pursuant to this modification and the Superintendent subpart shall be reviewed by the Direc- amends the approved permit. tor of the National Park Service. Reso- (b) The Superintendent may modify, lution of any outstanding issues shall suspend or cancel an AMRAP agency’s follow current Department of the Inte- permit by notifying the agency in writ- rior procedures for resolving inter- ing, or orally in an emergency situa- agency disputes. tion, when the Superintendent determines that: PART 10—DISPOSAL OF CERTAIN (1) Changes to the permit are nec- WILD ANIMALS essary to address conditions not previously anticipated; or (2) There is imminent threat of seri- Sec. ous, irreparable, or immediate harm or 10.1 Animals available. 10.2 Charges. danger to public health and safety, or 10.3 Application; requirements. the natural and cultural resources and 10.4 Shipment. values of the unit; or (3) The AMRAP agency or its con- AUTHORITY: Secs. 1–3, 39 Stat. 535, as tractors fails to comply with the provi- amended; 42 Stat. 1214, 45 Stat. 1644, secs. 1, sions of ANILCA or of any other appli- 2, 52 Stat. 708, secs. 1, 2, 67 Stat. 495, 496; 16 cable law or regulation, the provisions U.S.C. 1, 1b, 1c, 2, 3, 36, 36a, 141c. and conditions of the approved permit SOURCE: 24 FR 11054, Dec. 30, 1959, unless and any modification thereto, or any otherwise noted.

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§ 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- § 10.4 Shipment. pose of to Federal, State, county and 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 furnished or the character of the con- § 10.2 Charges. veyance. (b) The receiver must furnish ship- No charge will be made for the ani- ping crates constructed in accordance mals, but the receiver will be required with National Park Service specifica- to make a deposit with the appropriate superintendent to defray the expense of tions. capturing, crating, and transporting them to the point of shipment. The re- PART 11—ARROWHEAD AND ceiver may also be required to pay for PARKSCAPE SYMBOLS the services of a veterinarian for testing, vaccinating, and treating the ani- Sec. mals at the park for communicable dis- 11.1 Definitions. eases and parasites. Estimates of such 11.2 Uses. expenses will be furnished by the ap- 11.3 Power to revoke. 11.4 Penalties. propriate superintendent upon request. AUTHORITY: Sec. 3, 39 Stat. 535; 16 U.S.C. 3. § 10.3 Application; requirements. § 11.1 Definitions. (a) Applications for animals should be directed to the appropriate super- (a) The term Arrowhead Symbol, as intendent, stating the kind, number, used in this part, refers to the insignia age, and sex of animals desired. The of the National Park Service pre- post office address for Yellowstone Na- scribed as its official symbol by notice tional Park is Yellowstone Park, Wyo- published in the FEDERAL REGISTER of ming, and for Wind Cave National Park March 15, 1962 (27 FR 2486). That sym- is Hot Springs, South Dakota. bol, use of which had been limited by (b) Applicants desiring animals which notice published in the FEDERAL REG- are to be held in enclosures must show ISTER of October 22, 1968 (33 FR 15605– that they have suitable facilities for 06), has been reinstated as the Service’s the care of the animals. Operators of official emblem. The term ‘‘Parkscape game farms or private preserves must Symbol,’’ as used in this part, is the submit evidence of their authority to same insignia referred to in the FED- engage in such operations. ERAL REGISTER notice of October 22, (c) When any animals are desired for 1968, as the ‘‘National Park Service liberation on private lands, the appli- Symbol.’’ The ‘‘Parkscape Symbol’’ has cation must be accompanied by the been prescribed as the official tie tack written concurrence of the State agen- or pin to be worn by all National Park cy having jurisdiction over wildlife. Service uniformed employees. More- When any animals are desired for lib- over, the tie tack or pin may be worn eration on lands in the vicinity of by employees of the Service when not lands owned or controlled by the Fed- in uniform as a part of their civilian eral Government, the application must attire. be accompanied by the written concur- (b) The term commercial use as used in rence of the agency or agencies having the regulations of this part refers to jurisdiction over the Federally owned use of the ‘‘Arrowhead Symbol’’ or the or controlled lands. ‘‘Parkscape Symbol’’ on souvenirs or

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other items of merchandise presented 12.5 Interments. for sale to the public by private enter- 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. 12.10 Floral and commemorative tributes. used in the regulations of this part re- 12.11 Recreational activities. fers to nongovernmental use of the 12.12 Information collection. ‘‘Arrowhead Symbol’’ or the ‘‘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. SOURCE: 51 FR 8979, Mar. 14, 1986, unless [35 FR 8734, June 5, 1970, as amended at 62 FR otherwise noted. 30234, June 3, 1997] § 12.1 Applicability and scope. § 11.2 Uses. The regulations in this part apply to The Director may permit the repro- the national cemeteries administered duction, manufacture, sale, and use of by the National Park Service. These the ‘‘Arrowhead Symbol’’ or the ‘‘Parkscape Symbol’’, with or without regulations supplement regulations charge, for uses that will contribute to found in parts 1–5 and 7 of this chapter purposes of education and conservation and provide procedural guidance for as they relate to the program of the the administration, operation and National Park Service. All other uses maintenance of these cemeteries. are prohibited. § 12.2 Purpose of National Cemeteries. [36 FR 16508, Aug. 21, 1971] National cemeteries are established as national shrines in tribute to the § 11.3 Power to revoke. gallant dead who have served in the Permission granted under this part Armed Forces of the United States. by the Director may be rescinded by Such areas are protected, managed and him at any time upon a finding that administered as suitable and dignified the use of the symbol or symbols in- burial grounds and as significant cul- volved is injurious to their integrity or tural resources. As such, the authoriza- inconsistent with the purposes of the tion of activities that take place in na- National Park Service in the fields of tional cemeteries is limited to those conservation and recreation, or for dis- that are consistent with applicable leg- regard of any limitations or terms con- islation and that are compatible with tained in the permits. maintaining the solemn commemora- [35 FR 8734, June 5, 1970, as amended at 36 FR tive and historic character of these 16508, Aug. 21, 1971] areas.

§ 11.4 Penalties. § 12.3 Definitions. Whoever manufactures, sells or uses The following definitions apply only the ‘‘Arrowhead Symbol’’ or the to the regulations in this part: ‘‘Parkscape Symbol’’ in violation of Burial section means a plot of land the regulations of this part shall be within a national cemetery specifically subject to the penalties prescribed in designated to receive casketed or cre- section 701 of title 18 of the United mated human remains. States Code. Close relative means a surviving [35 FR 8734, June 5, 1970, as amended at 36 FR spouse, parent, adult brother or sister, 16508, Aug. 21, 1971] or adult child. Commemorative monument means a PART 12—NATIONAL CEMETERY monument, tablet, structure, or other commemorative installation of perma- REGULATIONS nent materials to honor more than one veteran. Sec. 12.1 Applicability and scope. Demonstration means a demonstra- 12.2 Purpose of National Cemeteries. tion, picketing, speechmaking, march- 12.3 Definitions. ing, holding a vigil or religious service 12.4 Special events and demonstrations. or any other like form of conduct that

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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 Government headstone means a stand- or likelihood to attract a crowd or on- ard upright stone, provided by the Vet- lookers. erans Administration, of the same de- VA Policy means the current editions sign currently in use in a national cem- of the Veterans Administration’s etery to identify the interred remains. Manuals that pertain to the adminis- Gravesite reservation means a written tration of the National Cemetery Sys- agreement executed between a person tem. and the National Park Service to secure a gravesite prior to the death of § 12.4 Special events and demonstra- an eligible person. tions. Headstone means a permanent stone Conducting a special event or dem- placed vertically on a grave to identify onstration, whether spontaneous or or- the interred remains. ganized, is prohibited except for offi- Historic enclosure means a permanent cial commemorative events conducted fence, wall, hedge, or other structure for Memorial Day, Veterans Day and that surrounds the burial sections and other dates designated by the super- defines the unique historic boundary of intendent as having special historic a national cemetery. and commemorative significance to a Marker means a permanent device particular national cemetery. Com- placed horizontally on a grave to iden- mittal services are excluded from this tify the interred remains. restriction. Memorial headstone means a private or government headstone placed in a § 12.5 Interments. memorial section of a national ceme- (a) Who may be interred. A person’s tery with the words ‘‘In Memory Of’’ eligibility for burial in a national cem- inscribed to honor a deceased eligible etery is determined in accordance with person whose remains could not be in- the provisions of Federal statutory terred in the national cemetery. law. Interments are conducted in ac- NPS Policy means the National Park cordance with NPS policy and VA Pol- Service’s Guidelines for National Ceme- icy. teries, NPS–61. (b) Burial permit. (1) A burial permit Private headstone means an upright is required in accordance with the laws stone provided by a person at no ex- and regulations of the State and local pense to the government and in lieu of municipality within whose boundaries a government headstone. the cemetery is located. Recreational activity means any form (2) The remains of a member of the of athletics, sport or other leisure pur- Armed Forces who dies on active duty suit or event, whether organized or may be interred prior to receipt of a spontaneous, that is engaged in by one burial permit. or more persons for the primary pur- (3) The superintendent shall process a pose of exercise, relaxation or enjoy- burial permit in accordance with VA ment, including but not limited to the Policy. following: jogging, racing, skating, (c) Gravesite assignment. (1) Gravesite skateboarding, ball playing, kite fly- assignment and allotment are made ac- ing, model airplane flying, throwing cording to VA Policy which specifies objects through the air, sunbathing, bi- that only one gravesite is authorized

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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; shall be honored as long as the person (2) Engaging a funeral director; remains eligible. (3) Recasketing the remains; (d) Burial sections. (1) The super- (4) Rehabilitation of the gravesite ac- intendent of each national cemetery cording to conditions established by shall develop an interment plan for the superintendent; burial sections in keeping with the his- (5) Providing the superintendent a toric character of the national ceme- notorized affidavit by each living close tery, to be approved by the Regional relative of the deceased and by the per- Director. son who directed the initial interment, (2) The superintendent shall specify if living, and even though the legal re- gravesite dimensions that conform to lationship of such person to the dece- the historic design of the national cem- dent may have changed, granting per- etery. mission for the disinterment; and (3) Expansion of a burial section is prohibited without the approval of the (6) Providing the superintendent a Regional Director. sworn statement, by a person having (4) An interment is authorized only first hand knowledge thereof, that within a burial section; the super- those who supplied such affidavits com- intendent may not authorize an inter- prise all the living close relatives of ment within a memorial section. the decedent, including the person who (5) Cremated remains may be scat- directed the initial interment. tered in a national cemetery in con- (e) The following are prohibited: formance with the provisions of § 2.62 of (1) Failure to obtain a permit re- this chapter and applicable State laws. quired pursuant to this section; (6) Expansion of a national cemetery (2) Violation of a condition estab- outside the confines of its historic en- lished by the superintendent or of a closure is prohibited. term or condition of a permit issued in accordance with this section; or § 12.6 Disinterments and exhumations. (3) Failure to pay a fee prescribed by (a) Interment of an eligible person’s the superintendent in accordance with remains is considered permanent. Dis- this section. interment and removal of remains are (f) The directed exhumation of an eli- allowed only for the most compelling gible person’s remains shall be accom- of reasons and may be accomplished plished upon receipt by the super- only under the supervision of the su- intendent of an order issued by a State perintendent. or Federal court of competent jurisdic- (b) Except for a directed exhumation tion. The superintendent shall retain conducted pursuant to paragraph (f) of court orders and other pertinent docu- this section, a disinterment is allowed ments in the national cemetery files as only pursuant to the terms and condi- a permanent record of the action. tions of a permit issued by the super- (g) To the extent practicable, a di- intendent. rected exhumation shall be accom- (c) A disinterment shall be accomplished without expense to the Na- plished at no cost to the National Park tional Park Service and without direct Service. The superintendent shall es- participation by national cemetery em- tablish a fee designed to recover the ployees.

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(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 government expense are provided in ac- law for making a group burial, the cordance with NPS Policy and VA Pol- erection of a mausoleum, an over- icy. ground vault or a headstone or marker (b) The erection of a marker or determined by the superintendent not monument at private expense to mark to be in keeping with the historic char- a grave in lieu of a government head- acter of the national cemetery is pro- stone or marker is allowed only in cer- hibited. An underground vault may be tain national cemetery sections in placed at the time of interment at no which private headstones and markers expense to the National Park Service. were authorized as of January 1, 1947, and only with the prior approval of the § 12.8 Memorial headstones and mark- Director. The name of the person(s) re- ers. sponsible for the purchase and erection (a) Who may be memorialized. (1) A of the private headstone or marker person’s eligibility for memorialization may not appear on the headstone or in a national cemetery is determined marker or be identified elsewhere in in accordance with the provisions of the cemetery as the donor(s) of the pri- Federal statutory law. vate headstone or marker. (2) The superintendent may authorize (c) A person who requests authoriza- the installation of a memorial head- tion to erect a private headstone or stone or marker of an eligible person marker shall provide the following in- provided that no more than one indi- formation: vidual memorial headstone or marker (1) A list of the names of each person is authorized for each eligible person. to be inscribed upon the private head- The erection of an individual memorial stone or marker; marker to a person is not allowed in (2) The written approval of the next- the same national cemetery in which of-kin and the person who directed the the decedent’s name is inscribed on a burial of each person whose name is to group burial headstone or marker. be inscribed; and (b) Application. (1) The person eligible (3) A scale plan depicting the details to submit an application requesting a of design, materials, finish, carving, memorial headstone or marker is the lettering and arrangement of the in- next-of-kin of the decedent to be me- scription and the foundation of the pro- morialized. An application received posed private headstone or marker. from a close relative will be honored if (d) The Director’s approval of a re- it is submitted on behalf of the next-of- quest is conditioned upon the appli- kin or if the next-of-kin is deceased. cant’s granting to the National Park (2) An applicant for a memorial head- Service the substantive right to re- stone or marker shall submit such a remove and dispose of the private head- quest to the superintendent. stone or marker if, after it is installed, the applicant fails to maintain the pri- § 12.9 Commemorative monuments. vate headstone or marker in a condi- (a) Application. (1) A person request- tion specified by the Director. ing authorization to erect a commemo- (e) When a private headstone or rative monument shall submit such a marker has been erected at a veteran’s request to the Director. The Director’s

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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 this part. The information collection require- (2) An applicant for authorization to ments contained in §§ 12.6, 12.7, 12.8 and erect a commemorative monument 12.9 have been approved by the Office of shall include the following information Management and Budget under 44 in the application: U.S.C. 3501 et seq., and assigned clearance 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 inscribed on the commemorative will be used to grant administrative monument; and benefits. The obligation to respond is (ii) A scale plan depicting the details required in order to obtain a benefit. of the design, materials, finish, carving, lettering and the arrangement of the inscription proposed for the com- PART 13—NATIONAL PARK SYSTEM memorative monument. UNITS IN ALASKA (b) Specifications. (1) The Director may only authorize a commemorative Subpart A—Administrative Provisions monument that conforms to the type, Sec. size, materials, design, and specifica- 13.1 Definitions. tions prescribed for the historic design 13.2 Applicability and scope. of the individual cemetery section in 13.4 Information collection. which it is proposed for installation. (2) The Director may not approve a Subpart B—General Provisions commemorative monument that bears an inscription that includes the name 13.20 Obstruction of airstrips. of the person(s) responsible for its pur- 13.25 Camping. 13.26 Picnicking. chase or installation. 13.30 Weapons, traps and nets. (c) Expense. A commemorative monu- 13.35 Preservation of natural features. ment approved by the Director may be 13.40 Taking of fish and wildlife. installed only under the conditions 13.45 Unattended or abandoned property. that there be no expense or liability in- 13.50 Closure procedures. curred by the National Park Service in 13.55 Permits. connection with its purchase, fabrication, transportation, delivery and erec- Subpart C—Cabins tion. ADMINISTRATIVE PROVISIONS (d) Title to a commemorative monument vests in the National Park Serv- 13.100 Purpose and policy. ice upon its acceptance by an official 13.102 Applicability. representative of the Director. 13.104 Definitions.

§ 12.10 Floral and commemorative GENERAL PROVISIONS tributes. 13.108 Permit application procedures. The placement on a grave of fresh cut 13.110 Notice and comment on proposed permit. or artificial flowers in or on a metal or 13.112 Permit revocation. other non-breakable rod or container 13.114 Appeal procedures. designated by the superintendent is al- 13.116 Permittee’s interest. lowed at times designated by the super- 13.118 Cabin site compatibility. intendent. The placement of a statue, 13.120 Access. vigil light, or other commemorative 13.122 Abandonment. object on a grave, or the securing or at- 13.124 Emergency use. taching of any object to a headstone, 13.126 Authorized use and occupancy. marker or commemorative monument 13.130 New cabins and other structures oth- is prohibited. erwise authorized.

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CABIN USE—LEASES OR PERMITS IN EFFECT ON 13.440 Subsistence permits for persons DECEMBER 2, 1980 whose primary, permanent home is outside a resident zone. 13.136 Use and/or occupancy pursuant to a 13.450 Prohibition on aircraft use. valid existing lease or permit. 13.460 Use of snowmobiles, motorboats, dog 13.138 Renewal. teams, and other means of surface trans- 13.140 Denial of renewal. portation traditionally employed by 13.142 Transfer. local rural residents engaged in subsistence uses. CABIN USE—CABIN NOT UNDER VALID LEASE 13.470 Subsistence fishing. OR PERMIT AS OF DECEMBER 1, 1978 13.480 Subsistence hunting and trapping. 13.144 Use and occupancy of a cabin prior to 13.485 Subsistence use of timber and plant December 18, 1973. material. 13.146 Use and occupancy of a cabin between 13.490 Closure to subsistence uses of fish December 18, 1973 and December 1, 1978. and wildlife. 13.148 Permit application. 13.495 Application procedures for subsist- 13.149 Permit application deadline. ence permits and aircraft exceptions.

CABIN USE FOR COMMERCIAL FISHING Subpart G [Reserved] ACTIVITIES Subpart H—Special Regulations—Alagnak 13.150 Use for authorized commercial fish- Wild River ing activities. 13.550 Wildlife distance conditions. CABIN USE FOR SUBSISTENCE PURPOSES 13.160 Use of cabins for subsistence pur- Subpart I—Special Regulations— poses. Aniakchak National Monument and 13.161 Permit application. Preserve 13.162 Permit issuance. 13.164 Permit terms. 13.602 Subsistence resident zone. 13.166 Temporary facilities. 13.604 Wildlife distance conditions. 13.168 Shared use. Subpart J—Special Regulations—Bering PUBLIC USE CABINS Land Bridge National Preserve 13.170 General public use cabins. 13.702 Off-Road Vehicles. 13.172 Management of public use cabins. 13.176 Cabins in wilderness areas. Subpart K—Special Regulations—Cape Krusenstern National Monument USE OF TEMPORARY FACILITIES RELATED TO TAKING FISH AND WILDLIFE 13.802 Subsistence resident zone. 13.182 Temporary facilities. 13.184 Permit application. Subpart L—Special Regulations—Denali 13.186 Permit issuance. National Park and Preserve 13.188 Permit terms. GENERAL PROVISIONS Subpart D [Reserved] 13.902 Subsistence resident zone. 13.903 Subsistence use of off-road vehicles. Subpart E—Special Visitor Services 13.904 Camping. 13.905 Group size. 13.300 Applicability and scope. 13.906 Unattended or abandoned property. 13.305 Definitions. 13.908 Fishing limit of catch and in posses- 13.310 Historical operators. sion. 13.315 Preferred operators. 13.910 Mountain climbing. 13.320 Preference to Cook Inlet Region, In- 13.912 Kantishna area summer season fire- corporated. arm safety zone. 13.325 Most directly affected Native Cor- 13.914 Bicycle use. poration. 13.916 Use of roller skates, skateboards, 13.330 Appeal procedures. roller skis, in-line skates, and similar de- 13.335 Information collection. vices. 13.918 Sable Pass Wildlife Viewing Area. Subpart F—Subsistence 13.920 Wildlife distance conditions. 13.400 Purpose and policy. MOTOR VEHICLE PERMITS 13.410 Applicability. 13.930 Do I need a permit to operate a motor 13.420 Definitions. vehicle on the Denali Park Road west of 13.430 Determination of resident zones. the Savage River?

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13.932 How many permits will be issued each BARTLETT COVE summer? 13.1120 Bartlett Cove Developed Area clo- 13.934 How will the superintendent manage sures and restrictions. the permit program? 13.1122 Bartlett Cove Public Use Dock. 13.936 What is prohibited? 13.1124 Bartlett Cove Campground. SNOWMACHINE (SNOWMOBILE) OPERATIONS 13.1126 Bicycles. 13.1128 Is a permit required to transport 13.950 What is the definition of a traditional passengers between Bartlett Cove and activity for which section 1110(a) of Gustavus? ANILCA Permits snowmachines to be used in the Former Mt. McKinley Na- COMMERCIAL FISHING tional Park (Old Park) portion of Denali National Park and Preserve? 13.1130 Is commercial fishing authorized in 13.952 May a snowmachine be used in that the marine waters of Glacier Bay Na- portion of the park formerly known as tional Park? Mt. McKinley National Park (Old Park)? 13.1132 What types of commercial fishing 13.954 Where can I operate a snowmachine are authorized in Glacier Bay? in Denali National Park and Preserve? 13.1134 Who is eligible for a Glacier Bay 13.956 What types of snowmachines are al- commercial fishing lifetime access per- lowed? mit? 13.958 What other regulations apply to 13.1136 How can an individual apply for a snowmachine use? commercial fishing lifetime access permit? 13.960 Who determines when there is adequate snow cover? 13.1138 Where should the documentation for a lifetime access permit be sent? 13.962 Does the Superintendent have other 13.1140 Who determines eligibility? regulatory authority? 13.1142 Can I appeal denial of my commer- FRONTCOUNTRY DEVELOPED AREA (FDA) cial fishing lifetime access permit application? 13.970 Frontcountry Developed Area Defini- 13.1144 How often will commercial fishing tion. lifetime access permits be renewed? 13.972 Camping from April 15 through Sep- 13.1146 What other closures and restrictions tember 30. apply to commercial fishermen and com- 13.974 Camping from October 1 through mercial fishing vessels? April 14. 13.976 Fire. VESSEL PERMITS 13.978 Pets. 13.1150 Is a permit required for a vessel in 13.980 Other FDA closures and restrictions. Glacier Bay? 13.1152 Private vessel permits and condi- Subpart M—Special Regulations—Gates of tions. the Arctic National Park and Preserve 13.1154 Commercial vessel permits and conditions. 13.1002 Subsistence resident zone. 13.1156 Exceptions from vessel permit re- 13.1004 Aircraft use. quirement. 13.1006 Customary trade. 13.1158 Prohibitions. 13.1008 Solid waste disposal. 13.1160 Restrictions on vessel entry.

Subpart N—Special Regulations—Glacier VESSEL OPERATING RESTRICTIONS Bay National Park and Preserve 13.1170 What are the rules for operating ves- ADMINISTRATIVE PROVISIONS sels? 13.1172 When general operating restrictions 13.1102 Definitions. do not apply. 13.1104 Coordinates. 13.1174 Whale water restrictions. 13.1106 Pets. 13.1176 Speed restrictions. 13.1108 Alsek Corridor. 13.1178 Closed waters, islands, and other 13.1109 Off-road vehicle use in Glacier Bay areas. National Preserve. 13.1180 Closed waters, motor vessels, and seaplanes. GENERAL PROVISIONS 13.1182 Noise restrictions. 13.1110 Collection of interstadial wood. 13.1184 Other restrictions on vessels. 13.1112 Collection of rocks and minerals. 13.1186 What are the emission standards for 13.1114 Collection of goat hair. vessels? 13.1116 Camping. 13.1188 Where to get charts depicting closed 13.1118 Solid waste disposal. waters.

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Subpart O—Special Regulations—Katmai Subpart T—Special Regulations—Noatak National Park and Preserve National Preserve [Reserved] GENERAL PROVISIONS Subpart U—Special Regulations—Sitka 13.1202 Fishing. National Historical Park 13.1204 Traditional red fish fishery. 13.1206 Wildlife distance conditions. 13.1802 Prohibited activities. 13.1208 Lake Camp. 13.1210 Firearms. Subpart V—Special Regulations—Wrangell- St. Elias National Park and Preserve BROOKS CAMP DEVELOPED AREA 13.1902 Subsistence. 13.1220 Brooks Camp Developed Area defini- 13.1904 Kennecott Mines National Historic tion. Landmark (KNHL). 13.1222 Camping. 13.1906 Headquarters/Visitor Center Devel- 13.1224 Visiting hours. oped Area (HQCDA). 13.1226 Brooks Falls area. 13.1908 Slana Developed Area (SDA). 13.1228 Food storage. 13.1910 KNHL and developed area closures 13.1230 Campfires. and restrictions. 13.1232 Sanitation. 13.1912 Solid waste disposal. 13.1234 Pets. 13.1236 Bear orientation. Subpart W—Special Regulations—Yukon- 13.1238 Picnicking. Charley Rivers National Preserve [Re- 13.1240 Unattended property. served] 13.1242 BCDA closures and restrictions.

Subpart P—Special Regulations—Kenai AUTHORITY: 16 U.S.C. 1, 3, 462(k), 3101, et Fjords National Park seq.; Subpart N also issued under 16 U.S.C. 1a–2(h), 20, 1361, 1531, 3197; Pub. L. 105–277, 112 GENERAL PROVISIONS Stat. 2681–259, October 21, 1998; Pub. L. 106–31, 113 Stat. 72, May 21, 1999; Sec. 13.1204 also 13.1302 Subsistence. issued under Sec. 1035, Pub. L. 104–333, 110 13.1304 Ice fall hazard zones. Stat. 4240. 13.1306 Public use cabins. 13.1308 Harding Icefield Trail. SOURCE: 71 FR 69333, Nov. 30, 2006, unless 13.1310 Pets. otherwise noted. 13.1312 Climbing and walking on Exit Gla- cier. Subpart A—Administrative 13.1316 Commercial transport of passengers by motor vehicles. Provisions

EXIT GLACIER DEVELOPMENT AREA (EGDA) § 13.1 Definitions. 13.1318 Location of the EGDA. The following definitions shall apply 13.1320 Camping. to all regulations contained in this 13.1322 Food storage. part: 13.1324 Bicycles. Aircraft means a machine or device 13.1326 Snowmachines. that is used or intended to be used to 13.1328 EGDA closures and restrictions. carry persons or objects in flight Subpart Q—Special Regulations—Klondike through the air, including, but not lim- Gold Rush National Historical Park ited to airplanes, helicopters and glid- ers. 13.1402 Camping. Airstrip means visible, marked, or 13.1404 Preservation of natural, cultural, known aircraft landing areas in park and archaeological resources. areas. Airstrips may be marked with 13.1406 State lands. cones, lights, flagging, or windsocks, or Subpart R—Special Regulations—Kobuk be unmarked but recognizable because Valley National Park they have been cleared of vegetation or other obstructions. 13.1502 Subsistence resident zone. ANILCA means the Alaska National 13.1504 Customary trade. Interest Lands Conservation Act (94 Stat. 2371; Pub. L. 96–487 (December 2, Subpart S—Special Regulations—Lake 1980)). Clark National Park and Preserve Carry means to wear, bear or carry 13.1602 Subsistence resident zone. on or about the person and addition- 13.1604 Solid waste disposal. ally, in the case of firearms, within or

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upon a device or animal used for trans- Net means a seine, weir, net wire, fish portation. trap, or other implement designed to Downed aircraft means an aircraft entrap fish, except a landing net. that as a result of mechanical failure Off-road vehicle means any motor ve- or accident cannot take off. hicle designed for or capable of cross- Facility means buildings, structures, country travel on or immediately over park roads as defined by § 1.4, parking land, water, sand, snow, ice, marsh, lots, campgrounds, picnic areas, paved wetland or other natural terrain, ex- trails, and maintenance support yards. cept snowmachines or snowmobiles as Firearm means any loaded or un- defined in this chapter. loaded pistol, revolver, rifle, shotgun Park areas means lands and waters or other weapon which will or is des- administered by the National Park ignated to or may readily be converted Service within the State of Alaska. to expel a projectile by the action of Person means any individual, firm, expanded gases, except that it does not corporation, society, association, part- include a pistol or rifle powered by nership, or any private or public body. compressed gas. The term ‘‘firearm’’ Possession means exercising dominion also includes irritant gas devices. or control, with or without ownership, Fish and wildlife means any member over weapons, traps, nets or other of the animal kingdom, including with- property. out limitation any mammal, fish, bird Public lands means lands situated in (including any migratory, nonmigra- Alaska which are federally owned tory or endangered bird for which pro- lands, except— tection is also afforded by treaty or other international agreement), am- (1) Land selections of the State of phibian, reptile, mollusk, crustacean, Alaska which have been tentatively ap- arthropod, or other invertebrate, and proved or validly selected under the includes any part, produce, egg, or off- Alaska Statehood Act (72 Stat. 339) and spring thereof, or the dead body or part lands which have been confirmed to, thereof. validly selected by, or granted to the Fossil means any remains, impres- Territory of Alaska or the State under sion, or trace of any animal or plant of any other provision of Federal law; past geological ages that has been pre- (2) Land selections of a Native Cor- served, by natural processes, in the poration made under the Alaska Native earth’s crust. Claims Settlement Act (85 Stat. 688) Gemstone means a silica or igneous which have not been conveyed to a Na- mineral including, but not limited to: tive Corporation, unless any such se- (1) Geodes; lection is determined to be invalid or is (2) Petrified wood; and relinquished; and (3) Jade, agate, opal, garnet, or other (3) Lands referred to in section 19(b) mineral that when cut and polished is of the Alaska Native Claims Settle- customarily used as jewelry or other ment Act. ornament. Snowmachine or snowmobile means a Motorboat refers to a motorized vessel self-propelled vehicle intended for off- other than a personal watercraft. road travel primarily on snow having a National Preserve shall include the curb weight of not more than 1,000 following areas of the National Park pounds (450 kg), driven by a track or System: Alagnak National Wild River, tracks in contact with the snow and Aniakchak National Preserve, Bering steered by a ski or skis on contact with Land Bridge National Preserve, Denali the snow. National Preserve, Gates of the Arctic Take or taking as used with respect to National Preserve, Glacier Bay Na- fish and wildlife, means to pursue, tional Preserve, Katmai National Pre- hunt, shoot, trap, net, capture, collect, serve, Lake Clark National Preserve, kill, harm, or attempt to engage in any Noatak National Preserve, Wrangell- such conduct. St. Elias National Preserve, and Temporary means a continuous period Yukon-Charley Rivers National Pre- of time not to exceed 12 months, except serve. as specifically provided otherwise.

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Trap means a snare, trap, mesh, or (d) Subparts H through V contain other implement designed to entrap special regulations for specific park animals other than fish. areas. Such regulations amend in part Unload means there is no unexpended the general regulations contained in shell or cartridge in the chamber or this chapter and the regulations con- magazine of a firearm; bows, crossbows tained in subparts A through F of part and spearguns are stored in such a 13. manner as to prevent their ready use; (e) Subpart E of this part 13 contains muzzle-loading weapons do not contain regulations applicable to authorized a powder charge; and any other implement capable of discharging a missile visitor service providers operating into the air or under the water does not within certain park areas. The regula- contain a missile or similar device tions in subpart E amend in part the within the loading or discharging general regulations contained in this mechanism. chapter. Weapon means a firearm, compressed (f) For purposes of this chapter, gas or spring powered pistol or rifle, ‘‘federally owned lands’’ does not in- bow and arrow, crossbow, blow gun, clude those land interests: speargun, hand thrown spear, sling- (1) Tentatively approved to the State shot, explosive device, or any other im- of Alaska; or plement designed to discharge missiles (2) Conveyed by an interim convey- into the air or under the water. ance to a Native corporation. [71 FR 69333, Nov. 30, 2006, as amended at 73 FR 3185, Jan. 17, 2008] § 13.4 Information collection. The information collection require- § 13.2 Applicability and scope. ments contained in subparts C and G, (a) The regulations contained in part and §§ 13.55, 13.440, 13.450, 13.485, and 13 are prescribed for the proper use and 13.495 are necessary for park Super- management of park areas in Alaska intendents to issue concession con- and supplement the general regulations tracts and special use permits, and of this chapter. The general regulations contained in this chapter are ap- have been approved by the Office of plicable except as modified by part 13. Management and Budget under 44 (b) Subparts A through F contain U.S.C. 3507. Information collections as- regulations applicable to park areas. sociated with the award of concession Such regulations amend in part the contracts are covered under OMB con- general regulations contained in this trol number 1024–0125; the information chapter. The regulations in subparts A collections associated with the through F govern use and manage- issuance of special use permits are cov- ment, including subsistence activities, ered under OMB control number 1024– within the park areas, except as modi- 0026. fied by special park regulations in subparts H through V. Subpart B—General Provisions (c) Subpart F contains regulations applicable to subsistence uses. Such § 13.20 Obstruction of airstrips. regulations apply on federally owned (a) A person may not place an object lands and interests therein within park areas where subsistence is authorized. on the surface of an airstrip that, be- Subsistence uses are not allowed in cause of its nature or location, might Kenai Fjords National Park, Katmai cause injury or damage to an aircraft National Park, Glacier Bay National or person riding in the aircraft. Park, Klondike Gold Rush National (b) A person may not dig a hole or Historical Park, Sitka National Histor- make any kind of excavation, or drive ical Park, the former Mt. McKinley Na- a sled, tractor, truck, or any kind of tional Park. The regulations in subpart vehicle upon an airstrip that might F amend in part the general regula- make ruts, or tracks, or add to an actions contained in this chapter and the cumulation of tracks so as to endanger regulations contained in subparts A aircraft using the airstrip or persons through C of part 13. riding in the aircraft.

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

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

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use during 1979 (taking into consider- areas in subparts H through V of this ation the relative levels of use in the part. general vicinity, as well as the appli- (b) Personal property. (1) Leaving per- cant’s levels of use); or sonal property longer than 4 months is (B) A direct threat to, or significant prohibited. The Superintendent may impairment of, the values and purposes authorize property to be left in place for which the park area was estab- for more than 4 months. lished. (2) Identification information is re- (d) Hunting and trapping. (1) Hunting quired for all personal property left in and trapping are allowed in national park areas. Identification information preserves in accordance with applicable consists of the owner’s name, home ad- Federal and non-conflicting State law dress, telephone number, date that the and regulations. property was left, and the type of fuel (2) Violating a provision of either if the property contains fuel. This in- Federal or non-conflicting State law or formation must be— regulation is prohibited. (i) Labeled on the property; or (3) Engaging in trapping activities as (ii) Provided to the Superintendent. the employee of another person is pro- (3) All property must be stored in hibited. such a manner that wildlife is unable (4) It shall be unlawful for a person to access the contents. Storing prop- having been airborne to use a firearm erty in a manner that wildlife can ac- or any other weapon to take or assist cess contents is prohibited. in taking any species of bear, caribou, (4) Leaving fuel in more than one lo- Sitka black-tailed deer, elk, coyote, cation in a park area or leaving more arctic and red fox, mountain goat, than 30 gallons of fuel is prohibited un- moose, Dall sheep, lynx, bison, musk less authorized by the Superintendent. ox, wolf and wolverine until after 3 (5) Storing fuel within 100 feet of a a.m. on the day following the day in water source, high water mark of a which the flying occurred. This prohi- body of water, or mean high tide is pro- bition does not apply to flights on reg- hibited unless stored in a spill proof ularly scheduled commercial airlines overpack container or authorized by between regularly maintained public the Superintendent. Fuel must be con- airports. tained in an undamaged and closed fuel (5) Persons transporting wildlife container designed for fuel storage. through park areas must identify Fueling from containers must occur in themselves and the location where the such a manner that any spillage would wildlife was taken when requested by be prevented from coming into contact an NPS employee or other authorized with water, soil, or vegetation. Failure person. to properly contain or prevent spillage (e) Closures and restrictions. The Su- is prohibited. perintendent may prohibit or restrict (6) Leaving property unattended for the non-subsistence taking of fish or longer than 24 hours on facilities is wildlife in accordance with the provi- prohibited unless authorized by the Su- sions of § 13.50 of this chapter. Except perintendent. in emergency conditions, such restric- (7) Property left in violation of this tions shall take effect only after the section is prohibited and subject to im- Superintendent has consulted with the poundment and, if abandoned, disposal appropriate State agency having re- or forfeiture. sponsibility over fishing, hunting, or (c) The Superintendent may des- trapping and representatives of af- ignate areas where personal property fected users. may not be left unattended for any time period, establish limits on the § 13.45 Unattended or abandoned amount and type of personal property property. that may be left unattended, prescribe (a) This section applies to all park the manner in which personal property areas in Alaska except Klondike Gold may be left unattended, or establish Rush National Historical Park and limits on the length of time personal Sitka National Historical Park, or as property may be left unattended. Such further restricted for specific park designations and restrictions shall be

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published in at least one newspaper of (2) Temporary closures shall be effec- general circulation within the State, tive upon notice as prescribed in para- posted at community post offices with- graph (f) of this section; and in the vicinity affected, made available (3) Temporary closures or restric- for broadcast on local radio stations in tions shall not extend for a period ex- a manner reasonably calculated to in- ceeding 12 months and may not be ex- form residents in the affected commu- tended. nity, and designated on a map which (e) Permanent closures or restrictions. shall be available for public inspection Permanent closures or restrictions at the office of the Superintendent, or shall be published as rulemaking in the designated by the posting of appro- FEDERAL REGISTER with a minimum priate signs, or both. public comment period of 60 days and (d) In the event unattended property shall be accompanied by public hear- interferes with the safe and orderly ings in the area affected and other lo- management of a park area or is caus- cations as appropriate. ing damage to the resources of the (f) Notice. Emergency, temporary, and area, it may be impounded by the Su- permanent closures or restrictions perintendent at any time. shall be: (1) Published in at least one news- § 13.50 Closure procedures. paper of general circulation in the (a) Authority. The Superintendent State and in at least one local news- may close an area or restrict an activ- paper if available, posted at commu- ity on an emergency, temporary, or nity post offices within the vicinity af- permanent basis. fected, made available for broadcast on (b) Criteria. In determining whether local radio stations in a manner rea- to close an area or restrict an activity sonably calculated to inform residents on an emergency basis, the Super- in the affected vicinity, and designated intendent shall be guided by factors on a map which shall be available for such as public health and safety, re- public inspection at the office of the source protection, protection of cul- Superintendent and other places con- tural or scientific values, subsistence venient to the public; uses, endangered or threatened species (2) Designated by the posting of ap- conservation, and other management propriate signs; or considerations necessary to ensure (3) Both. that the activity or area is being man- (g) Openings. In determining whether aged in a manner compatible with the to open an area to public use or activ- purposes for which the park area was ity otherwise prohibited, the Super- established. intendent shall provide notice in the (c) Emergency Closures. (1) Emergency FEDERAL REGISTER and shall, upon re- closures or restrictions relating to the quest, hold a hearing in the affected vi- taking of fish and wildlife shall be ac- cinity and other locations as appro- complished by notice and hearing. priate prior to making a final deter- (2) Other emergency closures shall mination. become effective upon notice as pre- (h) Facility closures and restrictions. scribed in paragraph (f) of this section; The Superintendent may close or re- and strict specific facilities for reasons of (3) No emergency closure or restric- public health, safety, and protection of tion shall extend for a period exceeding public property for the duration of the 30 days, nor may it be extended. circumstance requiring the closure or (d) Temporary closures or restrictions. restriction. Notice of facility closures (1) Temporary closures or restrictions and restrictions will be available for relating to the taking of fish and wild- inspection at the park visitor center. life, shall not be effective prior to no- Notice will also be posted near or with- tice and hearing in the vicinity of the in the facility, published in a news- area(s) directly affected by such clo- paper of general circulation in the af- sures or restrictions, and other loca- fected vicinity, or made available to tions as appropriate; the public by such other means as

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deemed appropriate by the Super- any, and within a reasonable period of intendent. Violating facilities closures time, the Regional Director shall af- or restrictions is prohibited. firm, reverse, or modify the denial of (i) 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.

§ 13.55 Permits. Subpart C—Cabins (a) Application. (1) Application for a permit required by any section of this ADMINISTRATIVE PROVISIONS part shall be submitted to the Super- intendent having jurisdiction over the § 13.100 Purpose and policy. affected park area, or in the absence of The policy of the National Park the Superintendent, the Regional Di- Service is to manage the use, occu- rector. If the applicant is unable or pancy and disposition of cabins and does not wish to submit the application other structures in park areas in ac- in written form, the Superintendent cordance with the language and intent shall provide the applicant an oppor- of ANILCA, the National Park Service tunity to present the application orally Organic Act (16 U.S.C. 1 et seq.) and and shall keep a record of such oral ap- other applicable law. Except as Con- plication. gress has directly and specifically pro- (2) The Superintendent shall grant or vided to the contrary, the use, occu- deny the application in writing within pancy and disposition of cabins and 45 days. If this deadline cannot be met other structures in park areas shall be for good cause, the Superintendent managed in a manner that is compat- shall so notify the applicant in writing. ible with the values and purposes for If the permit application is denied, the which the National Park System and Superintendent shall specify in writing these park areas have been established. the reasons for the denial. In accordance with this policy, this (b) Denial and appeal procedures. (1) subpart governs the following author- An applicant whose application for a ized uses of cabins and other structures permit, required pursuant to this part, in park areas: has been denied by the Superintendent (a) Use and/or occupancy pursuant to has the right to have the application a valid existing lease or permit; reconsidered by the Regional Director (b) Use and occupancy of a cabin not by contacting him/her within 180 days under valid existing lease or permit; of the issuance of the denial. For pur- (c) Use for authorized commercial poses of reconsideration, the permit ap- fishing activities; plicant shall present the following in- (d) Use of cabins for subsistence pur- formation: poses; (i) Any statement or documentation, (e) Public use cabins; and in addition to that included in the ini- (f) Use of temporary facilities related tial application, which demonstrates to the taking of fish and wildlife. that the applicant satisfies the criteria set forth in the section under which § 13.102 Applicability. the permit application is made. Unless otherwise specified, this sub- (ii) The basis for the permit appli- part applies to all park areas in Alaska cant’s disagreement with the Super- except Klondike Gold Rush National intendent’s findings and conclusions; Historical Park and Sitka National and Historical Park. (iii) Whether or not the permit applicant requests an informal hearing be- § 13.104 Definitions. fore the Regional Director. The following definitions apply to (2) The Regional Director shall pro- this subpart: vide a hearing if requested by the ap- Cabin means a small, usually one- plicant. After consideration of the story dwelling of simple construction, written materials and oral hearing, if completely enclosed, with a roof and

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

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§ 13.114 Appeal procedures. vide for reasonable access which is ap- The procedures set forth in § 13.55(b) propriate and consistent with the val- govern appeals of a permit denial, a de- ues and purposes for which the park nial of a permit renewal, a permit rev- area was established. ocation and a superintendent’s final de- (c) All impacts of the access to a cision on a permit revocation issued cabin or other structure are deemed to pursuant to § 13.112(a). be a part of, and shall be considered in any evaluation of, the effects of a use § 13.116 Permittee’s interest. authorized by a permit issued under (a) A permittee shall not accrue a this subpart. compensable interest in a cabin or other structure in a park area unless § 13.122 Abandonment. specifically authorized by Federal stat- (a) An existing cabin or other struc- utory law. ture not under valid lease or permit, (b) A cabin or other structure in a and its contents, are abandoned: park area may not be sold, bartered, (1) When no permit application has exchanged, assigned or included as a been received for its use and occupancy portion of any sale or exchange of before October 20, 1987, one year after other property by a permittee unless the effective date of this subpart; or specifically authorized by Federal stat- (2) One year after a permit applica- utory law. tion for its use and occupancy has been (c) The Superintendent shall deter- denied or a permit for its use and occu- mine the extent and nature of a per- pancy has been revoked, denied or has mittee’s possessory interest at the expired. time a permit is issued or denied. (b) A claimant or applicant whose application for a permit has been denied § 13.118 Cabin site compatibility. or whose permit has expired may re- The Superintendent shall establish move all or a portion of a cabin or permit conditions that require a per- other structure and its contents from a mittee— park area, to the extent of his or her (a) When constructing, maintaining possessory interest and under condi- or repairing a cabin or other structure tions established by the Super- authorized under this subpart, to use intendent, until the date the cabin or materials and methods that blend with structure is considered abandoned. and are compatible with the immediate (c) The contents of a cabin or other and surrounding landscape; and structure are considered abandoned (b) When terminating an activity when the cabin or other structure is that involves a structure authorized considered abandoned. under this subpart, to dismantle and remove the structure and all personal (d) A person whose permit for the use property from the park area within a and occupancy of a cabin or other reasonable period of time and in a man- structure is revoked may remove his or ner consistent with the protection of her personal property from a park area the park area. under conditions established by the Su- perintendent until one year after the § 13.120 Access. date of the permit’s revocation. (a) A permittee under this subpart (e) The Superintendent shall dispose who holds a permit for use and occu- of abandoned property in accordance pancy of a cabin or other structure lo- with §§ 2.22 and 13.45 of this chapter. No cated on public lands in a park area, property shall be removed from a cabin not under valid existing lease or permit until such property has been declared in effect on December 2, 1980, does not abandoned or determined to constitute have a ‘‘valid property or occupancy a direct threat to the safety of park interest’’ for purposes of ANILCA sec- visitors or area resources. tion 1110(b) and its implementing regulations. § 13.124 Emergency use. (b) When issuing a permit under this During an emergency involving the subpart, the Superintendent shall pro- safety of human life, a person may use

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

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

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continue to be used and occupied by other structure as a primary, perma- the claimant pursuant to a non-trans- nent residence; and ferable permit. The Superintendent (g) A list of all immediate family may issue and extend such permit for a members residing with the claimant term not to exceed December 1, 1999 for within the cabin or structure for which such reasons as are deemed by the Su- the application is being submitted. perintendent to be equitable and just. Such list need only include those im- The Superintendent shall review the mediate family members who will be permit at least every two years and eligible to continue to use and occupy modify the permit as necessary to pro- the cabin or other structure upon the tect park resources and values. death or departure of the original claimant. § 13.148 Permit application. § 13.149 Permit application deadline. In order to obtain, renew or extend a The deadline for receipt of a permit permit, a claimant shall submit a writ- application for the occupancy and use ten application. In the case of an appli- of an existing cabin or other structure cation to renew or extend a permit described in §§ 13.144 or 13.146 is October issued pursuant to §§ 13.144 or 13.146, if 20, 1987. The Superintendent may ex- no circumstance relating to the per- tend this deadline for a reasonable pe- mittee’s occupancy and use of the riod of time only when a permit appli- cabin or structure has changed in the cant demonstrates that extraordinary interim, applicable material submitted circumstances prevented timely appli- by the permittee to satisfy the original cation. application requirements is considered sufficient and need not be resubmitted. CABIN USE FOR COMMERCIAL FISHING The following information is required ACTIVITIES to be included in a permit application: (a) Reasonable proof of possessory in- § 13.150 Use for authorized commercial terest or right of occupancy in the fishing activities. cabin or structure, demonstrated by af- The use of a campsite, cabin or other fidavit, bill of sale, or other docu- structure in conjunction with commer- mentation. In order for a claimant to cial fishing activities authorized by qualify for a permit described in sec- section 205 of ANILCA in Cape tion 13.144, the claimant’s possessory Krusenstern National Monument, the interest or right of occupancy must Malaspina Glacier Forelands area of have been acquired prior to December Wrangell–Saint Elias National Pre- 18, 1973. In order for a claimant to qual- serve, and the Dry Bay area of Glacier ify for a permit described in section Bay National Preserve is authorized 13.146, the claimant’s possessory inter- pursuant to the provisions of § 13.40(c) est or right of occupancy must have of this chapter and the terms of a per- been acquired prior to December 1, mit issued by the Superintendent. 1978; CABIN USE FOR SUBSISTENCE PURPOSES (b) A sketch or photograph that accurately depicts the cabin or structure; § 13.160 Use of cabins for subsistence (c) A map that shows the geographic purposes. location of the cabin or structure; (a) A local rural resident who is an (d) The claimant’s agreement to va- eligible subsistence user may use an cate and remove all personal property existing cabin or other structure or from the cabin or structure upon expi- temporary facility or construct a new ration of the permit; cabin or other structure, including (e) The claimant’s acknowledgement temporary facilities, in a portion of a that he or she has no legal interest in park area where subsistence use is al- the real property on which the cabin or lowed, pursuant to the applicable pro- structure is located; visions of subparts F through V of this (f) Reasonable proof that the claim- part and the terms of a permit issued ant has lived in the cabin or structure by the Superintendent. However, the during a substantial portion of the Superintendent may designate existing time and continues to use the cabin or cabins or other structures that may be

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shared by local rural residents for au- the subsistence uses to be accommo- thorized subsistence uses without a dated by the cabin or structure, the permit. impacts of the cabin or structure on (b) For purposes of this section, the other local rural residents who depend term ‘‘local rural resident’’, with re- on subsistence uses and the impacts of spect to national parks, monuments, the proposed structure and activities and preserve, is defined in § 13.420 of on the values and purposes for which this chapter. the park area was established. (b) The Superintendent may permit § 13.161 Permit application. the construction of a new cabin or In order to obtain or renew a permit, other new structure for subsistence a person shall submit an application. purposes only if a tent or other tem- In the case of an application to renew porary facility would not adequately a permit issued pursuant to § 13.160, if and reasonably accommodate the ap- no circumstance relating to the per- plicant’s subsistence uses without sig- mittee’s occupancy and use of the nificant hardship and the use of no cabin or structure has changed in the other type of cabin or other structure interim, applicable material submitted provided for in this subpart can ade- by the permittee to satisfy the original quately and reasonably accommodate application requirements is considered the applicant’s subsistence uses with a sufficient and need not be resubmitted. lesser impact on the values and pur- The following information is required poses for which the park area was es- to be included in a permit application: tablished. (a) An explanation of the applicant’s need for the cabin or structure; § 13.164 Permit terms. (b) A description of an applicant’s The Superintendent shall, among past, present and anticipated future other conditions, establish terms of a subsistence uses relevant to his or her permit that: need for the cabin or structure; (c) A blueprint, sketch or photograph (a) Allow for use and occupancy dur- of the cabin or structure; ing the harvest or gathering of subsist- (d) A map that shows the geographic ence resources, at such times as may location of the cabin or structure; and be reasonably necessary to prepare for (e) A description of the types of occu- a harvest season (e.g., opening or clos- pancy and schedule for use of the cabin ing a cabin or structure at the begin- or structure. All information may be ning or end of a period of use), and at provided orally except the cabin blue- other times reasonably necessary to print, sketch or photograph and the accommodate the permittee’s specified map. subsistence uses; (b) Prohibit residential use in con- § 13.162 Permit issuance. junction with subsistence activities; (a) In making a decision on a permit and application, the Superintendent shall (c) Limit the term of a permit to a consider whether the use by local rural period of five years or less. residents of a cabin or other structure for subsistence purposes is customary § 13.166 Temporary facilities. and traditional in that park area and A temporary facility or structure di- shall determine whether the use and rectly and necessarily related to the occupancy of a new or existing cabin or taking of subsistence resources may be structure is ‘‘necessary to reasonably constructed and used by a qualified accommodate’’ the applicant’s subsist- subsistence user without a permit so ence uses. In making this determina- long as such use is for less than thirty tion, the Superintendent shall examine days and the site is returned to a nat- the applicant’s particular cir- ural condition. The Superintendent cumstances, including but not limited may establish conditions and standards to his or her past patterns of subsist- governing the use or construction of ence uses and his or her future subsist- these temporary structures and facili- ence use plans, reasonable subsistence ties which shall be published annually use alternatives, the specific nature of in accordance with § 1.7 of this chapter.

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

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

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

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

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January 1, 1979, but no historical oper- continue to provide the visitor serv- ating rights will be obtained in such in- ices, the Director will select one his- crease. torical operator to continue to provide (c) If a historical operator applies for the curtailed visitor services through a a visitor services authorization in the competitive selection process. form of a joint venture, the application (g) Any of the following will result in will not be considered as validly made loss of historical operator status: unless the historical operator dem- (1) Revocation of an authorization for onstrates, to the satisfaction of the Di- historic types and levels of visitor serv- rector, that it has the controlling in- ices for failure to comply with the terest in the joint venture. terms and conditions of the authoriza- (d) A historical operator may apply tion. to the Director for an authorization or (2) A historical operator’s declination amended authorization to provide vis- of a renewal of the authorization made itor services similar to those it pro- pursuant to paragraph (d) of this sec- vided before January 1, 1979. The Direc- tion. tor will grant the request if such vis- (3) A change in the controlling inter- itor services are determined by the Di- est of the historical operator through rector to be: sale, assignment, devise, transfer, or by (1) Consistent with the protection of any other means, direct or indirect. A park resources and the purposes for change in the controlling interest of a which the park area was established; historical operator that results only in (2) Similar in kind and scope to the the acquisition of the controlling inter- visitor services provided by the histor- est by an individual or individuals who ical operator before January 1, 1979; were personally engaged in the visitor and services activities of the historical op- (3) Consistent with the legal rights of erator before January 1, 1979, will not any other person. be deemed a change in the historical (e) When a historical operator’s vis- operator’s controlling interest for the itor services authorization expires, and purposes of this subpart. if the applicable visitor services con- (4) A historical operator’s failure to tinue to be consistent with the pur- provide the authorized services for poses for which the park area was es- more than 24 consecutive months. tablished as determined by the Direc- (h) The Director may authorize other tor, the Director will offer to renew the persons to provide visitor services in a authorization for a fixed term under park area in addition to historical op- such new terms and conditions as the erators. Director determines are in the public interest. § 13.315 Preferred operators. (f) If the Director determines that (a) In selecting persons to provide authorized visitor services must be cur- visitor services for a park area, the Di- tailed or reduced in scope, level, or sea- rector will, if the number of visitor son to protect park resources, or for services authorizations is to be limited, other purposes, the Director will re- give a preference (subject to any rights quire the historical operator to make of historical operators or CIRI under such changes in visitor services. If this subpart) to preferred operators de- more than one historical operator pro- termined qualified to provide such vis- viding the same type of visitor services itor services. is required to have those services cur- (b) In such circumstances, the Direc- tailed, the Director will establish a tor will publicly solicit competitive of- proportionate reduction of visitor serv- fers for persons to apply for a visitor ices among all such historical opera- services authorization, or the renewal tors, taking into account historical op- of such an authorization, to provide erating levels and other appropriate such visitor services pursuant to 36 factors so as to achieve a fair curtail- CFR part 51 and/or other National Park ment of visitor services among the his- Service procedures. All offerors, in- torical operators. If the level of visitor cluding preferred operators, must sub- services must be so curtailed that only mit a responsive offer to the solicita- one historical operator feasibly may tion in order to be considered for the

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

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

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(b) The public reporting burden for (1) Customary and direct dependence the collection of information is esti- upon the resource as the mainstay of mated to be 480 hours for large oper- one’s livelihood; ations and 240 hours for small oper- (2) Local residency; and ations, including the time for review- (3) Availability of alternative re- ing instructions, searching existing sources. data sources, gathering and maintain- (e) The State of Alaska is authorized ing the data needed and completing to regulate the taking of fish and wild- and reviewing the collection of infor- life for subsistence uses within park mation, including suggestions for re- areas to the extent such regulation is ducing the burden, to Information Col- consistent with applicable Federal law, lection Officer, National Park Service, including but not limited to ANILCA. 800 North Capitol Street, Washington, (f) Nothing in this subpart shall be DC 20013; and the Office of Management construed as permitting a level of sub- and Budget, Office of Information and sistence use of fish and wildlife within Regulatory Affairs, Attention: Desk park areas to be inconsistent with the Officer for the Department of Interior conservation of healthy populations, (1024–0125), Washington, DC 20503. and within a national park or monument to be inconsistent with the con- Subpart F—Subsistence servation of natural and healthy populations, of fish and wildlife. § 13.400 Purpose and policy. (a) Consistent with the management § 13.410 Applicability. of fish and wildlife in accordance with Subsistence uses by local rural resi- recognized scientific principles and the dents are allowed pursuant to the regu- purposes for which each park area was lations of this subpart in the following established, designated, or expanded by park areas: ANILCA, the purpose of this subpart is (a) In national preserves; to provide the opportunity for local (b) In Cape Krusenstern National rural residents engaged in a subsist- Monument and Kobuk Valley National ence way of life to do so pursuant to Park; applicable State and Federal law. (c) Where such uses are traditional (b) Consistent with sound manage- (as may be further designated for each ment principles, and the conservation park or monument in the applicable of healthy populations of fish and wild- special regulations of this part) in life, the utilization of park areas is to Aniakchak National Monument, Gates cause the least adverse impact possible of the Arctic National Park, Lake on local rural residents who depend Clark National Park, Wrangell-St. upon subsistence uses of the resources Elias National Park, and the Denali of the public lands in Alaska. National Park addition. (c) Nonwasteful subsistence uses of fish, wildlife and other renewable re- § 13.420 Definitions. sources by local rural residents shall be Local rural resident. As used in this the priority consumptive uses of such part with respect to national parks and resources over any other consumptive monuments, the term ‘‘local rural resi- uses permitted within park areas pur- dent’’ shall mean either of the fol- suant to applicable State and Federal lowing: law. (1) 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 tion of returning to it. Factors dem- or to continue subsistence uses of such onstrating the location of a person’s population, the population shall be al- primary, permanent home may include, located among local rural residents en- but are not limited to, the permanent gaged in subsistence uses in accordance address indicated on licenses issued by with a subsistence priority system the State of Alaska Department of based on the following criteria: Fish and Game, driver’s license, and

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tax returns, and the location of reg- (1) The area within a national park istration to vote. or monument; and (2) Any person authorized to engage (2) The communities and areas near a in subsistence uses in a national park national park or monument which con- or monument by a subsistence permit tain significant concentrations of rural issued pursuant to § 13.440. residents who, without using aircraft Resident zone. As used in this part, as a means of access for purposes of the term ‘‘resident zone’’ shall mean taking fish or wildlife for subsistence the area within, and the communities uses (except in extraordinary cases and areas near, a national park or where no reasonable alternative ex- monument in which persons who have isted), have customarily and tradition- customarily and traditionally engaged ally engaged in subsistence uses within in subsistence uses within the national a national park or monument. For pur- park or monument permanently reside. poses of determining ‘‘significant’’ con- The communities and areas near a na- centrations, family members shall also tional park or monument included as a be included. part of its resident zone shall be deter- (b) After notice and comment, includ- mined pursuant to § 13.430 and listed for ing public hearing in the affected local each national park or monument in the vicinity, a community or area near a applicable special regulations of this national park or monument may be— part. (1) Added to a resident zone; or Subsistence uses. As used in this part, (2) Deleted from a resident zone, the term ‘‘subsistence uses’’ shall mean when such community or area does or the customary and traditional uses by does not meet the criteria set forth in rural Alaska residents of wild, renew- paragraph (a) of this section, as appro- able resources for direct personal or priate. family consumption as food, shelter, (c) For purposes of this section, the fuel, clothing, tools or transportation; term ‘‘family’’ shall mean all persons for the making and selling of handi- living within a rural resident’s house- craft articles out of nonedible byprod- hold on a permanent basis. ucts of fish and wildlife resources taken for personal or family consump- § 13.440 Subsistence permits for per- tion; for barter or sharing for personal sons whose primary, permanent or family consumption; and for cus- home is outside a resident zone. tomary trade. For the purposes of this (a) Any rural resident whose pri- paragraph, the term— mary, permanent home is outside the (1) ‘‘Family’’ shall mean all persons boundaries of a resident zone of a na- related by blood, marriage, or adop- tional park or monument may apply to tion, or any person living within the the appropriate Superintendent pursu- household on a permanent basis; and ant to the procedures set forth in (2) ‘‘Barter’’ shall mean the exchange § 13.495 for a subsistence permit author- of fish or wildlife or their parts taken izing the permit applicant to engage in for subsistence uses— subsistence uses within the national (i) For other fish or game or their park or monument. The Super- parts; or intendent shall grant the permit if the (ii) For other food or for nonedible permit applicant demonstrates that, items other than money if the ex- (1) Without using aircraft as a means change is of a limited and noncommer- of access for purposes of taking fish cial nature; and and wildlife for subsistence uses, the (3) ‘‘Customary trade’’ shall be lim- applicant has (or is a member of a fam- ited to the exchange of furs for cash ily which has) customarily and tradi- (and such other activities as may be tionally engaged in subsistence uses designated for a specific park area in within a national park or monument; the applicable special regulations of or this part). (2) The applicant is a local rural resident within a resident zone for another § 13.430 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

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or monument, and there exists a pat- notice and comment (including public tern of subsistence uses (without use of hearing in the affected local vicinity), an aircraft as a means of access for that it does not meet the description of purposes of taking fish and wildlife for an ‘‘exempted community’’ set forth in subsistence uses) between the national paragraph (b)(1) of this section. park or monument previously utilized (2) Any local rural resident aggrieved by the permit applicant and the na- by the prohibition on aircraft use set tional park or monument for which the forth in this section may apply for an permit applicant seeks a subsistence exception to the prohibition pursuant permit. to the procedures set forth in § 13.495. (b) For purposes of this section, the In extraordinary cases where no rea- term ‘‘family’’ shall mean all persons sonable alternative exists, the Super- living within a rural resident’s house- intendent may grant the exception hold on a permanent basis. upon a determination that the location of the subsistence resources depended [71 FR 69333, Nov. 30, 2006, as amended at 73 FR 3185, Jan. 17, 2008] upon and the difficulty of surface access to these resources, or other emer- § 13.450 Prohibition of aircraft use. gency situation, requires such relief. (a) Notwithstanding the provisions 43 (c) Nothing in this section shall pro- CFR 36.11(f) the use of aircraft for ac- hibit the use of aircraft for access to cess to or from lands and waters within lands and waters within a national a national park or monument for pur- park or monument for purposes of en- poses of taking fish or wildlife for sub- gaging in any activity allowed by law sistence uses within the national park other than the taking of fish and wild- or monument is prohibited except as life. Such activities include, but are provided in this section. not limited to, transporting supplies. (b) Exceptions. (1) In extraordinary § 13.460 Use of snowmobiles, motor- cases where no reasonable alternative boats, dog teams, and other means exists, the Superintendent shall per- of surface transportation tradition- mit, pursuant to specified terms and ally employed by local rural resi- conditions, a local rural resident of an dents engaged in subsistence uses. ‘‘exempted community’’ to use aircraft (a) Notwithstanding any other provi- for access to or from lands and water sion of this chapter, the use of snow- within a national park or monument mobiles, motorboats, dog teams, and for purposes of taking fish or wildlife other means of surface transportation for subsistence uses. traditionally employed by local rural (i) A community shall quality as an residents engaged in subsistence uses is ‘‘exempted community’’ if, because of permitted within park areas except at the location of the subsistence re- those times and in those areas resources upon which it depends and the stricted or closed by the Super- extraordinary difficulty of surface ac- intendent. cess to these subsistence resources, the (b) The Superintendent may restrict local rural residents who permanently or close a route or area to use of snow- reside in the community have no rea- mobiles, motorboats, dog teams, or sonable alternative to aircraft use for other means of surface transportation access to these subsistence resources. traditionally employed by local rural (ii) A community which is deter- residents engaged in subsistence uses if mined, after notice and comment (in- the Superintendent determines that cluding public hearing in the affected such use is causing or is likely to cause local vicinity), to meet the description an adverse impact on public health and of an ‘‘exempted community’’ set forth safety, resource protection, protection in paragraph (b)(1) of this section shall of historic or scientific values, subsist- be included in the appropriate special ence uses, conservation of endangered regulations for each park and monu- or threatened species, or the purposes ment in this part. for which the park area was estab- (iii) A community included as an lished. ‘‘exempted community’’ in the special (c) No restrictions or closures shall regulations of this part may be deleted be imposed without notice and a public therefrom upon a determination, after hearing in the affected vicinity and

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other locations as appropriate. In the rural residents in park areas where case of emergency situations, restric- subsistence uses are allowed may fish tions or closures shall not exceed sixty with a net, seine, trap, or spear where (60) days and shall not be extended un- permitted by State law. To the extent less the Superintendent establishes, consistent with the provisions of this after notice and public hearing in the chapter, applicable State laws and reg- affected vicinity and other locations as ulations governing the taking of fish appropriate, that such extension is jus- which are now or will hereafter be in tified according to the factors set forth effect are hereby incorporated by ref- in paragraph (b) of this section. Notice erence as a part of these regulations. of the proposed or emergency restrictions or closures and the reasons there- § 13.480 Subsistence hunting and trap- fore shall be published in at least one ping. newspaper of general circulation with- Local rural residents may hunt and in the State and in at least one local trap wildlife for subsistence uses in newspaper if appropriate, and informa- park areas where subsistence uses are tion about such proposed or emergency allowed in compliance with applicable actions shall also be made available for State and Federal law. To the extent 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 § 13.485 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 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) For standing timber of diameter (1) In compliance with applicable greater than three inches at ground State and Federal law; height, the Superintendent may permit (2) In such a manner as to prevent cutting in accordance with the speci- waste or damage to the park areas; and fications of a permit if such cutting is (3) In such a manner as to prevent determined to be compatible with the the herding, harassment, hazing or purposes for which the park area was driving of wildlife for hunting or other established; and purposes. (2) For standing timber of diameter (e) At all times when not engaged in less than three inches at ground subsistence uses, local rural residents height, cutting is authorized unless re- may use snowmobiles, motorboats, dog stricted by the Superintendent. teams, and other means of surface (b) The noncommerical gathering by transportation in accordance with 43 local rural residents of fruits, berries, CFR 36.11(c), (d), (e), and (g). mushrooms, and other plant materials for subsistence uses, and the § 13.470 Subsistence fishing. noncommerical gathering of dead or Fish may be taken by local rural downed timber for firewood, shall be residents for subsistence uses in park allowed without a permit in park areas areas where subsistence uses are al- where subsistence uses are allowed. lowed in compliance with applicable (c) Notwithstanding any other provi- State and Federal law, including the sion of this part, the Superintendent, provisions of §§ 2.3 and 13.40 of this after notice and public hearing in the chapter: Provided, however, That local affected vicinity and other locations as

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appropriate, may temporarily close all § 13.490 Closure to subsistence uses of or any portion of a park area to sub- fish and wildlife. sistence uses of a particular plant pop- (a) Notwithstanding any other provi- ulation. The Superintendent may make sion of this part, the Superintendent, a closure under this paragraph only if after consultation with the State and necessary for reasons of public safety, adequate notice and public hearing in administration, resource protection, the affected vicinity and other loca- protection of historic or scientific val- tions as appropriate, may temporarily ues, conservation of endangered or close all or any portion of a park area threatened species, or the purposes for which the park area was established, or to subsistence uses of a particular fish to ensure the continued viability of the or wildlife population only if necessary plant population. For purposes of this for reasons of public safety, adminis- section, the term ‘‘temporarily’’ shall tration, or to assure the continued via- mean only so long as reasonably nec- bility of such population. For purposes essary to achieve the purposes of the of this section, the term ‘‘temporarily’’ closure. shall mean only so long as reasonably (1) If the Superintendent determines necessary to achieve the purposes of that an emergency situation exists and the closure. that extraordinary measures must be (b) If the Superintendent determines taken for public safety or to assure the that an emergency situation exists and continued viability of a particular that extraordinary measures must be plant population, the Superintendent taken for public safety or to assure the may immediately close all or any por- continued viability of a particular fish tion of a park area to the subsistence or wildlife population, the Super- uses of such population. Such emer- intendent may immediately close all or gency closure shall be effective when any portion of a park area to the sub- made, shall be for a period not to ex- sistence uses of such population. Such ceed sixty (60) days, and may not sub- emergency closure shall be effective sequently be extended unless the Su- when made, shall be for a period not to perintendent establishes, after notice exceed sixty (60) days, and may not and public hearing in the affected vi- subsequently be extended unless the cinity and other locations as appro- Superintendent establishes, after no- priate, that such closure should be ex- tice and public hearing in the affected tended. vicinity and other locations as appro- (2) Notice of administrative actions priate, that such closure should be ex- taken pursuant to this section, and the tended. reasons justifying such actions, shall (c) Notice of administrative actions be published in at least one newspaper taken pursuant to this section, and the of general circulation within the State reasons justifying such actions, shall and at least one local newspaper if be published in at least one newspaper available, and information about such of general circulation within the State actions and reasons also shall be made and in at least one local newspaper if available for broadcast on local radio available, and information about such stations in a manner reasonably cal- actions and reasons also shall be made culated to inform local rural residents available for broadcast on local radio in the affected vicinity. All closures stations in a manner reasonably cal- shall be designated on a map which culated to inform local rural residents shall be available for public inspection in the affected vicinity. All closures at the office of the Superintendent of shall be designated on a map which the affected park area and the post of- shall be available for public inspection fice or postal authority of every af- at the office of the Superintendent of fected community within or near the the affected park area and the post of- park area, or by the posting of signs in fice or postal authority of every af- the vicinity of the restrictions, or fected community within or near the both. park area, or by the posting of signs in [71 FR 69333, Nov. 30, 2006, as amended at 73 the vicinity of the restrictions, or FR 3185, Jan. 17, 2008] both.

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§ 13.495 Application procedures for (2) The basis for the applicant’s dis- subsistence permits and aircraft ex- agreement with the Superintendent’s ceptions. findings and conclusions; and (a) Any person applying for the sub- (3) Whether or not the applicant re- sistence permit required by § 13.440(a), quests an informal hearing before the or the exception to the prohibition on Regional Director. aircraft use provided by § 13.450(b)(2), (c) The Regional Director shall provide a hearing if requested by the ap- shall submit his/her application to the plicant. After consideration of the Superintendent of the appropriate na- written materials and oral hearing, if tional park or monument. If the appli- any, and within a reasonable period of cant is unable or does not wish to sub- time, the Regional Director shall af- mit the application in written form, firm, reverse, or modify the denial of the Superintendent shall provide the the Superintendent and shall set forth applicant an opportunity to present in writing the basis for the decision. A the application orally and shall keep a copy of the decision shall be forwarded record of such oral application. Each promptly to the applicant and shall application must include a statement constitute final agency action. which acknowledges that providing false information in support of the ap- Subpart G [Reserved] plication is a violation of Section 1001 of Title 18 of the United States Code, and additional statements or docu- Subpart H—Special Regulations— mentation which demonstrates that Alagnak Wild River the applicant satisfies the criteria set § 13.550 Wildlife distance conditions. forth in § 13.440(a) for a subsistence permit or § 13.450(b)(2) for the aircraft ex- (a) Approaching a bear or any large ception, as appropriate. Except in ex- mammal within 50 yards is prohibited. traordinary cases for good cause (b) Continuing to occupy a position shown, the Superintendent shall decide within 50 yards of a bear that is using whether to grant or deny the applica- a concentrated food source, including, but not limited to, animal carcasses, tion in a timely manner not to exceed spawning salmon, and other feeding forty-five (45) days following the re- areas is prohibited. ceipt of the completed application. (c) Continuing to engage in fishing Should the Superintendent deny the within 50 yards of a bear is prohibited. application, he/she shall include in the (d) The prohibitions in this section decision a statement of the reasons for do not apply to persons— the denial and shall promptly forward (1) Engaged in a legal hunt; a copy to the applicant. (2) On a designated bear viewing (b) An applicant whose application structure; has been denied by the Superintendent (3) In compliance with a written pro- has the right to have his/her applica- tocol approved by the Superintendent; tion reconsidered by the Alaska Re- or gional Director by contacting the Re- (4) Who are otherwise directed by a gional Director within 180 days of the park employee. issuance of the denial. The Regional Director may extend the 180-day time [73 FR 3185, Jan. 17, 2008] limit to initiate a reconsideration for good cause shown by the applicant. For Subpart I—Special Regulations— purposes of reconsideration, the appli- Aniakchak National Monu- cant shall present the following infor- ment and Preserve mation: (1) Any statement or documentation, § 13.602 Subsistence resident zone. in addition to that included in the ini- The following communities and areas tial application, which demonstrates are included within the resident zone that the applicant satisfies the criteria for Aniakchak National Monument: set forth in paragraph (a) of this sec- Chignik, Chignik Lagoon, Chignik tion; Lake, Meshik, and Port Heiden.

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§ 13.604 Wildlife distance conditions. park visitor center), Minchumina, Nikolai, and Telida. (a) Approaching a bear or any large mammal within 50 yards is prohibited. [73 FR 67393, Nov. 14, 2008] (b) Continuing to occupy a position within 50 yards of a bear that is using § 13.903 Subsistence use of off-road vehicles. a concentrated food source, including, but not limited to, animal carcasses, Operating a motor vehicle off road is spawning salmon, and other feeding prohibited except by authorized resi- areas is prohibited. dents as defined in this section when (c) Continuing to engage in fishing engaged in subsistence uses. For pur- within 50 yards of a bear is prohibited. poses of this section, ‘‘authorized resi- (d) The prohibitions do not apply to dents’’ means residents of the Cantwell persons— resident zone community as defined by (1) Engaged in a legal hunt; this subpart or those residents of Alas- (2) On a designated bear viewing ka Game Management Unit 13E holding structure; a permit issued under § 13.440 of this part. Operating a motor vehicle off (3) In compliance with a written pro- road for subsistence purposes outside tocol approved by the Superintendent; any trail or area designated by this or section is prohibited. A map and GPS (4) Who are otherwise directed by a coordinates of designated trails and park employee. areas are available on the park website [71 FR 69333, Nov. 30, 2006, as amended at 73 and at the park visitor center. FR 3186, Jan. 17, 2008] (a) Authorized residents may operate vehicles off road only in the following Subpart J—Special Regulations— designated areas and trails: Bering Land Bridge National (1) The Windy Creek Trail; Preserve (2) The Cantwell Airstrip Trail; (3) The Pyramid Trail; § 13.702 Off-Road Vehicles. (4) The Cantwell Creek Floodplain Trail/Corridor; and The use of off-road vehicles for pur- (5) A trail or area along the Bull poses of reindeer grazing may be per- River Floodplain designated by the su- mitted in accordance with a permit perintendent under paragraph (b) of issued by the Superintendent. this section. (b) The superintendent may des- Subpart K—Special Regulations— ignate a trail or area along the Bull Cape Krusenstern National River Floodplain Corridor for motor Monument vehicle use by authorized residents if the superintendent determines that the § 13.802 Subsistence resident zone. following conditions are met: The following area is included within (1) Access across adjacent non-NPS the resident zone for Cape Krusenstern lands has been secured; (2) An NPS-approved trail has been National Monument: The NANA Re- constructed on NPS lands; and gion. (3) Off-road vehicle use continues to be necessary for reasonable access to Subpart L—Special Regulations— the Bull River for subsistence re- Denali National Park and Preserve sources by authorized residents. (c) All of the following are prohib- GENERAL PROVISIONS ited: (1) Motor vehicles greater than 5.5 § 13.902 Subsistence resident zone. feet wide; The following communities and areas (2) Motor vehicles exceeding 1,000 are included within the resident zone pounds curb (unloaded) weight; for Denali National Park addition: (3) Motor vehicles that steer by lock- Cantwell (limited to the area within a ing or skidding a wheel or track; and 3-mile radius of the Cantwell post of- (4) Operating a motor vehicle in vio- fice as shown on a map available at the lation of § 13.460(d) of this part.

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(d) The superintendent may restrict cluding those hooked and released. or prohibit motor vehicle use author- Possession of more than one day’s ized by this section in accordance with limit of catch by one person at any one § 13.460(b) of this part. The Super- time is prohibited. intendent will notify the public of the proposed restriction or closure by § 13.910 Mountain climbing. issuing a press release, posting at local (a) Climbing Mount McKinley or post offices, posting on the park Mount Foraker without a permit is website, posting signs at designated prohibited. The superintendent will es- trails or areas if appropriate, use of tablish procedures for applying for a electronic media, and via other appro- permit. The superintendent may au- priate means. thorize a maximum of 1500 climbers on [73 FR 67393, Nov. 14, 2008] Mount McKinley from April 1 through August 1 each calendar year. § 13.904 Camping. (b) Violating terms and conditions of Camping without a permit in des- the permit is prohibited. ignated areas in the former Mount McKinley National Park or the [73 FR 67393, Nov. 14, 2008] Kantishna area is prohibited. A map showing areas where a permit is re- § 13.912 Kantishna area summer season firearm safety zone. quired for camping is available at the park visitor center and on the park What is prohibited? No one may fire website. Violating terms and condi- a gun during the summer season in or tions of the permit is prohibited. across the Kantishna area firearm safety zone, unless they are defending life [73 FR 67393, Nov. 14, 2008] or property. § 13.905 Group size. (a) The summer season begins on the (a) The following are prohibited: Saturday of Memorial Day weekend (1) Group sizes exceeding 12 individ- and continues through the second uals on the east side of the park out- Thursday following Labor Day or Sep- side the Frontcountry Developed Area tember 15, whichever comes first. as defined by this subpart. (b) The Kantishna Area firearm safe- (2) Group sizes exceeding 6 individ- ty zone includes: The Kantishna Air- uals on the west side of the park out- strip; the State Omnibus Act Road side the Frontcountry Developed Area right-of-way; and all public lands lo- as defined by this subpart. cated within one mile of the Kantishna (b) A map showing the east and west Airstrip or the State Omnibus Act boundaries is available at the park vis- Road right-of-way, from the former Mt. itor center. McKinley National Park boundary at (c) The superintendent may authorize mile 87.9 to the south end of the larger groups on a case-by-case basis. Kantishna Airstrip.

[73 FR 67393, Nov. 14, 2008] § 13.914 Bicycle use. § 13.906 Unattended or abandoned The use of a bicycle is prohibited— property. (a) On the Savage River Loop Trail; Leaving unattended and abandoned the Savage Cabin Trail; the Triple property along the road corridor, at Lakes Trail; the McKinley Bar Trail; Wonder Lake, and in the areas included and the Eielson Area Trails; and in the backcountry management plan, (b) Within the Frontcountry Devel- is prohibited. oped Area as defined by § 13.970 except on park roads, road shoulders, and in § 13.908 Fishing limit of catch and in public parking areas, or on trails and possession. areas designated for bicycle use by the The limit of catch per person per day Superintendent. A map of the des- shall be 10 fish but not to exceed 10 ignated trails and areas open to bicycle pounds and one fish, except that the use is available for inspection at the limit of catch of lake trout (mackinaw) park visitor center and on the park per person per day shall be two fish in- Web site.

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§ 13.916 Use of roller skates, (3) Engaged in legal hunting or trap- skateboards, roller skis, in-line ping activities; skates, and similar devices. (4) In compliance with a written pro- The use of roller skates, skateboards, tocol approved by the Superintendent; roller skis, in-line skates, and similar (5) Who are otherwise directed by a devices is prohibited— park employee; or (a) On the Savage River Loop Trail; (6) In accordance with a permit from the Savage Cabin Trail; the Triple the Superintendent. Lakes Trail; the McKinley Bar Trail; and the Eielson Area Trails; and [73 FR 3186, Jan. 17, 2008] (b) Within the Frontcountry Devel- MOTOR VEHICLE PERMITS oped Area as defined by § 13.970 except on trails and areas designated by the § 13.930 Do I need a permit to operate Superintendent. A map of the des- a motor vehicle on the Denali Park ignated trails and areas is available for road west of the Savage River? inspection at the park visitor center and on the park Web site. Yes, you must obtain a permit from the superintendent to operate a motor § 13.918 Sable Pass Wildlife Viewing vehicle on the restricted section of the Area. Denali Park road. The restricted sec- (a) Entry into the Sable Pass Wildlife tion begins at the west end of the Sav- Viewing Area is prohibited from May 1 age River Bridge (mile 14.8) and con- to September 30 unless authorized by tinues to the former Mt. McKinley Na- the Superintendent. tional Park boundary north of Wonder (b) The Sable Pass Wildlife Viewing Lake (mile 87.9). Area means the area within one mile of the shoulder of the Park Road between § 13.932 How many permits will be Mile 38.2 and Mile 42.8, excluding the issued each summer? Tattler Creek drainage. A map showing The superintendent is authorized, the specific boundaries of the closure is under this subpart, to issue no more available for inspection at the park than 10,512 motor vehicle permits each visitor center. year for access to the restricted section of the road. The superintendent will [73 FR 3186, Jan. 17, 2008] issue the permits for the period that § 13.920 Wildlife distance conditions. begins on the Saturday of Memorial Day weekend and continues through (a) Bears. The following are prohib- the second Thursday following Labor ited: Day or September 15, whichever comes (1) Approaching within 300 yards of a first. Each permit allows one vehicle bear; or (2) Engaging in photography within one entry onto the restricted portion of 300 yards of a bear. the Park road. (b) Other wildlife. The following are § 13.934 How will the superintendent prohibited: manage the permit program? (1) Approaching within 25 yards of a moose, caribou, Dall sheep, wolf, an ac- (a) The superintendent will apportion tive raptor nest, or occupied den site; motor vehicle permits among author- or ized users following the procedures in (2) Engaging in photography within § 13.55. Authorized users are individ- 25 yards of a moose, caribou, Dall uals, groups and governmental entities sheep, wolf, an active raptor nest, or who are allowed by law or policy to use occupied den site. the restricted section of the road. (c) Prohibitions. The prohibitions in (b) The superintendent will establish this section do not apply to persons— an annual date to evaluate permit re- (1) Within a motor vehicle or a hard quests and publish that date, along sided building; with the results of the annual appor- (2) Within 2 yards of their motor ve- tionment, in the superintendent’s com- hicle or entrance to a hard sided build- pendium of rules and orders. The super- ing that is 25 yards or more from a intendent’s compendium is available to bear; the public upon request.

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(c) The superintendent will reevalu- snowmachine access. Hunting and trap- ate the access requirements of any ping were not and are not legally per- business that is sold, ceases to operate mitted activities in the Old Park at or that significantly changes the serv- any time of the year. Sport fishing has ices currently offered to the public. not taken place in the Old Park during periods of adequate snow cover due to § 13.936 What is prohibited? weather conditions that are adverse to (a) No one may operate a motor vehi- sport fishing, and the limited fishery cle on the restricted section of the resources within the Old Park. During Park road without a valid permit. periods of adequate snow cover, berry (b) No one may use a motor home, picking is not feasible, and has not camper or trailer to transport guests taken place in the Old Park. Under the to a lodge or other business in definition, recreational use of Kantishna. snowmachines is not a traditional ac- (c) No one may transfer or accept tivity. There are no villages, homesites transfer of a Denali Park road permit or other valid occupancies within the without the superintendent’s approval. Old Park. Access by snowmachine through the Old Park in transit to SNOWMACHINE (SNOWMOBILE) homesites, villages and other valid oc- OPERATIONS cupancies was not lawful prior to the enactment of ANILCA and is available § 13.950 What is the definition of a tra- through routes outside the Old Park ditional activity for which Section 1110(a) of ANILCA permits that have been historically used for snowmachines to be used in the that purpose. Therefore, the use of former Mt. McKinley National Park snowmachines is not authorized by sec- (Old Park) portion of Denali Na- tion 1110(a) for such travel. Further, tional Park and Preserve? Congress did not authorize subsistence A traditional activity is an activity activities in the Old Park. In addition, that generally and lawfully occurred in the National Park Service has deter- the Old Park contemporaneously with mined that the use of even a few the enactment of ANILCA, and that snowmachines in the Old Park would was associated with the Old Park, or a be detrimental to the resource values discrete portion thereof, involving the of the area. Therefore, because no consumptive use of one or more nat- usage is authorized in the Old Park by ural resources of the Old Park such as section 1110(a) the Old Park remains hunting, trapping, fishing, berry pick- closed to all snowmachine use in ac- ing or similar activities. Recreational cordance with 36 CFR 2.18. use of snowmachines was not a traditional activity. If a traditional activity § 13.954 Where can I operate a snowmachine in Denali National generally occurred only in a particular Park and Preserve? area of the Old Park, it would be considered a traditional activity only in You can use a snowmachine outside the area where it had previously oc- of the Old Park for traditional activi- curred. In addition, a traditional activ- ties or travel to and from villages and ity must be a legally permissible activ- homesites and other valid occupancies ity in the Old Park. as authorized by 43 CFR 36.11(c), or when lawfully engaged in subsistence § 13.952 May a snowmachine be used activities authorized by § 13.460. in that portion of the park formerly known as Mt. McKinley National § 13.956 What types of snowmachines Park (Old Park)? are allowed? No, based on the application of the The types of snowmachines allowed definition of traditional activities are defined in § 13.1 under within the park to the factual history ‘‘snowmachine or snowmobile’’. of the Old Park, there are no traditional activities that occurred during § 13.958 What other regulations apply periods of adequate snow cover within to snowmachine use? the Old Park; and, thus, Section 1110(a) Snowmachine use is governed by reg- of ANILCA does not authorize ulations at § 2.18(a) of this chapter,

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traffic safety, § 2.18(b) of this chapter, (c) Camping in the FDA for more state laws, and § 2.18(d) and (e) of this than a total of 30 days, either in a sin- chapter, prohibited activities; and 43 gle period or combined periods, is pro- CFR 36.11(a)(2) adequate snow cover, hibited. and 43 CFR 36.11(c) traditional activities. § 13.976 Fire. Lighting or maintaining a fire is pro- § 13.960 Who determines when there is hibited in the FDA except— adequate snow cover? (a) In established receptacles within The superintendent will determine designated campgrounds; when snow cover is adequate for (b) From October 1 through April 14 snowmachine use. The superintendent in that portion of the FDA where the will follow the procedures in §§ 1.5 and park road is closed to motor vehicle 1.7 of this chapter to inform the public. use; and (c) Under conditions that may be es- § 13.962 Does the Superintendent have other regulatory authority? tablished by the Superintendent. Nothing in this subpart shall limit § 13.978 Pets. the authority of the superintendent to restrict or limit uses of an area under Possessing a pet is prohibited— other statutory authority. (a) In the FDA, except in public parking areas, on or immediately adjacent FRONTCOUNTRY DEVELOPED AREA (FDA) to park roads, or in designated campgrounds; § 13.970 Frontcountry Developed Area (b) Within 150 feet of the park sled definition. dog kennels; and For purposes of this subpart, the (c) Within 150 feet of the park water Frontcountry Developed Area (FDA) system intake facilities. means all park areas within the portion of the park formerly known as Mt. § 13.980 Other FDA closures and re- McKinley National Park (Old Park) not strictions. designated as Wilderness by Congress. The Superintendent may prohibit or A map showing the FDA is available at otherwise restrict activities in the the park visitor center. FDA to protect public health, safety, or park resources. Information on FDA § 13.972 Camping from April 15 closures and restrictions will be avail- through September 30. able for inspection at the park visitor (a) Camping is prohibited in the FDA center and on the park Web site. Vio- except in designated campgrounds in lating FDA closures or restrictions is accordance with the terms and condi- prohibited. tions of a permit. Violation of permit terms and conditions is prohibited. Subpart M—Special Regulations— (b) Camping in designated camp- Gates of the Arctic National grounds in the FDA for more than a total of 14 days, either in a single pe- Park and Preserve riod or combined periods, is prohibited. § 13.1002 Subsistence resident zone. § 13.974 Camping from October 1 The following communities and areas through April 14. are included within the resident zone (a) Camping is prohibited in the FDA for Gates of the Arctic National Park: except in designated campgrounds and Alatna, Allakaket, Ambler, Anaktuvuk the designated area where the park Pass, Bettles/Evansville, Hughes, road is closed to motor vehicle use. A Kobuk, Nuiqsut, Shungnak, and map showing the designated area is Wiseman. available at the park visitor center and on the park Web site. § 13.1004 Aircraft use. (b) Camping in the FDA without a In extraordinary cases where no rea- permit is prohibited. Violation of per- sonable alternative exists, local rural mit terms and conditions is prohibited. residents who permanently reside in

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the following exempted commu- Commercial fishing means conducting nity(ies) may use aircraft for access to fishing activities under the appropriate lands and waters within the park for commercial fishing permits and li- subsistence purposes in accordance censes as required and defined by the with a permit issued by the Super- State of Alaska. intendent: Anaktuvuk Pass. Commercial fishing vessel means any motor vessel conducting fishing activi- § 13.1006 Customary trade. ties under the appropriate commercial In the Gates of the Arctic National fishing licenses as authorized under Preserve unit which contains the this subpart. Kobuk River and its tributaries, ‘‘cus- Cruise ship means any motor vessel of tomary trade’’ shall include—in addi- at least 100 tons gross (U.S. System) or tion to the exchange of furs for cash— 2,000 tons gross (International Conven- the selling of handicraft articles made tion System) certificated to carry from plant material taken by local more than 12 passengers for hire. rural residents of the park area. Daily vessel quota means the maximum number of vessels allowed, by § 13.1008 Solid waste disposal. vessel category, on any one calendar (a) A solid waste disposal site may day. accept non-National Park Service solid Glacier Bay means all waters inside a waste generated within the boundaries line drawn between Point Gustavus at of the park area. 135°54.927′ W longitude; 58°22.748′ N lati- (b) A solid waste disposal site may be tude and Point Carolus at 136°2.535′ W located within one mile of facilities as longitude; 58°22.694′ N latitude. defined by this part so long as it does Motor vessel means any vessel, other not degrade natural or cultural re- than a seaplane, propelled or capable of sources of the park area. being propelled by machinery (including steam), whether or not such ma- [73 FR 3186, Jan. 17, 2008] chinery is the principal source of power, except a skiff or tender under Subpart N—Special Regulations— tow or carried on board another vessel. Glacier Bay National Park Outer waters means all of the non-wil- and Preserve derness marine waters of the park located outside of Glacier Bay. ADMINISTRATIVE PROVISIONS Passenger ferry means a motor vessel authorized by the Superintendent to § 13.1102 Definitions. engage in the transport of passengers As used in this subpart: for hire to Bartlett Cove. Bartlett Cove Developed Area means all Private vessel means any motor vessel NPS-administered lands and waters that is not engaged in business (busi- within 1 mile of any Bartlett Cove fa- ness includes, but is not limited to, cility. A map showing the Bartlett transportation of passengers for hire or Cove Developed Area is available at the commercial fishing). park visitor center. Seasonal vessel quota means the max- Charter vessel means any motor vessel imum number of vessels allowed, by under 100 tons gross (U.S. System) or vessel category, during a specific sea- 2,000 tons gross (International Conven- sonal period. tion System) engaged in transport of Speed through the water means the passengers for hire and certified to speed at which a vessel moves through carry no more than 12 passengers over- the water (which itself may be mov- night and no more than 49 passengers ing); as distinguished from ‘‘speed over for daytime use. Charter vessels also the ground’’ (speed measured in rela- include any uninspected motor vessel tion to a fixed point on the earth). measuring less than 200 tons gross Tour vessel means any motor vessel of (U.S. Tonnage ‘‘Simplified Measure- less than 100 tons gross (U.S. System) ment System’’) and not more than 24 or 2,000 tons gross (International Con- meters (79 feet) in length engaged in vention System) engaged in transport transport of passengers for hire. of passengers for hire and certificated

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to carry more than 12 passengers over- (d) Except at Glacier Bay National night or more than 49 passengers for Preserve, campfires must be lighted daytime use. and maintained inside a fire pan within Transit means to operate a motor ves- 1⁄2 mile of the Alsek River. sel under power and continuously so as (e) Disposal of solid human body to accomplish 1⁄2 nautical mile of lit- waste within the Alsek Corridor is pro- toral (i.e., along the shore) travel. hibited. This waste must be carried to Vessel includes every type or descrip- and disposed of at the NPS—designated tion of craft used as a means of trans- facility. portation on the water, including a buoyant device permitting or capable [73 FR 3186, Jan. 17, 2008] of free flotation and a seaplane while operating on the water. § 13.1109 Off-road vehicle use in Gla- Whale means any humpback whale cier Bay National Preserve. (Megaptera novaeangliae). The use of off-road vehicles is author- Whale waters means any portion of ized only on designated routes and Glacier Bay, designated by the super- areas in Glacier Bay National Preserve. intendent, having a high probability of The use of off-road vehicles in all other whale occupancy, based upon recent areas in Glacier Bay National Preserve sighting and/or past patterns of occur- is prohibited. A map of designated rence. routes and areas is available at park § 13.1104 Coordinates. headquarters. All coordinates referenced in this [73 FR 3186, Jan. 17, 2008] subpart use horizontal datum World Geodetic System of 1984 (WGS 84). GENERAL PROVISIONS

§ 13.1106 Pets. § 13.1110 May I collect or burn Pets are prohibited except— interstadial wood? (a) On the Bartlett Cove Public Use Collecting or burning interstadial Dock; wood (aged wood preserved in glacial (b) On the beach between the Bartlett deposits) is prohibited. Cove Public Use Dock and the National Park Service Administrative Dock; § 13.1112 May I collect rocks and min- (c) Within 100 feet of Bartlett Cove erals? Developed Area park roads or parking Collecting rocks and minerals in the areas unless otherwise posted; former Glacier Bay National Monu- (d) On a vessel on the water; or ment is prohibited. (e) Within Glacier Bay National Pre- serve. § 13.1114 May I collect goat hair? [73 FR 3186, Jan. 17, 2008] The collection of naturally shed goat § 13.1108 Alsek Corridor. hair is authorized in accordance with terms and conditions established by (a) A permit is required to enter the the Superintendent. Violating terms Alsek Corridor. A map showing the and conditions for collecting goat hair boundaries of the Alsek Corridor is is prohibited. available from the park visitor center. Failure to obtain a permit is prohib- § 13.1116 Do I need a camping permit ited. in Glacier Bay? (b) Group size is limited to 15 persons except that specific concession permit From May 1 through September 30, holders are limited to 25 persons. camping within Glacier Bay as defined (c) Camping is prohibited for more by this subpart up to 1⁄4 nautical mile than one night each at Walker Glacier, (1519 feet) above the line of mean high Alsek Spit and Gateway Knob plus one tide without a camping permit is pro- additional night at any one of these hibited. The Superintendent may es- three locations. Camping is prohibited tablish permit terms and conditions. for more than four nights total among Failure to comply with permit terms the three locations. and conditions is prohibited.

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§ 13.1118 Solid waste disposal. Use Dock without written permission (a) A solid waste disposal site may from the Superintendent. accept non-National Park Service solid (f) Utilizing the fuel dock for activi- waste generated within the boundaries ties other than fueling and waste of the park area. pump-out is prohibited. Other uses may (b) A solid waste disposal site may be be authorized by the Superintendent to located within one mile of facilities as protect park resources or public safety. defined by this part so long as it does (g) Leaving a vessel unattended on not degrade natural or cultural re- the fuel dock for any length of time is sources of the park area. prohibited. [73 FR 3186, Jan. 17, 2008] (h) Using electrical shore power for vessels is prohibited unless otherwise BARTLETT COVE authorized by the Superintendent.

§ 13.1120 Bartlett Cove Developed Area § 13.1124 Bartlett Cove Campground. closures and restrictions. (a) Camping is prohibited in the Bart- The Superintendent may prohibit or otherwise restrict activities in the lett Cove Developed Area except in the Bartlett Cove Developed Area to pro- Bartlett Cove Campground. From May tect public health, safety, or park re- 1 through September 30, all overnight sources, or to provide for the equitable campers must register to camp in the and orderly use of park facilities. Infor- Bartlett Cove Campground. Failure to mation on closures and restrictions register is prohibited. will be available at the park visitor in- (b) Cooking, consuming, or preparing formation center. Violating Bartlett food in the Bartlett Cove Campground Cove Developed Area closures or re- is prohibited except in designated strictions is prohibited. areas. (c) Food storage. In the Bartlett Cove § 13.1122 Bartlett Cove Public Use Dock. Developed Area, storing food in any manner except in a sealed motor vehi- (a) Docking, tying down, or securing cle, a vessel (excluding kayaks), a aircraft is prohibited except at the des- building, an approved bear-resistant ignated aircraft float at the Bartlett food container, a bear-resistant trash Cove Public Use Dock. Docking, tying down, or securing aircraft to the Bart- receptacle, or a designated food cache lett Cove Public Use Dock for longer is prohibited. than 3 hours in a 24-hour period is prohibited. Pilots must remain with the § 13.1126 Bicycles. aircraft or provide notice of their loca- Use of a bicycle is prohibited on the tion to a park ranger. Failure to re- Forest Loop, Bartlett River and Bart- main with the aircraft or provide no- lett Lake trails. tice to a park ranger is prohibited. (b) Vehicles exceeding 30,000 pounds § 13.1128 Is a permit required to trans- gross vehicle weight are prohibited on port passengers between Bartlett the dock, unless authorized by the Su- Cove and Gustavus? perintendent. Commercial transport of passengers (c) Leaving personal property (other between Bartlett Cove and Gustavus by than vessels) unattended on, or at- motor vehicles legally licensed to tached to, the floats or pier without carry 15 or fewer passengers is allowed prior permission from the Super- without a permit. However, if required intendent is prohibited. (d) Processing commercially caught to protect public health and safety or fish on the Public Use Dock is prohib- park resources, or to provide for the ited. equitable use of park facilities, the Su- (e) The Superintendent may author- perintendent may establish a permit ize the buying or selling of fish or fish requirement with appropriate terms products on or at the Public Use Dock. and conditions for the transport of pas- Buying or selling of fish or fish prod- sengers. Failure to comply with permit ucts is prohibited on or at the Public terms and conditions is prohibited.

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COMMERCIAL FISHING (c) The Superintendent shall include in a permit the terms and conditions § 13.1130 Is commercial fishing author- that the superintendent deems nec- ized in the marine waters of Glacier essary to protect park resources. Vio- Bay National Park? lating a term or condition of the per- Yes—Commercial fishing is author- mit is prohibited. ized within the outer waters of the park and within the non-wilderness wa- § 13.1134 Who is eligible for a Glacier ters of Glacier Bay, subject to the pro- Bay commercial fishing lifetime ac- visions of this chapter. cess permit? (a) Commercial fishing shall be ad- A Glacier Bay commercial fishing ministered pursuant to a cooperatively lifetime access permit will be issued by developed State/federal park fisheries the superintendent to fishermen who management plan, international con- have submitted documentation to the servation and management treaties, superintendent, on or before October 1, and existing federal and non-con- 2000, which demonstrates to the satis- flicting State law. The management faction of the superintendent that: plan shall provide for the protection of (a) They possess valid State limited park values and purposes, the prohibi- entry commercial fishing permits for tion on any new or expanded fisheries, the district or statistical area encom- and the opportunity to study marine passing Glacier Bay for each fishery for resources. which a lifetime access permit is being (b) Commercial fishing or conducting sought; and, an associated buying or processing op- (b) They have participated as a lim- eration in wilderness waters is prohibited entry permit holder or crew- ited. member in the district or statistical (c) A new or expanded fishery is pro- area encompassing Glacier Bay for hibited. The Superintendent shall com- each fishery for which a lifetime access pile a list of the existing fisheries and permit is being sought. gear types used in the outer waters and (1) For the Glacier Bay commercial follow the procedures in §§ 1.5 and 1.7 of halibut fishery, the applicant must this chapter to inform the public. have participated as a permit holder or (d) Maps and charts showing which crewmember for at least 2 years during marine areas of Glacier Bay are closed the period 1992–1998. to commercial fishing are available (2) For the Glacier Bay salmon or from the Superintendent. Tanner crab commercial fisheries, the applicant must have participated as a § 13.1132 What types of commercial permit holder or crewmember for at fishing are authorized in Glacier least 3 years during the period 1989– Bay? 1998. Three types of commercial fishing are authorized in Glacier Bay non-wil- § 13.1136 How can an individual apply derness waters: Longline fishing for for a commercial fishing lifetime ac- halibut; pot and ring fishing for Tanner cess permit? crab; and trolling for salmon. An applicant for a lifetime access (a) All other commercial fishing, or a permit must provide information suffi- buying or a processing operation not cient to establish eligibility as follows: related to an authorized fishery is pro- (a) The applicant’s full name, date of hibited in Glacier Bay. birth, mailing address and phone num- (b) On October 1, 2000, each fishery ber; will be limited to fishermen who qual- (b) A notarized affidavit (required), ify for a non-transferable commercial sworn by the applicant, attesting to his fishing lifetime access permit (see or her history of participation as a lim- § 13.1134). Commercial fishing without a ited entry permit holder or crew- permit issued by the superintendent, or member in Glacier Bay during the other than in accordance with the qualifying period for each fishery for terms and conditions of the permit, is which a lifetime access permit is being prohibited. sought;

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(c) A copy of the applicant’s current § 13.1138 Where should the docu- State of Alaska limited entry permit mentation for a lifetime access per- or, in the case of halibut, an intermit be sent? national Pacific Halibut Commission Before October 1, 2000, all required in- quota share (required), that is valid for formation (as listed in § 13.1136) should the area that includes Glacier Bay, for be sent to: Superintendent, Attn: Ac- each fishery for which a lifetime access cess Permit Program, Glacier Bay Na- permit is sought; tional Park and Preserve, P.O. Box 140, (d) For qualifying years as a limited Gustavus, Alaska 99826. entry permit holder, available corrobo- § 13.1140 Who determines eligibility? rating documentation of the applicant’s permit and quota share history The superintendent will make a writ- for the Glacier Bay fishery during the ten determination of an applicant’s eli- qualifying period, and/or for qualifying gibility for the lifetime access permit years as a crewmember, other available based on information provided. A copy of the determination will be mailed to corroborating documentation of crew- the applicant. If additional informa- member status. This may include a tion is required to make an eligibility copy of the applicant’s commercial determination, the applicant will be crewmember license for each quali- notified in writing of that need and be fying year, a notarized affidavit from given an opportunity to provide it. their employer (generally a limited entry permit holder, or boat owner § 13.1142 Can I appeal denial of my hired or contracted by a limited entry commercial fishing lifetime access permit holder) stating the years permit application? worked by the applicant in a qualifying Yes—If an applicant’s request for a fishery in Glacier Bay, copies of tax commercial fishing lifetime access per- forms W–2 or 1099, pay stubs, or other mit is denied, the superintendent will documentation; and provide the applicant with the reasons (e) For applicants qualifying as a for the denial in writing within 15 days limited entry permit holder, available of the decision. The applicant may ap- corroborating documentation of com- peal to the Regional Director, Alaska mercial landings for the Glacier Bay Region, within 180 days. The appeal fishery during the qualifying periods— must substantiate the basis of the ap- i.e., within the statistical unit or area plicant’s disagreement with the Super- intendent’s determination. The Re- that includes Glacier Bay. For halibut, gional Director (or his representative) this includes regulatory sub-area 184. will meet with the applicant to discuss For Tanner crab, this includes statis- the appeal within 30 days of receiving tical areas 114–70 through 114–77. For the appeal. Within 15 days of receipt of salmon, the Superintendent may need written materials and the meeting, if additional documentation that sup- requested, the Regional Director will ports the applicant’s declaration of affirm, reverse, or modify the Super- Glacier Bay salmon landings. For hal- intendent’s determination and explain ibut and Tanner crab, the Super- the reasons for the decision in writing. intendent may consider documented A copy of the decision will be for- commercial landings from the unit or warded promptly to the applicant and area immediately adjacent to Glacier will be the final agency action. Bay (in Icy Strait) if additional documentation supports the applicant’s § 13.1144 How often will commercial declaration that landings occurred in fishing lifetime access permit be renewed? Glacier Bay. (f) Any additional corroborating doc- The superintendent will renew life- umentation that might assist the su- time access permit at 5-year intervals perintendent in a timely determination for the lifetime of a permittee who continues to hold a valid State limited of eligibility for the access permits. entry commercial fishing permit, and for halibut an International Pacific Halibut Commission quota share, and

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is otherwise eligible to participate in § 13.1154 Commercial vessel permits the fishery under Federal and State and conditions. law. Each commercially operated motor vessel must have a permit to operate in § 13.1146 What other closures and restrictions apply to commercial fish- Glacier Bay National Park and Pre- ermen and commercial fishing ves- serve in accordance with § 5.3 of this sels? chapter. The following are prohibited: (a) A cruise ship must have a conces- (a) Commercial fishing in the waters sion contract to operate in Glacier of Geikie, Tarr, Johns Hopkins and Bay. Reid Inlets. (b) A tour vessel, charter vessel, and (b) Commercial fishing in the waters passenger ferry must have a commer- of the west arm of Glacier Bay north of cial authorization to operate in Glacier 58° 50.0′ N latitude, except commercial Bay. fishermen who have been authorized by (c) The operator of a cruise ship, tour the superintendent to troll for salmon vessel, charter vessel, and passenger may troll for king salmon during the ferry must notify the Bartlett Cove period October 1 through April 30, in Ranger Station of the vessel’s entry compliance with state commercial fish- into Glacier Bay within 48 hours in ad- ing regulations. vance of entering Glacier Bay or imme- (c) Commercial fishing in the east diately upon entry. arm of Glacier Bay, north of an imagi- (d) Cruise ships and tour vessels are nary line running from Point Caroline prohibited from operating in the through the southern point of Garforth Beardslee Entrance and at the entrance Island and extending to the east side of to Adams Inlet, as defined as waters Muir Inlet, except commercial fisher- within the Wilderness boundaries in men who have been authorized by the those respective areas. superintendent to troll for salmon may (e) Off-boat activity from a cruise troll for king salmon south of 58° 50.0′ ship, tour vessel, or charter vessel is N latitude during the period October 1 prohibited, unless authorized by the su- through April 30, in compliance with perintendent. state commercial fishing regulations. (f) Off-boat activity from a passenger ferry is prohibited, except for pas- VESSEL PERMITS senger access at the Bartlett Cove docks. § 13.1150 Is a permit required for a (g) A passenger ferry must travel a vessel in Glacier Bay? direct course between the mouth of A permit from the superintendent is Glacier Bay and Bartlett Cove, except required for motor vessels in accord- when the vessel is granted safe harbor ance with this subpart and applicable by the Superintendent as stated in regulations in this part. § 13.1156(e).

§ 13.1152 Private vessel permits and § 13.1156 Exceptions from vessel per- conditions. mit requirement. In Glacier Bay from June 1 through A vessel permit is not required in August 31 an individual must have a Glacier Bay when: permit from the NPS issued for a spe- (a) A motor vessel is engaged in offi- cific vessel for a specific period of time. cial, non-commercial business of the (a) From June 1 through August 31, State or Federal Government; when the operator of a private vessel (b) A motor vessel is operating in enters Glacier Bay for the first time Bartlett Cove waters east of a line ex- that calendar year, the operator must tending from the long axis of the fuel go directly to the Bartlett Cove Ranger dock to the wilderness boundary of Station for orientation. Lester Island; (b) From May 1 through September (c) One motor vessel is launched from 30, the operator of a private vessel a motor vessel that has a permit and must immediately notify the Bartlett only while the authorized motor vessel Cove Ranger Station of the vessel’s remains at anchor or operated in ac- entry to or exit from Glacier Bay. cordance with a concession agreement

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from a permitted motor vessel while striction issued or imposed pursuant to that vessel is not underway; this chapter is prohibited. (d) A commercial fishing vessel au- (c) The superintendent may imme- thorized under this subpart is actually diately suspend or revoke a permit or engaged in commercial fishing; or deny a future permit request as a re- (e) A vessel is granted safe harbor by sult of a violation of a provision of this the superintendent. chapter. § 13.1158 Prohibitions. § 13.1160 Restrictions on vessel entry. (a) Operating a motor vessel in Gla- cier Bay without a required permit is The superintendent will allow vessel prohibited. entry in accordance with the following (b) Violating a term or condition of a table: permit or an operating condition or re-

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

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

NOTE: Cruise ships and tour vessels are conditions is prohibited. This para- limited to the daily vessel quota year-round. graph will cease to have effect on No- Charter and private vessels are not subject vember 30, 2011. to quotas from September through May. (d) Nothing in this section will be (a) The Director will reduce the ves- construed to prevent the super- sel quota levels for any or all cat- intendent from taking any action at egories of vessels in this subpart as re- any time to protect the values and pur- quired to protect the values and purposes of Glacier Bay National Park and poses of Glacier Bay National Park and Preserve. Preserve. The director will make these reductions based on the controlling bi- VESSEL OPERATING RESTRICTIONS ological opinion issued by the National Oceanic and Atmospheric Administra- § 13.1170 What are the rules for oper- tion Fisheries Service under section 7 ating vessels? of the Endangered Species Act, applica- (a) Operating a vessel within 1/4 nau- ble authority, and any other relevant tical mile of a whale is prohibited, ex- information. cept for a commercial fishing vessel (b) The superintendent will annually authorized under this subpart that is determine the cruise ship quota. This determination will be based upon appli- actively trolling, setting, or pulling cable authorities, appropriate public long lines, or setting or pulling crab comment and available scientific and pots. other information. The number will be (b) The operator of a vessel inadvert- subject to the maximum daily vessel ently positioned within 1/4 nautical quota of two vessels. mile of a whale must immediately slow (c) From June 1 through August 31, the vessel to ten knots or less, without the superintendent will designate one shifting into reverse unless impact is private vessel permit from the daily likely. The operator must direct or quota of 25 as a transit permit. This maintain the vessel on as steady a transit permit may be used only to di- course as possible away from the whale rectly exit Glacier Bay from Bartlett until at least 1/4 nautical mile of sepa- Cove and return directly to Bartlett ration is established. Failure to take Cove. The superintendent may estab- such action is prohibited. lish application procedures and oper- (c) The operator of a vessel or sea- ating conditions. Violating operating plane positioned within 1/2 nautical

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mile of a whale is prohibited from al- proach or land on shore (i.e., by the tering course or speed in a manner that most direct line to shore) through des- results in decreasing the distance be- ignated whale waters, but they may tween the whale and the vessel or sea- not transit along the shore. plane. (3) Operators must follow motor vessel speed limits in § 13.1176(a). § 13.1172 When general operating restrictions do not apply. § 13.1176 Speed restrictions. Section 13.1170 does not apply to a (a) From May 15 through September vessel being used in connection with 30, in designated whale waters the fol- federally permitted whale research or lowing are prohibited: monitoring; other closures and restric- (1) Operating a motor vessel at more tions in ‘‘Vessel Operating Restric- than 20 knots speed through the water; tions,’’ §§ 13.1170 through 13.1180, do not or apply to authorized persons conducting (2) Operating a motor vessel at more emergency or law enforcement oper- than 13 knots speed through the water, ations, research or resource manage- when the superintendent has des- ment, park administration/supply, or ignated a maximum speed of 13 knots, other necessary patrols. or at a maximum speed designated by the superintendent based on NOAA § 13.1174 Whale water restrictions. guidelines or new scientific informa- (a) May 15 through September 30, the tion. following waters are designated as (b) From July 1 through August 31, whale waters. operating a motor vessel on Johns Hop- (1) Waters north of a line drawn from kins Inlet waters south of 58°54.2′ N Point Carolus to Point Gustavus; and latitude (a line running due west from south of a line drawn from the north- Jaw Point) at more than 10 knots speed ernmost point of Lars Island across the through the water is prohibited. northernmost point of Strawberry Is- land to the point where it intersects § 13.1178 Closed waters, islands and the line that defines the Beardslee Is- other areas. land group, as described in The following are prohibited: § 13.1180(a)(4), and following that line (a) Operating a vessel or otherwise south and west to the Bartlett Cove approaching within 100 yards of South shore (so as to include the Beardslee Marble Island; or Flapjack Island; or Entrance and Bartlett Cove); and any of the three small unnamed islets (2) Other waters designated by the approximately one nautical mile superintendent as temporary whale wa- southeast of Flapjack Island; or Eider ters. Island; or Boulder Island; or Geikie (b) The public will be notified of Rock; or Lone Island; or the northern other waters designated as temporary three-fourths of Leland Island (north of whale waters in accordance with § 1.7 of 58°39.1′ N latitude); or any of the four this chapter. small unnamed islands located approxi- (c) Violation of a whale water restric- mately one nautical mile north (one is- tion is prohibited. The following re- land), and 1.5 nautical miles east (three strictions apply in whale waters unless islands) of the easternmost point of otherwise provided by the super- Russell Island; or Graves Rocks (on the intendent in the designation: outer coast); or Cormorant Rock, or (1) Operating a motor vessel less than any adjacent rock, including all of the one nautical mile from shore (where near-shore rocks located along the the width of the water permits), or in outer coast, for a distance of 11⁄2 nau- narrower areas navigating outside of tical miles, southeast from the mouth mid-channel is prohibited. This restric- of Lituya Bay; or the surf line along tion does not apply to motor vessels the outer coast, for a distance of 11⁄2 less than 18 feet in length, or vessels nautical miles northwest of the mouth actively engaged in fishing activities of the glacial river at Cape or operating solely under sail. Fairweather. (2) Unless other restrictions apply, (b) Operating a vessel or otherwise operators may perpendicularly ap- approaching within 100 yards of a

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Steller (northern) sea lion (Eumetopias west of the wilderness boundary at the jubatus) hauled-out on land or a rock or mouth of the Hugh Miller Inlet. a nesting seabird colony: Provided, how- (4) Waters within the Beardslee Is- ever, that vessels may approach within land group (except the Beardslee En- 50 yards of that part of South Marble trance), that is defined by an imagi- Island lying south of 58°38.6′ N latitude nary line running due west from shore (approximately the southern one-half to the easternmost point of Lester Is- of South Marble Island) to view land, then along the south shore of seabirds. Lester Island to its western end, then (c) May 1 through August 31, oper- to the southernmost point of Young Is- ating a vessel, or otherwise approach- land, then north along the west shore ing within 1⁄4 nautical mile of, Spider and east along the north shore of Island or any of the four small islets Young Island to its northernmost lying immediately west of Spider Is- point, then at a bearing of 15 true to an land. imaginary point located one nautical (d) May 1 through August 31, oper- mile due east of the easternmost point ating a cruise ship on Johns Hopkins of Strawberry Island, then at a bearing Inlet waters south of 58°54.2′ N latitude of 345 true to the northernmost point of (an imaginary line running approxi- Flapjack Island, then at a bearing of 81 mately due west from Jaw Point). true to the northernmost point of the (e) May 1 through June 30, operating unnamed island immediately to the a vessel or a seaplane on Johns Hop- east of Flapjack Island, then south- kins Inlet waters south of 58°54.2′ N easterly to the northernmost point of latitude (an imaginary line running ap- the next unnamed island, then south- proximately due west from Jaw Point). easterly along the (Beartrack Cove) (f) July 1 through August 31, oper- shore of that island to its easternmost ating a vessel or a seaplane on Johns point, then due east to shore. Hopkins Inlet waters south of 58°54.2′ N (b) June 1 through July 15, operating latitude (an imaginary line running ap- a motor vessel or a seaplane on the wa- proximately due west from Jaw Point), ters of Muir Inlet north of 59°02.7′ N within 1⁄4 nautical mile of a seal hauled latitude (an imaginary line running ap- out on ice; except when safe navigation proximately due west from the point of requires, and then with due care to land on the east shore approximately 1 maintain the 1⁄4 nautical mile distance nautical mile north of the McBride from concentrations of seals. Glacier) is prohibited. (g) Restrictions imposed in this sec- (c) July 16 through August 31, oper- tion are minimum distances. Park visi- ating a motor vessel or a seaplane on tors are advised that protection of park the waters of Wachusett Inlet west of wildlife may require that visitors 136°12.0′ W longitude (an imaginary line maintain greater distances from wild- running approximately due north from life. See, 36 CFR 2.2 (Wildlife protec- the point of land on the south shore of tion). Wachusett Inlet approximately 21⁄4 nautical miles west of Rowlee Point) is § 13.1180 Closed waters, motor vessels prohibited. and seaplanes. (a) May 1 through September 15, op- § 13.1182 Noise restrictions. erating a motor vessel or a seaplane on June 1 through August 31, except on the following water is prohibited: vessels in transit or as otherwise au- (1) Adams Inlet, east of 135°59.2′ W thorized by the superintendent, the use longitude (an imaginary line running of generators or other non-propulsive approximately due north and south motors (except a windlass) is prohib- through the charted (5) obstruction lo- ited from 10 p.m. until 6 a.m. in Reid cated approximately 21⁄4 nautical miles Inlet, Blue Mouse Cove and North east of Pt. George). Sandy Cove. (2) Rendu Inlet, north of the wilderness boundary at the mouth of the § 13.1184 Other restrictions on vessels. inlet. The superintendent will make rules (3) Hugh Miller complex, including for the safe and equitable use of Bart- Scidmore Bay and Charpentier Inlet, lett Cove waters and for park docks.

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The superintendent will notify the pub- Naknek Lake and River Drainage will lic of these rules by posting of a sign or be authorized, in accordance with a copy of them at the dock. Failure to State fishing regulations or conditions obey a sign or posted rule is prohibited. established by the Superintendent, to continue their traditional fishery for § 13.1186 What are the emission stand- red fish (spawned-out sockeye salmon ards for vessels? that have no significant commercial (a) The State of Alaska statutes and value). regulations applicable to marine vessel emission standards are adopted as a § 13.1206 Wildlife distance conditions. part of these regulations. (a) Approaching a bear or any large (b) Violating a State of Alaska stat- mammal within 50 yards is prohibited. ute or regulation applicable to marine (b) Continuing to occupy a position vessel visible emission standards is within 50 yards of a bear that is using prohibited. a concentrated food source, including, but not limited to, animal carcasses, § 13.1188 Where to get charts depicting closed waters. spawning salmon, and other feeding areas is prohibited. Closed waters and islands within Gla- (c) Continuing to engage in fishing cier Bay as described in §§ 13.1174– within 50 yards of a bear is prohibited. 13.1180 of this subpart are described as (d) The prohibitions in this section depicted on NOAA Chart #17318 GLA- do not apply to persons— CIER BAY (4th Ed., Mar. 6/93) available (1) Engaged in a legal hunt; to the public at park offices at Bartlett (2) On a designated bear viewing Cove and Juneau, Alaska. structure; (3) In compliance with a written pro- Subpart O—Special Regulations— tocol approved by the Superintendent; Katmai National Park and Pre- or serve (4) Who are otherwise directed by a park employee. GENERAL PROVISIONS [71 FR 69333, Nov. 30, 2006, as amended at 73 § 13.1202 Fishing. FR 3186, Jan. 17, 2008] Fishing is allowed in accordance with § 13.1208 Lake Camp. § 13.40 of this chapter, but only with artificial lures and with the following ad- Leaving a boat, trailer, or vehicle un- ditional exceptions: attended for more than 72 hours at the (a) Bait, as defined by State law, may facilities associated with the Lake be used only on the Naknek River dur- Camp launching ramp is prohibited ing times and dates established by the without authorization from the Super- Alaska Department of Fish and Game, intendent. Leaving a boat unattended and only from markers located just at the Lake Camp dock is prohibited. above Trefon’s cabin downstream to § 13.1210 Firearms. the park boundary. (b) Flyfishing only is allowed on the The superintendent may designate Brooks River between Brooks Lake and areas or routes within Katmai National the posted signs near Brooks Camp. Park where a firearm may be carried. (c) No person may retain more than [73 FR 3186, Jan. 17, 2008] one fish per day caught on Brooks River, on the waters between the post- BROOKS CAMP DEVELOPED AREA ed signs 200 yards from the outlet of Brooks Lake, or on the water between § 13.1220 Brooks Camp Developed the posted signs 200 yards from the Area definition. mouth of the Brooks River on Naknek For purposes of this subpart, the Lake. Brooks Camp Developed Area (BCDA) means all park areas within a 1.5 mile § 13.1204 Traditional red fish fishery. radius from the Brooks Falls Platform Local residents who are descendants and is depicted on a map available at of Katmai residents who lived in the the park visitor center. Sections

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13.1222–13.2240 of this subpart apply § 13.1234 Pets. from May 1 through October 31 unless Possessing a pet in the BCDA is pro- stated otherwise. hibited. § 13.1222 Camping. § 13.1236 Bear orientation. (a) Camping is prohibited in all areas All persons visiting the BCDA must of the BCDA except within the Brooks receive an NPS-approved Bear Orienta- Camp Campground and other des- tion. Failure to receive an NPS-ap- ignated areas. proved Bear Orientation is prohibited. (b) Camping in Brooks Camp Camp- ground for more than a total of 7 § 13.1238 Picnicking. nights during the month of July is prohibited. Within the BCDA, picnicking in loca- (c) Exceeding a group size limit of 6 tions other than the Brooks Camp Vis- persons per site in the Brooks Camp itor Center picnic area, Brooks Camp- Campground while in operation as a ground, Brooks Lake Picnic Area, and designated fee area is prohibited. a site designated in the employee housing area is prohibited. Food consump- § 13.1224 Visiting hours. tion or possession while at the Brooks River is prohibited. The Falls and Riffles bear viewing platforms and boardwalks are closed § 13.1240 Unattended property. from 10 pm to 7 am from June 15 through August 15. Entering or going Leaving property, other than motor- upon these platforms and boardwalks boats and planes, unattended for any during these hours is prohibited. length of time within the BCDA is prohibited, except at the Brooks Lodge § 13.1226 Brooks Falls area. Porch, Brooks Campground, or designated equipment caches as posted at The area within 50 yards of the ordi- the Brooks Camp Visitor Center. nary high water marks of the Brooks River from the Riffles Bear Viewing § 13.1242 BCDA closures and restric- Platform to a point 100 yards above tions. Brooks Falls is closed to entry from June 15 through August 15, unless au- The Superintendent may prohibit or thorized by the Superintendent. The otherwise restrict activities in the Superintendent may designate a route BCDA to protect public health and to transit through the closed area. safety or park resources. Information on BCDA closures and restrictions will § 13.1228 Food storage. be available for inspection at the park visitor center. Violating BCDA clo- In the BCDA, all fish must be stored sures or restrictions is prohibited. in designated facilities and in accordance with conditions established by the Superintendent. Storing fish in any Subpart P—Special Regulations— other manner is prohibited. Employees Kenai Fjords National Park may store fish in employee residences. SOURCE: 73 FR 3186, Jan. 17, 2008, unless § 13.1230 Campfires. otherwise noted. Lighting or maintaining a fire is prohibited except in established recep- GENERAL PROVISIONS tacles in the BCDA. § 13.1302 Subsistence. § 13.1232 Sanitation. Subsistence uses are prohibited in, Within the BCDA, washing dishes or and the provisions of Subpart F of this cooking utensils at locations other part shall not apply to, Kenai Fjords than the water spigot near the food National Park. cache in the Brooks Campground or other designated areas is prohibited.

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§ 13.1304 Ice fall hazard zones. minus from May 1 through October 31, Entering an ice fall hazard zone is and during other periods as determined prohibited. These zones will be des- by the Superintendent. Restrictions ignated with signs, fences, rope bar- and exceptions will be available for in- riers, or similar devices. spection at the park visitor center, on bulletin boards or signs, or by other ap- § 13.1306 Public use cabins. propriate means. (a) Camping within 500 feet of the North Arm or Holgate public use cabin § 13.1316 Commercial transport of pas- is prohibited except by the cabin per- sengers by motor vehicles. mit holder on a designated tent site, or Commercial transport of passengers as otherwise authorized by the Super- by motor vehicles on Exit Glacier Road intendent. is allowed without a written permit. (b) Camping within the 5-acre NPS- However, if required to protect public leased parcel surrounding the Aialik health and safety or park resources, or public use cabin is prohibited except by to provide for the equitable use of park the cabin permit holder on a des- facilities, the Superintendent may es- ignated tent site, or as otherwise au- tablish a permit requirement with ap- thorized by the Superintendent. propriate terms and conditions for the (c) Lighting or maintaining a fire within 500 feet of the North Arm or transport of passengers. Failure to Holgate public use cabins is prohibited comply with permit terms and condi- except by the cabin permit holder in tions is prohibited. NPS established receptacles, or as otherwise authorized by the Super- EXIT GLACIER DEVELOPED AREA (EGDA) intendent. § 13.1318 Location of the EGDA. § 13.1308 Harding Icefield Trail. (a) A map showing the boundaries of The Harding Icefield Trail from the the EGDA is available at the park vis- junction with the main paved trail itor center. near Exit Glacier to the emergency hut (b) For the purpose of this subpart, near the terminus is closed to— the EGDA means: (a) Camping within 1⁄8 mile of the (1) From the park boundary to Exit trail from March 1 through November Glacier Campground Entrance Road, 1; and all park areas within 350 meters (383 (b) Bicycles or other wheeled devices. yards) of the centerline of the Exit Gla- § 13.1310 Pets. cier Road; (2) From Exit Glacier Campground (a) Pets are prohibited— Entrance Road to the end of the main (1) In the Exit Glacier Developed Area except in the parking lot, on the paved trail, all park areas within 500 Exit Glacier road, or other areas des- meters (546 yards) of any paved surface; ignated by the superintendent; or (2) Along the coast within the area (3) All park areas within 300 meters extending from the mean high tide line (328 yards) of the terminus of Exit Gla- to one quarter mile inland after May 30 cier. and before November 1. (b) The restrictions in this section do § 13.1320 Camping. not apply to dogs when sufficient snow Within the EGDA, camping is prohib- exists for skiing or dog sled use and the ited except in designated sites within dogs are restrained as part of a sled dog the Exit Glacier Campground, or as au- team or for the purposes of skijoring. thorized by the Superintendent. § 13.1312 Climbing and walking on Exit Glacier. § 13.1322 Food storage. Except for areas designated by the Cooking, consuming, storing or pre- Superintendent, climbing or walking paring food in the Exit Glacier Camp- on, in, or under Exit Glacier is prohib- ground is prohibited except in des- ited within 1⁄2 mile of the glacial ter- ignated areas.

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§ 13.1324 Bicycles. standing with the State of Alaska. The Within the EGDA, the use of a bicy- prohibition on carrying, possession, cle is prohibited except on the Exit and use of weapons, traps, and nets in Glacier Road and parking areas. this chapter does not apply to the lawful taking of wildlife on these State- § 13.1326 Snowmachines. owned lands and waters. The use of snowmachines is prohibited within the EGDA, except— Subpart R—Special Regulations— (a) On Exit Glacier Road; Kobuk Valley National Park (b) In parking areas; (c) On a designated route through the § 13.1502 Subsistence resident zone. Exit Glacier Campground to Exit The following area is included within Creek; the resident zone for Kobuk Valley Na- (d) Within Exit Creek; and tional Park: The NANA Region. (e) For NPS administrative activities. § 13.1504 Customary trade. In addition to the exchange of furs § 13.1328 EGDA closures and restric- for cash, ‘‘customary trade’’ in Kobuk tions. Valley National Park shall include the The Superintendent may prohibit or selling of handicraft articles made otherwise restrict activities in the from plant material taken by local EGDA to protect public health, safety, rural residents of the park area. or park resources, or to provide for the equitable and orderly use of park fa- Subpart S—Special Regulations— cilities. Information on closures and Lake Clark National Park and restrictions will be available at the Preserve park visitor information center. Vio- lating closures or restrictions is pro- § 13.1602 Subsistence resident zone. hibited. The following communities and areas are included within the resident zone Subpart Q—Special Regulations— for Lake Clark National Park: Iliamna, Klondike Gold Rush National Lime Village, Newhalen, Nondalton, Historical Park Pedro Bay, and Port Alsworth.

§ 13.1402 Camping. § 13.1604 Solid waste disposal. (a) Camping is permitted only in des- (a) A solid waste disposal site may ignated areas. accept non-National Park Service solid (b) Camping without a permit is pro- waste generated within the boundaries hibited. The Superintendent may es- of the park area. tablish permit terms and conditions. (b) A solid waste disposal site may be Failure to comply with permit terms located within one mile of facilities as and conditions is prohibited. defined by this part so long as it does (c) Camping at Dyea campground not degrade natural or cultural re- more than 14 days in a calendar year is sources of the park area. prohibited. (c) A transfer station located wholly on nonfederal lands within Lake Clark § 13.1404 Preservation of natural, cul- National Park and Preserve may be op- tural, and archaeological resources. erated without the permit required by The Superintendent may allow the §§ 6.4(b) and 6.9(a) only if: gathering of mushrooms in accordance (1) The solid waste is generated with- with § 2.1(c) of this chapter. in the boundaries of the park area; (2) The Regional Director determines § 13.1406 State lands. that the operation will not degrade any The National Park Service admin- of the natural or cultural resources of isters certain state-owned lands and the park area; and waters within the boundary of Klon- (3) The transfer station complies dike Gold Rush National Historical with the provisions of part 6 of this Park under a memorandum of under- chapter.

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(d) For purposes of this section, a able to agree on a boundary within two transfer station means a public use fa- years, the boundary of the area or com- cility for the deposit and temporary munity added will be the boundary of storage of solid waste, excluding a fa- the Census Designated Place, or other cility for the storage of a regulated area designation, used by the Alaska hazardous waste. Department of Labor for census purposes for that community or area. Cop- [73 FR 3187, Jan. 17, 2008] ies of the boundary map will be available in the park headquarters office. Subpart T—Special Regulations— (c) Subsistence aircraft exemption. In Noatak National Preserve [Re- extraordinary cases where no reason- served] able alternative exists local rural residents who permanently reside in the Subpart U—Special Regulations— following exempted community(ies) Sitka National Historical Park may use aircraft for access to lands and waters within the park for subsist- § 13.1802 Prohibited activities. ence purposes in accordance with a per- The following activities are prohib- mit issued by the Superintendent: Yak- ited in Sitka National Historical utat (for access to the Malaspina Park— Forelands Area only). (a) Camping. § 13.1904 Kennecott Mines National (b) Riding a bicycle, except in the Historic Landmark (KNHL). public parking areas and on routes designated by the Superintendent. Routes A map showing the boundaries of the may only be designated for bicycle use KNHL is available at the park visitor based on a written determination that center. The following activities are such use is consistent with the pur- prohibited within the KNHL— poses for which the park was estab- (a) Entering closed structures or lished. passing beyond barricades; (c) The use of roller skates, (b) Entering mine tunnels and other skateboards, roller skis, in-line skates, mine openings; and other similar devices. (c) Camping in or on any historic structure; and (d) Camping within the mill site of Subpart V—Special Regulations— the KNHL. The mill site consists of the Wrangell-St. Elias National collection of buildings clustered Park and Preserve around the mill building on both sides of National Creek. For purposes of this § 13.1902 Subsistence. subpart, the mill site is the area (a) Subsistence resident zone commu- bounded by Bonanza Creek to the nities. The following communities and north, the Kennicott Glacier to the areas are included within the resident west, the 2,200 foot contour line to the zone for Wrangell-St. Elias National east, and Sweet Creek to the south. Park: Chisana, Chistochina, Chitina, The mill site is depicted on a map Copper Center, Dot Lake, Gakona, available at the park visitor center; Gakona Junction, Glennallen, and Gulkana, Healy Lake, Kenny Lake, (e) Lighting or maintaining a fire Lower Tonsina, McCarthy, Mentasta within the mill site as defined in para- Lake, Nabesna, Northway/Northway graph (d) of this section. Village/Northway Junction, Slana, Tanacross, Tazlina, Tetlin, Tok, § 13.1906 Headquarters/Visitor Center Tonsina, and Yakutat. Developed Area (HVCDA). (b) Subsistence resident zone bound- For purposes of this subpart, the aries. Boundaries for communities and HVCDA consists of all park areas with- areas added to the park resident zone in a 1⁄2 mile radius of the Wrangell-St. will be determined by the Super- Elias National Park and Preserve intendent after consultation with the Headquarters building, other than the affected area or community. If the Su- Valdez Trail. The following activities perintendent and community are not are prohibited within the HVCDA:

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(a) Lighting or maintaining a fire; cility for the storage of a regulated (b) Camping; hazardous waste. (c) Entering the area after visiting [73 FR 3187, Jan. 17, 2008] hours (visiting hours will be posted at the entrance gate). Subpart W—Special Regulations— § 13.1908 Slana Developed Area (SDA). Yukon Charley Rivers National Preserve [Reserved] For purposes of this subpart, the Slana Developed Area consists of all PART 14—RIGHTS-OF-WAY park areas within a 1⁄4 mile radius of the Slana Ranger Station. Subpart A—Rights-of-Way: General § 13.1910 KNHL and developed area Sec. closures and restrictions. 14.1 Applicability. The Superintendent may prohibit or 14.2 Definitions. otherwise restrict activities in the KNHL, Headquarters/Visitor Center Subpart B—Nature of Interest Developed Area, and Slana Developed 14.5 Nature of interest granted; settlement Area to protect public health and safe- on right-of-way; rights of ingress and ty or park resources. Information on egress. closures and restrictions will be avail- 14.6 In form of easement, license, or permit. able at the park visitor center. Vio- 14.7 Right of ingress and egress to a pri- lating these closures or restrictions is mary right-of-way. 14.8 Unauthorized occupancy. prohibited. Notwithstanding the provi- 14.9 Terms and conditions. sions of this subpart, the Super- 14.10 Areas of National Park System. intendent may issue a Special Use Per- mit to authorize uses in the KNHL and Subpart C—Procedures either developed area. 14.20 Application. § 13.1912 Solid waste disposal. 14.21 Form. 14.22 Reimbursement of costs. (a) A solid waste disposal site may 14.23 Showing as to organizations required accept non-National Park Service solid of corporations. waste generated within the boundaries 14.24 Showing as to citizenship required. of the park area. 14.25 Documents which must accompany application. (b) A solid waste disposal site may be 14.26 Payment required; exceptions; default; located within one mile of facilities as revision of charges. defined by this part so long as it does 14.27 Application and use procedure. not degrade natural or cultural re- 14.28 Incomplete application and reports. sources of the park area. 14.29 Timely construction. (c) A transfer station located wholly 14.30 Nonconstruction, abandonment or on nonfederal lands within Wrangell- nonuse. 14.31 Deviation from approved right-of-way. St. Elias National Park and Preserve 14.32 Revocation or cancellation. may be operated without the permit re- 14.33 Order of cancellation. quired by §§ 6.4(b) and 6.9(a) only if: 14.34 Change in jurisdiction over lands. (1) The solid waste is generated with- 14.35 Transfer of right-of-way. in the boundaries of the park area; 14.36 Method of filing. (2) The Regional Director determines 14.37 Reimbursement of costs. that the operation will not degrade any 14.38 Disposal of property on termination of right-of-way. of the natural or cultural resources of the park area; and Subpart D—Under Title 23, U.S.C. (Interstate (3) The transfer station complies and Defense Highway System) with the provisions of part 6 of this chapter. 14.50 Authority. 14.51 Extent of grant. (d) For purposes of this section, a 14.52 Termination of right-of-way no longer transfer station means a public use fa- needed. cility for the deposit and temporary 14.53 Application. storage of solid waste, excluding a fa- 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 § 14.5 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 regulations 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 permit 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 hereunder 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 actions thereunder, with respect to the cordance with such instructions as the occupancy and use of the lands as may superintendent may specify. be found by the National Park Service (c) To take such soil and resource to be necessary as a condition to the 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 addresses of its principal officers. § 14.20 Application. (k) That in the construction, operation, 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 utilization, 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 inafter 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 thereof. 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 parasites, 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, association, 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 a nominal voltage tive born or naturalized, and, if natu- of less than 33 kV. map scales may at ralized, the date of naturalization, the option of the applicant be 5,280 feet to court in which naturalized, and the the inch. number of the certificate, if known. If (2) Courses and distances of the cen- citizenship is claimed by virtue of nat- ter line of the right-of-way or traverse uralization of the father, evidence of line of the reservoir should be given; his naturalization, and that the appli- the courses referred to the true merid- cant resided in the United States ian either by deflection from a line of thereafter while a minor, should be fur- known bearing or by independent ob- nished. Where the husband and the wife servation, and the distances in feet and are native born and a statement to decimals thereof. Station numbers that effect is made, additional informa- with plus distances at deflection points tion as to the marital status is not re- on the traverse line should be shown. quired. In other cases, a married (3) The initial and terminal points of woman or widow must show the date of the survey should be accurately con- her marriage; a widow must show, in nected by course and distance to the addition, the date of the death of her nearest corner of the public-land sur- husband. veys, unless that corner is more than 6 (b) Association of Individuals. An ap- miles distant, in which case the con- plication by an association, including a nection will be made to some promi- partnership, must be accompanied by a nent natural object or permanent

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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 regulations 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 authorized 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 system 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 termination of right-of-way. the administration of such lands or interests 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 applicant 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 authorized 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 therefor the additional right-of-way. under and not to exceed 50 feet on each side of the marginal limits thereof, or § 14.60 General. not to exceed 50 feet on each side of the No application under the regulations center line of such pipe lines, telephone of this part is required for a right-of- and telegraph lines, and transmission way within the limits of a highway lines, by any citizen, association, or right-of-way granted pursuant to Title corporation of the United States, 23, United States Code, for facilities where it is intended by such to exercise usual to a highway, except (a) where the use permitted under the Act. terms of the grant or a provision of law (b) The Act of March 4, 1911 (36 Stat. specifically requires the filing of an ap- 1253; 43 U.S.C. 961), as amended, author- plication for a right-of-way, (b) where izes the head of the department having the right-of-way is for electric trans- jurisdiction over the lands, under gen- mission facilities which are designed eral regulations fixed by him, to grant for operation at a nominal voltage of 33 an easement for rights-of-way for a pe- KV or above or for conversion to such riod not exceeding 50 years, over and operation, or (c) where the right-of-way across public lands and reservations of is for oil or gas pipelines which are the United States, for poles and lines part of a pipeline crossing other public for the transmission and distribution lands, or if not part of such a pipeline, of electrical power, and for poles and which are more than two miles long. lines for communication purposes and When an application is not required for radio, television and other forms of under the provisions of this subpara- communication transmitting, relay

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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 program 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 authorized 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 diagram 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, historical 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 surveys, 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 applicant (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 17.5 Bids. employee of the company who is authorized 17.6 Action at close of bidding. to sign it. However, if it is executed by a per- 17.7 Preference rights. son other than the President, it must be ac- 17.8 Conveyance. companied by a certified copy of the minutes of the Board of Directors meeting or other AUTHORITY: Sec. 5(a), of the Act of July 15, document authorizing such signature unless 1968, 82 Stat. 354, 16 U.S.C. 460l–22(a). such certified copy has already been filed in SOURCE: 42 FR 46302, Sept. 15, 1977, unless the case. otherwise noted. Forms 1 and 2 to be placed on maps. See § 14.25(a)(7). § 17.1 Authority. ENGINEER’S STATEMENT Section 5(a) of the Act of July 15, 1968, 82 Stat. 354, 16 U.S.C. 4601–22(a), (FORM 1) authorizes the Secretary of the Inte- lllll(Name of engineer) states he is by rior, under specified conditions, to con- occupation a lllll(Type of engineer) em- vey a leasehold or freehold interest on ployed by the lllll(Company) to make the survey of the lllll(Kind of works) as federally owned real property acquired described and shown on this map; that the by the Secretary from non-Federal survey of said works made by him (or under sources within any unit of the National his supervision) and under authority, com- Park System except national parks and mencing on the llllll day of those national monuments of scientific lllllll 19ll and ending on the significance. This legislation is re- lllllll day of lllllll, 19ll; ferred to as ‘‘the act’’ in regulations in and that such survey is accurately rep- this part. resented upon this map. llllllllll Engineer § 17.2 Definitions. As used in the regulations in this APPLICANT’S CERTIFICATE part: (FORM 2) (a) Authorized officer shall mean an This is to certify that lllll (Engi- officer or employee of the National neer), who subscribed the statement hereon, Park Service designated to conduct the is the person employed by the undersigned sale or lease and delegated authority to applicant to prepare this map, which has execute all necessary documents, in- been adopted by the applicant as the approx- cluding deeds and leases. imate final location of the works thereby (b) The term unit of the National shown, and that this map is filed as a part of Park System means any area of land or the complete application, and in order that water administered by the Secretary of the applicant may obtain the benefits of lllll(Cite statute); and I further certify the Interior through the National Park that the right-of-way herein described is de- Service for park, monument, historic, sired for parkway, recreational, or other pur- (state purpose) lllllllllllllll poses. (Seal) (c) The term national park means any llllllllllllllllllllllll unit of the National Park System the Signature of Applicant organic act of which declares it to be a llllllllllllllllllllllll Title ‘‘national park.’’ llllllllllllllllllllllll (d) The term national monument of sci- Company entific significance means a unit of the Attest: National Park System designated as a national monument by statute or proc- PART 17—CONVEYANCE OF FREE- lamation for the purpose of preserving HOLD AND LEASEHOLD INTERESTS landmarks, structures, or objects of ON LANDS OF THE NATIONAL scientific interest. (e) The term person includes but is PARK SYSTEM not necessarily limited to an individual partnership, corporation, or as- Sec. 17.1 Authority. sociation. 17.2 Definitions. (f) The term freehold interest means 17.3 Lands subject to disposition. an estate in real property of permanent 17.4 Notice. or of indefinite duration.

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(g) The term leasehold interest means than 30 nor more than 120 days of the an estate in real property for a fixed date for bid opening. The notice shall 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 inconsistent 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

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costs of publication and of processing owner or owners of record by certified of bids will also be included with the mail at their present or last known ad- 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 be by drawing. Bids will be opened at If within 30 days of mailing of such no- the time and place specified in the notification, the former owner or owners tice. Bidders, their agents or represent- do not indicate a desire to acquire the atives, and any other persons may at- interest and make payment or agree to tend the bid opening. No bid in an make payment for such interest in an amount less than the fair market amount equal to the declared high bid, value, as herein defined, shall be con- or, if they do indicate such a desire but sidered. fail to consummate the transaction [42 FR 46302, Sept. 15, 1977, as amended at 61 within the time period established for FR 28508, June 5, 1996] the conveyance, then the bid of the declared high bidder will be accepted. In § 17.6 Action at close of bidding. the event that a former owner who in- The person who is declared by the au- dicates a desire to repurchase pursuant thorized officer to be the high bidder to this procedure fails to consummate shall be bound by his bid and the regu- the transaction within the established lations in this part to complete the time period the declared high bidder purchase in accordance therewith un- shall be permitted, but not required, to less his bid is rejected or he is released consummate the transaction. If the de- therefrom by the authorized officer. clared high bidder does not choose to The declared high bid on property for consummate the transaction in this which a preference right exists will be circumstance, the entire transaction conditionally accepted subject to the will be cancelled, and, if appropriate, a exercise of the preference as described new bidding procedure instituted. below. In the case of a freehold interest, the high bidder must submit the § 17.8 Conveyance. balance of the bid within 45 days of the Conveyance of a leasehold or freehold bid award in the form of a certified interest shall be by lease or deed, as check, post office money order, bank draft, or cashier’s check, made payable appropriate, at the highest bid price, to the United States of America. Fail- but not less than fair market value. All ure to submit the full balance within 45 conveyance of leasehold or freehold in- days will result in the forfeiture of terests shall contain such terms and $1,000 of bid deposit, unless the bidder conditions as the Secretary deems nec- has been released from the bid or an ex- essary to assure use of the property in tension has been granted by the au- a manner consistent with the purpose thorized officer, and the property will for which the area was authorized by be awarded to the next highest bidder Congress. The conveyancing or leasing upon fulfillment of the requirements of document shall contain such provisions this section. and restrictions as may be determined by the Secretary to be necessary to [42 FR 46302, Sept. 15, 1977, as amended at 61 FR 28508, June 5, 1996] protect the natural, historic, cultural or other values present on the lands. § 17.7 Preference rights. All conveyances shall be without war- On any property which has been in ranty. Federal ownership less than two years, the Secretary, in addition to the notice specified in § 17.4, shall inform the last

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PART 18—LEASING OF PROPERTIES building or buildings and their func- IN PARK AREAS tional use and occupancy. (b) Building means an enclosed struc- Sec. ture located within the boundaries of a 18.1 What is the authority and purpose for park area and constructed with walls this part? and a roof to serve a residential, indus- 18.2 What definitions do you need to know trial, commercial, agricultural or to understand this part? other human use. 18.3 What property may be leased? 18.4 What determinations must the Director (c) Commercial use authorization make before leasing property? means a written authorization to pro- 18.5 May property be leased without receiv- vide services to park area visitors ing fair market value rent? issued by the Director pursuant to Sec- 18.6 Are there limitations on the use of tion 418 of Public Law 105–391 and im- property leased under this part? plementing regulations. 18.7 How are lease proposals solicited and selected if the Director issues a Request (d) Concession contract has the mean- for Bids? ing stated in 36 CFR part 51. 18.8 How are lease proposals solicited and (e) Fair market value rent means the selected if the Director issues a Request most probable rent, as of a specific for Proposals? date, in cash or in terms equivalent to 18.9 When may the Director lease property without issuing a request for bids or a re- cash, for which the property to be quest for proposals? leased, under the terms and conditions 18.10 How long can the term of a lease be? of the lease, should rent for its highest 18.11 What general provisions must a lease and best permitted use after reasonable contain? exposure in a competitive market 18.12 What specific provisions must a lease under all conditions requisite to a fair contain? leasing opportunity, with the lessor AUTHORITY: 16 U.S.C. 1 et seq., particularly and the lessee each acting prudently, 16 U.S.C. 1a–2(k), and, 16 U.S.C. 470h–3. knowledgeably, and for self-interest, SOURCE: 66 FR 66759, Dec. 27, 2001, unless and assuming that neither is under otherwise noted. undue duress. Determinations of fair market value rent under this part are § 18.1 What is the authority and pur- to be made taking into account the pose for this part? considerations stated in § 18.5. 16 U.S.C. 1 et seq., particularly 16 (f) Historic building means a building U.S.C. 1a–2(k), and, 16 U.S.C. 470h–3 are or buildings located within the bound- the authorities for this part. These au- aries of a park area if the building is thorities allow the Director (or dele- part of a pre-historic or historic dis- gated officials) to lease certain feder- trict or site included on, or eligible for ally owned or administered property inclusion on, the National Register of located within the boundaries of park Historic Places. areas. All leases to be entered into by (g) Historic land means land located the Director under these authorities within the boundaries of an historic are subject to the requirements of this property. part, except that, proposed leases that were solicited pursuant to this part (h) Historic property means building(s) prior to January 28, 2002, may be exe- and land located within the boundaries cuted in accordance with the terms of of a park area if the building(s) and the solicitation. land are part of a pre-historic or historic district or site included on, or eli- § 18.2 What definitions do you need to gible for inclusion on, the National know to understand this part? Register of Historic Places. In addition to the definitions con- (i) Land means unimproved real prop- tained in 36 CFR Part 1, the following erty. definitions apply to this part: (j) Lease means a written contract (a) Associated property means land entered into under the authority of and/or structures (e.g., parking lots, re- this part through which use and posses- taining walls, walkways, infrastructure sion of property is granted to a person facilities, farm fields) related to a for a specified period of time.

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(k) Non-historic building is a building propriate park protection, interpreta- (or buildings) and its associated prop- tion, visitor enjoyment, or administra- erty located within the boundaries of a tion of the park area; park area but not part of a pre-historic (c) The lease contains such terms and or historic district or site included on, conditions as will assure the leased or eligible for inclusion on, the Na- property will be used for activity and tional Register of Historic Places. in a manner that are consistent with (l) Non-historic land means land lo- the purposes established by law for the cated within the boundaries of a park park area in which the property is lo- area that is not associated property cated; and is not part of a pre-historic or his- (d) The lease is compatible with the toric district or site included on, or eli- programs of the National Park Service; gible for inclusion on, the National (e) The lease is for rent at least equal Register of Historic Places. to the fair market value rent of the (m) Non-historic property means build- leased property as described in § 18.5; ing(s) and/or land that are located (f) The proposed activities under the within the boundaries of a park area lease are not subject to authorization but are not part of a pre-historic or through a concession contract, com- historic district or site included on, or mercial use authorization or similar eligible for inclusion on, the National instrument; and Register of Historic Places. (g) If the lease is to include historic (n) Park area means a unit of the na- property, the lease will adequately in- tional park system. sure the preservation of the historic (o) Property means both historic and property. non-historic property that is located within the boundaries of a park area § 18.5 May property be leased without and is federally owned or administered. receiving fair market value rent? (p) Request for bids refers to the lease Property may be leased under this bid process described in § 18.7. part only if the lease requires payment (q) Request for proposals refers to the of rent to the government equal to or lease proposal process described in higher than the property’s fair market § 18.8. value rent. The determination of fair (r) Responsive bid or proposal means a market value rent shall take into ac- timely submitted bid or proposal that count: meets the material requirements of a (a) Any restrictions on the use of the request for bids or a request for pro- property or terms of the lease that posals. limit the value and/or the highest and best use of the property; and § 18.3 What property may be leased? (b) Any requirements under the lease (a) In general. The Director may lease for the lessee to restore, rehabilitate or any property (except non-historic land) otherwise improve the leased property. under this part if the Director makes the determinations required by § 18.4. § 18.6 Are there limitations on the use (b) Non-historic land. Non-historic of property leased under this part? land may not be leased under this part. (a) A lease issued under this part Certain non-historic land is eligible for may authorize the use of the leased leasing under 36 CFR part 17. property for any lawful purpose, subject to the determinations required by § 18.4 What determinations must the § 18.4 and the limitations on activities Director make before leasing prop- set forth in paragraph (b) of this sec- erty? tion. Before leasing property in a park (b) Unless otherwise authorized by area under this part, the Director must law, a lease issued under this part may determine that: not authorize the lessee to engage in (a) The lease will not result in deg- activities that are subject to author- radation of the purposes and values of ization through a concession contract, the park area; commercial use authorization or simi- (b) The lease will not deprive the lar instrument. Proposed lease activi- park area of property necessary for ap- ties are subject to authorization under

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a concession contract if the Director which the bidder shall write: ‘‘Bid on determines in accordance with 36 CFR lease of property of the National Park part 51 and park area planning docu- Service’’ and shall note the date the ments and related guidelines and poli- bids are to be opened. cies that the proposed activities meet (c) Bids will be opened publicly by applicable requirements for issuance of the Director at a time and place speci- a concession contract. Proposed activi- fied in the public notice. Bidders or ties are subject to authorization under their representatives may attend the a commercial use authorization if the bid opening. The bidder submitting a Director determines in accordance with responsive bid offering the highest rent park area planning documents and re- will be selected for award of the lease lated guidelines and policies that the (subject to a determination of financial proposed activities meet applicable re- capability by the Director). A respon- quirements for issuance of a commer- sive bid is a bid that meets the mate- cial use authorization. rial terms and conditions of the request for bids. The Director shall ac- § 18.7 How are lease proposals solic- cept no bid in an amount less than the ited and selected if the Director fair market rental value as determined issues a Request for Bids? by the Director. If two or more bids are (a) If the amount of the rent is the equal, a drawing shall make the lease only criterion for award of a lease, the award by lot limited to the equal re- Director may solicit bids through sponsive bids received. issuance of a request for bids as de- (d) When a property is to be leased scribed in this section. If historic prop- through a request for bids, the bidder erty is to be leased under the authority that is declared by the Director to be of this section, the Director must com- the high bidder shall be bound by his ply with 36 CFR part 800 (commenting bid and this part to execute the offered procedures of the Advisory Council on lease, unless the bid is rejected. If the Historic Preservation) at an appro- declared high bidder fails to enter into priate time during the leasing process. the lease for any reason, the Director (b) A request for bids under this sec- may choose to enter into the lease with tion shall be advertised by public no- the next highest bidder (if that bidder tice published at least twice in local offered to pay at least the fair market and/or national newspapers of general rent value). The Director may reject circulation. The notice shall provide at any and all bids in his discretion and least a thirty (30) day period from the resolicit or cancel a lease solicitation last date of publication for the submis- under this part at any time without li- sion of sealed bids. The notice will pro- ability to any person. vide necessary information to prospective bidders. It may specify a minimum § 18.8 How are lease proposals solic- rent and/or require submission of a ited and selected if the Director rent deposit or advance rent payment. issues a Request for Proposals? Bids will be considered only if timely (a) When the award of a lease is to be received at the place designated in the based on selection criteria in addition request. Bids must be in the form spec- to or other than the amount of the ified by the Director, or, if no form is rent, the Director must, subject to specified, a bid must be in writing, § 18.9, solicit proposals for the lease signed by the bidder or authorized rep- through issuance of a public Request resentative, state the amount of the for Proposals (RFP). bid, and refer to the applicable public (b) An RFP may be preceded by notice. If the notice requires submis- issuance of a public Request for Quali- sion of a rent deposit or advance rent fications (RFQ). The purpose of an RFQ payment, the bids must include the re- is to select a ‘‘short list’’ of potential quired funds in the form of a certified offerors that meet minimum manage- check, post office money order, bank ment, financial and other qualifica- drafts, or cashier’s checks made out to tions necessary for submission of a pro- the United States of America. The bid posal in response to an RFP. If the Di- (and payment where applicable) must rector issues an RFQ, only persons de- be enclosed in a sealed envelope upon termined as qualified by the Director

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under the terms of the RFQ shall be el- (i) The compatibility of the pro- igible to submit a proposal under the posal’s intended use of the leased prop- related RFP. erty with respect to preservation, pro- (c) The Director must provide public tection, and visitor enjoyment of the notice of the leasing opportunity by park; publication at least twice in local and/ (ii) The financial capability of the of- or national newspapers of general cir- feror to carry out the terms of the culation and/or through publication in lease; the Commerce Business Daily. The (iii) The experience of the offeror public notice shall contain general in- demonstrating the managerial capa- formation about the leasing oppor- bility to carry out the terms of the tunity and advise interested persons lease; how to obtain a copy of the RFP (or (iv) The ability and commitment of RFQ where applicable). The RFP (and the offeror to conduct its activities in RFQ where applicable) shall contain the park area in an environmentally appropriate information about the enhancing manner through, among property proposed for lease, including other programs and actions, energy limitations on the uses of the property conservation, waste reduction, and re- to be leased, information concerning cycling; and the leasing process, information and (v) Any other criteria the RFP may materials that must be contained in a specify. proposal, the time and place for sub- (2) If the property to be leased is an mission of proposals, terms and condi- historic property, the compatibility of tions of the lease, and the criteria the proposal with the historic qualities under which the Director will evaluate of the property shall be an additional proposals. The RFP may state the fair selection criterion. If the RFP requires market value rent as the minimum ac- proposals to include the amount of rent ceptable rent if determined by the Di- offered, the amount of rent offered also rector at that time. The RFP (and RFQ shall be an additional selection cri- where applicable) must allow at least terion. sixty (60) days for submission of pro- (f) The Director will evaluate all re- posals (or qualifications under an RFQ) sponsive proposals received. The re- unless a shorter period of time is deter- sponsive proposal determined by the mined to be sufficient in the cir- Director to best meet on an overall cumstances of a particular solicitation. basis the evaluation criteria will be se- (d) The Director may determine that lected for negotiation of the lease. If a proposal is non-responsive and not two or more responsive proposals are consider it further. A non-responsive determined by the Director to be sub- proposal is a proposal that was not stantially equal under the evaluation timely submitted or fails to meet the criteria, the Director shall provide an material terms and conditions of the opportunity for those proposals to be RFP. After the submission of offers and amended by their offerors as necessary prior to the selection of the best over- for the Director to select the best all proposal, the Director may request amended proposal. In such cir- from any offeror additional informa- cumstances, the Director will provide tion or written clarification of a pro- each offeror that submitted a substan- posal, provided that proposals may not tially equal proposal appropriate infor- be amended after the submission date mation as to how their proposals may unless all offerors that submitted re- be amended in order to enhance the sponsive proposals are given an oppor- possibility of selection as the best tunity to amend their proposals. The amended proposal. If two or more pro- Director may choose to reject all proposals remain as substantially equal posals received at any time and re- after amendment, the Director will se- solicit or cancel a solicitation under lect for negotiation of the lease from this part without liability to any per- among these proposals the proposal son. that the Director determines on an (e) (1) The criteria to be used in se- overall basis will be most beneficial to lection of the best proposal are: effective management of the park area.

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(g) The Director will provide the of- under the authority of this section, the feror that submitted the best overall Director must comply with 36 CFR part responsive proposal as determined by 800 (commenting procedures of the Ad- the Director a specified period of time visory Council on Historic Preserva- to negotiate the final terms of the tion) before entering into the lease. lease (and may enter into a letter of intent to negotiate in this connection). § 18.10 How long can the term of a The final terms of the lease must be lease be? consistent with the requirements of All leases entered into under this the RFP. If the negotiations do not re- part shall have as short a term as pos- sult in an executed lease within the sible, taking into account the financial specified time period, the Director, in obligations of the lessee and other fac- his discretion, may extend the negotiation period, terminate negotiations and tors related to determining an appro- negotiate with the offeror that sub- priate lease term. No lease shall have a mitted the next best responsive pro- term of more than 60 years. Leases en- posal, or, cancel the solicitation. tered under the authority of this part (h) RFPs may state that the amount may not be extended, except that, of rent to be paid will be negotiated leases with an initial term of one (1) subsequently with the offeror that sub- year or more may be extended once for mitted the best proposal, initially or as a period not to exceed one (1) addi- amended. The Director may execute a tional year if the Director determines lease only if the Director determines that an extension is necessary because that it requires the lessee to pay at of circumstances beyond the Director’s least the fair market value rent of the control. leased property. (i) The Director may execute a lease § 18.11 What general provisions must a that includes historic property only lease contain? after complying with 36 CFR part 800 All leases entered into under this (commenting procedures of the Advi- part must contain terms and condi- sory Council on Historic Preservation). tions that are determined necessary by the Director to assure use of the leased § 18.9 When may the Director lease property without issuing a request property in a manner consistent with for bids or a request for proposals? the purposes of the applicable park area as established by law, and where The Director, except as provided in this section, may not lease property applicable, to assure the preservation without issuing a request for bids or a of historic property. request for proposals in compliance with § 18.7 or § 18.8. The Director under § 18.12 What specific provisions must a lease contain? this part may enter into leases with non-profit organizations (recognized as All leases entered into under this such by the Internal Revenue Service) part must contain: or units of government without com- (a) A termination for cause or default plying with §§ 18.7 or 18.8 if the Director provision; determines that the non-profit or gov- (b) Appropriate provisions requiring ernmental use of the property will con- the lessee to maintain the leased prop- tribute to the purposes and programs erty in good condition throughout the of the park area. All other require- term of the lease; ments of this part are applicable to (c) Appropriate provisions stating leases entered into or to be entered that subletting of a portion of the into under authority of this section. leased property and assignment of a The Director may enter into leases lease, if permissible under the terms of under this part with a term of sixty the lease, must be subject to the Direc- (60) days or less without complying with §§ 18.7 or 18.8 if the Director deter- tor’s written approval. Such subleases mines that to do so is in the best inter- and assignments shall be approved only ests of the administration of the park of the Director determines, among area. If historic land is to be leased

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other relevant matters, that the pro- state, or local agencies applicable to posed sub-lessee or assignee is finan- the leased property or to lessee activi- cially and managerially capable of car- ties; rying out the terms of the lease. As- (h) Appropriate provisions stating signment of a lease for the purpose of that the lessee has no rights of renewal effectuating an encumbrance to the of the lease or to the award of a new lease or the leased property is subject lease upon lease termination or expira- to approval pursuant to the require- tion and that the lease is subject to ments of paragraph (l) of this section; cancellation by the Director in the ex- (d) Appropriate provisions requiring ercise of the sovereign authority of the the lessee to secure and maintain from United States to the extent provided responsible companies liability insur- by applicable law; ance sufficient to cover losses con- (i) Appropriate provisions stating nected with or occasioned by the use that the lessee may not construct new and activities authorized by the lease. Types and amounts of insurance cov- buildings or structures on leased prop- erage will be specified in writing and erty, provided that, a lease may con- periodically reviewed by the Director; tain appropriate provisions that au- (e) Appropriate provisions, unless the thorize the lessee to construct, subject Director determines otherwise in the to the prior written approval of the Di- circumstances of a particular lease, re- rector, minor additions, buildings and/ quiring the lessee to obtain from re- or structures determined by the Direc- sponsible companies casualty insur- tor to be necessary for support of the ance (including flood insurance if ap- authorized activities of the lessee and plicable) in an amount sufficient to otherwise to be consistent with the protect the interests of the lessee and protection and purposes of the park the government. In the event of cas- area. Approval by the Director of new ualty, the lessee shall be required to construction may only be granted if repair or replace damaged or destroyed the Director makes the determinations property unless otherwise determined required by § 18.4; by the Director; (j) Appropriate provisions requiring (f) Appropriate provisions requiring that: the lessee to save, hold harmless, and (1) Any improvements to or demoli- indemnify the United States of Amer- tion of leased property to be made by ica and its agents and employees for all the lessee may be undertaken only losses, damages, or judgments and ex- with written approval from the Direc- penses resulting from personal injury, tor; death or property damage of any na- (2) That any improvements to or ture arising out of the lessee’s activi- demolition of historic property may ties under the lease, and/or the activi- only be approved if the Director deter- ties of the lessee’s employees, sub- mines that the improvements or demo- contractors, sub-lessees, or agents. No lition complies with the Secretary of lease entered into this part may con- the Interior’s Standards for the Treat- tain provisions intended to provide in- demnification or other assurances to ment of Historic Properties (36 CFR the lessee regarding the conduct or ac- part 68); and tivities of the Director concerning the (3) Any improvements made by a les- lease or the administration of the ap- see shall be the property of the United plicable park area. Leases may contain States; appropriate provisions that commit the (k) Appropriate provisions that de- Director to accept responsibility for scribe and limit the type of activities tortious actions of government offi- that may be conducted by the lessee on cials to the extent authorized by the the leased property. The types of ac- Federal Torts Claim Act or as other- tivities described in a lease may be wise expressly authorized by law; modified from time to time with the (g) Appropriate provisions requiring approval of the Director through an the lessee to pay for use of all utilities amendment to the lease. The Director used by the lessee and to pay all taxes may approve modified activities only if and assessments imposed by federal, the determinations required by § 18.4

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remain valid under the proposed modi- (a) Park means Isle Royale National fied activities and the proposed activi- Park. ties are otherwise determined appro- (b) Permittee includes all persons en- priate by the Director; gaged in commercial fishing from bases (l) Appropriate provisions, unless the in the Park, except those life lessees Director determines not to permit who were engaged in such occupation pledges or encumbrances in the cir- at the date of the issuance of their cumstances of a particular lease, au- leases. thorizing the lessee to pledge or encumber the lease as security, provided [24 FR 11055, Dec. 30, 1959, as amended at 60 that any pledge or encumbrance of the FR 55791, Nov. 3, 1995; 62 FR 30235, June 3, 1997] lease and the proposed holder of the pledge or encumbrance must be ap- § 20.2 Permits; conditions. proved in writing in advance by the Di- rector and that a pledge or encum- Annual, revocable special use per- brance may only grant the holder the mits authorizing the use of Govern- right, in the event of a foreclosure, to ment-owned structures and facilities in assume the responsibilities of the les- the Park as bases for commercial fish- see under the lease or to select a new ing in the waters contiguous to the lessee subject to the approval of the Di- Park may be granted by the Director of rector. Pledges or encumbrances may the National Park Service, or the Re- not grant the holder the right to alter gional Director if authorized by the Di- or amend in any manner the terms of rector, to bona fide commercial fisher- the lease; men, where such structures and facili- (m) Appropriate provisions stating ties were used for this purpose during that fulfillment of any obligations of the period from April 1, 1937, to Decem- the government under the lease is sub- ber 31, 1939, inclusive, subject to the ject to the availability of appropriated following conditions. funds. No lease issued under authority (a) Permittees will be required to pay of this part shall entitle the lessee to an annual fee as set forth in part 6 of claim benefits under the Uniform Relo- this chapter. cation Assistance Act of 1970 (Public (b) Permittees shall personally reside Law 91–646) and all leases entered into at their Park bases during the fishing under the authority of this part shall season. require the lessee to waive any such (c) Permittees shall secure and pos- benefits; and sess at all times such commercial fish- (n) Appropriate provisions granting ing license as may be required by the the Director and the Comptroller Gen- State of Michigan. eral access to the records of the lessee (d) Permittees shall comply with all as necessary for lease administration Michigan laws, and related regulations purposes and/or as provided by applica- prescribed by the Michigan Depart- ble law. ment of Conservation, governing commercial fishing in the waters contig- PART 20—ISLE ROYALE NATIONAL uous to the Park. PARK; COMMERCIAL FISHING (e) Permittees shall use the bases covered by the permit for commercial Sec. fishing only. No permittee shall furnish 20.1 Definitions. boat or guide service to the public un- 20.2 Permits; conditions. less expressly authorized to do so by 20.3 Maximum number of permittees. the Secretary or the Director. 20.4 Revocation of permits; appeal. (f) Permittees shall maintain at their AUTHORITY: Secs. 1–3, 39 Stat. 535, as own expense, in accordance with rea- amended, sec. 3, 56 Stat. 133, secs. 1, 2, 67 sonable standards of repair, safety, and Stat. 495, 496; 16 U.S.C. 1, 1b, 1c, 2, 3, 408k. sanitation, all Government-owned SOURCE: 24 FR 11055, Dec. 30, 1959, unless structures and facilities embraced in otherwise noted. the permits. (g) The size, type and location of nets § 20.1 Definitions. and gear and the number of men en- As used in this part: gaged in the operation of the fishing

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base of the permittee shall be pre- SOURCE: 44 FR 2577, Jan. 12, 1979, unless scribed in the permit. Only nets and otherwise noted. gear approved by the Michigan Depart- ment of Conservation shall be used. § 21.1 Definitions. When used in the regulations in this § 20.3 Maximum number of permittees. part: Commercial fishermen to whom the (a) The term physician means doctor annual revocable permits may be of medicine or osteopathy who is li- granted shall not exceed the maximum censed to practice by a State or terri- number of persons conducting commer- tory of the United States. cial fishing operations from bases in (b) The term registered physician the area comprising the Park at any means a physician registered at the of- one time during the period from April 1, 1937 to December 31, 1939, inclusive. fice of the Superintendent as authorized 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 any Federal statute or the provisions Superintendent to perform or render of these or any other regulations of the special services in a bathhouse. Secretary, relating to the Park. A per- (d) The term bathhouse means any fa- mittee, however, shall have the right cility which is operated by an indi- to appeal to the Director, Office of vidual, trustee, partnership, corpora- Hearings and Appeals, from a decision tion, or business entity and which re- of the Director of the National Park ceives thermal water from Hot Springs Service revoking his permit. Any such National Park. appeal shall comply with the general rules set forth in Department Hearings [44 FR 2577, Jan. 12, 1979, as amended at 62 and Appeals Procedures, 43 CFR part 4, FR 30235, June 3, 1997] subpart B, and the special procedural rules in subpart G of 43 CFR part 4, ap- § 21.2 Penalties. plicable to proceedings in appeals cases Any person convicted of violating which do not lie within the appellate any provision of the regulations con- jurisdiction of an established Appeals tained in this part, or as the same may Board of the Office of Hearings and Ap- be amended or supplemented, shall be peals. punished by a fine not exceeding $100 [36 FR 7184, Apr. 15, 1971] and shall be adjudged to pay all costs of the proceedings. PART 21—HOT SPRINGS NATIONAL PARK; BATHHOUSE REGULATIONS § 21.3 Use of thermal water. (a) The use of the thermal waters of Sec. Hot Springs National Park, for pur- 21.1 Definitions. poses other than those authorized by 21.2 Penalties. the Superintendent, is prohibited. 21.3 Use of thermal water. 21.4 Registration of physicians. (b) The heating, reheating, or other- 21.5 Therapeutic bathing requirements. wise increasing the temperature of the 21.6 Use of therapeutic pools. thermal waters of Hot Springs Na- 21.7 Health examinations. tional Park is prohibited. 21.8 Employee certification. 21.9 Solicitation by employees. (c) The introduction of any sub- 21.10 Losses. stance, chemical, or other material or 21.11 Redemption of bath tickets. solution into the thermal waters of Hot 21.12 Loss of bath tickets. Springs National Park, except as may AUTHORITY: Sec. 3, Act of August 25, 1916, be prescribed by a physician for a bath- 39 Stat. 535, as amended (16 U.S.C. 3); sec. 3, er or as may be directed by the Super- Act of March 3, 1891, 26 Stat. 842, as amended intendent, is prohibited. (16 U.S.C. 363).

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§ 21.4 Registration of physicians. nicians will be certified by the Super- intendent upon completion of an Physicians desiring to prescribe the examination. thermal waters of Hot Springs Na- (c) Employees engaged as masseurs tional Park must first be registered at or masseuses must be licensed or cer- the office of the Superintendent. Any tified by a State or territory of the physician may make application for United States, or be certified by the registration to the Superintendent. To Superintendent upon the completion of maintain registered status, reapplica- an examination. tion is required triannually. (d) Employees engaged as bath at- § 21.5 Therapeutic bathing require- tendants will be certified by the Super- ments. intendent upon completion of an apprenticeship and an examination. Baths shall be administered to persons having a prescription from a reg- § 21.9 Solicitation by employees. istered physician with prescription in- Soliciting by employees for any pur- structions therein. Baths shall be ad- pose, including soliciting for gratu- ministered to person who do not have ities, commonly called ‘‘tips,’’ is pro- prescriptions from registered physi- hibited in all bathhouses. cians only if the bath is administered in accordance with the bath directions § 21.10 Losses. prescribed by the Superintendent, the violation of which is not subject to the A bathhouse receiving deposits of penalty provisions of § 21.2. jewelry, money, or other valuables from patrons shall provide means for § 21.6 Use of therapeutic pools. the safekeeping thereof, satisfactory to the Superintendent. It is understood, Persons undergoing medical treat- however, that the Government assumes ment may use the therapeutic pools no responsibility for such valuables only upon presenting a prescription de- kept on the premises. All losses must scribing the treatment from a reg- be reported promptly to the Super- istered physician. Persons with acute intendent by the bathhouse manager. or infectious diseases or discharges of the body, or who lack complete control § 21.11 Redemption of bath tickets. of their bodily functions, are prohib- Unused tickets may be redeemed by ited from using the therapeutic pools. the purchaser within one year from the § 21.7 Health examinations. date of purchase, according to the redemption scale approved by the Super- No employee who comes in direct intendent. personal contact with bathers or pool users will be permitted to enter duty § 21.12 Lost bath tickets. without first undergoing a health ex- A patron who loses his ticket may amination, or remain in such employ- continue to receive service, without ad- ment without undergoing periodic ditional charge, for the number of health examinations, as required by units remaining in the ticket. Records the Superintendent, and being found of lost tickets, and of service given free from any infectious or commu- thereunder, shall be maintained as re- nicable disease. quired by the Superintendent. Lost CROSS REFERENCE: For a list of commu- tickets shall have no redemption value. nicable diseases included in the regulations of the United States Public Health Service, see 21 CFR 1240.54. PART 25—NATIONAL MILITARY PARKS; LICENSED GUIDE SERVICE § 21.8 Employee certification. REGULATIONS (a) Employees engaged as physical therapists must be licensed or certified Sec. 25.1 Scope. by a State or territory of the United 25.2 License. States to practice 25.3 Supervision; suspensions. (b) Employees engaged as physical 25.4 Schedule of rates. therapy aids or physical therapy tech- 25.5 Badges and uniforms.

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AUTHORITY: Secs. 1–3, 39 Stat. 535, as the National Park Service, who will amended, sec. 1, 47 Stat. 1420, secs. 1, 2, 67 likewise supervise the marking of ex- Stat. 495, 496; 16 U.S.C. 1, 1b, 1c, 2, 3, 9a E.O. amination papers and the rating of ap- 6166, June 10, 1933. plicants. SOURCE: 24 FR 11060, Dec. 30, 1959, unless (d) The names of applicants who suc- otherwise noted. cessfully pass the examination will be placed on a list of eligibles and selected § 25.1 Scope. in accordance with their relative The regulations in this part are made standing. prescribed and published for the regula- (e) Each person licensed to act as a tion and maintenance of licensed guide full-time guide will be issued a license service at all national military parks in the following form: where such service has been established llllllllllll or hereafter may be authorized in the (Place) discretion of the Secretary of the Inte- llllllllllll rior upon the recommendation of the (Date) Director of the National Park Service. llllllllllll, having successfully passed the examination prescribed for li- § 25.2 License. cense, is hereby licensed to offer his service as a guide to visitors. This license is issued (a) No person shall be permitted to subject to the condition that the licensee offer his services or to act as a guide shall comply with all the rules and regula- unless licensed for that purpose by the tions prescribed for guide service by the Sec- superintendent. Any person desiring to retary of the Interior and with the pre- become a licensed guide shall make ap- scribed schedule of rates, copies of all of plication to the superintendent in writ- which have been furnished to him. This license will be renewed at the expira- ing for authority to take the examination of one year from the date of issue, pro- tion for a license as guide. vided the rules above-mentioned have been (b) Guides shall be of good character, fully complied with and services rendered in good physical condition, honest, in- satisfactorily. telligent, tactful, and of good repute. Failure to act as a guide for any period ex- They must be thoroughly familiar with ceeding 30 days between June 1 and August the history of the events which the 31 automatically suspends this license. Re- newal under these conditions will only be park commemorates and with the loca- made following proper application to and ap- tion of all memorials. It is their duty proval by the park superintendent. During to escort visitors to the various parts other times of heavy visitation, and espe- of the park and point out different his- cially on week ends and holidays, any and all torical features. The story of the guides are subject to call for duty unless ex- guides shall be limited to the historical cused by the park superintendent or his rep- outlines approved by the super- resentative. intendent and shall be free from praise llllllllllll or censure. Superintendent, (c) Examinations will be held at llllllllllll parks where a licensed guide service is National Military Park. authorized, at times to be designated (f) Each person licensed to act as a by the Director of the National Park temporary or part-time guide, during Service, for the purpose of securing a periods of heavy visitation, will be list of eligibles for such service. The issued a license in the following form: examination will consist of an inves- llllllllllll tigation of the character, reputation, (Place) intelligence, and ability of the appli- llllllllllll cants, and of questions designed to test (Date) their knowledge of the history of the llllllllllll, having successfully battle, or features of historical inter- passed the examination prescribed for liest, the markings of the park, the rules cense, is hereby licensed to offer service as a and regulations promulgated for the guide to visitors. This license is issued subject to the condition that the licensee shall government of the park, and the regu- comply with all the rules and regulations lations governing the guide service. Ex- prescribed for guide service by the Secretary amination questions will be prepared of the Interior, copies of which have been under the direction of the Director of furnished to him.

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This license shall continue in effect for a (c) Not to charge an extra fee for operating period of llll days beginning llll un- a visitor’s motor vehicle. less revoked prior to the expiration of such 9. In the event my license should be sus- period for failure to comply with the condi- pended or revoked by the superintendent, to tion set out herein. refrain from offering my services or pursuing the vocation of guide, pending appeal to and llllllllllll Superintendent, decision of the Director of the National Park Service. llllllllllll 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- required to subscribe to the following tion of guide. agreement: 11. While wearing the badge of a guide or any uniform or part of a uniform indicating llllllllllll me to be a guide, I will not act as agent, so- (Place) licitor, representative, or runner for any llllllllllll business or enterprise whatever (except in of- (Date) fering my services as a guide to visitors), nor To Superintendent, llllllll National solicit nor accept from any person, firm, as- Military Park. sociation, or corporation any fee, commis- For and in consideration of the issuance to sion, or gratuity for recommending their me a license to act as guide, I hereby accept goods, wares, or services. and agree to observe fully the following con- (Signed) lllllllllllllllllll ditions: 1. To abide by and observe the laws and all (80 Stat. 383; 5 U.S.C. 553) rules and regulations promulgated for the [24 FR 11060, Dec. 30, 1959, as amended at 30 government of the park and for the regula- FR 8222, June 26, 1965] tion of guide service. 2. In case of difference of opinion as to the § 25.3 Supervision; suspensions. interpretation of any law, rule, or regulation, to accept the decision of the super- (a) The guide service will operate intendent. under the direction of the super- 3. To accord proper respect to the park intendent or his designated representa- rangers in their enforcement of the rules and tive. Records will be kept of the effi- regulations. ciency of the guides and of all matters 4. To require drivers of all vehicles, while under my conduct, to observe the park rules pertaining to the service. and regulations. (b) Superintendents are authorized to 5. To be watchful to prevent damage to, or suspend any guide for violation of the destruction of, park property or acts of van- regulations or for conduct prejudicial dalism affecting monuments, buildings, to the interests of the Government. A fences, or natural features of the park, to re- full report of the facts attending each port any such damage, destruction, or van- suspension will be made to the Director dalism which I may observe to the nearest of the National Park Service. The li- available ranger without delay, and to furnish him with all information in my posses- cense of a guide who has been sus- sion tending to identify the offenders and as- pended indefinitely will not be renewed sist in their apprehension and punishment. without the approval of the Director of 6. To demand of visitors not more than the the National Park Service. authorized fees for guide service and, when employed, to render service to the best of my § 25.4 Schedule of rates. ability. 7. To advise visitors who employ me, in ad- As the conditions of each park differ vance, the length of time needed for a trip with respect to the proper charge for and its cost and, if visitors desire a short- the service rendered to the public, the ened tour, to arrange for such service as may schedule of rates for observance by the suit their convenience. licensed guides at each separate park 8. (a) Not to operate for hire any passenger will be submitted to the Director of the vehicle or other vehicle of any kind, while National Park Service for approval. pursuing the vocation of guide or wearing a The superintendent will prepare guide’s badge or uniform. (b) Not to operate a visitor’s motor vehicle itineraries arranged so as best to ob- unless I hold a valid motor vehicle operator’s serve the different features of the bat- license issued by the State in which the na- tlefield and submit them with rec- tional military park is located. ommendations as to schedule of rates

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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 may be required to adopt a standard seashore in accordance with the pur- uniform, to be procured at their own poses of the said Act. The Secretary expense. shall be given notice of any amendments to approved zoning bylaws that PART 27—CAPE COD NATIONAL affect the Seashore District. Nothing SEASHORE; ZONING STANDARDS in these standards or in the zoning bylaws adopted pursuant thereto for the Sec. area within Cape Cod National Sea- 27.1 General objectives. shore shall preclude the Secretary of 27.2 Commercial and industrial activities. the Interior from fulfilling the respon- 27.3 Seashore District. sibilities vested in him by the Act of 27.4 Variances and exceptions. August 7, 1961, or by the Act of August AUTHORITY: Secs. 1, 5, 75 Stat. 284, 290; 16 25, 1916 (39 Stat. 535), as amended and U.S.C. 459b, 459b–4. supplemented. SOURCE: 27 FR 6714, July 14, 1962, unless (c) Wherever the term ‘‘improved otherwise noted. property’’ is used in this part it shall mean a detached, one-family dwelling, § 27.1 General objectives. the land on which it is situated, and (a) Consistent with the objectives set accessory structures, and as further de- out in section 5 of the Act of August 7, fined in section 4(d) of the Act of Au- 1961 (75 Stat. 284), development and gust 7, 1961 (75 Stat. 284). management of the Cape Cod National Seashore will be conducted in a manner § 27.2 Commercial and industrial ac- which will assure the widest possible tivities. public use, understanding and enjoyment of its natural, cultural and sci- No commercial or industrial districts entific features. The regulations in this may be established within the Cape part are designed and promulgated to Cod National Seashore. establish minimum standards which § 27.3 Seashore District. local zoning bylaws must meet in furtherance of those purposes. (a) Description. The Seashore District (b) The standards hereby established shall include all those portions of the for approval of zoning bylaws or towns of Provincetown, Truro, amendments of zoning bylaws—are in- Wellfleet, Eastham, Orleans and Chat- tended: (1) To contribute to the effect ham lying within the exterior bound- of prohibiting the commercial and in- aries of the Cape Cod National Sea- dustrial use, other than existing com- shore. mercial or industrial use not incon- (b) Zoning bylaws for the Seashore sistent with the purposes of the Act of District shall be consistent with the August 7, 1961 (75 Stat. 284, 291), of all objectives and purposes of the Act of property within the boundaries of the August 7, 1961, so that—to the extent Cape Cod National Seashore and situ- possible under Massachusetts law—the ated in the towns of Provincetown, scenic, scientific and cultural values of Truro, Wellfleet, Eastham, Orleans and the area will be protected, undeveloped Chatham; and (2) to promote preserva- areas will be preserved in a natural tion and development, in accordance condition, and the distinctive Cape Cod

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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 ence for such dwellings or accessory raising of livestock, poultry or fur- structures). bearing animals for commercial pur- (2) If through natural phenomena or poses; and (5) the opening of shellfish, causes a lot or lots are so diminished in the storage and use of fishing equip- size that an owner would be unable to ment, and other traditional fishing ac- comply with the setback or sideline re- tivities. No commercial or industrial quirements herein prescribed, such ventures (other than of the types de- owner or the zoning authorities may, scribed above), may be established as provided in § 27.4(b), request the Sec- within the Seashore District. retary of the Interior to determine whether a proposed move, reconstruc- § 27.4 Variances and exceptions. tion, alteration of enlargement of an (a) Zoning bylaws may provide for existing residential dwelling or acces- variances and exceptions. sory structure would subject the prop- (b) Bylaws adopted pursuant to these erty to acquisition by condemnation. standards shall contain provisions (d) Zoning bylaws adopted pursuant which constitute notice to applicants to this regulation shall contain provi- for variances and exceptions that, sions designed to preserve the seashore under section 5(d) of the Act of August character of the area by appropriate re- 7, 1961, the Secretary of the Interior is strictions or prohibitions upon the authorized to withdraw the suspension burning of cover, cutting of timber, of his authority to acquire, by con- filling of land, removal of soil, loam, demnation, ‘‘improved property’’ that sand or gravel and dumping, storage, or is made the subject of a variance or ex- piling of refuse and other unsightly ob- ception which, in his opinion, fails to jects or other uses which would detract conform or is in any manner opposed to from the natural or traditional sea- or inconsistent with preservation and shore scene. development of the seashore as con- (e) Zoning bylaws for the Seashore templated in the said Act. The Sec- District may permit residential uses of retary may be consulted at any time ‘‘improved property’’ and other uses of by zoning authorities or by the owner such dwellings and their accessory of ‘‘improved property’’ regarding the structures: Provided, Such other uses effect of a proposed variance or excep- are traditional to these seashore com- tion upon the status of the affected munities, are customarily incidental to property with regard to the suspension the principal residential use and do not of the Secretary’s authority to con- alter the essential character of the demn. The Secretary, within 60 days of dwelling and premises as a private resi- the receipt of a request for such deter- dence. Subject to those conditions such mination, or as soon thereafter as is uses may include, but are not limited reasonably possible, shall advise the to: (1) Partial use of dwellings by resi- owner or zoning authorities whether or dents for a professional office (as for not the intended use will subject the the practice of theology, law or medi- property to acquisition by condemna- cine), as an artists’ studio, for appro- tion. priate small scale home occupations as (c) The Secretary shall be promptly the making and selling of traditional notified of the granting of any variance Cape Cod products produced on the or exception.

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PART 28—FIRE ISLAND NATIONAL land National Seashore Act (the Act), SEASHORE: ZONING STANDARDS by means of size, location, or use limitations or restrictions on commercial, Subpart A—General Provisions residential, or other structures with the objective of controlling population Sec. density and protecting the island’s nat- 28.1 Purpose. ural resources; 28.2 Definitions. (2) To limit development and use of 28.3 Boundaries: The Community Develop- ment District; The Dune District; The land to single-family homes, to pro- Seashore District. hibit development and use of multiple 28.4 Severability. family homes, and to prohibit the conversion of structures to multiple fam- Subpart B—Federal Standards and ily homes; Approval of Local Ordinances (3) To prohibit commercial or industrial uses initiated after September 11, 28.10 Permitted and prohibited uses. 28.11 Nonconforming uses. 1964 or the expansion of existing com- 28.12 Development standards. mercial or industrial uses on any prop- 28.13 Variance, commercial and industrial erty within the Seashore which is in- application procedures. consistent with the Federal standards 28.14 Emergency action. and approved local ordinances or the 28.15 Approval of local zoning ordinances. purposes of the Act, is likely to cause a significant harm to the resources of Subpart C—Federal Review and the Seashore or will not provide a serv- Condemnation ice to Fire Island; 28.20 Review by the Superintendent. (4) To recognize that the zoning au- 28.21 Suspension of condemnation authority thorities have the primary responsi- in the communities. bility for zoning enforcement within 28.22 Condemnation authority of the Sec- the Seashore; retary. (5) To provide that private property 28.23 Certificates of suspension of authority for acquisition by condemnation. within the Community Development 28.24 Information collection. District may be retained by its owner as long as it is maintained in accord- AUTHORITY: 16 U.S.C. 1,3,459e–2. ance with approved local ordinances SOURCE: 56 FR 42790, Aug. 29, 1991, unless and the Federal standards; otherwise noted. (6) To provide that, within the Sea- shore District, private ‘‘improved prop- Subpart A—General Provisions erty’’ may be retained by its owner as long as it is maintained in accordance § 28.1 Purpose. with approved local ordinances, and (a) The enabling legislation for Fire the Federal standards; Island National Seashore (the Sea- (7) To provide that, in the Dune Dis- shore) mandated the Secretary of the trict, private undeveloped property, if Interior (the Secretary) to issue regu- otherwise subject to condemnation, lations which provide standards for may be retained by its owner as long as local zoning in order to protect and it is maintained in its natural state; conserve Fire Island. The regulations and in this part set forth Federal standards (8) To provide a mechanism for the to which local ordinances for Fire Is- Superintendent to inform landowners land must conform to enable certain and the zoning authority if a use or de- private property within the Seashore velopment will be inconsistent with to be exempt from Federal condemna- the Federal standards or the purposes tion. The standards also apply to use of the Act and may subject the prop- and development of public property. erty to condemnation, subject to avail- From time to time these standards able funds. may be reviewed and revised. These (b) The Secretary may utilize any standards are intended: other statutory authority available to (1) To promote the protection and de- the Secretary for the conservation and velopment of the land within the Sea- development of natural resources to shore, for the purposes of the Fire Is- the extent the Secretary finds that

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such authority will further the purpose a resident living in the principal build- of the Act. ing. (h) Improved property is developed § 28.2 Definitions. property defined by the Act to mean (a) Accessory structure means any de- any building, the construction of which velopment which is located on the was begun prior to July 1, 1963, to- same lot as the principal building or gether with such amount of land on use and is customarily incidental and which said building is situated as the subordinate to the principal building or Secretary considers reasonably nec- use. Accessory structure may include a essary to the use of said building not, storage shed, dock, deck, patio, swim- however, to exceed 2 acres in the case ming pool, or tennis court but does not of a residence and 10 acres in the case include a garbage or bicycle rack and of a commercial use. The Secretary the single primary access walk. Acces- may exclude from such ‘‘improved sory structure includes a guest house property’’ any beach or waters, as well without cooking facilities used for as land adjoining such beach or waters, overnight habitation. which the Secretary deems necessary for public access thereto. (b) Act means the Fire Island Na- (i) Local ordinance means a State, tional Seashore Act of September 11, town, or village law applicable to the 1964, (16 U.S.C. 459e), as amended. development or use of real property. (c) Building means an enclosed struc- (j) Lot means a parcel of land which ture having a roof supported by col- meets the minimum acreage and front- umns, walls, or cantilevers. (If a struc- age requirements of the zoning author- ture is separated by a party wall with- ity and is occupied or capable of being out openings, it is considered two sepa- legally occupied by one (1) principal rate ‘‘buildings.’’) building or main building, and the ac- (d) Developed property means any cessory structures or uses including property which has been altered from such open spaces as are required by its natural state by the construction or these standards, but in no case does a erection of materials located in, upon, lot include lands below the toe of the or attached to something located in or natural foredune line. upon the ground. Such alterations may (k) Non-conforming use means any use include a building, deck, swimming or development that, if commenced pool, storage shed, patio, dock, tennis after the effective date of these stand- court, septic system or leaching field, ards, fails to conform to these stand- walkway, groin, fence or sign (except ards; or, if commenced prior to October dune protection fences and signs), road, 17, 1984, failed to conform to Federal retaining wall, grading, artificial fill, standards in effect at the time of con- or other structure or material exclud- struction or fails to conform to these ing live vegetation. standards, whether or not the use or (e) Development means any activity, development was first commenced in action, alteration, structure or use compliance with the local ordinance. which changes undeveloped property (l) Single-family home means a build- into developed property. ing which contains no more than one (f) Exception to a zoning ordinance kitchen or cooking facility. An exte- means any development or change in rior barbecue does not constitute a use of developed property which is not cooking facility for the purposes of this authorized by the zoning ordinance or regulation. the variance procedures of the zoning (m) Undeveloped property means prop- authority or, if authorized by the zon- erty which has not been altered from ing authority, fails to conform to the its natural state with the exception of ordinance approved by the Secretary or dune protection measures such as snow to the Federal standards. fencing, beach nourishment, dune grass (g) Guest house means an accessory planting, or other approved biological structure on the same lot as the prin- or ecological sand-enhancing or sta- cipal building that does not contain bilization methods. cooking facilities and is used for the (n) Zoning authority means the Town temporary accommodation of guests of of Brookhaven, the Town of Islip, the

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Village of Saltaire, the Village of East Boundary: 85 feet east of the east line of Ocean Beach and/or any other legally East Walk. incorporated village or political subdivision hereafter created and the offi- (vi) Lonelyville cials authorized by local ordinance to make rulings and determinations on West Boundary: 85 feet east of the east line of East Walk. zoning in said towns and villages. East Boundary: 100 feet east of the east line [56 FR 42790, Aug. 29, 1991, as amended at 62 of Raven Walk. FR 30235, June 3, 1997] (vii) Atlantique § 28.3 Boundaries: The Community De- velopment District; The Dune Dis- West Boundary: 80 feet west of the west line trict; The Seashore District. of Sea Breeze Walk. (a) Generally. The boundaries of the East Boundary: 80 feet east of the east line of Seashore are described in the Act, as East End Walk. amended, and are delineated on the of- (viii) Robbins Rest ficial boundary maps OGP-OOO2, dated June 1964, and amended by OGP-OOO4, West Boundary: The west line of Compass dated May 1978. The maps are available Walk. for inspection at the Seashore head- East Boundary: 113 feet east of the east line quarters. There are three districts: The of Sextant Walk. Community Development District, the Seashore District, and the Dune Dis- (ix) Fire Island Summer Club— trict. Corneille Estates (b) The Community Development Dis- trict. (1) The seventeen communities West Boundary: 100 feet west of west line of which comprise the Community Devel- Schooner Walk. opment District are set out below with East Boundary: 100 feet east of east line of their respective west/east boundaries. Frigate Roadway. (i) Lighthouse Shores—Kismet Park (x) Ocean Beach

West Boundary: 100 feet west of the west line West Boundary: 7 feet west of the west line of West Lighthouse Walk. of Surf Road. East Boundary: 80 feet east of the east line of East Boundary: 2 feet east of the east line of Pine Street. Surf View Walk. (ii) Seabay Beach (xi) Seaview

West Boundary: Approximately 94 feet west West Boundary: East line of Surf View Walk. of the west line of Seabay Walk. East Boundary: 200 feet east of Laurel Ave- East Boundary: Approximately 94 feet east of nue. the east line of Seabay Walk. (xii) Ocean Bay Park (iii) Saltaire West Boundary: 90 feet west of the west line West Boundary: 185 feet west of the west line of Superior Street. of West Walk. East Boundary: 100 feet East of the east line East Boundary: 85 feet east of the east line of of Cayuga Street. East Walk. (xiii) Point O’Woods (iv) Fair Harbor West Boundary: 100 feet east of the east line West Boundary: 333 feet west of the west line of Cayuga Street. of Cedar Walk. East Boundary: Western boundary of Sunken East Boundary: The east line of Spruce Forest Preserve. Walk. (xiv) Cherry Grove (v) Dunewood West Boundary: The west line of West Walk. West Boundary: The east line of Spruce East Boundary: Approximately 100 feet east Walk. of the east line of Ivy Walk.

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(xv) Fire Island Pines jurisdiction shall not invalidate any other provision thereof. West Boundary: Approximately 150 feet west of the west line of Sandy Walk. Subpart B—Federal Standards and East Boundary: Approximately 120 feet east Approval of Local Ordinances of Sail Walk. § 28.10 Permitted and prohibited uses. (xvi) Water Island (a) The Community Development Dis- West Boundary: The west line of Charach trict—(1) Permitted uses. (i) The con- Walk. struction, alteration, expansion, move- East Boundary: Approximately 100 feet east ment, reconstruction, and maintenance of the east line of East Walk. of a detached building which is used principally as a single-family home, (xvii) Davis Park church, school, or community facility; as an accessory structure; or as an of- West Boundary: 90 feet west of the west line fice for a professional occupation, as of Eider Duck Walk. defined in approved local ordinances is East Boundary: 90 feet east of east line of permitted. Reconstruction of non-con- Whalebone Walk. forming uses is permitted in accord- (2) The northern boundary of the ance with § 28.11. A professional office communities listed in paragraph (b)(1) may be maintained only incidental to a of this section is the mean high water residential use and shall be utilized by line on the south shore of the Great a person residing on the premises. South Bay. (ii) A commercial or industrial use in continuous and unchanged operation (3) The southern boundary of the since September 11, 1964 is permitted. communities listed in paragraph (b)(1) Any change in use of a commercial or of this section is the mean high water industrial use since September 11, 1964 line on the south shore of Fire Island. including construction, expansion, or (c) The Seashore District. The Sea- conversion of an existing structure or a shore District is comprised of all por- change in type, mode or manner of op- tions of the lands and waters within eration constitutes a new commercial the boundary of the Seashore which are or industrial use and may be permitted not included in the Community Devel- subject to the approval of the local opment District with the exception of zoning authority and review by the Su- the headquarters facilities at perintendent. Patchogue and the William Floyd Es- (iii) A commercial or industrial use tate at Mastic. initiated after September 11, 1964 con- (d) The Dune District. The Dune Dis- stitutes a new commercial or indus- trict extends from the mean high water trial use and may be permitted with line to 40 feet landward of the primary the approval of the local zoning au- natural high dune crest, as defined on thority and review by the Super- Fire Island National Seashore Map intendent. Any change in use of a com- #OGP–0004 and on Suffolk County mercial or industrial use approved by a Property Maps, section numbers 491–498 local zoning authority after September (Islip), 002 (Ocean Beach), 002–004 11, 1964, including construction, expan- (Saltaire), and 985.70–987 (Brookhaven), sion, or conversion of an existing struc- as mapped in November 1976 or as sub- ture, or a change in type, location, sequently remapped. Map overlays of mode or manner of operation, shall the Dune District are available for in- constitute a new commercial or indus- spection in the Office of the Super- trial use and may be permitted with intendent of the Seashore. The Dune approval of the local zoning authority District overlaps portions of the Com- and review by the Superintendent. munity Development District and the (2) Prohibited uses. (i) The construc- Seashore District. tion or expansion of an apartment building or other building with mul- § 28.4 Severability. tiple dwelling units or conversion of an The invalidation of any provision of existing building into a multiple fam- this part 28 by any court of competent ily home is prohibited.

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(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 to a guest house with cooking facilities as allowed under paragraph (c)(i) of is prohibited. this section. (iii) The subdivision of land into lots (ii) Any use of the dune, other than which are less than 4000 feet, or that do those outlined in paragraph (c)(1)(i) of not meet the requirements of the appli- this section, including recreational cable approved zoning ordinance is pro- use. hibited. (3) Conflict with other provisions. If a (iv) The rezoning of an area zoned development or lot lies partially with- residential to commercial or industrial in the Dune District and partially in without review by the Secretary is pro- the Community Development District, hibited. or partially within the Dune District (b) The Seashore District—(1) Permitted and partially within the Seashore Dis- uses. (i) The alteration, expansion, trict, and the standards applicable to movement, and maintenance of pri- the development, lot, or use are in con- vately-held ‘‘improved property’’ used flict, the standards for the Dune Dis- as a single-family home or as an acces- trict prevail for the portion of the de- sory structure is permitted. Recon- velopment, lot, or use which lies within struction is permitted in accordance the Dune District. (d) General recre- with § 28.11. ation, environmental and historic pres- (ii) Any use consistent with the pur- ervation and education, and natural re- poses of this Act, which is not likely to source protection uses and facilities cause significant harm to the natural consistent with the uses and facilities resources of the Seashore, on any appropriate for each zone as set forth lands, whether publicly or privately- in the General Management Plan and held, which lie below mean high water Final Environmental Impact State- in either the Atlantic Ocean or the ment are permitted on publicly-held Great South Bay is allowable. property. (2) Prohibited uses. Construction, development or expansion of any prop- § 28.11 Nonconforming uses. erty other than ‘‘improved property’’ is (a) Any use or structure lawfully ex- prohibited. The provisions of paragraph isting under local law as of October 17, (a)(2) of this section apply to all pri- 1984 and rendered nonconforming by vately-held property in the Seashore adoption of the federal standards may District. continue, subject to the provisions of (c) The Dune District—(1) Permitted this section, and will not lose its ex- uses. (i) A community vehicular and emption from condemnation, if other- private or community pedestrian dune wise eligible. crossing approved by the zoning au- (b) Change in nonconforming uses. (1) thority and reviewed by the Super- No nonconforming development or use intendent as necessary for access to may be altered, intensified, enlarged, areas behind the dune. Such dune pro- extended, or moved except to bring the tection measures as snow fencing, use or structure into conformity with poles, beach nourishment, dune grass the approved local zoning ordinance. planting, or other scientifically sanc- (2) A nonconforming use which has tioned biological or ecological sand en- been abandoned for more than one (1) hancing or stabilization methods are year may not be resumed or replaced allowable. by another nonconforming use or (ii) Residential use and maintenance structure. of an existing structure or reconstruc- (3) A nonconforming use in the Dune tion in accordance with § 28.11 is allow- District may be moved to bring it into able. conformity with the approved local (2) Prohibited uses. (i) Any develop- zoning ordinance. ment subsequent to November 10, 1978 (c) Reconstruction of nonconforming including construction of a new struc- uses. If a nonconforming use or structure or expansion of an existing structure is severely damaged (as deter- ture, such as a building, bulkhead, pile, mined by fair professional insurance

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practices), destroyed or rendered a haz- result in development of any lot which ard, whether by fire, natural disaster, is less than 4,000 feet. abandonment or neglect, no alteration, (d) Maximum lot occupancy for all intensification, enlargement, recon- development may not exceed 35 percent struction, extension, or movement is of the lot. Lot occupancy is calculated allowable without compliance with the to include all buildings and accessory following conditions: structures on the property and any ex- (1) No use or structure within the tension of the upper floors beyond the Seashore built in violation of a local developed area on the ground level. ordinance when constructed may be re- (e) Lot occupancy of all privately- constructed except in compliance with held improved property in the Seashore the approved local zoning ordinance. District is limited to 35 percent of the (2) Local building permit applica- square footage of a lot that is less than tions for reconstruction shall be filed 7,500 square feet, and to 2,625 square with the appropriate zoning authority feet for a lot 7,500 square feet or great- within one (1) year of the damage, destruction, or abandonment. er. Lot occupancy is calculated to include all buildings and accessory struc- (3) A commercial or industrial use may not be reconstructed without the tures on the property and any exten- approval of the local zoning authority sion of the upper floors beyond the de- and review by the Superintendent. veloped area of the ground. (4) A nonconforming use in the Com- (f) No building or accessory structure munity Development District or in the may be erected to a height in excess of Seashore District (i.e. ‘‘improved prop- 28 feet as measured from the average erty’’) may be reconstructed to preexisting ground elevation or the min- vious dimensions. It may not be al- imum elevation necessary to meet the tered, enlarged, intensified, extended, prerequisites for Federal flood insur- or moved except to bring the use or ance as determined by the National structure into conformity with the ap- Flood Insurance Program/FEMA shown proved local zoning ordinance. on Flood Insurance Rate Maps for Fire (5) A nonconforming use in the Dune Island communities. District may be reconstructed if it can (g) A swimming pool is an allowable conform to the approved local zoning accessory structure and is calculated ordinance and lie north of the crest of in measuring lot occupancy. the dune at the time of reconstruction. (h) No sign may be self-illuminated. (i) A zoning authority shall have in § 28.12 Development standards. effect limitations, requirements, or re- No use allowable under § 28.10 may be strictions on the burning of cover and developed, constructed, altered, or con- trash, excavation, displacement or re- ducted unless it complies with the fol- moval of sand or vegetation, and the lowing: dumping, storing, or piling of refuse (a) A single-family home is the only materials, equipment or other un- type of development permitted in a res- sightly objects which would pose safety idential district defined by a local zon- hazards and/or detract from the nating authority. ural or cultural scene. (b) Commercial or industrial develop- (j) A zoning authority shall have in ment is limited to commercial or busi- place ordinances to lessen the potential ness districts defined by a zoning au- for flood and related erosion and prop- thority within the Community Devel- erty losses consistent with the Federal opment District. Such development Insurance Administration’s National must provide a service to Fire Island and will not be likely to cause signifi- Flood Insurance Program criteria for cant harm to the natural resources of ‘‘Land Management and Use,’’ as set the Seashore. forth in 24 CFR part 1910, subpart A, as (c) Minimum lot size is 4,000 square it may from time to time be amended. feet. A subdivision must comply with the subdivision requirements of the applicable zoning authority and may not

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§ 28.13 Variance, commercial and in- ordinances which conform to these reg- dustrial application procedures. ulations. The Secretary may not, how- (a) The zoning authority shall send ever, approve an ordinance or amend- the Superintendent a copy of all appli- ment thereto which: cations for variances, exceptions, spe- (1) Contains a provision that the Sec- cial permits, and permits for commer- retary considers adverse to the protec- cial and industrial uses submitted to tion and development of the Seashore; the zoning authority within five cal- (2) Does not comply with the federal endar days of their submission of the standards set out in §§ 28.10, 28.11, and completed application by the appli- 28.12; or cant. (3) Fails to provide for the variance (b) The zoning authority shall send procedures of § 28.13. the Superintendent a copy of the writ- (b) A zoning authority from time to ten notice of the dates and times of time may amend its ordinance. At such any public hearing to be held con- time the Secretary may revoke the ap- cerning an application no less than 10 proval of any ordinance or portion of days prior to the date of the hearing. an ordinance which fails to conform to (c) The zoning authority shall send these regulations. Upon resubmission the Superintendent a copy of the written notice within fifteen calendar days by the zoning authority of an amended of the approval or disapproval of any ordinance, the Secretary shall approve application for a variance, exception, the ordinance, if it conforms with the special permit, or permit and copies of requirements of paragraph (a) of this any variance, exception, special per- section. mit, or certificate which has been (c) Secretarial approval of a local or- granted. dinance will be withdrawn if the Sec- (d) The zoning authority shall send retary finds that a zoning authority is copies of all correspondence referred to not enforcing its ordinance. in this section to: The Superintendent, Special Attention: Zon- Subpart C—Federal Review and ing, Fire Island National Seashore, 120 Condemnation Laurel St., Patchogue, New York 11772. § 28.20 Review by the Superintendent. § 28.14 Emergency action. (a) The Superintendent, within 15 If allowable by local law and if imme- working days of the receipt of a copy of diate action is essential to avoid or an application for a variance, excep- eliminate an immediate threat to the tion, permits for commercial or indus- public health or safety or a serious and trial use, or special permit submitted immediate threat to private property or natural resources, an agency or per- to the zoning authority for any devel- son may commence a temporary use opment, use or change in use shall pro- without a permit from the zoning au- vide the applicant/landowner and the thority. In all cases, the agency or per- appropriate zoning authority written son shall inform the Superintendent comments on the application. The pur- and send an application for a permit to pose of the Superintendent’s review is the zoning authority within 10 days to determine if the proposed use or de- after the commencement of the use and velopment does not conform to the fed- the applicant shall proceed in full com- eral standards and the purposes of the pliance with the provisions of the ap- Act or is likely to cause significant proved local zoning ordinance. When harm to the natural resources of the the reasons for undertaking the emer- Seashore. If the Superintendent’s re- gency action no longer exist, the agen- view determines the proposal does not cy or person shall cease an emergency conform, the Superintendent shall in- action taken under this section. form the applicant/landowner and appropriate zoning authority that should § 28.15 Approval of local zoning ordi- the proposed use or development pro- nances. ceed, the National Park Service may (a) The Secretary shall approve local seek to enjoin the development and ac- ordinances or amendments to approved quire the property by condemnation.

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(b) The Superintendent may also ap- defined as any commercial or indus- peal the decision of the zoning author- trial use commenced after September ity pursuant to procedures of local law. 11, 1964. Any change in use of a commercial or industrial use including § 28.21 Suspension of condemnation construction, expansion, or conversion authority in the communities. of an existing structure, or change in The Secretary has the authority to type, location, mode, or manner of op- acquire land by condemnation. Upon eration, constitutes a new commercial Secretarial approval of local ordi- or industrial use; nances, Secretarial authority to ac- (8) Any property with respect to quire by condemnation private prop- which the Secretary’s authority to erty within the communities and ‘‘im- condemn was not suspended and the proved property’’ in the Seashore Dis- trict that conforms to the federal property failed to conform to the fed- standards and the provisions of the Act eral standards existing at the time of or is not likely to cause significant construction, modification, or com- harm to the natural resources of the mencement of a use, unless such con- Seashore is suspended, except as pro- struction, modification or use con- vided for in § 28.22. forms to the current federal standards; and § 28.22 Condemnation authority of the (9) Any property in violation of a Secretary. local ordinance required by § 28.12 (i) (a) The Secretary has the authority and (j). to exercise powers of condemnation (b) Undeveloped property which is with respect to: otherwise subject to condemnation (1) Private property within the 8-mile under the Act is not subject to con- area between the eastern boundary of demnation if it is located in the Dune Davis Park and the western boundary District and is maintained in its nat- of the Smith Point County Park; ural state. (2) Any beach or water and such ad- (c) The Secretarial authority to con- joining land as the Secretary deter- demn any property in the Seashore is mines is necessary for access to the suspended for any structure or use con- beach or water; structed, modified, or commenced prior (3) Any property for which the Cer- tificate of Suspension of Authority for to October 17, 1984 if: Acquisition by Condemnation has been (1) It was built or conducted in con- revoked; formity with local zoning ordinances (4) Any property, if the approval of and procedures in effect at the time of the ordinance of the zoning authority such construction or commencement or has been revoked; partially revoked, or had been issued a variance under local an exception was made to the Secre- law; tarial approval and such property fails (2) It was built or conducted in con- to conform to these standards, or any formity to the federal standards exist- property where the appropriate local ing at the time of such construction or zoning authority does not have an ordi- commencement or to these standards; nance approved by the Secretary; and (5) Any property built or altered (3) The local zoning ordinance is ap- after October 17, 1984 that does not con- proved by the Secretary without excep- form to the regulations in this part 28; tions, or if approved by the Secretary (6) Any property which becomes an with exceptions, such exceptions are exception to or has been granted a not pertinent or applicable to the prop- variance, exception, or special use per- erty. mit after October 17, 1984 that fails or will fail to conform to the regulations (d) The above provisions shall not be in this part 28; interpreted to otherwise limit or cir- (7) Any new commercial or industrial cumscribe the authority of the Sec- use that the Superintendent has deter- retary to condemn property as pro- mined does not conform with § 28.20(a). vided by the Act, or other provisions of A new commercial or industrial use is law.

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§ 28.23 Certificates of suspension of (c) Upon receipt of the application, authority for acquisition by con- the Superintendent shall conduct a site demnation. inspection of both the interior and ex- Upon approval of a local zoning ordi- terior of the property. nance, a private property owner may (d) After review of the materials sub- apply to the Superintendent for a Cer- mitted by the applicant and other per- tificate of Suspension of Authority for tinent information, and completion of Acquisition by Condemnation. Proce- the site inspection, the Superintendent dures for obtaining a certificate are as shall determine whether the Sec- follows: retary’s authority to acquire by con- (a) A property owner shall submit an demnation is suspended, and if so, shall application for a certificate to: furnish to any eligible party in interest a Certificate of Suspension of Author- Superintendent, ity for Acquisition by Condemnation. Fire Island National Seashore, (e) A Certificate of Suspension of Au- 120 Laurel Street, Patchogue, New York 11772. thority for Acquisition by Condemna- tion may be revoked at any time that (b) An application for a certificate the Secretary’s authority to condemn shall contain: is reinstated or that it becomes evident (1) A current survey of the lot show- to the Superintendent that the Certifi- ing the dimension of all buildings, ac- cate was initially issued by mistake or cessory structures, garbage and bicycle on misinformation. racks, all access walks, and any extensions of the upper floors beyond the de- § 28.24 Information collection. veloped area on the ground level; The collection of information con- (2) On the survey, the line of mean tained in §§ 28.13, and 28.23 have been high water, the toe of the dune, and the approved by the Office of Management crest of the dune shall be identified if and Budget under 44 U.S.C. 3501 et seq. they traverse the lot; and assigned clearance number 1024– (3) A floor plan of each floor of each 0050. The information will be used to building showing the configuration of determine if private property conforms all rooms and cooking facilities; to the federal regulations. Response is (4) A vertical drawing of the struc- required to obtain a benefit in accord- ture showing actual ground level and ance with 16 U.S.C. Section 459e et seq. building height; and (5) Copies of the original and all subsequent building permit applications PART 30—WHISKEYTOWN-SHASTA- and permits, certificates of occupancy, TRINITY NATIONAL RECREATION certified-as-completed surveys, AREA: ZONING STANDARDS FOR variances, special use permits, certifi- WHISKEYTOWN UNIT cates of pre-existing use, or other documents relating to local authorization Sec. to develop or use the property. The 30.1 Introduction. burden rests on the applicant to show 30.2 General provisions. that the structure conformed to local 30.3 Recreation District I. law at the time of construction and at 30.4 Recreation District II. 30.5 Variances, exceptions, and use permits. the time of each subsequent alteration and that the structure conforms to cur- AUTHORITY: Subsection 2(e), 79 Stat. 1295, rent federal standards. 1297; sec. 3, 39 Stat. 535; 16 U.S.C. 460q–1(e); 16 (6) For commercial or industrial uses, U.S.C. 3. the owner of the property shall submit SOURCE: 32 FR 13189, Sept. 16, 1967, unless further information describing the otherwise noted. type, mode, and manner of operation. All local, county, state, or federal li- § 30.1 Introduction. censes and permits required for con- (a) Administration of the struction, occupancy, operation of the Whiskeytown Unit is required to be co- commercial activity shall be sub- ordinated with the other purposes of mitted. Any change in use as described the Central Valley project and with the in § 28.10(a)(1)(iii) will require applica- purposes of the recreation area as a tion for a new certificate. whole so as to provide for: (1) Public

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outdoor recreation benefits; (2) con- with the purposes of the act estab- servation of scenic, scientific, historic, lishing the national recreation area; (2) and other values contributing to public promote the protection and develop- enjoyment; and (3) such management, ment of properties in keeping with the utilization and disposal of renewable purposes of that act by means of use, natural resources as in the judgment of acreage, frontage, setback, density, the Secretary of the Interior will pro- height, or other requirements; and (3) mote or is compatible with, and does provide that the Secretary receive no- not significantly impair, public recre- tice of any variance granted under, or ation and conservation of scenic, sci- any exception made to, the application entific, historic, or other values con- of the zoning ordinance approved by tributing to public enjoyment. him. (b) The Secretary may not acquire (e) Following promulgation of the without consent of the owner any pri- regulations in this part in final form, vately owned ‘‘improved property’’ or the Secretary is required to approve interests therein within the boundaries any zoning ordinance or any amend- of the unit, so long as the appropriate ment to an approved zoning ordinance local zoning agency (Shasta County), submitted to him which conforms to shall have in force and applicable to the standards contained in the regula- such property a duly adopted, valid, tions in this part in effect at the time zoning ordinance that is approved by of adoption of the ordinance or amend- the Secretary. This suspension of the ment. Within 60 days following submis- Secretary’s authority to acquire ‘‘im- sion, the county will be notified of the proved property’’ without the owner’s Secretary’s approval or disapproval of consent would automatically cease: (1) the zoning ordinances or amendments If the property is made the subject to a thereto. If more than 60 days is re- variance or exception to any applicable quired the county will be notified of zoning ordinance that does not con- the expected delay and of the addi- form to the applicable standards con- tional time deemed necessary to reach tained in the regulations in this part; a decision. The Secretary’s approval or (2) if such property is put to any use shall remain effective so long as the which does not conform to any applica- zoning ordinances or amendments ble zoning ordinance approved by the thereto remain in effect as approved. Secretary. (f) Nothing contained in the regula- (c) ‘‘Improved property’’ as used in tions in this part or in the zoning ordi- this section, means any building or nances or amendments adopted for the group of related buildings, the actual Whiskeytown Unit to implement the construction of which was begun before regulations in this part shall preclude February 7, 1963, together with not the Secretary from exercising his more than 3 acres of land in the same power of condemnation at any time ownership on which the building or with respect to property other than group of buildings is situated, but the ‘‘improved property’’ as defined herein. Secretary may exclude from such ‘‘im- Nor shall the regulations in this part proved property’’ any shore or waters, preclude the Secretary from otherwise together with so much of the land ad- fulfilling the responsibilities vested in joining such shore or waters, as he him by the act authorizing establish- deems necessary for public access ment of the Whiskeytown-Shasta-Trin- thereto. ity National Recreation Area, by the (d) The regulations in this part speci- Act of August 25, 1916 (39 Stat. 535, 16 fy the standards with which local zon- U.S.C. 3), as amended and supple- ing ordinances for the Whiskeytown mented, and such other statutory au- Unit must conform if the ‘‘improved thorities relating to the National Park property’’ within the boundaries of System. that unit is to be exempt from acquisition by condemnation. The objectives § 30.2 General provisions. of the regulations in this part are to: (a) Following issuance of the regula- (1) Prohibit new commercial or indus- tions in this part, Shasta County shall trial uses other than those which the submit to the Secretary for his ap- Secretary considers to be consistent proval, all zoning ordinances and

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amendments thereto duly adopted by Recreation Area delineated as ‘‘Recre- the county which are in force and ap- ation District I’’ on a map bearing the plicable to property within the identification NRA-WHI1000, and dated Whiskeytown Unit and which dem- August 1966. onstrate conformity with the standards (b) The following uses are permitted contained in the regulations in this in Recreation District I provided the part. This shall include any ordinances Shasta County Planning Commission and amendments in effect prior to the has issued a use permit in each case: issuance of the regulations in this part (1) Single-family dwellings, not in- which demonstrate such conformity cluding tents and trailers, but includ- and any that have been adopted specifi- ing servants’ quarters in the same cally to implement the regulations in structure or in an accessory dwelling, this part. and one noncommercial guest house. (b) Any new uses, and the location, Such residential uses shall meet the design and scope of any new develop- following requirements: ments, permitted under the regulations (i) Minimum building site area—3 in this part shall be harmonized with acres; but a lesser acreage may be uti- adjacent uses, developments and the lized for this purpose if, on or before natural features and shall be con- February 7, 1963, the site was in sepa- sistent with the current Master Plan rate ownership and within a recorded proposed or adopted by the National subdivision. Park Service for the Whiskeytown (ii) Maximum building height—35 Unit, so as to minimize disruption of feet. the natural scene and to further the (iii) Minimum frontage—150 feet. public recreational purposes of the (iv) Minimum front yard setback—75 aforesaid establishment act for this feet. unit. (v) Minimum side yard setback—50 (c) Zoning ordinances for the dis- feet. tricts hereinafter prescribed shall con- (vi) Minimum rear yard setback—25 form to the general and specific stand- feet. ards contained in the regulations in (vii) Maximum percentage of lot cov- this part to assure that use and devel- erage permitted—10 percent. opment of the lands within the (2) Moving, alteration, or improve- Whiskeytown Unit are consistent with ment of existing residences or acces- the objectives of the Congress to pro- sory structures provided there is com- tect and preserve the values of the pliance with the acreage, frontage, set- lands in such unit for public use and back, density, height, and other re- enjoyment, as set out in the Act of No- quirements prescribed for residential vember 8, 1965 (79 Stat. 1295). Except as uses under paragraph (b)(1) of this sec- otherwise provided herein, no addition, And provided, further, That such tional or increased commercial or in- moving alteration, or improvement dustrial uses are permitted within does not alter the residential character these districts. Any existing noncon- of the premises. Any moving, alter- forming commercial or industrial uses ation or improvement of such struc- shall be discontinued within 10 years tures that would result in a deviation from the date of this section: Provided, from these prescribed limitations and however, That with the approval of the requirements would subject the prop- Secretary such 10-year period may be erty to acquisition without consent of extended by the county for an addi- the owner, unless the Secretary has tional period of time sufficient to allow waived such limitations or require- the owner a reasonable opportunity to ments. amortize investments made in the (3) Tree farming under a timber man- property before November 8, 1965. agement plan that conforms to the California Forest Practices Act. § 30.3 Recreation District I. (4) Riding stables. (a) Definition. This district shall (5) Campgrounds, organizational comprise all those portions of the camps and picnic areas. Whiskeytown Unit of the (6) Limited agricultural uses such as Whiskeytown-Shasta-Trinity National truck gardening, provided these uses do

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not require the extensive cutting or quired by the United States as rapidly clearing of wooded areas and are not as appropriated funds are made avail- otherwise destructive of natural or rec- able therefor and before any develop- reational values. ment occurs thereon. Any property (7) Clearing and removal of trees, that is developed before such acquisi- shrubbery, and other vegetation to the tion takes place will be subject to ac- extent necessary in order to permit the quisition by the Secretary without exercise of a use otherwise allowed consent of the owner. within this district. (8) Recreational pursuits such as § 30.4 Recreation District II. horseshoe pitching, archery, croquet, (a) Definition: This district shall tennis, softball, volley ball, and similar comprise all those portions of the outdoor game-type activities compat- Whiskeytown Unit of the ible with the recreational purposes of Whiskeytown-Shasta-Trinity National the area. Recreation Area delineated as ‘‘Recre- (9) Religious and educational uses. ation District II’’ on a map bearing the (10) Removal of gravel, sand, and identification NRA-WHI–1000 and dated rock or other alteration of the land- August 1966. scape to the minimum extent nec- (b) The following uses are permitted essary for the construction of an access in Recreation District II: road to the property on which a use is (1) All uses permitted in Recreation permitted. In all other circumstances, District I, subject to all the limita- such removal or alteration shall be per- tions, conditions and requirements pre- mitted only to the minimum extent scribed for such uses in that district. necessary to make possible the exer- (2) The following additional uses are cise of a use otherwise permitted in permitted in Recreation District II, this district. provided the Shasta County Planning (11) Signs that are appurtenant to Commission has issued a use permit in any permitted use and which (i) do not each case: exceed 1 square foot in area for any res- (i) Agricultural pursuits such as crop idential use; (ii) do not exceed 4 square farming, grazing, animal husbandry, feet in area for any other use, includ- nurseries, and greenhouses. ing advertisement of the sale or rental (ii) Stands for retail sales of products of property; and (iii) which are not illu- produced on the premises. minated by any neon or flashing de- (iii) Measures to promote conserva- vice. Such signs may be placed only on tion of soil, water, and vegetation, in- the property on which the advertised cluding reforestation and tree stand use occurs, or on the property which is improvement, and measures to reduce advertised for sale or rental. Signs fire hazards. shall be subdued in appearance, harmo- (iv) Public or privately operated nizing in design and color with the sur- parks and playgrounds. roundings and shall not be attached to (v) Trailer campgrounds. any tree or shrub. Nonconforming signs (vi) Golf courses. may continue such nonconformity (vii) Heliports, provided they are lo- until they are destroyed, moved, struc- cated and screened so their operations turally altered or redesigned, but the will cause a minimum of interference period of such nonconformity may not with public recreational use and enjoy- exceed 2 years from the date a zoning ment of the area. ordinance containing this limitation is (viii) Accessory structures, facilities, adopted by Shasta County. and utilities as necessary to make pos- (12) Accessory uses and temporary re- sible the exercise of any use otherwise movable structures appurtenant to any permitted. permitted use. (c) Structures developed for the exer- (c) Any use not included above as a cise of the additional uses listed under permitted use shall be deemed a pro- paragraph (b)(2) of this section shall hibited use. Moreover, all land within not exceed two stories in height (35 the boundaries of the Whiskeytown feet), shall have a minimum principal Unit, except certain ‘‘improved prop- use area of 5 acres, and shall have a erty’’ as defined herein, will be ac- front yard setback of not less than 100

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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, tion was in separate ownership on Feb- shall advise the owner or the Commis- ruary 7, 1963. sion whether or not the intended use (d) Any use not included above as a will subject the property to acquisition permitted use shall be deemed a pro- by condemnation. If more than 30 days hibited use. Moreover, all land within is required by the Secretary for such the boundaries of the Whiskeytown determination, he shall so notify the Unit, except certain ‘‘improved prop- owner or Commission, stating the addi- erty’’ as defined herein, will be ac- tional time required and the reasons quired by the United States as rapidly therefor. as appropriated funds are made avail- (d) The Secretary shall be given writ- able therefor and before any develop- ten notice of any variance granted ment occurs thereon. Any property under, or exception made to the appli- that is developed before such acquisi- cation of, a zoning ordinance or amend- tion takes place will be subject to ac- ment thereof approved by him. The quisition by the Secretary without Secretary shall be provided a copy of consent of the owner. every use permit granted by the Shasta County Planning Commission author- § 30.5 Variances, exceptions, and use izing any use or development of lands permits. within the boundaries of the (a) Zoning ordinances or amendments Whiskeytown Unit of the recreation thereto, for the zoning districts com- area. prising the Whiskeytown Unit of the Whiskeytown-Shasta-Trinity National PART 34—EL PORTAL Recreation Area may provide for the ADMINISTRATIVE SITE REGULATIONS granting of variances and exceptions. (b) Zoning ordinances or amendments Sec. thereto for each of the districts estab- 34.1 Purpose. lished by the regulations in this part 34.2 Applicability and scope. shall contain provisions advising appli- 34.3 Penalties. cants for variances and exceptions 34.4 Definitions. that, under section 2(f) of the Act of 34.5 Applicable regulations. November 8, 1965, the authority of the 34.6 Fires. Secretary to acquire ‘‘improved prop- 34.7 Cultivation of controlled substances. erty’’ without the owner’s consent 34.8 Preservation of natural, cultural and would be reinstated (1) if such property archeological resources. 34.9 Protective custody. is made the subject of a variance or ex- 34.10 Saddle and pack animals. ception to any applicable zoning ordi- 34.11 Boating operations. nance that does not conform to any ap- 34.12 Information collection. plicable standard contained in the reg- AUTHORITY: 16 U.S.C. 1, 3, 47–1, 460l–6a(e). ulations in this part; or (2) if such property is put to any use which does SOURCE: 51 FR 29103, Aug. 14, 1986, unless not conform to any applicable zoning otherwise noted. ordinance approved by the Secretary. (c) The Shasta County Planning § 34.1 Purpose. Commission, or private owners of ‘‘im- These regulations provide for the proved property’’ may consult the Sec- protection of persons, property and retary as to whether the grant of any natural and cultural resources within proposed variance or exception would the El Portal Administrative Site. terminate the suspension of his authority to acquire the affected property § 34.2 Applicability and scope. without consent of the owner, and may (a) The regulations in this part apply request the approval of a variance or to all persons entering, using, visiting, exception by the Secretary: Provided, residing on or otherwise within the The Secretary is notified in writing at boundaries of the El Portal Adminis- least 30 days in advance of the hearing trative Site. All regulations apply

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throughout the site, with certain spe- ural, cultural and archeological re- cific exceptions provided for leased sources. lands. (2) 2.2 Wildlife protection. (b) The regulations in this part may (3) 2.3 (a), (c) and (f) Fishing. be enforced only by persons authorized (4) 2.4 Weapons, traps and nets. to enforce the other provisions of this (5) 2.5 Research specimens. chapter. (6) 2.10 Camping and food storage. (7) 2.11 Picnicking. § 34.3 Penalties. (8) 2.12 Audio disturbances. (a) A person convicted of violating a (9) 2.13 Fires. provision of the regulations contained (10) 2.14 Sanitation. in this part shall be punished by a fine (11) 2.15 (a) (1), (3), (4) and (5); (c); not exceeding $500 or by imprisonment (d); (e) and (f) Pets. not exceeding 6 months, or both, and (12) 2.17 Aircraft and air delivery. shall be adjudged to pay all costs of the (13) 2.21 Smoking. proceedings. (14) 2.22 Property. (b) Notwithstanding the provision of (15) 2.23 Recreation fees. paragraph (a) of this section, a person (16) 2.30 Misappropriation of prop- convicted of violating § 34.5(b)(15) of erty and services. this chapter shall be punished by a fine (17) 2.31 Trespassing, tampering and of not more than $100. vandalism. (18) 2.32 Interfering with agency § 34.4 Definitions. function. (19) 2.33 Report of injury or damage. When used in regulations in this (20) 2.34 Disorderly conduct. part: (21) 2.35 Alcoholic beverages and means all of the Administrative site controlled substances. federally owned or controlled lands and (22) 2.36 (a) Gambling. waters administered by the National (23) 2.37 Noncommercial soliciting. Park Service pursuant to 16 U.S.C. 47– (24) 2.38 Explosives. 1 (72 Stat. 1772), in the vicinity of El (25) 2.50 Special events. Portal, California. (26) 2.51 Public assemblies, meet- Leased lands means all lands within ings. the administrative site in which there (27) 2.52 Sale or distribution of is a lawful possessory interest in addi- printed matter. tion to that of the National Park Serv- (28) 2.61 Residing on Federal lands. ice, which have been leased, permitted (29) 2.62 Memorialization. or otherwise assigned by the Super- (c) Boating and Water Use Activities. intendent. All other lands within the (1) 3.1 Applicable regulations. administrative site are nonleased (2) 3.3 Permits. lands. (3) 3.4 Accidents. (4) 3.5 Inspections. § 34.5 Applicable regulations. (5) 3.6 (a) and (b) Prohibited oper- The following sections and para- ations. graphs of this chapter, as amended (6) 3.21 (a) (1), (2) and (b) Swimming from time to time, apply to the admin- and bathing. istrative site and are hereby incor- (d) Vehicles and traffic safety. (1) 4.2 porated and made a part of this part State law applicable. except as modified by the regulations (2) 4.4 Report of motor vehicle acci- in this part: dent. (a) General provisions. (1) 1.2(d) Appli- (3) 4.10(a), (c)(1) and (c)(2) Travel on cability and scope; exception for ad- park roads and designated routes. ministrative activities. (4) 4.11 Load, weight and size limits. (2) 1.4 Definitions. (5) 4.12 Traffic control devices. (3) 1.5 Closures and public use lim- (6) 4.14 Open container of alcoholic its. beverage. (4) 1.6 Permits. (7) 4.21 Speed limits. (5) 1.7 Public notice. (8) 4.22 Unsafe operation. (b) Resource Protection, Public Use and (9) 4.23 Operating under the influence Recreation. (1) 2.1 Preservation of nat- of alcohol or drugs.

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(e) Commercial and Private Operations. § 34.7 Cultivation of controlled sub- (1) 5.1 Advertisements. stances. (2) 5.2 Alcoholic beverages; sale of In addition to the provisions of § 2.35 intoxicants. of this chapter, the planting, culti- (3) 5.3 Business operations. vating, harvesting, drying or proc- (4) 5.5 Commercial photography. essing of a controlled substance, or any (5) 5.7 Construction of buildings or part thereof, is prohibited. other facilities. (6) 5.8 Discrimination in employ- § 34.8 Preservation of natural, cultural and archeological resources. ment practices. (7) 5.9 Discrimination in furnishing In addition to the provisions of § 2.1 public accommodations and transpor- of this chapter, the following are in ef- tation services. fect: (a) Upon nonleased lands, the cutting (8) 5.13 Nuisances. or removal of any tree, plant, or shrub (9) 5.14 Prospecting, mining, and or part thereof is prohibited without a mineral leasing. permit from the Superintendent. [51 FR 29103, Aug. 14, 1986, as amended at 52 (b) Upon leased lands, the cutting or FR 10686, Apr. 2, 1987] removal of any tree, plant, shrub or part thereof that is six inches or less in § 34.6 Fires. diameter, for the purpose of maintaining its proper health and appearance or (a) All wildland, vehicular or struc- for reasons of public safety, is allowed. tural fires shall be reported to the Su- Cutting or removing any vegetation ex- perintendent immediately. ceeding six inches in diameter without (b) Nonconflicting provisions of the a permit from the Superintendent is California State Forest and Fire Laws prohibited. and Regulations are adopted as a part (c) Upon leased lands, the planting of of this part. Violation of any of these personal gardens or domestic trees is regulations is prohibited. allowed subject to all applicable Fed- (c) The kindling of any open fire, in- eral, State, and County agricultural cluding the burning of debris, is prohib- regulations. Provided, however: the Su- ited without a permit from the Super- perintendent may temporarily suspend intendent. this general privilege in the event of a (d) On undeveloped, untended or oth- water shortage or agricultural pest or erwise open land, operating any equip- disease emergency. ment powered by an internal combus- (d) Wood gathering is prohibited ex- tion engine without a spark arrestor cept in accordance with conditions and maintained in effective working order within areas designated by the Super- is prohibited. Such spark arrestor shall intendent. Violation of such conditions also meet either the USDA Forest or gathering wood outside of des- Service Standard 5100–1a or the Society ignated areas is prohibited. of Automotive Engineers Rec- ommended Practice J335 or J350. § 34.9 Protective custody. (e) The Superintendent may, during (a) An authorized person, with rea- periods of high fire danger or dimin- sonable cause to believe that a juvenile ished water supply, temporarily limit found within the administrative site use and consumption of domestic has been unlawfully abused or ne- water. These limitations shall be pub- glected by any person living in the ju- lished. Violation of a limitation estab- venile’s place of residence, may take lished by the Superintendent is prohib- such juvenile into protective custody. ited. An authorized person taking protective (f) An owner or operator of a com- custody action pursuant to this para- mercial establishment located within graph shall deliver the juvenile to the the administrative site shall comply care and custody of the appropriate with applicable standards prescribed by State or local authorities. the National Fire Codes, Federal (b) An authorized person, with rea- OSHA, CAL OSHA and other applicable sonable cause to believe that a person laws, regulations and standards. found within the administrative site is

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either temporarily or permanently psy- 51.2 What is the policy underlying conces- chologically or mentally impaired to a sions contracts? degree that the person is gravely disabled or that presents a clear danger to Subpart B—General Definitions that person or another, may take such 51.3 How are terms defined in this part? person into protective custody. An authorized person taking protective cus- Subpart C—Solicitation, Selection and tody action pursuant to this paragraph Award Procedures shall deliver the person to the care of the Mariposa County Mental Health 51.4 How will the Director invite the gen- Authorities for an initial 72-hour eval- eral public to apply for the award of a uation in accordance with applicable concession contract? provisions of the California Welfare 51.5 What information will the prospectus include? and Institutions Code. 51.6 Will a concession contract be developed (c) An authorized person may take for a particular potential offeror? into protective custody any juvenile 51.7 How will information be provided to a found within the administrative site potential offeror after the prospectus is who is deemed to be a runaway accord- issued? ing to applicable provisions of the Cali- 51.8 Where will the Director publish the no- fornia Welfare and Institutions Code. tice of availability of the prospectus? An authorized person taking protective 51.9 How do I get a copy of the prospectus? custody action pursuant to this para- 51.10 How long will I have to submit my graph shall deliver the juvenile to the proposal? care and custody of the Mariposa Coun- 51.11 May the Director amend, extend, or ty Sheriff’s Office. cancel a prospectus or solicitation? 51.12 Are there any other additional proce- § 34.10 Saddle and pack animals. dures that I must follow to apply for a concession contract? The use of saddle and pack animals is 51.13 When will the Director determine if prohibited without a permit from the proposals are responsive? Superintendent. 51.14 What happens if no responsive proposals are submitted? § 34.11 Boating operations. 51.15 May I clarify, amend or supplement The launching or operation of a my proposal after it is submitted? 51.16 How will the Director evaluate pro- motor boat is prohibited. posals and select the best one? 51.17 What are the selection factors? § 34.12 Information collection. 51.18 When must the Director reject a pro- The information collection require- posal? ments contained in §§ 34.6, 34.8 and 34.10 51.19 Must the Director award the conces- have been approved by the Office of sion contract that is set forth in the pro- Management and Budget under 44 spectus? U.S.C. 3501 et seq., and assigned clear- 51.20 Does this part limit the authority of ance number 1024–0026. This informa- the Director? tion is being collected to solicit infor- 51.21 When must the selected offeror exe- mation necessary for the Super- cute the concession contract? 51.22 When may the Director award the con- intendent to issue permits and other cession contract? benefits, and to gather information. This information will be used to grant Subpart D—Non-Competitive Award of administrative benefits. The obligation Concession Contracts to respond is required to obtain a benefit. 51.23 May the Director extend an existing concession contract without a public solicitation? PART 51—CONCESSION 51.24 May the Director award a temporary CONTRACTS concession contract without a public solicitation? Subpart A—Authority and Purpose 51.25 Are there any other circumstances in which the Director may award a conces- Sec. sion contract without public solicita- 51.1 What does this part cover? tion?

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Subpart E—Right of Preference to a New sion contract be considered a satisfac- Concession Contract tory operator? 51.46 May the Director determine that a 51.26 What solicitation, selection and award concessioner has not operated satisfac- procedures apply when a preferred offeror torily after a prospectus is issued? exists? 51.47 How does a person appeal a decision of 51.27 Who is a preferred offeror and what the Director that a concessioner is or is are a preferred offeror’s rights to the not a preferred offeror? award of a new concession contract? 51.48 What happens to a right of preference 51.28 When will the Director determine in the event of termination of a conces- whether a concessioner is a preferred of- sion contract for unsatisfactory perform- feror? ance or other breach? 51.29 How will I know when a preferred of- 51.49 May the Director grant a right of pref- feror exists? erence except in accordance with this 51.30 What must a preferred offeror do be- part? fore it may exercise a right of pref- 51.50 Does the existence of a preferred offer- erence? or limit the authority of the Director to 51.31 What happens if a preferred offeror establish the terms of a concession con- does not submit a responsive proposal? tract? 51.32 What is the process if the Director determines that the best responsive pro- Subpart G—Leasehold Surrender Interest posal was not submitted by a preferred offeror? 51.51 What special terms must I know to un- 51.33 What if a preferred offeror does not derstand leasehold surrender interest? timely amend its proposal to meet the 51.52 How do I obtain a leasehold surrender terms and conditions of the best pro- interest? posal? 51.53 When may the Director authorize the 51.34 What will the Director do if a selected construction of a capital improvement? preferred offeror does not timely execute 51.54 What must a concessioner do before the new concession contract? beginning to construct a capital im- 51.35 What happens to a right of preference provement? if the Director receives no responsive 51.55 What must a concessioner do after proposals? substantial completion of the capital improvement? Subpart F—Determining a Preferred Offeror 51.56 How will the construction cost for pur- 51.36 What conditions must be met before poses of leasehold surrender interest the Director determines that a conces- value be determined? sioner is a preferred offeror? 51.57 How does a concessioner request arbi- 51.37 How will the Director determine that tration of the construction cost of a cap- a new concession contract is a qualified ital improvement? concession contract? 51.58 What actions may or must the conces- 51.38 How will the Director determine that sioner take with respect to a leasehold a concession contract is an outfitter and surrender interest? guide concession contract? 51.59 Will leasehold surrender interest be 51.39 What are some examples of outfitter extinguished by expiration or termi- and guide concession contracts? nation of a leasehold surrender interest 51.40 What are some factors to be consid- concession contract or may it be taken ered in determining that outfitter and for public use? guide operations are conducted in the 51.60 How will a new concession contract backcountry? awarded to an existing concessioner 51.41 If the concession contract grants a treat a leasehold surrender interest ob- compensable interest in real property tained under a prior concession contract? improvements, will the Director find 51.61 How is an existing concessioner who is that the concession contract is an out- not awarded a new concession contract fitter and guide concession contract? paid for a leasehold surrender interest? 51.42 Are there exceptions to this compen- 51.62 What is the process to determine the sable interest prohibition? leasehold surrender interest value when 51.43 Who will make the determination that the concessioner does not seek or is not a concession contract is an outfitter and awarded a new concession contract? guide contract? 51.63 When a new concessioner pays a prior 51.44 How will the Director determine if a concessioner for a leasehold surrender in- concessioner was satisfactory for pur- terest, what is the leasehold surrender poses of a right of preference? interest in the related capital improve- 51.45 Will a concessioner that has operated ments for purposes of a new concession for less than the entire term of a conces- contract?

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51.64 May the concessioner gain additional guide concession contracts in the same leasehold surrender interest by under- park area? taking a major rehabilitation or adding 51.81 May the Director include ‘‘special ac- to a structure in which the concessioner count’’ provisions in concession con- has a leasehold surrender interest? tracts? 51.65 May the concessioner gain additional 51.82 Are a concessioner’s rates required to leasehold surrender interest by replacing be reasonable and subject to approval by a fixture in which the concessioner has a the Director? leasehold surrender interest? 51.83 Sale of Native handicrafts. 51.66 Under what conditions will a concessioner obtain a leasehold surrender interest in existing real property improve- Subpart J—Assignment or Encumbrance of ments in which no leasehold surrender Concession Contracts interest exists? 51.84 What special terms must I know to un- 51.67 Will a concessioner obtain leasehold derstand this part? surrender interest as a result of repair and maintenance of real property im- 51.85 What assignments require the ap- provements? proval of the Director? 51.86 What encumbrances require the ap- Subpart H—Possessory Interest proval of the Director? 51.87 Does the concessioner have an uncon- 51.68 If a concessioner under a 1965 Act conditional right to receive the Director’s cession contract is not awarded a new approval of an assignment or encum- concession contract, how will a conces- brance? sioner that has a possessory interest re- 51.88 What happens if an assignment or en- ceive compensation for its possessory in- cumbrance is completed without the ap- terest? proval of the Director? 51.69 What happens if there is a dispute be- 51.89 What happens if there is a default on tween a new concessioner and a prior an encumbrance approved by the Direc- concessioner as to the value of the prior tor? concessioner’s possessory interest? 51.70 If a concessioner under a 1965 Act con- 51.90 How does the concessioner get the Di- cession contract is awarded a new con- rector’s approval before making an as- cession contract, what happens to the signment or encumbrance? concessioner’s possessory interest? 51.91 What information may the Director 51.71 What is the process to be followed if require in the application? there is a dispute between the prior con- 51.92 What are standard proformas? cessioner and the Director as to the 51.93 If the transaction includes more than value of possessory interest? one concession contract, how must re- 51.72 If a new concessioner is awarded the quired information be provided? contract, what is the relationship be- 51.94 What information will the Director tween leasehold surrender interest and consider when deciding to approve a possessory interest? transaction? 51.95 Does the Director’s approval of an as- Subpart I—Concession Contract Provisions signment or encumbrance include any representations of any nature? 51.73 What is the term of a concession contract? 51.96 May the Director amend or extend a concession contract for the purpose of fa- 51.74 When may a concession contract be terminated by the Director? cilitating a transaction? 51.75 May the Director segment or split con- 51.97 May the Director open to renegoti- cession contracts? ation or modify the terms of a concession 51.76 May the Director include in a conces- contract as a condition to the approval sion contract or otherwise grant a con- of a transaction? cessioner a preferential right to provide new or additional visitor services? Subpart K—Information and Access to 51.77 Will a concession contract provide a Information concessioner an exclusive right to provide visitor services? 51.98 What records must the concessioner 51.78 Will a concession contract require a keep and what access does the Director franchise fee and will the franchise fee be have to records? subject to adjustment? 51.99 What access to concessioner records 51.79 May the Director waive payment of a will the Comptroller General have? franchise fee or other payments? 51.100 When will the Director make pro- 51.80 How will the Director establish fran- posals and evaluation documents pub- chise fees for multiple outfitter and licly available?

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Subpart L—The Effect of the 1998 Act’s fects any provision of the Alaska Na- Repeal of the 1965 Act tional Interest Lands Conservation Act (16 U.S.C. 3101 et seq.) relating to rev- 51.101 Did the 1998 Act repeal the 1965 Act? enue-producing visitor services. 51.102 What is the effect of the 1998 Act’s repeal of the 1965 Act’s preference in re- § 51.2 What is the policy underlying newal? concessions contracts? 51.103 Severability. It is the policy of the Congress and Subpart M—Information Collection the Secretary that visitor services in park areas may be provided only under 51.104 Have information collection proce- carefully controlled safeguards against dures been followed? unregulated and indiscriminate use so AUTHORITY: The Act of August 25, 1916, as that visitation will not unduly impair amended and supplemented, 16 U.S.C. 1 et park values and resources. Develop- seq., particularly, 16 U.S.C. 3 and Title IV of ment of visitor services in park areas the National Parks Omnibus Management Act of 1998 (Pub. L. 105–391). will be limited to locations that are consistent to the highest practicable SOURCE: 65 FR 20668, Apr. 17, 2000, unless degree with the preservation and con- otherwise noted. servation of the resources and values of the park area. It is also the policy of Subpart A—Authority and Purpose the Congress and the Secretary of the Interior that development of visitor § 51.1 What does this part cover? services in park areas must be limited This part covers the solicitation, to those as are necessary and appro- award, and administration of conces- priate for public use and enjoyment of sion contracts. The Director solicits, the park area in which they are lo- awards and administers concession cated. contracts on behalf of the Secretary under the authority of the Act of Au- Subpart B—General Definitions gust 25, 1916, as amended and supplemented, 16 U.S.C. 1 et seq. and Title IV § 51.3 How are terms defined in this of the National Parks Omnibus Man- part? agement Act of 1998 (Public Law 105– To understand this part, you must 391). The purpose of concession con- refer to these definitions, applicable in tracts is to authorize persons (conces- the singular or the plural, whenever sioners) to provide visitor services in these terms are used in this part: park areas. All concession contracts The 1965 Act means Public Law 89–249, are to be consistent with the require- commonly known as the National Park ments of this part. In accordance with Service Concession Policies Act of 1965. section 403 of the 1998 Act, the Director A 1965 Act concession contract is a con- will utilize concession contracts to au- cession contract or permit entered into thorize the provision of visitor services under the authority of the 1965 Act. in park areas, except as may otherwise The 1998 Act means Title IV of Public be authorized by law. For example, the Law 105–391. Director may enter into commercial The award of a concession contract is use authorizations under section 418 of the establishment of a legally binding the 1998 Act and may enter into agree- concession contract. It occurs only ments with non-profit organizations when the Director and a selected offer- for the sale of interpretive materials or both fully execute a concession con- and conduct of interpretive programs tract. for a fee or charge in park areas. In ad- A concession contract (or contract) dition, the Director may, as part of an means a binding written agreement be- interpretive program agreement other- tween the Director and a concessioner wise authorized by law, authorize a entered under the authority of this non-profit organization to provide inci- part or the 1965 Act that authorizes the dental visitor services that are nec- concessioner to provide certain visitor essary for the conduct of the interpre- services within a park area under spective program. Nothing in this part ified terms and conditions. Concession amends, supersedes, or otherwise af- contracts are not contracts within the

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meaning of 41 U.S.C. 601 et seq. (the concession contract. Possessory inter- Contract Disputes Act) and are not est, for the purposes of this part, does service or procurement contracts with- not include any interest in property in in the meaning of statutes, regulations which no possessory interest, as de- or policies that apply only to federal fined by the 1965 Act, exists. service contracts or other types of fed- A possessory interest concession con- eral procurement actions. Concession tract means a 1965 Act concession con- contracts will contain such terms and tract that provides the concessioner a conditions as are required by this part possessory interest. or law and as are otherwise appropriate A preferred offeror is a concessioner in furtherance of the purposes of this that the Director determines is eligible part and the 1998 Act. to exercise a right of preference to the A concessioner is an individual, cor- award of a qualified concession con- poration, or other legally recognized tract in accordance with this part. entity that duly holds a concession A qualified concession contract is a contract. new concession contract that the Di- Director means the Director of the rector determines to be a qualified con- National Park Service (acting on be- cession contract for right of preference half of the Secretary), or an authorized purposes. representative of the Director, except A qualified person is an individual, where a particular official is specifi- corporation or other legally recognized cally identified in this part. In cir- entity that the Director determines cumstances where this part calls for an has the experience and financial ability appeal to the Director, the appeal shall to satisfactorily carry out the terms of be considered by an official of higher a concession contract. This experience authority than the official that made and financial ability includes, but is the disputed decision. not limited to, the ability to protect A franchise fee is the consideration and preserve the resources of the park paid to the Director by a concessioner area and the ability to provide satisfac- for the privileges granted by a conces- tory visitor services at reasonable sion contract. rates to the public. Offeror means an individual, corpora- A responsive proposal means a timely tion, or other legally recognized entity, submitted proposal that is determined including an existing concessioner, by the Director as agreeing to all of that submits a proposal for a conces- the minimum requirements of the pro- sion contract. If the entity that is to posed concession contract and pro- be the concessioner is not formally in spectus and as having provided the in- existence as of the time of submission formation required by the prospectus. of a proposal, a proposal must dem- A right of preference is the pref- onstrate that the individuals or organi- erential right of renewal set forth in zations that intend to establish the en- Section 403(7)(C) of the 1998 Act which tity that will become the concessioner requires the Director to allow a pre- have the ability and are legally obliged ferred offeror the opportunity to match to cause the entity to be a qualified the terms and conditions of a com- person as defined in this part. In addi- peting responsive proposal that the Di- tion, if the entity that will be the con- rector has determined to be the best cessioner is not established at the time proposal for a qualified concession con- of submission of a proposal, the pro- tract. A right of preference does not posal must contain assurances satisfac- provide any rights of any nature to es- tory to the Director that the entity tablish or negotiate the terms and con- that will be the concessioner will be a ditions of a concession contract to qualified person as of the date of the which a right of preference may apply. award of the contract and otherwise Visitor services means accommoda- have the ability to carry out the com- tions, facilities and services deter- mitments made in the proposal. mined by the Director as necessary and 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

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or charge paid by the visitor may be di- tract, include, but are not limited to rect or indirect as part of the provision the following: of comprehensive visitor services (e.g., (1) The minimum acceptable fran- when a lodging concessioner may pro- chise fee or other forms of consider- vide free transportation services to ation to the Government; guests). Visitor services may include, (2) The minimum visitor services but are not limited to, lodging, camp- that the concessioner is to be author- grounds, food service, merchandising, ized to provide; tours, recreational activities, guiding, (3) The minimum capital investment, transportation, and equipment rental. if any, that the concessioner must Visitor services also include the sale of make; interpretive materials or the conduct (4) The minimum measures that the of interpretive programs for a fee or concessioner must take to ensure the charge to visitors. protection, conservation, and preservation of the resources of the park area; Subpart C—Solicitation, Selection and (5) Any other minimum requirements and Award Procedures that the new contract may specify, including, as appropriate and without § 51.4 How will the Director invite the general public to apply for the limitation, measurable performance award of a concession contract? standards; (b) The terms and conditions of a cur- (a) The Director must award all con- rent concession contract, if any, relat- cession contracts, except as otherwise ing to the visitor services to be pro- expressly provided in this part, vided, including all fees and other through a public solicitation process. forms of compensation provided to the The public solicitation process begins Director under such contract; with the issuance of a prospectus. The (c) A description of facilities and prospectus will invite the general pub- services, if any, that the Director may lic to submit proposals for the con- provide to the concessioner under the tract. The prospectus will describe the terms of the concession contract, in- terms and conditions of the concession cluding, but not limited to, public ac- contract to be awarded and the proce- cess, utilities and buildings; dures to be followed in the selection of (d) An estimate of the amount of any the best proposal. compensation due a current conces- (b) Except as provided under § 51.47 sioner from a new concessioner under (which calls for a final administrative the terms of an existing or prior con- decision on preferred offeror appeals cession contract; prior to the selection of the best pro- (e) A statement identifying each posal) the terms, conditions and deter- principal selection factor for proposals, minations of the prospectus and the including subfactors, if any, and sec- terms and conditions of the proposed ondary factors, if any, and the weight concession contract as described in the and relative importance of the prin- prospectus, including, without limita- cipal and any secondary factors in the tion, its minimum franchise fee, are selection decision; not final until the concession contract (f) Such other information related to is awarded. The Director will not issue the proposed concession contract as is a prospectus for a concession contract provided to the Director pursuant to a earlier than eighteen months prior to concession contract or is otherwise the expiration of a related existing available to the Director, as the Direc- concession contract. tor determines is necessary to allow for the submission of competitive pro- § 51.5 What information will the proposals. Among other such necessary in- spectus include? formation a prospectus will contain The prospectus must include the fol- (when applicable) are the gross receipts lowing information: of the current concession contract bro- (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

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contract for the three most recent spectus, not to exceed printing, binding years; merchandise inventories of the and mailing costs. current concessioner for the three most recent years; and the depreciable fixed § 51.10 How long will I have to submit assets and net depreciable fixed assets my proposal? of the current concessioner; and The Director will allow an appro- (g) Identification of a preferred offer- priate period for submission of pro- or for a qualified concession contract, posals that is not less than 60 days un- if any, and, if a preferred offeror exists, less the Director determines that a a description of a right of preference to the award of the concession contract. shorter time is appropriate in the circumstances of a particular solicitation. § 51.6 Will a concession contract be de- Proposals that are not timely sub- veloped for a particular potential mitted will not be considered by the offeror? Director. The terms and conditions of a concession contract must represent the re- § 51.11 May the Director amend, ex- quirements of the Director in accord- tend, or cancel a prospectus or so- ance with the purposes of this part and licitation? must not be developed to accommodate The Director may amend a pro- the capabilities or limitations of any spectus and/or extend the submission potential offeror. The Director must date prior to the proposal due date. not provide a current concessioner or The Director may cancel a solicitation other person any information as to the at any time prior to award of the con- content of a proposed or issued pro- cession contract if the Director deter- spectus that is not available to the mines in his discretion that this action general public. is appropriate in the public interest. § 51.7 How will information be pro- No offeror or other person will obtain vided to a potential offeror after compensable or other legal rights as a the prospectus is issued? result of an amended, extended, can- Material information directly related celed or resolicited solicitation for a to the prospectus and the concession concession contract. contract (except when otherwise publicly available) that the Director pro- § 51.12 Are there any other additional vides to any potential offeror prior to procedures that I must follow to the submission of proposals must be apply for a concession contract? made available to all persons who have The Director may specify in a pro- requested a copy of the prospectus. spectus additional solicitation and/or selection procedures consistent with § 51.8 Where will the Director publish the requirements of this part in the in- the notice of availability of the pro- terest of enhancing competition. Such spectus? additional procedures may include, but The Director will publish notice of are not limited to, issuance of a two- the availability of the prospectus at phased prospectus—a qualifications least once in the Commerce Business phase and a proposal phase. The Direc- Daily or in a similar publication if the tor will incorporate simplified adminis- Commerce Business Daily ceases to be trative requirements and procedures in published. The Director may also publish notices, if determined appropriate prospectuses for concession contracts by the Director, electronically or in that the Director considers are likely local or national newspapers or trade to be awarded to a sole proprietorship magazines. or are likely to have annual gross receipts of less than $100,000. Such sim- § 51.9 How do I get a copy of the pro- plified requirements and procedures spectus? may include, as appropriate and with- The Director will make the pro- out limitation, a reduced application spectus available upon request to all package, a shorter proposal submission interested persons. The Director may period, and a reduction of proposal in- charge a reasonable fee for a pro- formation requirements.

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§ 51.13 When will the Director deter- each of the selection factors on the mine if proposals are responsive? basis of a narrative explanation, dis- The Director will determine if pro- cussing any subfactors when applica- posals are responsive or non-responsive ble. For each selection factor, the Di- prior to or as of the date of selection of rector will assign a score that reflects the best proposal. the determined merits of the proposal under the applicable selection factor § 51.14 What happens if no responsive and in comparison to the other pro- proposals are submitted? posals received, if any. The first four If no responsive proposals are sub- principal selection factors will be mitted, the Director may cancel the so- scored from zero to five. The fifth se- licitation, or, after cancellation, estab- lection factor will be scored from zero lish new contract requirements and to four (with a score of one for agreeing issue a new prospectus. to the minimum franchise fee contained in the prospectus). The sec- § 51.15 May I clarify, amend or supple- ondary factor set forth in § 51.17(b)(1) ment my proposal after it is sub- will be scored from zero to three. Any mitted? additional secondary selection factors (a) The Director may request from set forth in the prospectus will be any offeror who has submitted a timely scored as specified in the prospectus proposal a written clarification of its provided that the aggregate possible proposal. Clarification refers to mak- point score for all additional secondary ing clear any ambiguities that may selection factors may not exceed a have been contained in a proposal but total of three. does not include amendment or sup- (b) The Director will then assign a plementation of a proposal. An offeror cumulative point score to each pro- may not amend or supplement a proposal based on the assigned score for posal after the submission date unless each selection factor. requested by the Director to do so and (c) The responsive proposal with the the Director provides all offerors that highest cumulative point score will be submitted proposals a similar oppor- selected by the Director as the best tunity to amend or supplement their proposal. If two or more responsive proposals. Permitted amendments proposals receive the same highest must be limited to modifying par- point score, the Director will select as ticular aspects of proposals resulting the best proposal (from among the re- from a general failure of offerors to un- sponsive proposals with the same high- derstand particular requirements of a est point score), the responsive pro- prospectus or a general failure of posal that the Director determines on offerors to submit particular informa- the basis of a narrative explanation tion required by a prospectus. will, on an overall basis, best achieve (b) A proposal may suggest changes the purposes of this part. Consideration to the terms and conditions of a proof revenue to the United States in this posed concession contract and still be determination and in scoring proposals considered as responsive so long as the under principal selection factor five suggested changes are not conditions will be subordinate to the objectives of to acceptance of the terms and condi- protecting, conserving, and preserving tions of the proposed concession con- the resources of the park area and of tract. The fact that a proposal may providing necessary and appropriate suggest changes to the proposed con- visitor services to the public at reason- cession contract does not mean that able rates. the Director may accept those changes without a resolicitation of the conces- § 51.17 What are the selection factors? sion opportunity. (a) The five principal selection factors are: § 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;

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(2) The responsiveness of the proposal secondary factors to describe specific to the objectives, as described in the elements of the selection factor. prospectus, of providing necessary and appropriate visitor services at reason- § 51.18 When must the Director reject able rates; a proposal? (3) The experience and related back- The Director must reject any pro- ground of the offeror, including the posal received, regardless of the fran- past performance and expertise of the chise fee offered, if the Director makes offeror in providing the same or simi- any of the following determinations: lar visitor services as those to be pro- the offeror is not a qualified person as vided under the concession contract; defined in this part; The offeror is not (4) The financial capability of the of- likely to provide satisfactory service; feror to carry out its proposal; and the proposal is not a responsive pro- (5) The amount of the proposed min- posal as defined in this part; or, the imum franchise fee, if any, and/or other proposal is not responsive to the objec- forms of financial consideration to the tives of protecting and preserving the Director. However, consideration of resources of the park area and of pro- revenue to the United States will be viding necessary and appropriate serv- subordinate to the objectives of pro- ices to the public at reasonable rates. tecting, conserving, and preserving re- § 51.19 Must the Director award the sources of the park area and of pro- concession contract that is set forth viding necessary and appropriate vis- in the prospectus? itor services to the public at reason- Except for incorporating into the able rates. concession contract appropriate ele- (b) The secondary selection factors ments of the best proposal, the Direc- are: tor must not award a concession con- (1) The quality of the offeror’s pro- tract which materially amends or does posal to conduct its operations in a not incorporate the terms and condi- manner that furthers the protection, tions of the concession contract as set conservation and preservation of park forth in the prospectus. area and other resources through environmental management programs and § 51.20 Does this part limit the author- activities, including, without limita- ity of the Director? tion, energy conservation, waste reduc- Nothing in this part may be con- tion, and recycling. A prospectus may strued as limiting the authority of the exclude this secondary factor if the Director at any time to determine prospectus solicits proposals for a con- whether to solicit or award a conces- cession contract that is anticipated to sion contract, to cancel a solicitation, have annual gross receipts of less than or to terminate a concession contract $100,000 and the activities that will be in accordance with its terms. conducted under the contract are determined by the Director as likely to § 51.21 When must the selected offeror have only limited impacts on the re- execute the concession contract? sources of the park area; and The selected offeror must execute the (2) Any other selection factors the concession contract promptly after se- Director may adopt in furtherance of lection of the best proposal and within the purposes of this part, including the time established by the Director. If where appropriate and otherwise per- the selected offeror fails to execute the mitted by law, the extent to which a concession contract in this period, the proposal calls for the employment of Director may select another responsive Indians (including Native Alaskans) proposal or may cancel the selection and/or involvement of businesses owned and resolicit the concession contract. by Indians, Indian tribes, Native Alas- kans, or minority or women-owned § 51.22 When may the Director award businesses in operations under the pro- the concession contract? posed concession contract. Before awarding a concession con- (c) A prospectus may include subfac- tract with anticipated annual gross re- tors under each of the principal and ceipts in excess of $5,000,000 or of more

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than 10 years in duration, or, pursuant § 51.24 May the Director award a tem- to § 51.24(b), the Director must submit porary concession contract without the concession contract to the Com- a public solicitation? mittee on Resources of the House of (a) Notwithstanding the public solici- Representatives and the Committee on tation requirements of this part, the Energy and Natural Resources of the Director may award non-competitively Senate. The Director must not award a temporary concession contract or any such concession contract until 60 contracts for consecutive terms not to days after the submission. Award of exceed three years in the aggregate, these contracts may not be made with- e.g., the Director may award one tem- out the Director’s written approval. porary contract with a three year The Director may not delegate this ap- term, two consecutive temporary contracts, one with a two year term and proval except to a Deputy Director or one with a one year term, or three con- an Associate Director. The Director secutive temporary contracts with a may award a concession contract that term of one year each, to any qualified is not subject to these or other special person for the conduct of particular award requirements at any time after visitor services in a park area if the Di- selection of the best proposal and exe- rector determines that the award is cution of the concession contract by necessary to avoid interruption of vis- the offeror. itor services. Before determining to award a temporary concession con- Subpart D—Non-Competitive tract, the Director must take all rea- Award of Concession Contracts sonable and appropriate steps to consider alternatives to avoid an interrup- § 51.23 May the Director extend an ex- tion of visitor services. Further, the isting concession contract without Director must publish notice in the a public solicitation? FEDERAL REGISTER of the proposed Notwithstanding the public solicita- temporary concession contract at least 30 days in advance of its award (except tion requirements of this part, the Di- in emergency situations). A temporary rector may award non-competitively concession contract may not be ex- an extension or extensions of an exist- tended. A temporary concession con- ing concession contract to the current tract may not be awarded to continue concessioner for additional terms not visitor services provided under an ex- to exceed three years in the aggregate, tended concession contract except as e.g., the Director may award one exten- permitted by paragraph (b) of this sec- sion with a three year term, two con- tion. secutive extensions, one with a two (b) Notwithstanding the last sentence year term and one with a one year of paragraph (a) of this section, the Di- term, or three consecutive extensions rector may award a temporary conces- with a term of one year each. The Di- sion contract for consecutive terms not rector may award such extensions only to exceed three years in the aggregate if the Director determines that the ex- to authorize the continuing conduct of tension is necessary to avoid interrup- visitor services that were conducted tion of visitor services. Before deter- under a concession contract that was mining to award such a contract exten- in effect as of November 13, 1998, and sion, the Director must take all rea- that either had been extended as of sonable and appropriate steps to con- that date or was due to expire by De- sider alternatives to avoid an interrup- cember 31, 1998, and was subsequently tion of visitor services. Further, the extended. The Director must person- Director must publish notice in the ally approve the award of a temporary concession contract in these cir- FEDERAL REGISTER of the proposed ex- cumstances and may do so only if the tension at least 30 days in advance of Director determines that the award is the award of the extension (except in necessary to avoid interruption of vis- emergency situations). itor services and that all reasonable alternatives to the award of the temporary concession contract have been

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considered and found infeasible. The ISTER at least 60 days before the con- Director must publish a notice of his cession contract is awarded. In addi- intention to award a temporary conces- tion, the Director also must notify the sion contract to a specified person Committee on Energy and Natural Re- under this paragraph and the reasons sources of the Senate and the Com- for the proposed award in the FEDERAL mittee on Resources of the House of REGISTER at least 60 days before the Representatives at least 60 days before temporary concession contract is the contract is awarded. The Director awarded. In addition, the Director must personally approve any such must notify the Committee on Energy award and may only do so with the and Natural Resources of the Senate prior written approval of the Sec- and the Committee on Resources of the retary. House of Representatives of the proposed award of a temporary concession Subpart E—Right of Preference to contract under this paragraph at least a New Concession Contract 60 days before the temporary concession contract is awarded. A temporary § 51.26 What solicitation, selection and concession contract awarded under the award procedures apply when a authority of this paragraph will be con- preferred offeror exists? sidered as a contract extension for pur- The solicitation, selection and award poses of determining the existence of a procedures described in this part will preferred offeror under § 51.44. apply to the solicitation, selection and (c) A concessioner holding a tem- award of contracts for which a pre- porary concession contract will not be ferred offeror exists, except as modified eligible for a right of preference to a by this subpart, subpart F and other qualified concession contract which re- sections of this part related to pre- places a temporary contract unless the ferred offerors and/or a right of pref- concessioner holding the temporary erence. concession contract was determined or was eligible to be determined a pre- § 51.27 Who is a preferred offeror and ferred offeror under the extended con- what are a preferred offeror’s cession contract that was replaced by rights to the award of a new con- the temporary concession contract cession contract? under paragraph (b) of this section. (a) A preferred offeror is a concessioner that the Director has deter- § 51.25 Are there any other cir- mined is eligible to exercise a right of cumstances in which the Director preference to the award of a qualified may award a concession contract new concession contract in accordance without public solicitation? with this part. Notwithstanding the public solicita- (b) A right of preference is the right tion requirements of this part, the Di- of a preferred offeror, if it submits a re- rector may award a concession con- sponsive proposal for a qualified contract non-competitively to any quali- cession contract, to match in accord- fied person if the Director determines ance with the requirements of this part both that such an award is otherwise the terms and conditions of a com- consistent with the requirements of peting proposal that the Director has this part and that extraordinary cir- determined to be the best responsive cumstances exist under which compel- proposal. ling and equitable considerations require the award of the concession con- § 51.28 When will the Director deter- tract to a particular qualified person in mine whether a concessioner is a the public interest. Indisputable equi- preferred offeror? table considerations must be the deter- Subject to §§ 51.46 and 51.47, the Di- minant of such circumstances. The Di- rector will determine whether a con- rector must publish a notice of his in- cessioner is a preferred offeror in ac- tention to award a concession contract cordance with this part no later than to a specified person under these cir- the date of issuance of a prospectus for cumstances and the reasons for the the applicable new concession con- proposed award in the FEDERAL REG- tract.

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§ 51.29 How will I know when a pre- § 51.33 What if a preferred offeror does ferred offeror exists? not timely amend its proposal to meet the terms and conditions of If the Director has determined that a the best proposal? preferred offeror exists for a qualified concession contract under this part, If a preferred offeror does not amend the Director will identify the preferred its proposal to meet the terms and con- offeror in the applicable prospectus and ditions of the best proposal within the describe the preferred offeror’s right of time period allowed by the Director, preference. the Director will select for award of the contract the offeror that submitted § 51.30 What must a preferred offeror the best responsive proposal. do before it may exercise a right of preference? § 51.34 What will the Director do if a selected preferred offeror does not A preferred offeror must submit a re- timely execute the new concession sponsive proposal pursuant to the contract? terms of an applicable prospectus for a If a selected preferred offeror fails to qualified concession contract if the execute the concession contract in the preferred offeror wishes to exercise a time period specified by the Director, right of preference. the Director either will select for award of the concession contract the § 51.31 What happens if a preferred of- offeror that submitted the best respon- feror does not submit a responsive proposal? sive proposal, or will cancel the solicitation and may resolicit the concession If a preferred offeror fails to submit a contract but only without recognition responsive proposal, the offeror may of a preferred offeror or right of pref- not exercise a right of preference. The erence. concession contract will be awarded to the offeror submitting the best respon- § 51.35 What happens to a right of sive proposal. preference if the Director receives no responsive proposals? § 51.32 What is the process if the Di- If the Director receives no responsive rector determines that the best re- proposals, including a responsive pro- sponsive proposal was not submitted by a preferred offeror? posal from a preferred offeror, in response to a prospectus for a qualified If the Director determines that a pro- concession contract for which a pre- posal other than the responsive pro- ferred offeror exists, the Director must posal submitted by a preferred offeror cancel the solicitation and may re- is the best proposal submitted for a solicit the concession contract or take qualified concession contract, then the other appropriate action in accordance Director must advise the preferred of- with this part. No right of preference feror of the better terms and condi- will apply to a concession contract re- tions of the best proposal and permit solicited under this section unless the the preferred offeror to amend its pro- contract is resolicited upon terms and posal to match them. An amended pro- conditions materially more favorable posal must match the better terms and to offerors than those contained in the conditions of the best proposal as de- original contract. termined by the Director. If the preferred offeror duly amends its proposal Subpart F—Determining a within the time period allowed by the Preferred Offeror Director, and the Director determines that the amended proposal matches the § 51.36 What conditions must be met better terms and conditions of the best before the Director determines that proposal, then the Director must select a concessioner is a preferred offer- the preferred offeror for award of the or? contract upon the amended terms and A concessioner is a preferred offeror conditions, subject to other applicable if the Director determines that the fol- requirements of this part. lowing conditions are met:

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(a) The concessioner was a satisfac- activity and to provide a safe and en- tory concessioner during the term of joyable experience for these visitors. its concession contract as determined under this part; § 51.39 What are some examples of out- (b) The applicable new contract is a fitter and guide concession con- qualified concession contract as deter- tracts? mined under this part; and Outfitter and guide concession con- (c) If applicable, the concessioner’s tracts may include, but are not limited previous concession contract was an to, concession contracts which solely outfitter and guide concession contract authorize or require the guided conduct as determined under this part. of river running, hunting (where other- § 51.37 How will the Director deter- wise lawful in a park area), fishing, mine that a new concession con- horseback, camping, and mountain- tract is a qualified concession con- eering activities in the backcountry of tract? a park area. A new concession contract is a qualified concession contract if the Director § 51.40 What are some factors to be determines that: considered in determining that out- (a) The new concession contract pro- fitter and guide operations are con- vides for the continuation of the vis- ducted in the backcountry? itor services authorized under a pre- Determinations as to whether out- vious concession contract. The visitor fitter and guide operations are con- services to be continued under the new ducted in the backcountry of a park contract may be expanded or dimin- area will be made on a park-by-park ished in scope but, for purposes of a basis, taking into account the park qualified concession contract, may not area’s particular geographic cir- materially differ in nature and type cumstances. Factors that generally from those authorized under the pre- may indicate that outfitter and guide vious concession contract; and either operations are conducted in the (b) The new concession contract that backcountry of a park area include, is to replace the previous concession without limitation, the fact that: contract is estimated to result in, as determined by the Director, annual (a) The operations occur in areas re- gross receipts of less than $500,000 in mote from roads and developed areas; the first 12 months of its term; or (b) The operations are conducted (c) The new concession contract is an within a designated natural area of a outfitter and guide concession contract park area; as described in this part. (c) The operations occur in areas where search and rescue support is not § 51.38 How will the Director deter- readily available; and mine that a concession contract is (d) All or a substantial portion of the an outfitter and guide concession contract? operations occur in designated or proposed wilderness areas. The Director will determine that a concession contract is an outfitter and [65 FR 20668, Apr. 17, 2000; 65 FR 54155, Sept. guide concession contract if the Direc- 7, 2000] tor determines that: (a) The concession contract solely § 51.41 If the concession contract authorizes or requires (except for park grants a compensable interest in area access purposes) the conduct of real property improvements, will specialized outdoor recreation guide the Director find that the concession contract is an outfitter and services in the backcountry of a park guide concession contract? area; and (b) The conduct of operations under The Director will find that a conces- the concession contract requires em- sion contract is not an outfitter and ployment of specially trained and expe- guide contract if the contract grants rienced guides to accompany park visi- any compensable interest in real prop- tors who otherwise may not have the erty improvements on lands owned by skills and equipment to engage in the the United States within a park area.

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§ 51.42 Are there exceptions to this § 51.45 Will a concessioner that has op- compensable interest prohibition? erated for less than the entire term of a concession contract be consid- Two exceptions to this compensable ered a satisfactory operator? interest prohibition exist: (a) The prohibition will not apply to The Director will determine that a real property improvements lawfully concessioner has operated satisfac- constructed by a concessioner with the torily on an overall basis during the written approval of the Director in ac- term of a concession contract only if cordance with the express terms of a the concessioner (including a new concessioner resulting from an assignment 1965 Act concession contract; and as described in this part, including, (b) The prohibition will not apply to without limit, an assignment of a con- real property improvements controlling interest in a concessioner as structed and owned in fee simple by a defined in this part) has or will have concessioner or owned in fee simple by operated for more than two years a concessioner’s predecessor before the under a concession contract with a land on which they were constructed term of more than five years or for one was included within the boundaries of year under a concession contract with the applicable park area. a term of five years or less. For purposes of this section, a new conces- § 51.43 Who will make the determina- sioner’s first day of operation under an tion that a concession contract is an outfitter and guide contract? assigned concession contract (or as a new concessioner after approval of an Only a Deputy Director or an Asso- assignment of a controlling interest in ciate Director will make the deter- a concessioner) will be the day the Di- mination that a concession contract is rector approves the assignment pursu- or is not an outfitter and guide con- ant to this part. If the Director deter- tract. mines that an assignment was com- pelled by circumstances beyond the § 51.44 How will the Director deter- control of the assigning concessioner, mine if a concessioner was satisfac- the Director may make an exception to tory for purposes of a right of pref- the requirements of this section. erence? To be a satisfactory concessioner for § 51.46 May the Director determine the purposes of a right of preference, that a concessioner has not oper- the Director must determine that the ated satisfactorily after a pro- concessioner operated satisfactorily on spectus is issued? an overall basis during the term of its The Director may determine that a applicable concession contract, includ- concessioner has not operated satisfac- ing extensions of the contract. The Di- torily on an overall basis during the rector will base this determination in term of a current concession contract, consideration of annual evaluations and therefore is not a preferred offeror, made by the Director of the conces- after a prospectus for a new contract sioner’s performance under the terms has been issued and prior to the selec- of the applicable concession contract tion of the best proposal submitted in and other relevant facts and cir- response to a prospectus. In circumstances. The Director must deter- cumstances where the usual time of an mine that a concessioner did not oper- annual evaluation of a concessioner’s ate satisfactorily on an overall basis performance may not occur until after the selection of the best proposal sub- during the term of a concession con- mitted in response to a prospectus, the tract if the annual evaluations of the Director will make an annual perform- concessioner made subsequent to May ance evaluation based on a shortened 17, 2000 are less than satisfactory for operations period prior to the selection any two or more years of operation of the best proposal. Such shorter oper- under the concession contract. ations period, however, must encompass at least 6 months of operations from the previous annual performance

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evaluation. In the event the conces- peal results in a concessioner being de- sioner receives a second less than satis- termined a preferred offeror, then the factory annual evaluation (including, concessioner will have a right of pref- without limitation, one based on a erence to the qualified concession con- shortened operations period), the pro- tract as described in and subject to the spectus must be amended to delete a conditions of this part, including, but right of preference or canceled and re- not limited to, the obligation to sub- issued without recognition of a right of mit a responsive proposal pursuant to preference to the new concession con- the terms of the related prospectus. If tract. the appeal results in a determination that a concessioner is not a preferred [65 FR 20668, Apr. 17, 2000; 65 FR 54155, Sept. 7, 2000] offeror, no right of preference will apply to the award of the related con- § 51.47 How does a person appeal a de- cession contract and the award will be cision of the Director that a conces- made in accordance with the require- sioner is or is not a preferred offer- ments of this part. or? (d) No person will be considered as (a) Except as stated in paragraph (b) having exhausted administrative rem- of this section, any person may appeal edies with respect to a determination to the Director a determination that a by the Director that a concessioner is concessioner is or is not a preferred of- or is not a preferred offeror until the feror for the purposes of a right of pref- Director issues a written decision in re- erence in renewal, including, without sponse to an appeal submitted pursu- limitation, whether the applicable new ant to this section, or, where applica- concession contract is or is not a quali- ble, pursuant to an appeal provided by fied concession contract as described in the administrative guidelines described this part. This appeal must specify the in paragraph (b) of this section. The de- grounds for the appeal and be received cision of the Director is final agency by the Director in writing no later action. than 30 days after the date of the determination. If applicable, the Director § 51.48 What happens to a right of may extend the submission date for an preference in the event of termi- appeal under this section upon request nation of a concession contract for by the concessioner if the Director de- unsatisfactory performance or other breach? termines that good cause for an extension exists. Nothing in this part will limit the (b) The appeal provided by this sec- right of the Director to terminate a tion will not apply to determinations concession contract pursuant to its that a concessioner is not a preferred terms at any time for less than satis- offeror as a consequence of two or more factory performance or otherwise. If a less than satisfactory annual evalua- concession contract is terminated for tions as described in this part as the less than satisfactory performance or concessioner is given an opportunity to other breach, the terminated conces- appeal those evaluations after they are sioner, even if otherwise qualified, will made in accordance with applicable ad- not be eligible to be a preferred offeror. ministrative guidelines. The fact that the Director may not (c) The Director must consider an ap- have terminated a concession contract peal under this section personally or for less than satisfactory performance must authorize a Deputy Director or or other breach will not limit the au- Associate Director to consider the ap- thority of the Director to determine peal. The deciding official must pre- that a concessioner did not operate sat- pare a written decision on the appeal, isfactorily on an overall basis during taking into account the content of the the term of a concession contract. appeal, other written information available, and the requirements of this § 51.49 May the Director grant a right part. The written decision on the ap- of preference except in accordance peal must be issued by the date of se- with this part? lection of the best proposal submitted The Director may not grant a conces- in response to a prospectus. If the ap- sioner or any other person a right of

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preference or any other form of entitle- the panel and will be binding on the ment of any nature to a new concession concessioner and the Director. contract, except in accordance with A capital improvement is a structure, this part or in accordance with 36 CFR fixture, or non-removable equipment part 13. provided by a concessioner pursuant to the terms of a concession contract and § 51.50 Does the existence of a pre- located on lands of the United States ferred offeror limit the authority of within a park area. A capital improve- the Director to establish the terms ment does not include any interest in of a concession contract? land. Additionally, a capital improve- The existence of a preferred offeror ment does not include any interest in does not limit the authority of the Di- personal property of any kind includ- rector to establish, in accordance with ing, but not limited to, vehicles, boats, this part, the terms and conditions of a barges, trailers, or other objects, renew concession contract, including, but gardless of size, unless an item of per- not limited to, terms and conditions sonal property becomes a fixture as de- that modify the terms and conditions fined in this part. Concession contracts of a prior concession contract. may further describe, consistent with the limitations of this part and the 1998 Subpart G—Leasehold Surrender Act, the nature and type of specific capital improvements in which a con- Interest cessioner may obtain a leasehold surrender interest. § 51.51 What special terms must I know to understand leasehold sur- Construction cost of a capital improve- render interest? ment means the total of the incurred eligible direct and indirect costs nec- To understand leasehold surrender essary for constructing or installing interest, you must refer to these defini- the capital improvement that are cap- tions, applicable in the singular or the italized by the concessioner in accord- plural, whenever these terms are used ance with Generally Accepted Account- in this part: ing Principals (GAAP). The term ‘‘con- Arbitration means binding arbitration struct’’ or ‘‘construction’’ as used in conducted by an arbitration panel. All this part also means ‘‘install’’ or ‘‘in- arbitration proceedings conducted stallation’’ of fixtures where applica- under the authority of this subpart or ble. subpart H of this part will utilize the Consumer Price Index means the na- following procedures unless otherwise tional ‘‘Consumer Price Index—All agreed by the concessioner and the Di- Urban Consumers’’ published by the rector. One member of the arbitration Department of Labor. If this index panel will be selected by the conces- ceases to be published, the Director sioner, one member will be selected by will designate another regularly pub- the Director, and the third (neutral) lished cost-of-living index approxi- member will be selected by the two mating the national Consumer Price party-appointed members. The neutral Index. arbiter must be a licensed real estate Depreciation means the loss of value appraiser. The expenses of the neutral in a capital improvement as evidenced arbiter and other associated common by the condition and prospective serv- costs of the arbitration will be borne iceability of the capital improvement equally by the concessioner and the Di- in comparison with a new unit of like rector. The arbitration panel will adopt kind. procedures that treat each party equal- Eligible direct costs means the sum of ly, give each party the opportunity to all incurred capitalized costs (in be heard, and give each party a fair op- amounts no higher than those pre- portunity to present its case. Adjudica- vailing in the locality of the project), tive procedures are not encouraged but that are necessary both for the con- may be adopted by the panel if deter- struction of a capital improvement and mined necessary in the circumstances are typically elements of a construc- of the dispute. Determinations must be tion contract. Eligible direct costs may made by a majority of the members of include, without limitation, the costs

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of (if capitalized in accordance with cial circumstances, floating docks (but GAAP and in amounts no higher than not other types of floating property) those prevailing in the locality of the constructed by a concessioner pursuant project): building permits; materials, to the terms of a leasehold surrender products and equipment used in con- interest concession contract are construction; labor used in construction; sidered to be non-removable equipment security during construction; contrac- for leasehold surrender interest pur- tor’s shack and temporary fencing; ma- poses only. Except as otherwise indi- terial storage facilities; power line in- cated in this part, the term ‘‘fixture’’ stallation and utility costs during con- as used in this part includes the term struction; performance bonds; and con- ‘‘non-removable equipment.’’ tractor’s (and subcontractor’s) profit Leasehold surrender interest solely and overhead (including job super- means a right to payment in accord- vision, worker’s compensation insurance with this part for related capital ance and fire, liability, and unemploy- improvements that a concessioner ment insurance). makes or provides within a park area Eligible indirect costs means, except as on lands owned by the United States provided in the last sentence of this pursuant to this part and under the definition, the sum of all other in- terms and conditions of an applicable curred capitalized costs (in amounts no concession contract. The existence of a higher than those prevailing in the lo- leasehold surrender interest does not cality of the project) necessary for the give the concessioner, or any other per- construction of a capital improvement. son, any right to conduct business in a Eligible indirect costs may include, park area, to utilize the related capital without limitation, the costs of (if cap- improvements, or to prevent the Direc- italized in accordance with GAAP and tor or another person from utilizing in amounts no higher than those pre- the related capital improvements. The vailing in the locality of the project): existence of a leasehold surrender in- architectural and engineering fees for terest does not include any interest in plans, plan checks; surveys to establish the land on which the related capital building lines and grades; environ- improvements are located. mental studies; if the project is fi- Leasehold surrender interest concession nanced, the points, fees or service contract means a concession contract charges and interest on construction that provides for leasehold surrender loans; all risk insurance expenses and interest in capital improvements. ad valorem taxes during construction. The actual capitalized administrative Leasehold surrender interest value expenses (in amounts no higher than means the amount of compensation a those prevailing in the locality of the concessioner is entitled to be paid for a project) of the concessioner for direct, leasehold surrender interest in capital on-site construction inspection are eli- improvements in accordance with this gible indirect costs. Other administra- part. Unless otherwise provided by the tive expenses of the concessioner are terms of a leasehold surrender interest not eligible indirect costs. concession contract under the author- Fixtures and non-removable equipment ity of section 405(a)(4) of the 1998 Act, are manufactured items of personal leasehold surrender interest value in property of independent form and util- existing capital improvements is an ity necessary for the basic functioning amount equal to: of a structure that are affixed to and (1) The initial construction cost of considered to be part of the structure the related capital improvement; such that title is with the Director as (2) Adjusted by (increased or de- real property once installed. Fixtures creased) the same percentage increase and non-removable equipment do not or decrease as the percentage increase include building materials (e.g., wall- or decrease in the Consumer Price board, flooring, concrete, cinder Index from the date the Director ap- blocks, steel beams, studs, window proves the substantial completion of frames, windows, rafters, roofing, fram- the construction of the related capital ing, siding, lumber, insulation, wall- improvement to the date of payment of paper, paint, etc.). Because of their spe- the leasehold surrender interest value;

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(3) Less depreciation of the related Substantial completion of a capital im- capital improvement on the basis of its provement means the condition of a cap- condition as of the date of termination ital improvement construction project or expiration of the applicable lease- when the project is substantially com- hold surrender interest concession con- plete and ready for use and/or occu- tract, or, if applicable, the date on pancy. which a concessioner ceases to utilize a related capital improvement (e.g., § 51.52 How do I obtain a leasehold where the related capital improvement surrender interest? is taken out of service by the Director Leasehold surrender interest conces- pursuant to the terms of a concession sion contracts will contain appropriate contract). leasehold surrender interest terms and Major rehabilitation means a planned, conditions consistent with this part. A comprehensive rehabilitation of an ex- concessioner will obtain leasehold sur- isting structure that: render interest in capital improve- (1) The Director approves in advance ments constructed in accordance with and determines is completed within 18 this part and the leasehold surrender months from start of the rehabilitation interest terms and conditions of an ap- work (unless a longer period of time is plicable leasehold surrender interest approved by the Director in special cir- concession contract. cumstances); and § 51.53 When may the Director author- (2) The construction cost of which ex- ize the construction of a capital im- ceeds fifty percent of the pre-rehabili- provement? tation value of the structure. The Director may only authorize or Pre-rehabilitation value of an existing require a concessioner to construct structure means the replacement cost capital improvements on park lands in of the structure less depreciation. accordance with this part and under Real property improvements means real the terms and conditions of a leasehold property other than land, including, surrender interest concession contract but not limited to, capital improve- for the conduct by the concessioner of ments. visitor services, including, without Related capital improvement or related limitation, the construction of capital fixture means a capital improvement in improvements necessary for the con- which a concessioner has a leasehold duct of visitor services. surrender interest. Replacement cost means the estimated § 51.54 What must a concessioner do cost to reconstruct, at current prices, before beginning to construct a cap- an existing structure with utility ital improvement? equivalent to the existing structure, Before beginning to construct any using modern materials and current capital improvement, the concessioner standards, design and layout. must obtain written approval from the Structure means a building, dock, or Director in accordance with the terms similar edifice affixed to the land so as of its leasehold surrender interest con- to be part of the real estate. A struc- cession contract. The request for ap- ture may include both constructed in- proval must include appropriate plans frastructure (e.g., water, power and and specifications for the capital im- sewer lines) and constructed site improvement and any other information provements (e.g., paved roads, retain- that the Director may specify. The re- ing walls, sidewalks, paved driveways, quest must also include an estimate of paved parking areas) that are perma- the total construction cost of the cap- nently affixed to the land so as to be ital improvement. The estimate of the part of the real estate and that are in total construction cost must specify all direct support of the use of a building, elements of the cost in such detail as is dock, or similar edifice. Landscaping necessary to permit the Director to de- that is integral to the construction of termine that they are elements of con- a structure is considered as part of a struction cost as defined in this part. 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

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any change orders to a capital im- time review a construction cost deter- provement project and to any additions mination (subject to arbitration under to a structure or replacement of fix- § 51.57) if the Director has reason to be- tures as described in this part.) lieve that it was based on false, mis- leading or incomplete information. § 51.55 What must a concessioner do after substantial completion of the [66 FR 35083, July 3, 2001] capital improvement? § 51.57 How does a concessioner re- Upon substantial completion of the quest arbitration of the construc- construction of a capital improvement tion cost of a capital improvement? in which the concessioner is to obtain a leasehold surrender interest, the con- If a concessioner requests arbitration cessioner must provide the Director a of the construction cost of a capital detailed construction report. The con- improvement determined by the Direc- struction report must be supported by tor, the request must be made in writ- actual invoices of the capital improve- ing to the Director within 3 months of ment’s construction cost together the date of the Director’s determina- with, if requested by the Director, a tion of construction cost under § 51.56. written certification from a certified The arbitration procedures are de- public accountant. The construction scribed in § 51.51. The decision of the ar- report must document, and any re- bitration panel as to the construction quested certification by the certified cost of the capital improvement will be public accountant must certify, that binding on the concessioner and the Di- all components of the construction rector. cost were incurred and capitalized by [66 FR 35083, July 3, 2001] the concessioner in accordance with GAAP, and that all components are eli- § 51.58 What actions may or must the gible direct or indirect construction concessioner take with respect to a costs as defined in this part. Invoices leasehold surrender interest? for additional construction costs of ele- The concessioner: ments of the project that were not (a) May encumber a leasehold sur- completed as of the date of substantial render interest in accordance with this completion may subsequently be subpart, but only for the purposes speci- mitted to the Director for inclusion in fied in this part; the project’s construction cost. (b) Where applicable, must transfer in accordance with this part its lease- § 51.56 How will the construction cost hold surrender interest in connection for purposes of leasehold surrender interest value be determined? with any assignment, termination or expiration of the concession contract; After receiving the detailed construc- and tion report (and certification, if re- (c) May relinquish or waive a lease- quested), from the concessioner, the hold surrender interest. Director will review the report, certification and other information as appro- § 51.59 Will a leasehold surrender in- priate to determine that the reported terest be extinguished by expira- construction cost is consistent with tion or termination of a leasehold the construction cost approved by the surrender interest concession con- Director in advance of the construction tract or may it be taken for public and that all costs included in the con- use? struction cost are eligible direct or in- A leasehold surrender interest may direct costs as defined in this part. The not be extinguished by the expiration construction cost determined by the or termination of a concession contract Director will be the final determina- and a leasehold surrender interest may tion of construction cost for purposes not be taken for public use except on of the leasehold surrender interest payment of just compensation. Pay- value in the related capital improvement of leasehold surrender interest ment unless the concessioner requests value pursuant to this part will con- arbitration of the construction cost stitute the payment of just compensa- under § 51.57. The Director may at any tion for leasehold surrender interest

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within the meaning of this part and for tion or termination of the concession all other purposes. contract, or, if applicable, the date the concessioner ceases to utilize the cap- § 51.60 How will a new concession con- ital improvements under the terms of a tract awarded to an existing con- concession contract. cessioner treat a leasehold sur- (b) In the event that extraordinary render interest obtained under a prior concession contract? circumstances beyond the control of the Director prevent the Director from When a concessioner under a lease- making the leasehold surrender inter- hold surrender interest concession con- est value payment as of the date of ex- tract is awarded a new concession con- piration or termination of the lease- tract by the Director, and the new con- hold surrender interest concession concession contract continues a leasehold tract, or, as of the date a concessioner surrender interest in related capital ceases to utilize related capital im- improvements, then the concessioner’s provements under the terms of a con- leasehold surrender interest value (es- cession contract, the payment when tablished as of the date of expiration or made will include interest on the termination of its prior concession con- amount that was due on the date of ex- tract) in the related capital improve- piration or termination of the conces- ments will be continued as the initial sion contract or cessation of use for value (instead of initial construction the period after the payment was due cost) of the concessioner’s leasehold until payment is made (in addition to surrender interest under the terms of the inclusion of a continuing Consumer the new concession contract. No com- Price Index adjustment until the date pensation will be due the concessioner payment is made). The rate of interest for its leasehold surrender interest or will be the applicable rate of interest otherwise in these circumstances ex- established by law for overdue obliga- cept as provided by this part. tions of the United States. The payment for a leasehold surrender interest § 51.61 How is an existing concessioner who is not awarded a new conces- value will be made within one year sion contract paid for a leasehold after the expiration or termination of surrender interest? the concession contract or the ces- (a) When a concessioner is not award- sation of use of related capital im- ed a new concession contract after ex- provements under the terms of a con- piration or termination of a leasehold cession contract. surrender interest concession contract, § 51.62 What is the process to deter- or, the concessioner, prior to such termine the leasehold surrender inter- mination or expiration, ceases to uti- est value when the concessioner lize under the terms of a concession does not seek or is not awarded a contract capital improvements in new concession contract? which the concessioner has a leasehold Leasehold surrender interest conces- surrender interest, the concessioner sion contracts must contain provisions will be entitled to be paid its leasehold under which the Director and the con- surrender interest value in the related cessioner will seek to agree in advance capital improvements. The leasehold of the expiration or other termination surrender interest will not be trans- of the concession contract as to what ferred until payment of the leasehold the concessioner’s leasehold surrender surrender interest value. The date for interest value will be on a unit-by-unit payment of the leasehold surrender in- basis as of the date of expiration or ter- terest value, except in special cir- mination of the concession contract. In cumstances beyond the Director’s con- the event that agreement cannot be trol, will be the date of expiration or reached, the provisions of the leasehold termination of the leasehold surrender surrender interest concession contract interest contract, or the date the con- must provide for the Director to make cessioner ceases to utilize related cap- a final determination of leasehold sur- ital improvements under the terms of a render interest value unless binding ar- concession contract. Depreciation of bitration as to the value is requested the related capital improvements will by the concessioner. The arbitration be established as of the date of expira- procedures are described in § 51.51. A

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prior decision as to the construction tures are subject to the same require- cost of capital improvements made by ments and conditions applicable to new the Director or by an arbitration panel construction as described in this part. in accordance with this part are final and not subject to further arbitration. § 51.65 May the concessioner gain additional leasehold surrender inter- [66 FR 35083, July 3, 2001] est by replacing a fixture in which § 51.63 When a new concessioner pays the concessioner has a leasehold a prior concessioner for a leasehold surrender interest? surrender interest, what is the A concessioner that replaces an ex- leasehold surrender interest in the isting fixture in which the concessioner related capital improvements for purposes of a new concession con- has a leasehold surrender interest with tract? a new fixture will increase its lease- A new leasehold surrender interest hold surrender interest by the amount concession contract awarded to a new of the construction cost of the replace- concessioner will require the new con- ment fixture less the construction cost cessioner to pay the prior concessioner of the replaced fixture. its leasehold surrender interest value in existing capital improvements as de- § 51.66 Under what conditions will a termined under § 51.62. The new conces- concessioner obtain a leasehold sur- sioner upon payment will have a lease- render interest in existing real property improvements in which no hold surrender interest in the related leasehold surrender interest exists? capital improvements on a unit-by-unit basis under the terms of the new lease- (a) A concession contract may re- hold surrender interest contract. In- quire the concessioner to replace fix- stead of initial construction cost, the tures in real property improvements in initial value of such leasehold sur- which there is no leasehold surrender render interest will be the leasehold interest (e.g., fixtures attached to an surrender interest value that the new existing government facility assigned concessioner was required to pay the by the Director to the concessioner). A prior concessioner. leasehold surrender interest will be obtained by the concessioner in such fix- § 51.64 May the concessioner gain additional leasehold surrender inter- tures subject to the approval and deter- est by undertaking a major reha- mination of construction cost and bilitation or adding to a structure other conditions contained in this part. in which the concessioner has a (b) A concession contract may re- leasehold surrender interest? quire the concessioner to undertake a A concessioner that, with the written major rehabilitation of a structure in approval of the Director, undertakes a which there is no leasehold surrender major rehabilitation or adds a new interest (e.g., a government-con- structure (e.g., a new wing to an exist- structed facility assigned to the con- ing building or an extension of an ex- cessioner). Upon substantial comple- isting sidewalk) to an existing struction of the major rehabilitation, the ture in which the concessioner has a concessioner will obtain a leasehold leasehold surrender interest, will in- surrender interest in the structure. crease its leasehold surrender interest The initial construction cost of this in the related structure, effective as of leasehold surrender interest will be the the date of substantial completion of construction cost of the major rehabili- the major rehabilitation or new structure, by the construction cost of the tation. Depreciation for purposes of major rehabilitation or new structure. leasehold surrender interest value will The Consumer Price Index adjustment apply only to the rehabilitated compo- for leasehold surrender interest value nents of the related structure. purposes will apply to the construction cost as of the date of substantial completion of the major rehabilitation or new structure. Approvals for major rehabilitations and additions to struc-

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§ 51.67 Will a concessioner obtain is to ensure that the value is con- leasehold surrender interest as a sistent with the terms and conditions result of repair and maintenance of of the possessory interest concession real property improvements? contract. If a new concessioner and a A concessioner will not obtain initial prior concessioner engage in a binding or increased leasehold surrender inter- process to resolve a dispute as to the est as a result of repair and mainte- value of the prior concessioner’s nance of real property improvements possessory interest, the new conces- unless a repair and maintenance sioner must allow the Director to as- project is a major rehabilitation. sist the new concessioner in the dispute process to the extent requested by Subpart H—Possessory Interest the Director. Nothing in this section may be construed as limiting the § 51.68 If a concessioner under a 1965 Act concession contract is not rights of the prior concessioner to be awarded a new concession contract, paid for its possessory interest or other how will a concessioner that has a property by a new concessioner in ac- possessory interest receive com- cordance with the terms of its conces- pensation for its possessory inter- sion contract. est? A concessioner that has possessory § 51.70 If a concessioner under a 1965 interest in real property improvements Act concession contract is awarded pursuant to the terms of a 1965 Act a new concession contract, what concession contract, will, if the prior happens to the concessioner’s concessioner does not seek or is not possessory interest? awarded a new concession contract In the event a concessioner under a upon expiration or other termination 1965 Act concession contract is awarded of its 1965 Act concession contract, be a new concession contract replacing a entitled to receive compensation for its possessory interest concession con- possessory interest in the amount and tract, the concessioner will obtain a manner described by the possessory interest concession contract. The conces- leasehold surrender interest in its ex- sioner shall also be entitled to receive isting possessory interest real property all other compensation, including any improvements under the terms of the compensation for property in which new concession contract. The conces- there is no possessory interest, to the sioner will carry over as the initial extent and in the manner that the value of such leasehold surrender inter- possessory interest contract may pro- est (instead of initial construction vide. cost) an amount equal to the value of its possessory interest in real property § 51.69 What happens if there is a dis- improvements as of the expiration or pute between the new concessioner other termination of its possessory in- and a prior concessioner as to the value of the prior concessioner’s terest contract. This leasehold sur- possessory interest? render interest will apply to the concessioner’s possessory interest in real In case of a dispute between a new concessioner and a prior concessioner property improvements even if the real as to the value of the prior conces- property improvements are not capital sioner’s possessory interest, the dis- improvements as defined in this part. pute will be resolved under the proce- In the event that the concessioner had dures contained in the possessory in- a possessory interest in only a portion terest concession contract. A new con- of a structure, depreciation for pur- cessioner will not agree on the value of poses of leasehold surrender interest a prior concessioner’s possessory inter- value under the new concession con- est without the prior written approval tract will apply only to the portion of of the Director unless the value is de- the structure to which the possessory termined through the binding deter- interest applied. The concessioner and mination process required by the the Director will seek to agree on an possessory interest concession con- allocation of the leasehold surrender tract. The Director’s written approval interest value on a unit by unit basis.

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§ 51.71 What is the process to be fol- Subpart I—Concession Contract lowed if there is a dispute between Provisions the prior concessioner and the Di- rector as to the value of possessory § 51.73 What is the term of a conces- interest? sion contract? Unless other procedures are agreed to A concession contract will generally by the concessioner and the Director, be awarded for a term of 10 years or in the event that a concessioner under less unless the Director determines a possessory interest concession con- that the contract terms and condi- tract is awarded a new concession con- tions, including the required construc- tract and there is a dispute between tion of capital improvements, warrant the concessioner and the Director as to a longer term. It is the policy of the the value of such possessory interest, Director under these requirements that or, a dispute as to the allocation of an the term of concession contracts established overall possessory interest should be as short as is prudent, taking value on a unit by unit basis, the value into account the financial require- and/or allocation will be established by ments of the concession contract, re- arbitration in accordance with the source protection and visitor needs, terms and conditions of this part. The and other factors the Director may arbitration procedures are described in deem appropriate. In no event will a § 51.51. concession contract have a term of more than 20 years (unless extended in § 51.72 If a new concessioner is awarded the contract, what is the rela- accordance with this part). tionship between leasehold surrender interest and possessory in- § 51.74 When may a concession con- terest? tract be terminated by the Direc- tor? If a new concessioner is awarded a Concession contracts will contain ap- leasehold surrender interest concession propriate provisions for suspension of contract and is required to pay a prior operations under a concession contract concessioner for possessory interest in and for termination of a concession real property improvements, the new contract by the Director for default, concessioner will have a leasehold sur- including, without limitation, unsatis- render interest in the real property im- factory performance, or termination provements under the terms of its new when necessary to achieve the purposes concession contract. The initial value of the 1998 Act. The purposes of the 1998 of the leasehold surrender interest (in- Act include, but are not limited to, stead of initial construction cost) will protecting, conserving, and preserving be the value of the possessory interest park area resources and providing nec- as of the expiration or other termi- essary and appropriate visitor services nation of the 1965 Act possessory inter- in park areas. est concession contract. This leasehold surrender interest will apply even if § 51.75 May the Director segment or the related possessory interest real split concession contracts? property improvements are not capital improvements as defined in this part. The Director may not segment or In the event a new concessioner ob- otherwise split visitor services author- tains a leasehold surrender interest in ized or required under a single conces- only a portion of a structure as a result sion contract into separate concession of the acquisition of a possessory inter- contracts if the purpose of such action est from a prior concessioner, deprecia- is to establish a concession contract tion for purposes of leasehold surrender with anticipated annual gross receipts interest value will apply only to the of less than $500,000. portion of the structure to which the possessory interest applied.

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§ 51.76 May the Director include in a value to the concessioner of the privi- concession contract or otherwise leges granted by the contract involved. grant a concessioner a preferential This probable value will be based upon right to provide new or additional a reasonable opportunity for net profit visitor services? in relation to capital invested and the The Director may not include a pro- obligations of the contract. Consider- vision in a concession contract or oth- ation of revenue to the United States erwise grant a concessioner a pref- shall be subordinate to the objectives erential right to provide new or addi- of protecting and preserving park areas tional visitor services under the terms and of providing necessary and appro- of a concession contract or otherwise. For the purpose of this section, a priate visitor services at reasonable ‘‘preferential right to new or additional rates. services’’ means a right of a conces- (b) The franchise fee contained in a sioner to a preference (in the nature of concession contract with a term of 5 a right of first refusal or otherwise) to years or less may not be adjusted dur- provide new or additional visitor serving the term of the contract. Conces- ices in a park area beyond those al- sion contracts with a term of more ready provided by the concessioner than 5 years will contain a provision under the terms of a concession con- that provides for adjustment of the tract. A concession contract may be contract’s established franchise fee at amended to authorize the concessioner the request of the concessioner or the to provide minor additional visitor Director. An adjustment will occur if services that are a reasonable exten- the concessioner and the Director mu- sion of the existing services. A conces- tually determine that extraordinary, sioner that is allocated park area en- unanticipated changes occurred after trance, user days or similar resource the effective date of the contract that use allocations for the purposes of a have affected or will significantly af- concession contract will not obtain any contractual or other rights to continu- fect the probable value of the privi- ation of a particular allocation level leges granted by the contract. The con- pursuant to the terms of a concession cession contract will provide for arbi- contract or otherwise. Such allocations tration if the Director and a conces- will be made, withdrawn and/or ad- sioner cannot agree upon an appro- justed by the Director from time to priate adjustment to the franchise fee time in furtherance of the purposes of that reflects the extraordinary, unan- this part. ticipated changes determined by the concessioner and the Director. § 51.77 Will a concession contract provide a concessioner an exclusive § 51.79 May the Director waive pay- right to provide visitor services? ment of a franchise fee or other Concession contracts will not provide payments? in any manner an exclusive right to The Director may not waive the con- provide all or certain types of visitor cessioner’s payment of a franchise fee services in a park area. The Director or other payments or consideration re- may limit the number of concession quired by a concession contract, except contracts to be awarded for the conduct of visitor services in a particular that a franchise fee may be waived in park area in furtherance of the pur- part by the Director pursuant to ad- poses described in this part. ministrative guidelines that may allow for a partial franchise fee waiver in § 51.78 Will a concession contract re- recognition of exceptional performance quire a franchise fee and will the by a concessioner under the terms of a franchise fee be subject to adjust- concession contract. A concessioner ment? will have no right to require the par- (a) Concession contracts will provide tial waiver of a franchise fee under this for payment to the government of a authority or under any related admin- franchise fee or other monetary consid- istrative guidelines. eration as determined by the Director upon consideration of the probable

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§ 51.80 How will the Director establish pended to construct real property im- franchise fees for multiple outfitter provements, including, without limita- and guide concession contracts in tion, capital improvements. Repair and the same park area? maintenance reserve provisions may If the Director awards more than one not be included in concession contracts outfitter and guide concession contract in lieu of a franchise fee, and funds that authorizes or requires the conces- from the reserves will be expended only sioners to provide the same or similar for the repair and maintenance of real visitor services at the same approxi- property improvements assigned to the mate location or utilizing the same re- concessioner by the Director for use in source within a single park area, the its operations. Director will establish franchise fees (c) A concession contract must re- for those concession contracts that are quire the concessioner to maintain in comparable. In establishing these com- good condition through a comprehen- parable franchise fees, the Director sive repair and maintenance program will take into account, as appropriate, all of the concessioner’s personal prop- variations in the nature and type of erty used in the performance of the visitor services authorized by par- concession contract and all real prop- ticular concession contracts, including, erty improvements, including, without but not limited to, length of the visitor limitation, capital improvements, and, experience, type of equipment utilized, government personal property, as- relative expense levels, and other rel- signed to the concessioner by a conces- evant factors. The terms and condi- sion contract. tions of an existing concession contract will not be subject to modifica- § 51.82 Are a concessioner’s rates re- tion or open to renegotiation by the quired to be reasonable and subject to approval by the Director? Director because of the award of a new concession contract at the same ap- (a) Concession contracts will permit proximate location or utilizing the the concessioner to set reasonable and same resource. appropriate rates and charges for visitor services provided to the public, § 51.81 May the Director include ‘‘spe- subject to approval by the Director. cial account’’ provisions in conces- (b) Unless otherwise provided in a sion contracts? concession contract, the reasonable- (a) The Director may not include in ness of a concessioner’s rates and concession contracts ‘‘special account’’ charges to the public will be deter- provisions, that is, contract provisions mined primarily by comparison with which require or authorize a conces- those rates and charges for facilities sioner to undertake with a specified and services of comparable character percentage of the concessioner’s gross under similar conditions, with due con- receipts the construction of real prop- sideration of the following factors and erty improvements, including, without other factors deemed relevant by the limitation, capital improvements on Director: Length of season; peakloads; park lands. The construction of capital average percentage of occupancy; ac- improvements will be undertaken only cessibility; availability and costs of pursuant to the leasehold surrender in- labor and materials; and types of pa- terest provisions of this part and the tronage. Such rates and charges may applicable concession contract. not exceed the market rates and (b) Concession contracts may contain charges for comparable facilities, provisions that require the conces- goods, and services, after taking these sioner to set aside a percentage of its factors into consideration. gross receipts or other funds in a repair and maintenance reserve to be used at § 51.83 Sale of Native Handicrafts. the direction of the Director solely for (a) Where authorized by an applicable maintenance and repair of real prop- concession contract, concessioners are erty improvements located in park encouraged to sell authentic native areas and utilized by the concessioner handicrafts appropriately labeled or in its operations. Repair and mainte- denoted as authentic that reflect the nance reserve funds may not be ex- cultural, historical, and geographic

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characteristics of the related park Subpart J—Assignment or Encum- area. To further this objective, conces- brance of Concession Con- sion contracts will contain a provision tracts that exempts the revenue of a concessioner derived from the sale of appro- § 51.84 What special terms must I priately labeled or denoted authentic know to understand this part? native handicrafts from the concession To understand this subpart specifi- contract’s franchise fee. cally and this part in general you must (b) The sale of products as authentic refer to these definitions, applicable in native handicrafts is further regulated the singular or plural, whenever the under the Indian Arts and Crafts Act, terms are used in this part. Public Law 101–644, as amended. A controlling interest in a concession (c) Definitions. (1) Alaska Native contract means an interest, beneficial means any citizen of the United States or otherwise, that permits the exercise who is a person of one-fourth degree or of managerial authority over a concessioner’s performance under the terms more Alaskan Indian (including of the concession contract and/or deci- Tsimshian Indians not enrolled in the sions regarding the rights and liabil- Metalakatla Indian Community), Es- ities of the concessioner. kimo, or Aleut blood, or combination A controlling interest in a concessioner thereof. The term includes any person means, in the case of corporate conces- so defined either or both of whose adop- sioners, an interest, beneficial or oth- tive parents are not Alaska Natives. It erwise, of sufficient outstanding voting also includes, in the absence of a min- securities or capital of the conces- imum blood quantum, any citizen of sioner or related entities that permits the United States who is regarded as the exercise of managerial authority an Alaska Native by the Alaska native over the actions and operations of the village or native groups of which he or concessioner. A ‘‘controlling interest’’ she claims to be a member and whose in a concessioner also means, in the father or mother is (or, if deceased, case of corporate concessioners, an in- was) regarded as an Alaska Native by terest, beneficial or otherwise, of suffi- any village or group. cient outstanding voting securities or capital of the concessioner or related (2) Arts and crafts objects means art entities to permit the election of a ma- works and crafts that are in a tradi- jority of the Board of Directors of the tional or non-traditional style or me- concessioner. The term ‘‘controlling dium. interest’’ in a concessioner, in the in- (3) Authentic native handicrafts means stance of a partnership, limited part- arts and crafts objects created by a nership, joint venture, other business United States Indian, Alaska Native, organization or individual entrepre- Native Samoan or Native Hawaiian neurship, means ownership or bene- that are made with the help of only ficial ownership of the assets of the such devices as allow the manual skill concessioner that permits the exercise of the maker to condition the shape of managerial authority over the ac- and design of each individual object. tions and operations of the conces- (4) Native Hawaiian means any indi- sioner. vidual who is a descendant of the ab- Rights to operate and/or manage under original people that, prior to 1778, oc- a concession contract means any ar- cupied and exercised sovereignty in the rangement where the concessioner em- area that now constitutes the State of ploys or contracts with a third party to Hawaii. operate and/or manage the performance (5) United States Indian means any in- of a concession contract (or any portion thereof). This does not apply to ar- dividual that is a member of an Indian rangements with an individual em- tribe as defined in 18 U.S.C. 1159(c)(3). ployee. [72 FR 32190, June 12, 2007] Subconcessioner means a third party that, with the approval of the Director, has been granted by a concessioner rights to operate under a concession

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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 ‘‘assignments’’ for purposes of this part), with- signee any rights beyond those pro- out the prior written approval of the vided by the applicable concession con- Director, any of the following: tract, including, but not limited to, (a) Any concession contract; any rights to conduct business in a (b) Any rights to operate under or park area except in strict accordance manage the performance of a conces- with the terms and conditions of the sion contract as a subconcessioner or applicable concession contract; 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 § 51.86 What encumbrances require unless and until the Director deter- the approval of the Director? mines that the proposed operator is a qualified person as defined in this part; The concessioner may not encumber, pledge, mortgage or otherwise provide (d) That an assignment or encum- as a security interest for any purpose brance does not purport to assign or (such transactions collectively referred encumber assets that are not owned by to as ‘‘encumbrances’’ for purposes of the concessioner, including, without this part), without the prior written limitation, park area entrance, user approval of the Director, any of the fol- day, or similar use allocations made by lowing: the Director; (a) Any concession contract; (e) That the assignment is to a quali- (b) Any rights to operate under or fied person as defined in this part; manage performance under a conces- (f) That the assignment or encum- sion contract as a subconcessioner or brance would not have an adverse im- otherwise; pact on the protection, conservation or (c) Any controlling interest in a con- preservation of park resources; cessioner or concession contract; or (g) That the assignment or encum- (d) Any leasehold surrender interest or possessory interest obtained under a brance would not have an adverse im- concession contract. pact on the provision of necessary and appropriate facilities and services to § 51.87 Does the concessioner have an visitors at reasonable rates and unconditional right to receive the charges; and Director’s approval of an assign- (h) That the terms of the assignment ment or encumbrance? or encumbrance are not likely, directly No, approvals of assignments or en- or indirectly, to reduce an existing or cumbrances are subject to the fol- new concessioner’s opportunity to earn lowing determinations by the Director: a reasonable profit over the remaining (a) That the purpose of a leasehold term of the applicable concession con- surrender interest or possessory inter- tract, to affect adversely the quality of est encumbrance is either to finance facilities and services provided by the the construction of capital improvements under the applicable concession concessioner, or result in a need for in- contract in the applicable park area or creased rates and charges to the public to finance the purchase of the applica- to maintain the quality of concession ble concession contract. An encum- 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, concession 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 include any representations of any nature? Subpart K—Information and Access to Information In approving an assignment or encumbrance, 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 concessioner) 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 concessioner (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 prospectus. 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 proposals 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 account 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 referred offeror determination, subpart G sponsive proposal pursuant to the regarding leasehold surrender interest terms of an applicable prospectus. and in subpart K regarding recordkeeping 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 requirements will not be implemented Subpart M—Information Collection until OMB approves the emergency request. 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 replacement 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 criteria: § 59.3 Conversion requirements. (i) Property to be converted must be (a) Background and legal requirements. evaluated in order to determine what Section 6(f)(3) of the L&WCF Act is the recreation needs are being fulfilled by cornerstone of Federal compliance ef- the facilities which exist and the types forts to ensure that the Federal invest- of outdoor recreation resources and op- ments in L&WCF assistance are being portunities available. The property maintained in public outdoor recre- being proposed for substitution must ation use. This section of the Act then be evaluated in a similar manner assures that once an area has been to determine if it will meet recreation funded with L&WCF assistance, it is needs which are at least like in mag- continually maintained in public recre- nitude and impact to the user commu- ation use unless NPS approves substi- nity as the converted site. This cri- tution property of reasonably equiva- terion is applicable in the consider- lent usefulness and location and of at ation of all conversion requests with least equal fair market value. the exception of those where wetlands (b) Prerequisites for conversion ap- are proposed as replacement property. proval. Requests from the project spon- Wetland areas and interests therein

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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 collection. (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 rehabilitations 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 historically 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 permit. (e) Federal Preservation Officer. The Federal Preservation Officer is the offi- § 60.3 Definitions. cial designated by the head of each (a) Building. A building is a structure Federal agency responsible for coordi- created to shelter any form of human nating that agency’s activities under activity, such as a house, barn, church, the National Historic Preservation Act hotel, or similar structure. Building of 1966, as amended, and Executive may refer to a historically related Order 11593 including nominating prop- complex such as a courthouse and jail erties under that agency’s ownership or or a house and barn. control to the National Register.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Criterion Description Example

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

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

Criterion Description Example

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Insular Affairs of the United States (c) Properties designated as National House of Representatives and not less Historic Landmarks before December than 30 nor more than 60 days shall be 13, 1980, can be dedesignated only on provided for the submittal of written the grounds established in paragraph comments on the proposed boundaries. (a)(1) of this section. (2) The proposed boundary and any (d) The owner may appeal to have a comments received thereon shall be property dedesignated by submitting a submitted to the Associated Director request for dedesignation and stating for National Register Programs, NPS, the grounds for the appeal as estab- who may approve the boundary with- lished in subsection (a) to the Chief, out reference to the Advisory Board or History Division, National Park Serv- the Secretary. ice, Department of the Interior, Wash- (3) NPS will provide written notice of ington, DC 20240. An appellant will re- the approved boundary to the same ceive a response within 60 days as to parties specified in paragraph (d)(1) of whether NPS considers the documenta- this section and by publication in the tion sufficient to initiate a restudy of FEDERAL REGISTER. the landmark. (4) Management of the activities de- (e) The Secretary may initiate a re- scribed in paragraphs (d)(1), (2), and (3) study of a National Historic Landmark of this section is handled by the Na- and subsequently a proposal for with- tional Register of Historic Places, drawal of the landmark designation as NPS, [Address: National Register of appropriate in the same manner as a Historic Places, National Park Service, new designation as specified in § 65.5 (c) Department of the Interior, Wash- through (h). Proposals will not be sub- ington, DC 20240]. mitted to the Advisory Board if the (e) A technical correction to a bound- grounds for removal are procedural, al- ary may be approved by the Chief, His- though the Board will be informed of tory Division, without Advisory Board such proposals. review or Secretarial approval. NPS (f)(1) The property will remain listed will provide notice, in writing, of any technical correction in a boundary to in the National Register if the Keeper the same parties specified in (d)(1). determines that it meets the National Register criteria for 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, Landmark until he or she has complied if any, issued for that landmark. with the procedures set forth in this (i) An owner shall not be considered section. as having exhausted administrative remedies with respect to dedesignation PART 67—HISTORIC PRESERVATION of a National Historic Landmark until CERTIFICATIONS UNDER THE IN- after submitting an appeal and receiving a response from NPS in accord with TERNAL REVENUE CODE these procedures. Sec. § 65.10 Appeals for designation. 67.1 Program authority and function. 67.2 Definitions. (a) Any applicant seeking to have a 67.3 Introduction to certifications of signifi- property designated a National His- cance and rehabilitation and information toric Landmark may appeal, stating collection. the grounds for appeal, directly to the 67.4 Certifications of historic significance. Director, National Park Service, De- 67.5 Standards for evaluating significance partment of the Interior, Washington, within registered historic districts. DC 20240, under the following cir- 67.6 Certifications of rehabilitation. cumstances: 67.7 Standards for rehabilitation. Where the applicant— 67.8 Certifications of statutes. 67.9 Certifications of State or local historic (1) Disagrees with the initial decision districts. of NPS that the property is not likely 67.10 Appeals. to meet the criteria of the National 67.11 Fees for processing certification re- Historic Landmarks Program and will quests. not be submitted to the Advisory AUTHORITY: 16 U.S.C. 470a(a)(1)(A); 26 Board; or U.S.C. 47 and 170(h). (2) Disagrees with the decision of the Secretary that the property does not EDITORIAL NOTE: Nomenclature changes to meet the criteria of the National His- part 67 appear at 76 FR 30541, May 26, 2011. toric Landmarks Program. SOURCE: 54 FR 6771, Feb. 26, 1990, unless (b) The Director will respond to the otherwise noted. appellant within 60 days. After reviewing the appeal the Director may: § 67.1 Program authority and function. (1) Deny the appeal; (a) Section 47 of the Internal Revenue (2) Direct that a National Historic Code designates the Secretary as the Landmark nomination be prepared and authority for the issuance of certifi- processed according to the regulations cations of historic district statutes and if this has not yet occurred; or of State and local historic districts, (3) Resubmit the nomination to the certifications of significance, and cer- Secretary for reconsideration and final tifications of rehabilitation in connec- decision. tion with certain tax incentives involv- (c) Any person or organization which ing historic preservation. These certifi- supports or opposes the consideration cation responsibilities have been dele- of a property for National Historic gated to the National Park Service Landmark designation may submit an (NPS); the following office issues those appeal to the Director, NPS, during the certifications: National Park Service, designation process either supporting Washington Area Service Office, Tech- or opposing the designation. Such ap- nical Preservation Services, Heritage peals received by the Director before Preservation Services (WASO), 1849 C the study of the property or before its Street, NW., Washington, DC 20240.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Cities Eligible for the Urban Park and 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 Chattanooga, Tennessee Hartford, Connecticut Chester, Pennsylvania Hattiesburg, Mississippi Chicago, Illinois Haverhill, Massachusetts Chicago Heights, Illinois Hawthorne, California Chicopee, Massachusetts Hazelton, Pennsylvania Chula Vista, California Hemstead Township, New York Cicero, Illinois Hialeah, Florida Cincinnati, Ohio High Point, North Carolina Clarksville, Tennessee Hoboken, New Jersey Cleveland, Ohio Holyoke, Massachusetts Cocoa, Florida Hopkinsville, Kentucky Columbia, South Carolina Humacao, Puerto Rico Columbus, Georgia Huntington, West Virginia

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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 Memphis, Tennessee Port Arthur, Texas Meriden, Connecticut Portland, Maine Meridian, Mississippi Portland, Oregon Miami, Florida Portsmouth, Virginia Miami Beach, Florida Poughkeepsie, New York Middletown, Ohio Pritchard, Alabama Millville, New Jersey Providence, Rhode Island Milwaukee, Wisconsin Provo, Utah Minneapolis, Minnesota Pueblo, Colorado Mobile, Alabama Quincy, Illinois Modesto, California Quincy, Massachusetts Monroe, Louisiana Rantoul, Illinois Montgomery, Alabama Reading, Pennsylvania

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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 Toledo, Ohio Middlesex Co., Massachusetts Trenton, New Jersey Milwaukee Co., Wisconsin Troy, New York Mobile Co., Alabama Trujillo Alto, Puerto Rico Nassau Co., New York Tucson, Arizona Nueces Co., Texas Tuscaloosa, Alabama Oneida Co., New York Union City, New Jersey Onondaga Co., New York Upper Darby Township, Pennsylvania Orange Co., Florida Urbana, Illinois Passaic Co., New Jersey Utica, New Jersey Pinellas Co., Florida Vega Baja, Puerto Rico Plymouth Co., Massachusetts Vineland, New Jersey Polk Co., Florida Waco, Texas Riverside Co., California

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St. Clair Co., Illinois § 73.3 Definitions. San Bernardino Co., California San Diego Co., California Cultural Heritage—Article 1 of the San Joaquin Co., California Convention defines ‘‘Cultural Herit- Shelby Co., Tennessee age’’ as: Sonoma Co., California Monuments: architectural works, works of Suffolk Co., New York monumental sculpture and painting, ele- Wayne Co., Michigan ments or structures of an archaeological na- Worcester Co., Massachusetts ture, inscriptions, cave dwellings, and combinations of features, which are of out- [44 FR 58091, Oct. 9, 1979. Redesignated at 46 standing universal value from the point of FR 34329, July 1, 1981, and correctly redesig- view of history, art, or science; nated at 46 FR 43045, Aug. 26, 1981, and Groups of buildings: groups of separate or amended at 47 FR 15137, Apr. 8, 1982] connected buildings which, because of their architecture, their homogeneity or their PART 73—WORLD HERITAGE place in the landscape, are of outstanding CONVENTION universal value from the point of view of history, art, or science; and Sites: works of man or the combined works Sec. of nature and of man, and areas including ar- 73.1 Purpose. chaeological sites which are of outstanding 73.3 Definitions. universal value from the historical, aes- 73.5 Authority. thetic, ethnological, or anthropological 73.7 World Heritage Nomination process. points of view. 73.9 World Heritage criteria. 73.11 Federal Interagency Panel for World Natural Heritage—Article 2 of the Heritage. Convention defines ‘‘Natural 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; Geological and physiographical formations AUTHORITY: 94 Stat. 3000; 16 U.S.C. 470 a–1, a–2, d. and precisely delineated areas which constitute the habitat of threatened species of SOURCE: 47 FR 23397, May 27, 1982, unless animals and plants of outstanding universal otherwise noted. value from the point of view of science or conservation; and § 73.1 Purpose. Natural sites or precisely delineated natural areas of outstanding universal value The purpose of these rules is to set from the point of view of science, conserva- forth the policies and procedures that tion, or natural beauty. the Department of the Interior, through the National Park Service Intergovernmental Committee for the (NPS), uses to direct and coordinate Protection of the World Cultural and Nat- U.S. participation in the Convention ural Heritage, or World Heritage Com- Concerning the Protection of the World mittee, means the Committee established by Article 8 of the Convention Cultural and Natural Heritage, which and assisted by the United Nations was ratified by the Senate on October Educational, Scientific and Cultural 26, 1973. The rules describe the proce- Organization (UNESCO). It is composed dures used to implement the Conven- of 21 nations participating in the Con- tion under the National Historic Pres- vention, and is responsible for imple- ervation Act Amendments of 1980. The menting the Convention at the inter- purpose of the World Heritage Conven- national level. Countries represented tion is to enhance worldwide under- on the Committee are elected by par- standing and appreciation of heritage ticipating nations and serve for three conservation, and to recognize and pre- sessions of the UNESCO General Con- serve natural and cultural properties ference (six years). The Committee es- throughout the world that have out- tablishes criteria which properties standing universal value to mankind. must satisfy for inclusion on the World

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Heritage List, sets policy and proce- under title IV of the National Historic dures, and approves properties for in- Preservation Act Amendments of 1980 clusion on the World Heritage List. (Pub. L. 96–515; 94 Stat. 3000; 16 U.S.C. World Heritage Convention, or Conven- 470a–1, a–2) which directs the Secretary tion, means the Convention Concerning to ensure and direct U.S. participation the Protection of the World Cultural in the Convention Concerning the Pro- and Natural Heritage, ratified by the tection of the World Cultural and Nat- U.S. Senate on October 26, 1973. ural Heritage, approved by the U.S. World Heritage List, means the List Senate on October 26, 1973, in coopera- established by Article 11 of the Conven- tion with the Secretary of State, the tion which includes those cultural and Smithsonian Institution, and the Advi- natural properties judged to possess sory Council on Historic Preservation. outstanding universal value for mankind. § 73.7 World Heritage nomination UNESCO, means the United Nations process. Educational, Scientific and Cultural (a) What is the U.S. World Heritage Organization, which provides staff sup- nomination process? (1) The Assistant port for the Convention and its imple- Secretary for Fish and Wildlife and mentation. Parks (‘‘Assistant Secretary’’) is the Assistant Secretary, means the Assist- designated official who conducts the ant Secretary for Fish and Wildlife and United States World Heritage Program Parks, U.S. Department of the Interior, and periodically nominates properties or the designee authorized to carry out to the World Heritage List on behalf of the Assistant Secretary’s responsibil- the United States. The National Park ities. Service (NPS) provides staff support to Department, means the U.S. Depart- the Assistant Secretary. ment of the Interior. (2) The Assistant Secretary initiates Federal Interagency Panel for World the process for identifying candidate Heritage, or Panel, means the Panel properties for the World Heritage List consisting of representatives from the and subsequently preparing, evalu- Office of the Assistant Secretary, the ating, and approving U.S. nominations National Park Service, and the U.S. for them by publishing a First Notice Fish and Wildlife Service within the in the FEDERAL REGISTER. This notice Department of the Interior; the Presi- includes a list of candidate sites (for- dent’s Council on Environmental Qual- mally known as the Indicative Inven- ity; the Smithsonian Institution; the tory of Potential Future U.S. World Advisory Council on Historic Preserva- Heritage nominations) and requests tion; the Department of Commerce; that public and private sources rec- and the Department of State. ommend properties for nomination. Owner, means the individual(s) or or- (3) The Assistant Secretary, with ad- ganization(s) of record that own pri- vice from the Federal Interagency vate land that is being nominated for Panel for World Heritage (‘‘Panel’’), World Heritage status, or the head of may propose for possible nomination a the public agency, or subordinate to limited number of properties from the whom such authority has been dele- Indicative Inventory. gated, responsible for administering (4) Property owners, in cooperation public land that is being nominated for with NPS, voluntarily prepare a de- World Heritage status. tailed nomination document for their Owner concurrence, means the concur- property that has been proposed for rence of all owners of any property in- nomination. The Panel reviews the ac- terest that is part of the World Herit- curacy and completeness of draft nomi- age nomination. nations, and makes recommendations [47 FR 23397, May 27, 1982, as amended at 62 on them to the Assistant Secretary. FR 30235, June 3, 1997] (5) The Assistant Secretary decides whether to nominate any of the pro- § 73.5 Authority. posed properties and transmits ap- The policies and procedures con- proved United States nominations, tained herein are based on the author- through the Department of State, to ity of the Secretary of the Interior the World Heritage Committee to be

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considered for addition to the World the distinct protection requirements Heritage List. for public and private properties. (b) What requirements must a U.S. (c) How does the U.S. World Heritage property meet to be considered for nomi- nomination process begin? The Assistant nation to the World Heritage List? A Secretary, through the NPS, will peri- property in the United States must odically publish a First Notice in the satisfy the following requirements es- FEDERAL REGISTER to begin the U.S. tablished by law and one or more of the World Heritage nomination process. World Heritage Criteria before the As- This notice, among other things: sistant Secretary can consider it for (1) Sets forth the schedule and proce- World Heritage nomination: dures for identifying proposed U.S. (1) The property must be nationally nominations to the World Heritage significant. For the purposes of this List. It includes specific deadlines for section, a property qualifies as ‘‘na- receipt of suggestions and comments, tionally significant’’ if it is: and for preparing and approving nomi- (i) A property that the Secretary of nation documents for properties pro- the Interior has designated as a Na- posed as U.S. nominations; tional Historic Landmark (36 CFR part (2) Includes the Indicative Inventory 65) or a National Natural Landmark (36 of Potential Future U.S. World Herit- CFR part 62) under provisions of the age Nominations (Indicative Inven- 1935 Historic Sites Act (Public Law 74– tory), solicits recommendations on 292; 49 Stat. 666; 16 U.S.C. 461 et seq.); which properties on it should be nomi- (ii) An area the United States Con- nated, and requests suggestions of gress has established as nationally sig- properties that should be considered nificant; or for addition to it; and (iii) An area the President has pro- claimed as a National Monument under (3) Identifies any special require- the Antiquities Act of 1906 (16 U.S.C. ments that properties must satisfy to 433). be considered for nomination. (2) The property’s owner(s) must con- (d) What is the Indicative Inventory cur in writing to the nomination. and how is it used? (1) The World Herit- (i) If a unit of United States govern- age Convention (Article 11) requests ment (Federal, State, and/or local) each signatory nation to submit a list owns or controls the property, a letter of candidate sites for the World Herit- from the owner(s) demonstrates con- age List. These lists are also known as currence. tentative lists, or Indicative Inven- (ii) If private parties own or control tories. The NPS compiles and main- the property, they must provide the tains the U.S. Indicative Inventory, protection agreement outlined in which is formally known as the Indic- § 73.13(c). ative Inventory of Potential Future (iii) All owners must concur before U.S. World Heritage Nominations. It is the Assistant Secretary can include a list of cultural and natural properties their property within a World Heritage located in the United States that, nomination. For example, a responsible based on preliminary examination, ap- Federal management official can con- pear to qualify for the World Heritage cur for the unit, but cannot concur for List and that the United States may any non-Federal property interest consider for nomination to the List. within the boundaries of the unit. NPS (2) Inclusion of a property on the In- will seek the concurrence of those who dicative Inventory does not confer own or control any non-Federal prop- World Heritage status on it, but merely erty interest if we determine that the indicates that the Assistant Secretary property interest is integral to the en- may further examine the property for tire property’s outstanding universal possible nomination. The Assistant values. Secretary selects proposed nomina- (3) The nomination document must tions from among the potential future include evidence of such legal protec- nominations included on the Indicative tions as may be necessary to ensure Inventory. Thus, the Assistant Sec- the preservation of the property and its retary uses the Indicative Inventory as environment. Section 73.13 identifies the basis for selecting United States

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nominations, and it provides a com- to qualify for World Heritage status parative framework within which to and that the Assistant Secretary will judge the outstanding universal value encourage the preparation of a com- of a property. Any agency, organiza- plete nomination document for the tion, or individual may recommend ad- property. ditional properties, with accompanying (f) Who is notified when U.S. World documentation, for inclusion on the In- Heritage nominations are proposed? (1) dicative Inventory. Ordinarily, a prop- The Assistant Secretary for Fish and erty must have been listed on the In- Wildlife and Parks publishes notice of dicative Inventory before the Assistant decisions on proposed U.S. nominations Secretary can consider it for nomina- in the FEDERAL REGISTER (Second No- tion. tice). If any properties are identified as (3) The Assistant Secretary, in co- proposed nominations, the Assistant operation with the Panel and other Secretary also notifies the following sources as appropriate, decides whether parties in writing: to include a recommended property on the Indicative Inventory. If a property (i) The owner(s) of lands or interests is included, NPS will list it the next of land that are to be included in the time we publish the Indicative Inven- nomination; and tory in the FEDERAL REGISTER. The As- (ii) The House Resources Committee sistant Secretary periodically trans- and the Senate Energy and Natural Re- mits a copy of the Indicative Inven- sources Committee. tory, including documentation on each (2) The Second Notice advises the re- property’s location and significance, to cipients of the proposed action, ref- the World Heritage Committee for use erences these rules, and sets forth the in evaluation of nominations. process for preparing a nomination. (e) How are U.S. World Heritage nomi- NPS also prepares and issues a press nations proposed? (1) After the First No- release on the proposed nomination. tice’s comment period expires, NPS (g) How is a U.S. World Heritage Nomi- compiles all suggestions and com- nation prepared? NPS coordinates ar- ments. The Assistant Secretary then rangements for the preparation of a reviews the comments and suggestions complete nomination document for and works in cooperation with the Fed- each proposed property. If you are a eral Interagency Panel for World Herit- property owner(s), you, in cooperation age to decide whether to identify any with NPS, are responsible for preparing properties as proposed U.S. nomina- the draft nomination and for gathering tions. In addition to how well the prop- documentation in support of it. NPS erty satisfies the World Heritage cri- oversees the preparation of the nomi- teria (§ 73.9) and the legislative require- nation and ensures that it follows the ments outlined in paragraph (b)(1) of procedures contained in these rules and this section, the Assistant Secretary may consider: the format and procedural guidelines (i) How well the particular type of established by the World Heritage property (i.e., theme or region) is rep- Committee. Each nomination is pre- resented on the World Heritage List; pared according to the schedule set (ii) The balance between cultural and forth in the First Notice. natural properties already on the List (h) How is a draft U.S. World Heritage and those under consideration; nomination evaluated? The draft nomi- (iii) Opportunities that the property nation document serves as the basis for affords for public visitation, interpre- the Assistant Secretary’s decision to tation, and education; nominate the property to the World (iv) Potential threats to the prop- Heritage Committee. NPS coordinates erty’s integrity or its current state of the review and evaluation of draft preservation; and World Heritage nominations. We dis- (v) Other relevant factors, including tribute copies to all members of the public interest and awareness of the Federal Interagency Panel for World property. Heritage and request comments regard- (2) Selection as a proposed nomina- ing the significance of the property and tion indicates that a property appears the adequacy of the draft nomination.

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Afterward, we compile the rec- lines for the World Heritage Conven- ommendations and comments received tion. The Operational Guidelines are from the members of the Panel. published periodically by the World (i) How is a U.S. World Heritage nomi- Heritage Centre. You may obtain cop- nation approved and submitted? (1) The ies of the World Heritage Convention, Assistant Secretary, based on personal the Operational Guidelines, and other evaluation and the recommendations program information upon request to from the Panel, may nominate a prop- the Office of International Affairs of erty that appears to meet the World the National Park Service, 1849 C Heritage criteria to the World Heritage Street, NW., Room 2242, Washington, Committee on behalf of the United DC 20240. The World Heritage Conven- States. The Assistant Secretary sends tion and the Operational Guidelines are an approved nomination document, also posted on the World Heritage Cen- through the Department of State, to tre’s Web site at www.unesco.org/whc. the World Heritage Committee. The (b) What are the cultural criteria? The nomination document should be trans- criteria for the inclusion of cultural mitted so that the World Heritage properties in the World Heritage List Committee receives it before the dead- should always be seen in relation to line established for any given year. one another and should be considered (2) Nomination by the United States in the context of the definition set out does not place a property on the World in Article 1 of the Convention. A monu- Heritage List. The World Heritage ment, group of buildings or site—as de- Committee must consider and approve fined in Article 1 of the Convention— the nomination, usually at a meeting which is nominated for inclusion in the during the year following its nomina- World Heritage List will be considered tion, before it is inscribed as a World to be of outstanding universal value for Heritage Site. the purpose of the Convention when (j) Who is notified when a U.S. property the Committee finds that it meets one has been nominated to the World Heritage or more of the following criteria and List? (1) Upon approving a nomination, the test of authenticity: the Assistant Secretary notifies the (1) Each property nominated should following parties in writing (Third No- therefore: tice): (i) Represent a masterpiece of human (i) The owner(s) of land or interests creative genius; or in land that are included in the nomi- (ii) Exhibit an important interchange nation; of human values, over a span of time or (ii) The House Resources Committee; within a cultural area of the world, on and developments in architecture or tech- (iii) The Senate Energy and Natural nology, monumental arts, town-plan- Resources Committee. ning or landscape design; or (2) The Assistant Secretary also pub- (iii) Bear a unique or at least excep- lishes notice of the United States tional testimony to a cultural tradi- World Heritage nomination in the FED- tion or to a civilization which is living ERAL REGISTER. In addition, NPS issues or which has disappeared; or a press release on the nomination. (iv) Be an outstanding example of a [66 FR 57880, Nov. 19, 2001] type of building or architectural or technological ensemble or landscape § 73.9 World Heritage criteria. which illustrates a significant stage(s) (a) What are the World Heritage criteria in human history; or and how are they applied? The World (v) Be an outstanding example of a Heritage Committee uses the following traditional human settlement or land- criteria to evaluate cultural and nat- use which is representative of a culture ural properties nominated to the World (or cultures), especially when it has be- Heritage List. To qualify for addition come vulnerable under the impact of to the World Heritage List, sites must irreversible change; or meet one or more of the criteria. For (vi) Be directly or tangibly associ- information on how to apply the cri- ated with events or living traditions, teria, you should consult their anno- with ideas, or with beliefs, with artis- tated text in the Operational Guide- tic and literary works of outstanding

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universal significance (the Committee (2) In addition to the criteria in para- considers that this criterion should graphs (c)(1)(i) through (c)(1)(iv) of this justify inclusion in the List only in ex- section, the sites should also fulfill the ceptional circumstances and in con- following conditions of integrity: junction with other criteria cultural or (i) The sites described in paragraph natural). (c)(1)(i) of this section should contain (2) In addition to the criteria in para- all or most of the key interrelated and graphs (b)(1)(i) through (b)(1)(vi) of this interdependent elements in their nat- section, the sites should also meet the ural relationships. test of authenticity in design, mate- (ii) The sites described in paragraph rial, workmanship or setting and in the (c)(1)(ii) of this section should have suf- case of cultural landscapes their dis- ficient size and contain the necessary tinctive character and components (the elements to demonstrate the key as- Committee stressed that reconstruc- pects of processes that are essential for tion is only acceptable if it is carried the long-term conservation of the eco- out on the basis of complete and de- systems and the biological diversity tailed documentation on the original they contain. and to no extent on conjecture) and (iii) The sites described in paragraph have adequate legal and/or contractual (c)(1)(iii) of this section should be of and/or traditional protection and man- outstanding aesthetic value and in- agement mechanisms to ensure the clude areas that are essential for main- conservation of the nominated cultural taining the beauty of the site. properties or cultural landscapes. (iv) The sites described in paragraph (c) What are the natural criteria? A (c)(1)(iv) of this section should contain natural heritage property—as defined habitats for maintaining the most di- in Article 2 of the Convention—which verse fauna and flora characteristic of is submitted for inclusion in the World the biogeographic province and eco- Heritage List will be considered to be systems under consideration. of outstanding universal value for the (3) The sites should have a manage- purposes of the Convention when the ment plan. When a site does not have a Committee finds that it meets one or management plan at the time when it more of the following criteria specified is nominated for the consideration of by the Operational Guidelines and ful- the World Heritage Committee, the fills the conditions of integrity: State Party concerned should indicate (1) Sites nominated should therefore: when such a plan will become available (i) Be outstanding examples rep- and how it proposes to mobilize the re- resenting major stages of earth’s his- sources required for the preparation tory, including the record of life, sig- and implementation of the plan. The nificant on-going geological processes State Party should also provide other in the development of landforms, or document(s) (e.g. operational plans) significant geomorphic or which will guide the management of physiographic features; or the site until such time when a man- (ii) Be outstanding examples rep- agement plan is finalized. resenting significant on-going ecologi- [66 FR 57881, Nov. 19, 2001] cal and biological processes in the evolution and development of terrestrial, § 73.11 Federal Interagency Panel for fresh water, coastal and marine eco- World Heritage. systems and communities of plants and (a) Responsibilities. The Federal Inter- animals; or agency Panel for World Heritage is es- (iii) Contain superlative natural phe- tablished to advise the Department of nomena or areas of exceptional natural the Interior on implementation of the beauty and aesthetic importance; or World Heritage Convention. Among (iv) Contain the most important and other things, the panel assists in the significant natural habitats for in-situ following activities: conservation of biological diversity, in- (1) The development of policy and cluding those containing threatened procedures for effectively imple- species of outstanding universal value menting the Convention in the U.S.; from the point of view of science or (2) The evaluation of draft U.S. nomi- conservation. 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 relate to World Heritage. PARTS 74–77 [RESERVED] (b) In furtherance of Article 6 of the Convention and to the extent that resources 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 re- professional methods and techniques sponsibilities. 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, through 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 minimize harm to historic properties. Federal Agency Head means the highest 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 concurrently 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 collection; 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 resource. § 79.4 Definitions. (2) Associated records means original As used for purposes of this part: records (or copies thereof) that are prepared, 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 professions (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 services. (iii) Houses collections from a similar 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 serving the collection on a long-term the Federal agency; basis. (5) Conducting inspections and inven- (1) Funds to initially process, catalog tories in accordance with § 79.11 of this and accession a collection to be gen- part; and erated during identification and eval- (6) When a repository that is housing uation surveys should be included in and maintaining a collection can no project planning budgets. longer provide adequate long-term cu- (2) Funds to initially process, catalog ratorial services, as set forth in § 79.9 of and accession a collection to be gen- this part, either: erated during data recovery operations (i) Providing such funds or services should be included in project mitiga- as may be agreed upon pursuant to tion budgets. § 79.5(a)(1) of this part to assist the re- (3) Funds to store, inspect, inventory, pository in eliminating the defi- maintain and conserve a collection on ciencies; or a long-term basis should be included in (ii) Removing the collection from the annual operating budgets. repository and depositing it in another (e) When the Federal Agency Official repository that can provide curatorial determines that data recovery costs services in accordance with the regula- may exceed the one percent limitation tions in this part. contained in the Archeological and His- (b) As authorized under section 110(g) toric Preservation Act (16 U.S.C. 469c), of the National Historic Preservation as authorized under section 208(3) of Act (16 U.S.C. 470h–2) and section 208(2) the National Historic Preservation Act of the National Historic Preservation Amendments (16 U.S.C. 469c–2), the lim- Act Amendments (16 U.S.C. 469c–2), for itation may be waived, in appropriate federally licensed or permitted projects cases, after the Federal Agency Official or programs, Federal agencies may has: charge licensees and permittees rea- (1) Obtained the concurrence of the sonable costs for curatorial activities Secretary of the U.S. Department of associated with identification, surveys, the Interior by sending a written re- evaluation and data recovery as a con- quest to the Departmental Consulting dition to the issuance of a Federal li- Archeologist, National Park Service, cense or permit. P.O. Box 37127, Washington, DC 20013– (c) Federal agencies may deposit col- 7127; and lections in a repository that agrees to (2) Notified the Committee on Energy provide curatorial services at no cost and Natural Resources of the U.S. Sen- to the U.S. Government. This generally ate and the Committee on Interior and occurs when a collection is excavated Insular Affairs of the U.S. House of or removed from public or Indian lands Representatives. under a research permit issued pursuant 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 to § 79.8 Terms and conditions to include provide curatorial services as a public in contracts, memoranda and agree- service or as a means of ensuring direct ments for curatorial services. access to a collection for long-term The Federal Agency Official shall en- study and use. Federal agencies should sure that any contract, memorandum, ensure that a repository that agrees to agreement or other appropriate written provide curatorial services at no cost instrument for curatorial services that to the U.S. Government has sufficient is entered into by or on behalf of that financial resources to support its oper- Official, a Repository Official and any ations and any needed improvements. other appropriate party contains the (d) Funds provided to a repository for following: curatorial services should include costs (a) A statement that identifies the for initially processing, cataloging and collection or group of collections to be accessioning the collection as well as covered and any other U.S. Govern- costs for storing, inspecting, ment-owned personal property to be inventorying, maintaining, and con- furnished to the repository;

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(b) A statement that identifies who cedures and criteria for evaluating re- owns and has jurisdiction over the col- quests to use collections are consistent lection; with the regulations in this part, they (c) A statement of work to be per- may be used, after making any nec- formed by the repository; essary modifications, in lieu of devel- (d) A statement of the responsibil- oping new ones; ities of the Federal agency and any (k) Instructions for restricting access other appropriate party; to information relating to the nature, (e) When the collection is from In- location and character of the pre- dian lands: historic or historic resource from (1) A statement that the Indian land- which the material remains are exca- owner and the Indian tribe having ju- vated or removed; risdiction over the lands consent to the disposition; and (l) A statement that copies of any (2) Such terms and conditions as may publications resulting from study of be requested by the Indian landowner the collection are to be provided to the and the Indian tribe having jurisdic- Federal Agency Official and, when the tion over the lands; collection is from Indian lands, to the (f) When the collection is from a site Tribal Official and the Tribal Historic on public lands that the Federal Agen- Preservation Officer, if any, of the In- cy Official has determined is of reli- dian tribe that owns or has jurisdiction gious or cultural importance to any In- over such lands; dian tribe having aboriginal or historic (m) A statement that specifies the ties to such lands, such terms and con- frequency and methods for conducting ditions as may have been developed and documenting the inspections and pursuant to § –.7 of uniform regulations inventories stipulated in § 79.11 of this 43 CFR part 7, 36 CFR part 296, 18 CFR part; part 1312, and 32 CFR part 229; (n) A statement that the Repository (g) The term of the contract, memo- Official shall redirect any request for randum or agreement; and procedures transfer or repatriation of a federally- for modification, suspension, exten- owned collection (or any part thereof) sion, and termination; to the Federal Agency Official, and re- (h) A statement of costs associated direct any request for transfer or repa- with the contract, memorandum or agreement; the funds or services to be triation of a federally administered provided by the repository, the Federal collection (or any part thereof) to the agency and any other appropriate Federal Agency Official and the owner; party; and the schedule for any pay- (o) A statement that the Repository ments; Official shall not transfer, repatriate or (i) Any special procedures and re- discard a federally-owned collection (or strictions for handling, storing, in- any part thereof) without the written specting, inventorying, cleaning, con- permission of the Federal Agency Offi- serving, and exhibiting the collection; cial, and not transfer, repatriate or dis- (j) Instructions and any terms and card a federally administered collec- conditions for making the collection tion (or any part thereof) without the available for scientific, educational written permission of the Federal and religious uses, including proce- Agency Official and the owner; dures and criteria to be used by the Re- (p) A statement that the Repository pository Official to review, approve or Official shall not sell the collection; deny, and document actions taken in and response to requests for study, labora- (q) A statement that the repository tory analysis, loan, exhibition, use in shall provide curatorial services in ac- religious rituals or spiritual activities, cordance with the regulations in this and other uses. When the Repository Official to approve consumptive uses, part. this should be specified; otherwise, the Federal Agency Official should review and approve consumptive uses. When the repository’s existing operating pro-

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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 univer- torial facility and the Federal agency sity. The Tribal Historic Preservation as the owner or administrator, as ap- Officer and Indian tribal museum ordi- propriate. When the collection is from narily maintain records on collections Indian lands and the Indian landowner recovered from sites located on Indian and the Indian tribe having jurisdic- lands. The National Technical Informa- tion over the lands wish to be identi- tion Service and the Defense Technical fied, those individuals and the Indian Information Service maintain copies of tribe shall also be acknowledged. Cop- final reports that have been deposited ies of any resulting publications shall by Federal agencies. The National Ar- be provided to the Repository Official cheological Database maintains sum- and the Federal Agency Official. When mary information on archeological re- Indian lands are involved, copies of ports and projects, including informa- such publications shall also be provided tion on the location of those reports. to the Tribal Official and the Tribal (7) Inspect the collection in accord- Historic Preservation Officer, if any, of ance with § 79.11 of this part for pos- the Indian tribe that owns or has juris- sible deterioration and damage, and diction over such lands. perform only those actions as are abso- (c) Religious uses. Religious remains lutely necessary to stabilize the collec- in a collection shall be made available tion and rid it of any agents of deterio- to persons for use in religious rituals ration; or spiritual activities. Religious re- (8) Conduct inventories in accordance mains generally are of interest to med- with § 79.11 of this part to verify the lo- icine men and women, and other reli- cation of the material remains, associ- gious practitioners and persons from ated records and any other Federal per- Indian tribes, Alaskan Native corpora- sonal property that is furnished to the tions, Native Hawaiians, and other in- repository; and digenous and immigrant ethnic, social (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 destroy 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. scientific 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) of written agreement between the Reposi- 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 scientific, (ii) Access to associated records that educational, religious or cultural contain information relating to the na- value; and ture, location or character of the re- (6) Any requirements for insuring the source. collection or object being borrowed for (4) When a collection is from a site on any loss, damage or destruction during public lands that the Federal Agency transit and while in the borrower’s pos- Official has determined is of religious session. 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 scientific, 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, deterio- plementing regulation (41 CFR part ration and damage to, or destruction of 101), any agency-specific regulations on the collection (or a part thereof) or any the management of Federal property, other U.S. Government-owned personal and any agency-specific statutes and property, prepares and provides the regulations on the management of mu- Federal Agency Official with a written seum collections. notification of the circumstances sur- (b) Consistent with paragraph (a) of rounding the loss, theft, deterioration, this section, the Federal Agency Offi- damage or destruction. When the col- cial shall ensure that the Repository lection is from Indian lands, the Indian Official: landowner and the Tribal Official of (1) Provides the Federal Agency Offi- the Indian tribe that has jurisdiction cial and, when the collection is from over the lands shall also be provided Indian lands, the Indian landowner and with a copy of the notification; and the Tribal Official of the Indian tribe (10) Makes the repository, the collec- that has jurisdiction over the lands tion and any other U.S. Government- with a copy of the catalog list of the owned personal property available for contents of the collection received and periodic inspection by the: accessioned by the repository; (i) Federal Agency Official; (2) Provides the Federal Agency Offi- (ii) When the collection is from In- cial will a list of any other U.S. Gov- dian lands, the Indian landowner and ernment-owned personal property re- the Tribal Official of the Indian tribe ceived by the repository; that has jurisdiction over the lands; (3) Periodically inspects the physical and plant for the purpose of monitoring the (iii) When the collection contains re- physical security and environmental ligious remains, the Indian tribal el- control measures; ders, religious leaders, and other offi- (4) Periodically inspects the collec- cials representing the Indian tribe or tion for the purposes of assessing the other group for which the remains have condition of the material remains and religious or sacred importance. associated records, and of monitoring 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 repository; tory, the collection and any other U.S. (7) Has qualified museum profes- Government-owned personal property sionals conduct the inspections and infor 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 recovered 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 collections; 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 responsibility 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, locational 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 terment 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 inspect 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 purposes may be allowed only in accordance Attachment A: Inventory of the Collection with the regulation 36 CFR part 79 for the Attachment B: Inventory of any other U.S. curation of federally-owned and adminis- Government-owned Personal Property 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 responsibility 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 alphabetical 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 separately 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) III Administrative Conference of the United States (Parts 300—399) IV Miscellaneous Agencies (Parts 400—500)

Title 2—Grants and Agreements

SUBTITLE A—OFFICE OF MANAGEMENT AND BUDGET GUIDANCE FOR GRANTS AND AGREEMENTS I Office of Management and Budget Governmentwide Guidance for Grants and Agreements (Parts 2—199) II Office of Management and Budget Circulars and Guidance (200— 299) SUBTITLE B—FEDERAL AGENCY REGULATIONS FOR GRANTS AND AGREEMENTS III Department of Health and Human Services (Parts 300— 399) IV Department of Agriculture (Parts 400—499) VI Department of State (Parts 600—699) VII Agency for International Development (Parts 700—799) VIII Department of Veterans Affairs (Parts 800—899) IX Department of Energy (Parts 900—999) XI Department of Defense (Parts 1100—1199) XII Department of Transportation (Parts 1200—1299) XIII Department of Commerce (Parts 1300—1399) XIV Department of the Interior (Parts 1400—1499) XV Environmental Protection Agency (Parts 1500—1599) XVIII National Aeronautics and Space Administration (Parts 1800— 1899) XX United States Nuclear Regulatory Commission (Parts 2000—2099) XXII Corporation for National and Community Service (Parts 2200— 2299) XXIII Social Security Administration (Parts 2300—2399) XXIV Housing and Urban Development (Parts 2400—2499) XXV National Science Foundation (Parts 2500—2599) XXVI National Archives and Records Administration (Parts 2600—2699) XXVII Small Business Administration (Parts 2700—2799) XXVIII Department of Justice (Parts 2800—2899)

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XXX Department of Homeland Security (Parts 3000—3099) XXXI Institute of Museum and Library Services (Parts 3100—3199) XXXII National Endowment for the Arts (Parts 3200—3299) XXXIII National Endowment for the Humanities (Parts 3300—3399) XXXIV Department of Education (Parts 3400—3499) XXXV Export-Import Bank of the United States (Parts 3500—3599) XXXVII Peace Corps (Parts 3700—3799) LVIII Election Assistance Commission (Parts 5800—5899)

Title 3—The President

I Executive Office of the President (Parts 100—199)

Title 4—Accounts

I Government Accountability Office (Parts 1—199) II Recovery Accountability and Transparency Board (Parts 200— 299)

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) VIII Office of Special Counsel (Parts 1800—1899) IX Appalachian Regional Commission (Parts 1900—1999) XI Armed Forces Retirement Home (Parts 2100—2199) 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 (Parts 3200—3299) XXIII Department of Energy (Parts 3300—3399) XXIV Federal Energy Regulatory Commission (Parts 3400—3499) XXV Department of the Interior (Parts 3500—3599) XXVI Department of Defense (Parts 3600— 3699) XXVIII Department of Justice (Parts 3800—3899) XXIX Federal Communications Commission (Parts 3900—3999) XXX Farm Credit System Insurance Corporation (Parts 4000—4099) XXXI Farm Credit Administration (Parts 4100—4199)

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XXXIII Overseas Private Investment Corporation (Parts 4300—4399) XXXIV Securities and Exchange Commission (Parts 4400—4499) XXXV Office of Personnel Management (Parts 4500—4599) XXXVII Federal Election Commission (Parts 4700—4799) XL Interstate Commerce Commission (Parts 5000—5099) XLI Commodity Futures Trading Commission (Parts 5100—5199) XLII Department of Labor (Parts 5200—5299) XLIII National Science Foundation (Parts 5300—5399) XLV Department of Health and Human Services (Parts 5500—5599) XLVI Postal Rate Commission (Parts 5600—5699) XLVII Federal Trade Commission (Parts 5700—5799) XLVIII Nuclear Regulatory Commission (Parts 5800—5899) XLIX Federal Labor Relations Authority (Parts 5900—5999) L Department of Transportation (Parts 6000—6099) LII Export-Import Bank of the United States (Parts 6200—6299) LIII Department of Education (Parts 6300—6399) LIV Environmental Protection Agency (Parts 6400—6499) LV National Endowment for the Arts (Parts 6500—6599) LVI National Endowment for the Humanities (Parts 6600—6699) LVII General Services Administration (Parts 6700—6799) LVIII Board of Governors of the Federal Reserve System (Parts 6800— 6899) LIX National Aeronautics and Space Administration (Parts 6900— 6999) LX United States Postal Service (Parts 7000—7099) LXI National Labor Relations Board (Parts 7100—7199) LXII Equal Employment Opportunity Commission (Parts 7200—7299) LXIII Inter-American Foundation (Parts 7300—7399) LXIV Merit Systems Protection Board (Parts 7400—7499) LXV Department of Housing and Urban Development (Parts 7500— 7599) LXVI National Archives and Records Administration (Parts 7600—7699) LXVII Institute of Museum and Library Services (Parts 7700—7799) LXVIII Commission on Civil Rights (Parts 7800—7899) LXIX Tennessee Valley Authority (Parts 7900—7999) LXX Court Services and Offender Supervision Agency for the District of Columbia (Parts 8000—8099) LXXI Consumer Product Safety Commission (Parts 8100—8199) LXXIII Department of Agriculture (Parts 8300—8399) LXXIV Federal Mine Safety and Health Review Commission (Parts 8400—8499) LXXVI Federal Retirement Thrift Investment Board (Parts 8600—8699) LXXVII Office of Management and Budget (Parts 8700—8799) LXXX Federal Housing Finance Agency (Parts 9000—9099) LXXXII Special Inspector General for Iraq Reconstruction (Parts 9200— 9299)

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LXXXIII Special Inspector General for Afghanistan Reconstruction (Parts 9300—9399) LXXXIV Bureau of Consumer Financial Protection (Parts 9400—9499) XCVII Department of Homeland Security Human Resources Manage- ment System (Department of Homeland Security—Office of Personnel Management) (Parts 9700—9799)

Title 6—Domestic Security

I Department of Homeland Security, Office of the Secretary (Parts 1—99)

Title 7—Agriculture

SUBTITLE A—OFFICE OF THE SECRETARY OF AGRICULTURE (PARTS 0—26) SUBTITLE B—REGULATIONS OF THE DEPARTMENT OF AGRICULTURE 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) 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)

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XVIII Rural Housing Service, Rural Business-Cooperative Service, Rural Utilities Service, and Farm Service Agency, Depart- ment of Agriculture (Parts 1800—2099) XX Local Television Loan Guarantee Board (Parts 2200—2299) XXV Office of Advocacy and Outreach, Department of Agriculture (Parts 2500—2599) 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 Policy and New Uses, Department of Agri- culture (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) XXXIII Office of Transportation, Department of Agriculture (Parts 3300—3399) XXXIV National Institute of Food and 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 Department of Homeland Security (Immigration and Naturaliza- tion) (Parts 1—499) V Executive Office for Immigration Review, Department of Justice (Parts 1000—1399)

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)

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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) XIII Nuclear Waste Technical Review Board (Parts 1300—1399) XVII Defense Nuclear Facilities Safety Board (Parts 1700—1799) XVIII Northeast Interstate Low-Level Radioactive Waste Commission (Parts 1800—1899)

Title 11—Federal Elections

I Federal Election Commission (Parts 1—9099) II Election Assistance Commission (Parts 9400—9499)

Title 12—Banks and Banking

I Comptroller of the Currency, Department of the Treasury (Parts 1—199) 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) X Bureau of Consumer Financial Protection (Parts 1000—1099) XI Federal Financial Institutions Examination Council (Parts 1100—1199) XII Federal Housing Finance Agency (Parts 1200—1299) XIII Financial Stability Oversight Council (Parts 1300—1399) XIV Farm Credit System Insurance Corporation (Parts 1400—1499) XV Department of the Treasury (Parts 1500—1599) XVI Office of Financial Research (Parts 1600—1699) 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)

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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—1199) V National Aeronautics and Space Administration (Parts 1200— 1299) VI Air Transportation System Stabilization (Parts 1300—1399)

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) IV Foreign-Trade Zones Board, Department of Commerce (Parts 400—499) VII Bureau of Industry and Security, 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)

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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 U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury (Parts 0—199) II United States International Trade Commission (Parts 200—299) III International Trade Administration, Department of Commerce (Parts 300—399) IV U.S. Immigration and Customs Enforcement, Department of Homeland Security (Parts 400—599)

Title 20—Employees’ Benefits

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 Office of Workers’ Compensation Programs, 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 Service, Department of Labor (Parts 1000—1099)

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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 (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 Millennium Challenge Corporation (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)

Title 23—Highways

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)

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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—1699) 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) XV Emergency Mortgage Insurance and Loan Programs, Depart- ment of Housing and Urban Development (Parts 2700—2799) XX Office of Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban Develop- ment (Parts 3200—3899) XXIV Board of Directors of the HOPE for Homeowners Program (Parts 4000—4099) XXV Neighborhood Reinvestment Corporation (Parts 4100—4199)

Title 25—Indians

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)

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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 (Parts 1200—1299)

Title 26—Internal Revenue

I Internal Revenue Service, Department of the Treasury (Parts 1— End)

Title 27—Alcohol, Tobacco Products and Firearms

I Alcohol and Tobacco Tax and Trade Bureau, Department of the Treasury (Parts 1—399) II Bureau of Alcohol, Tobacco, Firearms, and Explosives, Depart- ment of Justice (Parts 400—699)

Title 28—Judicial Administration

I Department of Justice (Parts 0—299) 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) XI Department of Justice and Department of State (Parts 1100— 1199)

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) 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)

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XVII Occupational Safety and Health Administration, Department of Labor (Parts 1900—1999) XX Occupational Safety and Health Review Commission (Parts 2200—2499) XXV Employee Benefits Security 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 Bureau of Safety and Environmental Enforcement, Department of the Interior (Parts 200—299) IV Geological Survey, Department of the Interior (Parts 400—499) V Bureau of Ocean Energy Management, Department of the Inte- rior (Parts 500—599) VII Office of Surface Mining Reclamation and Enforcement, Depart- ment of the Interior (Parts 700—999) XII Office of Natural Resources Revenue, Department of the Interior (Parts 1200—1299)

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) X Financial Crimes Enforcement Network, Department of the Treasury (Parts 1000—1099)

Title 32—National Defense

SUBTITLE A—DEPARTMENT OF DEFENSE I Office of the Secretary of Defense (Parts 1—399)

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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) XVII Office of the Director of National Intelligence (Parts 1700—1799) 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 Homeland Security (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 [Reserved] SUBTITLE C—REGULATIONS RELATING TO EDUCATION XI National Institute for Literacy (Parts 1100—1199) XII National Council on Disability (Parts 1200—1299)

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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) VI [Reserved] 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 (Parts 1500—1599) 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) III Copyright Royalty Board, Library of Congress (Parts 300—399) 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—199) II Armed Forces Retirement Home (Parts 200—299)

Title 39—Postal Service

I United States Postal Service (Parts 1—999) III Postal Regulatory Commission (Parts 3000—3099)

Title 40—Protection of Environment

I Environmental Protection Agency (Parts 1—1099) IV Environmental Protection Agency and Department of Justice (Parts 1400—1499) V Council on Environmental Quality (Parts 1500—1599)

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VI Chemical Safety and Hazard Investigation Board (Parts 1600— 1699) 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 A—FEDERAL PROCUREMENT REGULATIONS SYSTEM [NOTE] 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 Service, Department of Labor (Parts 61–1—61–999) 62–100 [Reserved] 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) 103–104 [Reserved] 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) 129–200 [Reserved] SUBTITLE D—OTHER PROVISIONS RELATING TO PROPERTY MANAGE- MENT [RESERVED] SUBTITLE E—FEDERAL INFORMATION RESOURCES MANAGEMENT REGULATIONS SYSTEM [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 303–1—303–99) 304 Payment of Travel Expenses from a Non-Federal Source (Parts 304–1—304–99)

Title 42—Public Health

I Public Health Service, Department of Health and Human Serv- ices (Parts 1—199)

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IV Centers for Medicare & Medicaid Services, Department of Health and Human Services (Parts 400—599) V Office of Inspector General-Health Care, Department of Health and Human Services (Parts 1000—1999)

Title 43—Public Lands: Interior

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 400— 999) II Bureau of Land Management, Department of the Interior (Parts 1000—9999) III Utah Reclamation Mitigation and Conservation Commission (Parts 10000—10099)

Title 44—Emergency Management and Assistance

I Federal Emergency Management Agency, Department of Home- land Security (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) [Reserved] 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)

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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) 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 Homeland Security (Parts 1—199) II Maritime Administration, Department of Transportation (Parts 200—399) III Coast Guard (Great Lakes Pilotage), Department of Homeland Security (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) IV National Telecommunications and Information Administration, Department of Commerce, and National Highway Traffic Safe- ty Administration, Department of Transportation (Parts 400— 499)

Title 48—Federal Acquisition Regulations System

1 Federal Acquisition Regulation (Parts 1—99) 2 Defense Acquisition Regulations System, Department of Defense (Parts 200—299) 3 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 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)

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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 Benefits 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) 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) 30 Department of Homeland Security, Homeland Security Acquisi- tion Regulation (HSAR) (Parts 3000—3099) 34 Department of Education Acquisition Regulation (Parts 3400— 3499) 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 [Reserved] 54 Defense Logistics Agency, Department of Defense (Parts 5400— 5499) 57 African Development Foundation (Parts 5700—5799) 61 Civilian Board of Contract Appeals, General Services Adminis- tration (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 Pipeline and Hazardous Materials Safety Administration, De- partment of Transportation (Parts 100—199) II Federal Railroad Administration, Department of Transportation (Parts 200—299)

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III Federal Motor Carrier Safety Administration, Department of Transportation (Parts 300—399) IV Coast Guard, Department of Homeland Security (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) XI Research and Innovative Technology Administration, Depart- ment of Transportation [Reserved] XII Transportation Security Administration, Department of Home- land Security (Parts 1500—1699)

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 Administrative Conference of the United States 1, III Advisory Council on Historic Preservation 36, VIII Advocacy and Outreach, Office of 7, XXV African Development Foundation 22, XV Federal Acquisition Regulation 48, 57 Agency for International Development 2, VII; 22, II Federal Acquisition Regulation 48, 7 Agricultural Marketing Service 7, I, IX, X, XI Agricultural Research Service 7, V Agriculture Department 2, IV; 5, LXXIII Advocacy and Outreach, Office of 7, XXV 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 Economic Research Service 7, XXXVII Energy Policy and New Uses, Office of 2, IX; 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 National Institute of Food and Agriculture 7, XXXIV 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, L Rural Development Administration 7, XLII Rural Housing Service 7, XVIII, XXXV, L Rural Telephone Bank 7, XVI Rural Utilities Service 7, XVII, XVIII, XLII, L 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 Air Transportation Stabilization Board 14, VI Alcohol and Tobacco Tax and Trade Bureau 27, I Alcohol, Tobacco, Firearms, and Explosives, Bureau of 27, II 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

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VerDate Mar<15>2010 11:55 Aug 06, 2012 Jkt 226139 PO 00000 Frm 00507 Fmt 8092 Sfmt 8092 Q:\36\36V1.TXT ofr150 PsN: PC150 CFR Title, Subtitle or Agency Chapter United States and Canada, International Joint Commission 22, IV United States and Mexico, International Boundary and Water 22, XI Commission, United States Section Utah Reclamation Mitigation and Conservation Commission 43, III Veterans Affairs Department 2, VIII; 38, I Federal Acquisition Regulation 48, 8 Veterans’ Employment and Training Service, Office of the 41, 61; 20, IX Assistant Secretary for Vice President of the United States, Office of 32, XXVIII Vocational and Adult Education, Office of 34, IV Wage and Hour Division 29, V Water Resources Council 18, VI Workers’ Compensation Programs, Office of 20, I World Agricultural Outlook Board 7, XXXVIII

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VerDate Mar<15>2010 11:55 Aug 06, 2012 Jkt 226139 PO 00000 Frm 00508 Fmt 8092 Sfmt 8092 Q:\36\36V1.TXT ofr150 PsN: PC150 List of CFR Sections Affected All changes in this volume of the Code of Federal Regulations that were made by documents published in the FEDERAL REGISTER since Jan- uary 1, 2001, are enumerated in the following list. Entries indicate the nature of the changes effected. Page numbers refer to FEDERAL REGISTER pages. The user should consult the entries for chapters and parts as well as sections for revisions. For the period before January 1, 2001, see the ‘‘List of CFR Sections Affected, 1949–1963, 1964–1972, 1973–1985, and 1986–2000’’ published in 11 separate volumes.

2001 36 CFR—Continued 67 FR Page 36 CFR 66 FR Chapter I—Continued Page 7.22 (g)(1), (4), (6) and (7)(vi) re- Chapter I vised; (g)(2) and (3) removed...... 69477 7.13 (l) heading, (1) and (2) intro- 7.100 Revised ...... 8481 ductory text revised; (l)(2) 13.73 (a)(1) amended; (a)(2) redes- heading and (3) through (14) ignated as (3); (a)(1) heading added ...... 7265 and (3) heading revised; (a)(2) Regulation at 66 FR 7265 eff. date added ...... 8483 delayed ...... 8366 7.21 (a) heading removed; (a)(1), 2003 (2) introductory text and (3) revised; (a)(2) heading and (4) 36 CFR 68 FR through (12) added ...... 7266 Page Regulation at 66 FR 7266 eff. date Chapter I delayed ...... 8366 4.23 (a)(2) revised ...... 46279 7.22 (g) revised...... 7267 7.11 Added ...... 50077 Regulation at 66 FR 7267 eff. date 7.13 (l) revised...... 69282 delayed ...... 8366 7.21 (a) revised ...... 69285 18 Revised ...... 66759 7.22 (g) revised ...... 69287 51.56 Revised ...... 35083 7.46 Added; interim...... 16435 51.57 Revised ...... 35083 7.48 (g) added ...... 17306 51.62 Revised ...... 35083 7.65 (c) added...... 32375 73.7 Revised; interim ...... 57880 7.70 (g) added ...... 55465 73.9 Revised; interim ...... 57881 7.73 (a) added; (d) and (e) revised; interim...... 16435 2002 7.89 Added; interim...... 55317 36 CFR 67 FR Page 2004 Chapter I 36 CFR 69 FR 7.13 (l)(2) removed; (l)(5) intro- Page ductory text, (7) introductory Chapter I text, and (11)(i) revised; 7.7 (e)(1) and (2) revised; (e)(3) (11)(viii) amended ...... 69477 through (6) removed...... 53630 7.21 (a)(1), (4) introductory text, 7.13 (l) revised...... 65360 (5) introductory text, and 7.21 (a) revised ...... 65362 (9)(vi) revised; (a)(2) re- 7.22 (g) revised ...... 65364 moved ...... 69477 7.44 Added; eff. 7-14-04...... 32876

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36 CFR—Continued 69 FR 2007 Page Chapter I—Continued 36 CFR 72 FR 7.50 (b) added ...... 53640 Page 7.55 Heading revised; (c) added ...... 35526 Chapter I 7.57 Heading revised; (h) added ...... 30223 1.4 Amended ...... 13702 7.71 (e)(1)(i) through (vi) re- 3 Revised ...... 13702 vised...... 57181 7.13 (l) revised...... 70797 7.79 (d) added ...... 30216 7.21 Revised ...... 70799 13 Authority citation revised...... 70068 7.22 (g) revised ...... 70802 13.1 Amended...... 70068 7.45 (e)(8) removed; (e)(9) redesig- 13.4 Revised ...... 70069 nated as (e)(8)...... 13706 7.48 (d) removed; (e), (f) and (g) re- 13.10 Added ...... 70069 designated as (d), (e) and (f) ...... 13706 13.18 Revised ...... 70069 7.57 (c) removed; (d) through (h) 13.19 Revised ...... 70069 redesignated as (c) through 13.20 Revised ...... 70069 (g) ...... 13706 13.21 (d)(5) added ...... 70070 7.70 (c) and (d) removed; (e), (f) 13.22 (b) revised...... 70070 and (g) redesignated as (c), (d) 13.30 (c) and (d) revised; (h) redes- and (e) ...... 13706 ignated as (i); new (h) added...... 70070 7.79 (c) removed; (d) redesignated 13.46 (e) revised...... 70070 as (c)...... 13706 13.60 (b) added ...... 70070 7.96 (f)(5) added ...... 54843 13.62 (a) revised...... 70070 51.83 Added; eff. 7–12–07 ...... 32190 13.63 (b) revised; (i), (j) and (k) added...... 70070 13.65 (a)(4)(ii) and (5)(i) through 2008 (v) revised; (b)(1) amended; 36 CFR 73 FR (b)(3)(ix)(C)(1), (2) and (5) Page through (9) added; (b)(7) re- Chapter I moved ...... 70071 2.4 (h) added...... 74971 13.66 (b) redesignated as (a); new 7 Authority citation revised ...... 67743 (b) through (e) added ...... 70072 7.13 (l) revised...... 74606 13.67 (b) and (c) added ...... 70073 7.21 (a) revised ...... 74608 13.68 Revised ...... 70073 7.22 (g) revised ...... 74610 13.69 (a)(1) revised...... 70073 7.96 (g)(4) revised ...... 67744 13.72 Revised ...... 70073 7.97 (d) added ...... 54321 13.73 (b) through (e) added ...... 70073 13 Authority citation revised ...... 3185 13.1 Amended ...... 3185 13.440 (b) removed; (c) redesig- 2005 nated as new (b) ...... 3185 36 CFR 70 FR 13.485 (a) and (c) introductory Page text revised ...... 3185 Chapter I 13.550 (Subpart H) Added ...... 3185 7.20 (d) added ...... 38767 13.604 (c) redesignated as (d); new 7.32 (d) added ...... 61905 (c) added...... 3185 7.82 Existing text designated as 13.902 Revised ...... 67393 (a); (b), (c) and (d) added...... 16716 13.903 Added ...... 67393 7.92 (d) added ...... 31353 13.904 Revised ...... 67393 13.905 Added ...... 67393 2006 13.910 Revised ...... 67393 13.918 Added ...... 3186 36 CFR 71 FR 13.920 Added ...... 3186 Page 13.1008 Added ...... 3186 Chapter I 13.1106 Added ...... 3186 7.12 (c) added...... 26244 13.1108 Added ...... 3186 7.27 Revised ...... 76164 13.1109 Added ...... 3186 7.49 Added ...... 53031 13.1118 Added ...... 3186 7.51 (d) added ...... 55119 13.1206 (c) redesignated as (d); new 13 Revised ...... 69333 (c) added...... 3186

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36 CFR—Continued 73 FR 2011 Page Chapter I—Continued 36 CFR 76 FR Page 13.1210 Added ...... 3186 Chapter I 13.1302—13.1328 (Subpart P) Re- vised ...... 3186 7.13 (l)(3)(ii), (4)(vi), (7)(i) introductory text and (8)(i) intro- 13.1604 Added ...... 3187 ductory text revised ...... 77133 13.1912 Added ...... 3187 7.22 (b)(3) and (e)(1) revised; (e)(2), (3) and (4) redesignated as 2009 (e)(3), (4) and (5); new (e)(2) and (h) added...... 61268 36 CFR 74 FR Page 7.96 (g)(3) amended...... 17028 67 Authority citation and head- Chapter I ing revised; nomenclature 7 Authority citation revised ...... 51239 change...... 30541 7.13 (l) revised...... 60180 67.1 Heading and (a) revised; (b) 7.21 Revised ...... 60190 amended...... 30541 7.22 (g) revised ...... 60192 67.4 (g) revised ...... 30541 7.94 Added; interim...... 51239 67.5 Heading revised...... 30541 67.7 Heading revised...... 30541 67.10 (a), (b) and (c)(3) revised ...... 30541 2010 67.11 Revised ...... 30541 36 CFR 75 FR Page 2012 Chapter I (Regulations published from January 1, 2.31 (a)(4) and (5) added ...... 64153 2012, through July 1, 2012) 2.51 Revised ...... 64153 2.52 Revised ...... 64154 36 CFR 77 FR Page 7.94 Removed...... 39170 Chapter I 7.96 (g)(4)(vii) correctly added; 7.58 (b)(1) introductory text re- (g)(5)(iv) correctly removed; vised; (b)(1)(ii) removed; (g)(5)(v) through (xiv) cor- (b)(1)(iii), (iv) and (v) redesig- rectly redesignated as new nated as new (b)(1)(ii), (iii) and (g)(5)(iv) through (xiii) ...... 8807 (iv); (c) added...... 3142 7.67 (f) revised ...... 9855 Æ

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