[Title 36 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[From the U.S. Government Printing Office]



[[Page i]]



                    36


          Parts 1 to 199

                         Revised as of July 1, 2002

Parks, Forests, and Public Property





          Containing a codification of documents of general 
          applicability and future effect
          As of July 1, 2002
          With Ancillaries
          Published by
          Office of the Federal Register
          National Archives and Records
          Administration

A Special Edition of the Federal Register



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                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 2002



  For sale by the Superintendent of Documents, U.S. Government Printing 
                                  Office
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      Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001



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                            Table of Contents



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

  Title 36:
          Chapter I--National Park Service, Department of the 
          Interior                                                   3
  Finding Aids:
      Table of CFR Titles and Chapters........................     431
      Alphabetical List of Agencies Appearing in the CFR......     449
      List of CFR Sections Affected...........................     459



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

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

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

[[Page v]]



                               EXPLANATION

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

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

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

LEGAL STATUS

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

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, July 1, 2002, consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

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

OMB CONTROL NUMBERS

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

[[Page vi]]

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

OBSOLETE PROVISIONS

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

CFR INDEXES AND TABULAR GUIDES

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

REPUBLICATION OF MATERIAL

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

INQUIRIES

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

SALES

    The Government Printing Office (GPO) processes all sales and 
distribution of the CFR. For payment by credit card, call 202-512-1800, 
M-F 8 a.m. to 4 p.m. e.s.t. or fax your order to 202-512-2250, 24 hours 
a day. For payment by check, write to the Superintendent of Documents, 
Attn: New Orders, P.O. Box 371954, Pittsburgh, PA 15250-7954. For GPO 
Customer Service call 202-512-1803.

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, Weekly Compilation of Presidential 
Documents and the Privacy Act Compilation are available in electronic 
format at www.access.gpo.gov/nara (``GPO Access''). For more 
information, contact Electronic Information Dissemination Services, U.S. 
Government Printing Office. Phone 202-512-1530, or 888-293-6498 (toll-
free). E-mail, [email protected].

[[Page vii]]

    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.nara.gov/fedreg. The NARA 
site also contains links to GPO Access.

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

July 1, 2002.



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                               THIS TITLE

    Title 36--Parks, Forests, and Public Property is composed of three 
volumes. The parts in these volumes are arranged in the following order: 
Parts 1 to 199, parts 200 to 299, and part 300 to end. The contents of 
these volumes represent all current regulations codified under this 
title of the CFR as of July 1, 2002.

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

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

[[Page 1]]



              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY




                   (This book contains parts 1 to 199)

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

chapter i--National Park Service, Department of the Interior           1

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




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


  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............          32
4               Vehicles and traffic safety.................          35
5               Commercial and private operations...........          39
6               Solid waste disposal sites in units of the 
                    National Park System....................          43
7               Special regulations, areas of the National 
                    Park System.............................          51
8               Labor standards applicable to employees of 
                    National Park Service concessioners.....         144
9               Minerals management.........................         146
10              Disposal of certain wild animals............         170
11              Arrowhead and Parkscape Symbols.............         171
12              National cemetery regulations...............         172
13              National Park System units in Alaska........         176
14              Rights-of-way...............................         211
17              Conveyance of freehold and leasehold 
                    interests on lands of the National Park 
                    System..................................         227
18              Leasing of properties in park areas.........         230
20              Isle Royale National Park; commercial 
                    fishing.................................         236
21              Hot Springs National Park; bathhouse 
                    regulations.............................         237
25              National military parks; licensed guide 
                    service regulations.....................         239
27              Cape Cod National Seashore; zoning standards         241
28              Fire Island National Seashore: zoning 
                    standards...............................         243
30              Whiskeytown-Shasta-Trinity National 
                    Recreation Area: Zoning standards for 
                    Whiskeytown unit........................         252
34              El Portal Administrative Site regulations...         256
51              Concession contracts........................         258
59              Land and Water Conservation Fund program of 
                    assistance to States; post-completion 
                    compliance responsibilities.............         288

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60              National Register of Historic Places........         292
61              Procedures for State, Tribal, and local 
                    government historic preservation 
                    programs................................         307
62              National Natural Landmarks Program..........         314
63              Determinations of eligibility for inclusion 
                    in the National Register of Historic 
                    Places..................................         324
64              Grants and allocations for recreation and 
                    conservation use of abandoned railroad 
                    rights-of-way...........................         327
65              National Historic Landmarks Program.........         334
67              Historic preservation certifications 
                    pursuant to Sec. 48(g) and Sec. 170(h) 
                    of the Internal Revenue Code of 1986....         344
68              The Secretary of the Interior's standards 
                    for the treatment of historic properties         362
71              Recreation fees.............................         365
72              Urban Park and Recreation Recovery Act of 
                    1978....................................         374
73              World Heritage Convention...................         402
74-77           [Reserved]

78              Waiver of Federal agency responsibilities 
                    under section 110 of the National 
                    Historic Preservation Act...............         409
79              Curation of federally-owned and administered 
                    archaeological collections..............         411
80-199          [Reserved]

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

[[Page 5]]



PART 1--GENERAL PROVISIONS--Table of Contents




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

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

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



Sec. 1.1  Purpose.

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



Sec. 1.2  Applicability and scope.

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

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



Sec. 1.3  Penalties.

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

[[Page 6]]

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

[61 FR 2918, Jan. 30, 1996]



Sec. 1.4  What terms do I need to know?

    (a) The following definitions shall apply to this chapter, unless 
modified by the definitions for a specific part or regulation:
    Abandonment means the voluntary relinquishment of property with no 
intent to retain possession.
    Administrative activities means those activities conducted under the 
authority of the National Park Service for the purpose of safeguarding 
persons or property, implementing management plans and policies 
developed in accordance and consistent with the regulations in this 
chapter, or repairing or maintaining government facilities.
    Airboat means a vessel that is supported by the buoyancy of its hull 
and powered by a propeller or fan above the waterline. This definition 
should not be construed to mean a ``hovercraft,'' that is supported by a 
fan-generated air cushion.
    Aircraft means a device that is used or intended to be used for 
human flight in the air, including powerless flight.
    Archeological resource means material remains of past human life or 
activities that are of archeological interest and are at least 50 years 
of age. This term includes, but shall not be limited to, objects made or 
used by humans, such as pottery, basketry, bottles, weapons, weapon 
projectiles, tools, structures or portions of structures, pit houses, 
rock paintings, rock carvings, intaglios, or any portion or piece of the 
foregoing items, and the physical site, location or context in which 
they are found, or human skeletal materials or graves.
    Authorized emergency vehicle means a vehicle in official use for 
emergency purposes by a Federal agency or an emergency vehicle as 
defined by State law.
    Authorized person means an employee or agent of the National Park 
Service with delegated authority to enforce the provisions of this 
chapter.
    Bicycle means every device propelled solely by human power upon 
which a person or persons may ride on land, having one, two, or more 
wheels, except a manual wheelchair.
    Boundary means the limits of lands or waters administered by the 
National Park Service as specified by Congress, or denoted by 
presidential proclamation, or recorded in the records of a state or 
political subdivision in accordance with applicable law, or published 
pursuant to law, or otherwise published or posted by the National Park 
Service.
    Camping means the erecting of a tent or shelter of natural or 
synthetic material, preparing a sleeping bag or other bedding material 
for use, parking of a motor vehicle, motor home or trailer, or mooring 
of a vessel for the apparent purpose of overnight occupancy.
    Carry means to wear, bear, or have on or about the person.
    Controlled substance means a drug or other substance, or immediate 
precursor, included in schedules I, II, III, IV, or V of part B of the 
Controlled Substance Act (21 U.S.C. 812) or a drug

[[Page 7]]

or substance added to these schedules pursuant to the terms of the Act.
    Cultural resource means material remains of past human life or 
activities that are of significant cultural interest and are less than 
50 years of age. This term includes, but shall not be limited to, 
objects made or used by humans, such as pottery, basketry, bottles, 
weapons, weapon projectiles, tools, structures or portions of 
structures, or any portion or piece of the foregoing items, and the 
physical site, location, or context in which they are found, or human 
skeletal materials or graves.
    Developed area means roads, parking areas, picnic areas, 
campgrounds, or other structures, facilities or lands located within 
development and historic zones depicted on the park area land management 
and use map.
    Director means the Director of the National Park Service.
    Downed aircraft means an aircraft that cannot become airborne as a 
result of mechanical failure, fire, or accident.
    Firearm means a loaded or unloaded pistol, rifle, shotgun or other 
weapon which is designed to, or may be readily converted to, expel a 
projectile by the ignition of a propellant.
    Fish means any member of the subclasses Agnatha, Chondrichthyes, or 
Osteichthyes, or any mollusk or crustacean found in salt water.
    Fishing means taking or attempting to take fish.
    Hunting means taking or attempting to take wildlife, except 
trapping.
    Legislative jurisdiction means lands and waters under the exclusive 
or concurrent jurisdiction of the United States.
    Manual wheelchair means a device that is propelled by human power, 
designed for and used by a mobility-impaired person.
    Motorcycle means every motor vehicle having a seat for the use of 
the rider and designed to travel on not more that three wheels in 
contact with the ground, but excluding a tractor.
    Motorized wheelchair means a self-propelled wheeled device, designed 
solely for and used by a mobility-impaired person for locomotion, that 
is both capable of and suitable for use in indoor pedestrian areas.
    Motor vehicle means every vehicle that is self-propelled and every 
vehicle that is propelled by electric power, but not operated on rails 
or upon water, except a snowmobile and a motorized wheelchair.
    National Park System (Park area) means any area of land and water 
now or hereafter administered by the Secretary of the Interior through 
the National Park Service for park, monument, historic, parkway, 
recreational, or other purposes.
    Net means a seine, weir, net wire, fish trap, or other implement 
designed to entrap fish, except a hand-held landing net used to retrieve 
fish taken by hook and line.
    Nondeveloped area means all lands and waters within park areas other 
than developed areas.
    Operator means a person who operates, drives, controls, otherwise 
has charge of or is in actual physical control of a mechanical mode of 
transportation or any other mechanical equipment.
    Other Federal reservations in the environs of the District of 
Columbia means Federal areas, which are not under the administrative 
jurisdiction of the National Park Service, located in Arlington, 
Fairfax, Loudoun, Prince William, and Stafford Counties and the City of 
Alexandria in Virginia and Prince Georges, Charles, Anne Arundel, and 
Montgomery Counties in Maryland, exclusive of military reservations, 
unless the policing of military reservations by the U.S. Park Police is 
specifically requested by the Secretary of Defense or a designee 
thereof.
    Pack animal means horses, burros, mules or other hoofed mammals when 
designated as pack animals by the superintendent.
    Park area. See the definition for National Park System in this 
section.
    Park road means the main-traveled surface of a roadway open to motor 
vehicles, owned, controlled or otherwise administered by the National 
Park Service.
    Permit means a written authorization to engage in uses or activities 
that are otherwise prohibited, restricted, or regulated.

[[Page 8]]

    Person means an individual, firm, corporation, society, association, 
partnership, or private or public body.
    Personal watercraft refers to a vessel, usually less than 16 feet in 
length, which uses an inboard, internal combustion engine powering a 
water jet pump as its primary source of propulsion. The vessel is 
intended to be operated by a person or persons sitting, standing or 
kneeling on the vessel, rather than within the confines of the hull. The 
length is measured from end to end over the deck excluding sheer, 
meaning a straight line measurement of the overall length from the 
foremost part of the vessel to the aftermost part of the vessel, 
measured parallel to the centerline. Bow sprits, bumpkins, rudders, 
outboard motor brackets, and similar fittings or attachments, are not 
included in the measurement. Length is stated in feet and inches.
    Pet means a dog, cat or any animal that has been domesticated.
    Possession means exercising direct physical control or dominion, 
with or without ownership, over property, or archeological, cultural or 
natural resources.
    Practitioner means a physician, dentist, veterinarian, scientific 
investigator, pharmacy, hospital or other person licensed, registered or 
otherwise permitted by the United States or the jurisdiction in which 
such person practices to distribute or possess a controlled substance in 
the course of professional practice.
    Public use limit means the number of persons; number and type of 
animals; amount, size and type of equipment, vessels, mechanical modes 
of conveyance, or food/beverage containers allowed to enter, be brought 
into, remain in, or be used within a designated geographic area or 
facility; or the length of time a designated geographic area or facility 
may be occupied.
    Refuse means trash, garbage, rubbish, waste papers, bottles or cans, 
debris, litter, oil, solvents, liquid waste, or other discarded 
materials.
    Regional Director means the official in charge of a geographic area 
of the National Park Service.
    Secretary means the Secretary of the Interior.
    Services means, but is not limited to, meals and lodging, labor, 
professional services, transportation, admission to exhibits, use of 
telephone or other utilities, or any act for which payment is 
customarily received.
    Smoking means the carrying of lighted cigarettes, cigars or pipes, 
or the intentional and direct inhalation of smoke from these objects.
    Snowmobile means a self-propelled vehicle intended for travel 
primarily on snow, having a curb weight of not more than 1000 pounds 
(450 kg), driven by a track or tracks in contact with the snow, and 
steered by ski or skis in contact with the snow.
    State means a State, territory, or possession of the United States.
    State law means the applicable and nonconflicting laws, statutes, 
regulations, ordinances, infractions and codes of the State(s) and 
political subdivision(s) within whose exterior boundaries a park area or 
a portion thereof is located.
    Superintendent means the official in charge of a park area or an 
authorized representative thereof.
    Take or taking means to pursue, hunt, harass, harm, shoot, trap, 
net, capture, collect, kill, wound, or attempt to do any of the above.
    Traffic means pedestrians, ridden or herded animals, vehicles, and 
other conveyances, either singly or together while using any road, 
trail, street or other thoroughfare for purpose of travel.
    Traffic control device means a sign, signal, marking or other device 
placed or erected by, or with the concurrence of, the Superintendent for 
the purpose of regulating, warning, guiding or otherwise controlling 
traffic or regulating the parking of vehicles.
    Trap means a snare, trap, mesh, wire or other implement, object or 
mechanical device designed to entrap or kill animals other than fish.
    Trapping means taking or attempting to take wildlife with a trap.
    Underway means when a vessel is not at anchor, moored, made fast to 
the shore or docking facility, or aground.
    Unloaded, as applied to weapons and firearms, means that: (1) There 
is no unexpended shell, cartridge, or projectile in any chamber or 
cylinder of a

[[Page 9]]

firearm or in a clip or magazine inserted in or attached to a firearm;
    (2) A muzzle-loading weapon does not contain gun powder in the pan, 
or the percussion cap is not in place; and
    (3) Bows, crossbows, spear guns or any implement capable of 
discharging a missile or similar device by means of a loading or 
discharging mechanism, when that loading or discharging mechanism is not 
charged or drawn.
    Vehicle means every device in, upon, or by which a person or 
property is or may be transported or drawn on land, except snowmobiles 
and devices moved by human power or used exclusively upon stationary 
rails or track.
    Vessel means every type or description of craft, other than a 
seaplane on the water, used or capable of being used as a means of 
transportation on water, including a buoyant device permitting or 
capable of free flotation.
    Weapon means a firearm, compressed gas or spring-powered pistol or 
rifle, bow and arrow, crossbow, blowgun, speargun, hand-thrown spear, 
slingshot, irritant gas device, explosive device, or any other implement 
designed to discharge missiles, and includes a weapon the possession of 
which is prohibited under the laws of the State in which the park area 
or portion thereof is located.
    Wildlife means any member of the animal kingdom and includes a part, 
product, egg or offspring thereof, or the dead body or part thereof, 
except fish.
    (b) In addition to the definitions in paragraph (a), for the purpose 
of the regulations contained in parts 3 and 7 of this chapter, the 
definitions pertaining to navigation, navigable waters and shipping 
enumerated in title 14 United States Code, title 33 Code of Federal 
Regulations, title 46 Code of Federal Regulations, title 49 Code of 
Federal Regulations, the Federal Boating Safety Act of 1971, and the 
Inland Navigational Rules Act of 1980, shall apply for boating and water 
activities.

[48 FR 30275, June 30, 1983, as amended at 49 FR 18449, Apr. 30, 1984; 
51 FR 37011, Oct. 17, 1986; 52 FR 10683, Apr. 2, 1987; 60 FR 55790, Nov. 
3, 1995; 61 FR 35136, July 5, 1996; 62 FR 30234, June 3, 1997; 65 FR 
15089, Mar. 21, 2000]



Sec. 1.5  Closures and public use limits.

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

[[Page 10]]

necessary and a finding that the termination will not adversely impact 
park resources. This determination shall be available to the public upon 
request.
    (d) To implement a public use limit, the superintendent may 
establish a permit, registration, or reservation system. Permits shall 
be issued in accordance with the criteria and procedures of Sec. 1.6 of 
this chapter.
    (e) Except in emergency situations, the public will be informed of 
closures, designations, and use or activity restrictions or conditions, 
visiting hours, public use limits, public use limit procedures, and the 
termination or relaxation of such, in accordance with Sec. 1.7 of this 
chapter.
    (f) Violating a closure, designation, use or activity restriction or 
condition, schedule of visiting hours, or public use limit is 
prohibited.

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



Sec. 1.6  Permits.

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

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



Sec. 1.7  Public notice.

    (a) Whenever the authority of Sec. 1.5(a) is invoked to restrict or 
control a public use or activity, to relax or revoke an existing 
restriction or control, to designate all or a portion of a park area as 
open or closed, or to require a permit to implement a public use limit, 
the public shall be notified by one or more of the following methods:
    (1) Signs posted at conspicuous locations, such as normal points of 
entry and reasonable intervals along the boundary of the affected park 
locale.
    (2) Maps available in the office of the superintendent and other 
places convenient to the public.
    (3) Publication in a newspaper of general circulation in the 
affected area.
    (4) Other appropriate methods, such as the removal of closure signs, 
use of electronic media, park brochures, maps and handouts.
    (b) In addition to the above-described notification procedures, the 
superintendent shall compile in writing all the designations, closures, 
permit requirements and other restrictions imposed under discretionary 
authority.

[[Page 11]]

This compilation shall be updated annually and made available to the 
public upon request.



Sec. 1.8  Information collection.

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

[52 FR 10683, Apr. 2, 1987]



Sec. 1.10  Symbolic signs.

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

[[Page 12]]

[GRAPHIC] [TIFF OMITTED] TC21OC91.059


[[Page 13]]


[GRAPHIC] [TIFF OMITTED] TR04SE96.001


[[Page 14]]


[GRAPHIC] [TIFF OMITTED] TC26OC91.000


[[Page 15]]


[GRAPHIC] [TIFF OMITTED] TC26OC91.001


[[Page 16]]


[GRAPHIC] [TIFF OMITTED] TC26OC91.002


[[Page 17]]



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



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




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

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

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



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

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

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

[[Page 18]]

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



Sec. 2.2  Wildlife protection.

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

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



Sec. 2.3  Fishing.

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

[[Page 19]]

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

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



Sec. 2.4  Weapons, traps and nets.

    (a)(1) Except as otherwise provided in this section and parts 7 
(special regulations) and 13 (Alaska regulations), the following are 
prohibited:
    (i) Possessing a weapon, trap or net
    (ii) Carrying a weapon, trap or net
    (iii) Using a weapon, trap or net
    (2) Weapons, traps or nets may be carried, possessed or used:
    (i) At designated times and locations in park areas where:
    (A) The taking of wildlife is authorized by law in accordance with 
Sec. 2.2 of this chapter;
    (B) The taking of fish is authorized by law in accordance with 
Sec. 2.3 of this part.
    (ii) When used for target practice at designated times and at 
facilities or locations designed and constructed specifically for this 
purpose and designated pursuant to special regulations.
    (iii) Within a residential dwelling. For purposes of this 
subparagraph only, the term ``residential dwelling'' means a fixed 
housing structure which is either the principal residence of its 
occupants, or is occupied on a regular and recurring basis by its 
occupants as

[[Page 20]]

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

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

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



Sec. 2.5  Research specimens.

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

[[Page 21]]

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



Sec. 2.10  Camping and food storage.

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



Sec. 2.11  Picnicking.

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



Sec. 2.12  Audio disturbances.

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

[[Page 22]]

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



Sec. 2.13  Fires.

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

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



Sec. 2.14  Sanitation and refuse.

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



Sec. 2.15  Pets.

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

[[Page 23]]

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



Sec. 2.16  Horses and pack animals.

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



Sec. 2.17  Aircraft and air delivery.

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

[[Page 24]]

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



Sec. 2.18  Snowmobiles.

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

[[Page 25]]

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

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



Sec. 2.19  Winter activities.

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



Sec. 2.20  Skating, skateboards, and similar devices.

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



Sec. 2.21  Smoking.

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



Sec. 2.22  Property.

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

[[Page 26]]

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

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



Sec. 2.23  Recreation fees.

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



Sec. 2.30  Misappropriation of property and services.

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

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



Sec. 2.31  Trespassing, tampering and vandalism.

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

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



Sec. 2.32  Interfering with agency functions.

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

[[Page 27]]

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

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



Sec. 2.33  Report of injury or damage.

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

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



Sec. 2.34  Disorderly conduct.

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

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



Sec. 2.35  Alcoholic beverages and controlled substances.

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

[[Page 28]]

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

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



Sec. 2.36  Gambling.

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

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



Sec. 2.37  Noncommercial soliciting.

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



Sec. 2.38  Explosives.

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



Sec. 2.50  Special events.

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

[[Page 29]]

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

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



Sec. 2.51  Public assemblies, meetings.

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

[[Page 30]]

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



Sec. 2.52  Sale or distribution of printed matter.

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

[[Page 31]]

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



Sec. 2.60  Livestock use and agriculture.

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

[[Page 32]]



Sec. 2.61  Residing on Federal lands.

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



Sec. 2.62  Memorialization.

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



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




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

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

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



Sec. 3.1  Applicable regulations.

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



Sec. 3.2  National Park Service distinctive identification.

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



Sec. 3.3  Permits.

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

[51 FR 29470, Aug. 18, 1986]

[[Page 33]]



Sec. 3.4  Accidents.

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



Sec. 3.5  Inspections.

    (a) Authorized persons may at any time stop or board a vessel to 
examine documents, licenses or permits relating to operation of the 
vessel, and to inspect such vessel to determine compliance with 
regulations pertaining to safety equipment and operation.
    (b) An authorized person who observes a vessel being operated 
without sufficient lifesaving or firefighting devices, or in an 
overloaded or unsafe condition, as defined in United States Coast Guard 
or National Park Service regulations, may direct the operator to take 
immediate and reasonable steps necessary for the safety of those aboard 
the vessel, including but not limited to directing the operator to:
    (1) Correct the hazardous condition immediately;
    (2) Proceed to a mooring, dock, or anchorage; or
    (3) Suspend further use of the boat until the hazardous condition is 
corrected.
    (c) Violation of directions issued in accordance with paragraph (b) 
of this section is prohibited.



Sec. 3.6  Prohibited operations.

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



Sec. 3.7  Noise abatement.

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

[[Page 34]]



Sec. 3.20  Water skiing.

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



Sec. 3.21  Swimming and bathing.

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



Sec. 3.22  Surfing.

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



Sec. 3.23  SCUBA and snorkeling.

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



Sec. 3.24  Regulation of personal watercraft (PWC).

    (a) Is personal watercraft (PWC) use prohibited in units of the 
National Park System? Yes, the use of personal watercraft in units of 
the National Park System is prohibited, except in designated areas.
    (b) How will the National Park Service designate areas for PWC use? 
We will designate areas for personal watercraft through the Federal 
Register, using special regulations, except for the park areas 
identified in the following Table 1, where personal watercraft use may 
be designated using the criteria and procedures of Secs. 1.5 and 1.7 of 
this chapter:

                    Table 1--Park Designated PWC Use
------------------------------------------------------------------------
                  Name                       Water type        State
------------------------------------------------------------------------
Amistad National Recreation Area........  Impounded Lake.  TX
Bighorn Canyon National Recreation Area.  Impounded Lake.  MT
Chickasaw National Recreation Area......  Impounded Lake.  OK
Curecanti National Recreation Area......  Impounded Lake.  CO
Gateway National Recreation Area........  Open Ocean/Bay.  NY
Glen Canyon National Recreation Area....  Impounded Lake.  AZ/UT
Lake Mead National Recreation Area......  Impounded Lake.  AZ/NV
Lake Meredith National Recreation Area..  Impounded Lake.  TX
Lake Roosevelt National Recreation Area.  Impounded Lake.  WA
Whiskeytown-Shasta-Trinity National       Impounded Lake.  CA
 Recreation Area.
------------------------------------------------------------------------

    (c) How does the grace period apply? For the park areas identified 
in Tables 1 and 2 of this section, this section provides a two-year 
grace period (April 20, 2000 to April 22, 2002) from the requirements of 
this section. During the grace period no authorizing administrative

[[Page 35]]

action is needed to allow PWCs to continue to operate in the park areas 
identified in this section. Table 2 follows:

                  Table 2.--Special Regulation PWC Use
------------------------------------------------------------------------
                  Name                       Water type        State
------------------------------------------------------------------------
I. National Seashores:
    Assateague Island National Seashore.  Open Ocean/Bay.  MD/VA
    Cape Cod National Seashore..........  Open Ocean/Bay.  MA
    Cape Lookout National Seashore......  Open Ocean/Bay.  NC
    Cumberland Island National Seashore.  Open Ocean/Bay.  GA
    Fire Island National Seashore.......  Open Ocean/Bay.  NY
    Gulf Islands National Seashore......  Open Ocean/Bay.  FL/MS
    Padre Island National Seashore......  Open Ocean/Bay.  TX
II. National Lakeshores:
    Indiana Dunes National Lakeshore....  Natural Lake...  IN
    Pictured Rocks National Lakeshore...  Natural Lake...  MI
III. National Recreation Area: Delaware   River..........  PA/NJ
 Water Gap National Recreation Area.
IV. National Preserve: Big Thicket        River..........  TX
 National Preserve.
------------------------------------------------------------------------

[65 FR 15089, Mar. 21, 2000]



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




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

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

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



Sec. 4.1  Applicability and scope.

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



Sec. 4.2  State law applicable.

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



Sec. 4.3  Authorized emergency vehicles.

    (a) The operator of an authorized emergency vehicle, when responding 
to an emergency or when pursuing or apprehending an actual or suspected 
violator of the law, may:
    (1) Disregard traffic control devices;
    (2) Exceed the speed limit; and
    (3) Obstruct traffic.
    (b) The provisions of paragraph (a) of this section do not relieve 
the operator from the duty to operate with due regard for the safety of 
persons and property.



Sec. 4.4  Report of motor vehicle accident.

    (a) The operator of a motor vehicle involved in an accident 
resulting in property damage, personal injury or death shall report the 
accident to the superintendent as soon as practicable, but within 24 
hours of the accident. If the operator is physically incapable of 
reporting the accident, an occupant of the vehicle shall report the 
accident to the superintendent.

[[Page 36]]

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



Sec. 4.10  Travel on park roads and designated routes.

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



Sec. 4.11  Load, weight and size limits.

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



Sec. 4.12  Traffic control devices.

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



Sec. 4.13  Obstructing traffic.

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



Sec. 4.14  Open container of alcoholic beverage.

    (a) Each person within a motor vehicle is responsible for complying 
with the provisions of this section that pertain to carrying an open 
container. The operator of a motor vehicle is the person responsible for 
complying with the provisions of this section that pertain to the 
storage of an open container.
    (b) Carrying or storing a bottle, can or other receptacle containing 
an alcoholic beverage that is open, or has been opened, or whose seal is 
broken or the contents of which have been partially removed, within a 
motor vehicle in a park area is prohibited.

[[Page 37]]

    (c) This section does not apply to:
    (1) An open container stored in the trunk of a motor vehicle or, if 
a motor vehicle is not equipped with a trunk, to an open container 
stored in some other portion of the motor vehicle designed for the 
storage of luggage and not normally occupied by or readily accessible to 
the operator or passengers; or
    (2) An open container stored in the living quarters of a motor home 
or camper; or
    (3) Unless otherwise prohibited, an open container carried or stored 
in a motor vehicle parked at an authorized campsite where the motor 
vehicle's occupant(s) are camping.
    (d) For the purpose of paragraph (c)(1) of this section, a utility 
compartment or glove compartment is deemed to be readily accessible to 
the operator and passengers of a motor vehicle.



Sec. 4.15  Safety belts.

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

[62 FR 61633, Nov. 19, 1997]



Sec. 4.20  Right of way.

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



Sec. 4.21  Speed limits.

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



Sec. 4.22  Unsafe operation.

    (a) The elements of this section constitute offenses that are less 
serious than reckless driving. The offense of reckless driving is 
defined by State law and violations are prosecuted pursuant to the 
provisions of section 4.2 of this chapter.
    (b) The following are prohibited:
    (1) Operating a motor vehicle without due care or at a speed greater 
than that which is reasonable and prudent considering wildlife, traffic, 
weather, road and light conditions and road character.
    (2) Operating a motor vehicle in a manner which unnecessarily causes 
its tires to squeal, skid or break free of the road surface.
    (3) Failing to maintain that degree of control of a motor vehicle 
necessary to avoid danger to persons, property or wildlife.
    (4) Operating a motor vehicle while allowing a person to ride:
    (i) On or within any vehicle, trailer or other mode of conveyance 
towed behind the motor vehicle unless specifically designed for carrying 
passengers while being towed; or
    (ii) On any exterior portion of the motor vehicle not designed or 
intended for the use of a passenger. This restriction does not apply to 
a person seated

[[Page 38]]

on the floor of a truck bed equipped with sides, unless prohibited by 
State law.



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

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



Sec. 4.30  Bicycles.

    (a) The use of a bicycle is prohibited except on park roads, in 
parking areas and on routes designated for bicycle use; provided, 
however, the superintendent may close any park road or parking area to 
bicycle use pursuant to the criteria and procedures of Secs. 1.5 and 1.7 
of this chapter. Routes may only be designated for bicycle use based on 
a written determination that such use is consistent with the protection 
of a park area's natural, scenic and aesthetic values, safety 
considerations and management objectives and will not disturb wildlife 
or park resources.
    (b) Except for routes designated in developed areas and special use 
zones, routes designated for bicycle use shall be promulgated as special 
regulations.
    (c) A person operating a bicycle is subject to all sections of this 
part that apply to an operator of a motor vehicle, except Secs. 4.4, 
4.10, 4.11 and 4.14.
    (d) The following are prohibited:
    (1) Possessing a bicycle in a wilderness area established by Federal 
statute.
    (2) Operating a bicycle during periods of low visibility, or while 
traveling through a tunnel, or between sunset and sunrise, without 
exhibiting on the operator or bicycle a white light or reflector that is 
visible from a distance of at least 500 feet to the front and with a red 
light or reflector visible from at least 200 feet to the rear.
    (3) Operating a bicycle abreast of another bicycle except where 
authorized by the superintendent.

[[Page 39]]

    (4) Operating a bicycle while consuming an alcoholic beverage or 
carrying in hand an open container of an alcoholic beverage.



Sec. 4.31  Hitchhiking.

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



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




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

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

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



Sec. 5.1  Advertisements.

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



Sec. 5.2  Alcoholic beverages; sale of intoxicants.

    (a) The sale of alcoholic, spirituous, vinous, or fermented liquor, 
containing more than 1 percent of alcohol by weight, shall conform with 
all applicable Federal, State, and local laws and regulations (See also 
Sec. 2.35 of this chapter.)
    (b) No such liquor shall be sold on any privately owned lands under 
the legislative jurisdiction of the United States within Glacier, Lassen 
Volcanic Mesa Verde, Denali, Mount Rainier, Olympic, Rocky Mountain, 
Sequoia-Kings Canyon, Yellowstone, or Yosemite National Parks, unless a 
permit for the sale thereof has first been secured from the appropriate 
Regional Director.
    (1) In granting or refusing applications for permits as herein 
provided, the Regional Directors shall take into consideration the 
character of the neighborhood, the availability of other liquor-
dispensing facilities, the local laws governing the sale of liquor, and 
any other local factors which have a relationship to the privilege 
requested.
    (2) A fee will be charged for the issuance of such a permit, 
corresponding to that charged for the exercise of similar privileges 
outside the park area boundaries by the State government, or appropriate 
political subdivision thereof within whose exterior boundaries the place 
covered by the permit is situated.
    (3) The applicant or permittee may appeal to the Director from any 
final action of the appropriate Regional Director refusing, conditioning 
or revoking the permit. Such an appeal shall be filed, in writing, 
within 20 days after receipt of notice by the applicant or permittee of 
the action appealed from. Any final decision of the Director may be 
appealed to the Secretary of the Interior within 15 days after receipt 
of notice by the applicant or permittee of the Director's decision.
    (4) The permit for sale of intoxicating liquors shall contain such 
general and special conditions as the Regional Director may deem 
reasonably necessary to insure safe and orderly management of the park 
area.
    (5) The permittee shall comply with all State and county laws and 
regulations, other than fee and license requirements, which would be 
applicable to the premises and to the sale and dispensing of 
intoxicating beverages if the privately owned lands were not subject

[[Page 40]]

to the jurisdiction of the United States.

[31 FR 16660, Dec. 29, 1966, as amended at 35 FR 12542, Aug. 6, 1970; 65 
FR 37878, June 19, 2000]



Sec. 5.3  Business operations.

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



Sec. 5.4  Commercial passenger-carrying motor vehicles.

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

[[Page 41]]

group that arranges for the transportation, assumes responsibility for 
financial risk and management, and determines who shall be transported 
upon what terms, conditions, or charges. The operator may be the owner, 
but need not be.
    (b) Passenger-carrying motor vehicles, otherwise admissible, that 
are so large as to require special escort in order to proceed safely 
over park roads, or which in the judgment of the Superintendent are 
beyond the carrying capacity or safety factor of the roads, will not be 
permitted in the parks, except that, where they may satisfactorily enter 
and travel to park headquarters they may be parked there during the 
period of stay.

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

[31 FR 16660, Dec. 29, 1966, as amended at 37 FR 12722, June 28, 1972; 
38 FR 10639, Apr. 30, 1973; 60 FR 35841, July 12, 1995; 65 FR 37878, 
June 19, 2000]



Sec. 5.5  Commercial photography.

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



Sec. 5.6  Commercial vehicles.

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



Sec. 5.7  Construction of buildings or other facilities.

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



Sec. 5.8  Discrimination in employment practices.

    (a) The proprietor, owner, or operator of any hotel, inn, lodge or 
other facility or accommodation offered to or enjoyed by the general 
public within any park area is prohibited from discriminating against 
any employee or maintaining any employment practice which discriminates 
because of race, creed, color, ancestry, sex, age, disabling condition, 
or national origin in connection with any activity provided for or 
permitted by contract with or permit from the Government or by 
derivative subcontract or sublease. As used in this section, the term 
``employment'' includes, but is not limited to, employment, upgrading, 
demotion, or transfer; recruitment, or recruitment advertising; layoffs 
or termination; rates of pay or other forms of compensation; and 
selection for training including apprenticeship.
    (b) Each such proprietor, owner or operator shall post either the 
following notice:

[[Page 42]]

                                 Notice

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


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

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



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

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

                                 Notice

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

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

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



Sec. 5.10  Eating, drinking, or lodging establishments.

    (a) No establishment offering food, drink, or lodging for sale on 
any privately owned lands under the legislative jurisdiction of the 
United States within Glacier, Lassen Volcanic, Mesa Verde, Denali, Mount 
Rainier, Olympic, Rocky Mountain, Sequoia-Kings Canyon, Yellowstone, and 
Yosemite National Parks may be operated without a permit obtained from 
the Superintendent. Such permit may include terms and conditions deemed 
necessary by the Superintendent to the health, safety and welfare of the 
public and it may be revoked upon failure to comply with the 
requirements of paragraphs (b) and (c) of this section or the conditions 
set forth in the permit.
    (b) Such establishment shall be maintained and operated in 
accordance with the rules and regulations recommended by the U.S. Public 
Health Service for such establishments, and the substantive requirements 
of State and local laws and regulations relating to such establishments, 
which would apply if such privately owned lands were not subject to the 
jurisdiction of

[[Page 43]]

the United States. In the event of conflict or inconsistency between 
such U.S. Public Health Service recommendations and State or local laws 
the former shall prevail.
    (c) The Superintendent shall have the right to inspect such 
establishments at reasonable times to determine whether the 
establishment is being operated in accordance with the applicable rules 
and regulations and in accordance with the provisions of the permit.

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



Secs. 5.11-5.12  [Reserved]



Sec. 5.13  Nuisances.

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



Sec. 5.14  Prospecting, mining, and mineral leasing.

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



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




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

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

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



Sec. 6.1  Purpose.

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



Sec. 6.2  Applicability and scope.

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

[[Page 44]]

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



Sec. 6.3  Definitions.

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

[[Page 45]]

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



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

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

[[Page 46]]

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



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

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

[[Page 47]]

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



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

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

[[Page 48]]

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



Sec. 6.7  Mining wastes.

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



Sec. 6.8  National Park Service solid waste responsibilities.

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

[[Page 49]]

waste minimization goals established by the NPS.



Sec. 6.9  Permits.

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



Sec. 6.10  Financial assurance.

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

[[Page 50]]

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



Sec. 6.11  Appeals.

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



Sec. 6.12  Prohibited acts and penalties.

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

[[Page 51]]



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




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

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

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

[[Page 52]]

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


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

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



Sec. 7.1  Colonial National Historical Park.

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

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



Sec. 7.2  Crater Lake National Park.

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

[[Page 53]]

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

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



Sec. 7.3  Glacier National Park.

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

[[Page 54]]

                            (Front of Permit)

                     U.S. Department of the Interior

                          national park service

    Revocable Permit for Operation of Eating or Drinking and Lodging 
                             Establishments

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

                                                        Superintendent  

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

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

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

                                                           Permittee    

    Witness:

                                                                    Name

                                                                 Address

                                                                    Name

                                                                 Address

                           (Reverse of Permit)

              General Regulatory Provisions of This Permit

    1. Permittee shall exercise this privilege subject to the 
supervision of the Superintendent of the Park and shall comply with the 
regulations of the Secretary of the Interior governing the Park.
    2. Any building or structure used for the purpose of conducting the 
business herein permitted shall be kept in a safe, and sightly 
condition.
    3. The permittee shall dispose of all refuse from the business 
herein permitted as required by the Superintendent.
    4. Permittee, his agents, and employees shall be responsible for the 
preservation of good order within the vicinity of the business 
operations herein permitted.
    5. Failure of the permittee to comply with all State and county 
substantive laws and ordinances and rules and regulations promulgated 
pursuant thereto applicable to eating, drinking, and lodging 
establishments or to comply with any law or any regulation of the 
Secretary of the Interior governing the Park or with the conditions 
imposed by this permit, will be grounds for revocation of this permit.
    6. This permit may not be transferred or assigned without the 
consent, in writing of the Superintendent.
    7. Neither Members of, nor Delegates to Congress, or Resident 
Commissioners, officers, agents, or employees of the Department of the 
Interior, shall be admitted to any share or part of this permit or 
derive, directly or indirectly, any pecuniary benefit arising therefrom.
    8. Standard Equal Employment Provision to be set out in full as 
provided for by Executive Orders 10925 and 11114.
    9. The following special provisions are made a part of this permit: 
------------------

    (c) Water supply and sewage disposal systems. The provisions of this 
paragraph apply to the privately owned lands within Glacier National 
Park. The provisions of this paragraph do not excuse compliance by 
eating, drinking, or lodging establishments with Sec. 5.10 of the 
chapter.
    (1) Facilities. (i) Subject to the provisions of paragraph (e)(3) of 
this section, no person shall occupy any building or structure intended 
for human habitation, or use, unless such building is served by water 
supply and sewage disposal systems that comply with the standards 
prescribed by State and county laws and regulations applicable in the 
county within whose exterior boundaries such building is located.
    (ii) No person shall construct, rebuild or alter any water supply or 
sewage disposal system without a written permit issued by the 
Superintendent. The Superintendent will issue such permit only after 
receipt of written notification from the appropriate Federal, State, or 
county officer that the plans for such system comply with State or 
county standards. There shall be no charge for such permits. Any person 
aggrieved by an action of the Superintendent with respect to any such 
permit or permit application may appeal in writing to the Director, 
National

[[Page 55]]

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

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

[[Page 56]]



Sec. 7.4  Grand Canyon National Park.

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

[[Page 57]]

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

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



Sec. 7.5  Mount Rainier National Park.

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

[[Page 58]]

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

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



Sec. 7.6  Muir Woods National Monument.

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

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



Sec. 7.7  Rocky Mountain National Park.

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

[[Page 59]]

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

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



Sec. 7.8  Sequoia and Kings Canyon National Parks.

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

[[Page 60]]

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

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



Sec. 7.9  St. Croix National Scenic Rivers.

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

[[Page 61]]

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

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



Sec. 7.10  Zion National Park.

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

[[Page 62]]

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

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



Sec. 7.11  [Reserved]



Sec. 7.12  Gulf Islands National Seashore.

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

[[Page 63]]

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

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



Sec. 7.13  Yellowstone National Park.

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

[[Page 64]]

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

[[Page 65]]

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

[[Page 66]]

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

[[Page 67]]

    (k) Portable engines and motors. The operation of motor-driven chain 
saws, portable motor-driven electric light plants, portable motor-driven 
pumps, and other implements driven by portable engines and motors is 
prohibited in the park, except in Mammoth, Canyon, Fishing Bridge, 
Bridge Bay, Grant Village, and Madison Campgrounds, for park operation 
purposes, and for construction and maintenance projects authorized by 
the Superintendent. This restriction shall not apply to outboard motors 
on waters open to motorboating.
    (l)(1) May I operate a snowmobile in Yellowstone National Park? You 
may operate a snowmobile in Yellowstone National Park in compliance with 
the public use limits and operating conditions established in this 
section. Effective with the end of the winter use season of 2003-2004, 
snowmobile use in Yellowstone National Park is prohibited, except for 
essential administrative use and in emergency situations as determined 
by the Superintendent.
    (2) What routes are designated for snowmobile use in the park 
through the winter season of 2001-2002? Effective until the end of the 
winter use season of 2001-2002, snowmobile use shall be limited to the 
unplowed roadway, which is defined as that portion of the roadway 
located between the road shoulders designated by snow poles or poles, 
ropes, and signs erected by the superintendent to regulate snowmobile 
activity, of the following routes for snowmobile use:
    (i) The Grand Loop Road from its junction with Terrance Springs 
Drive to Norris Junction.
    (ii) Norris Junction to Canyon Road.
    (iii) The Virginia Cascade Drive.
    (iv) The Grand Loop Road from Norris Junction to Madison Junction.
    (v) The West Entrance Road from the Park Boundary at West 
Yellowstone to Madison Junction.
    (vi) The Grand Loop Road from Madison Junction to West Thumb.
    (vii) The Firehole Canyon Drive.
    (viii) The Blacktail Plateau Drive.
    (ix) The Fountain Flat Drive.
    (x) The South Entrance Road from the South Entrance to West Thumb.
    (xi) The Grand Loop Road from West Thumb to its junction with the 
East Entrance Road.
    (xii) The East Entrance Road from the East Entrance to its junction 
with the Grand Loop Road.
    (xiii) The Grand Loop Road from its junction with the East Entrance 
Road to Canyon Junction.
    (xiv) The Canyon Rim Drives.
    (xv) The Grand Loop Road from Canyon Junction to Tower Junction.
    (xvi) In the developed areas of Madison Junction, Old Faithful, 
Grant Village, Lake, Fishing Bridge, Canyon and Norris Junction, 
snowmobile routes to scenic points of interest, lodging and other 
facilities will be designated by appropriate snow poles and signs; said 
routes being limited to the unplowed roadways. The criteria for 
determining specific routes in these areas will be: the most direct 
access, weather and snow conditions and the elimination of congestion 
and improvement of circulation in the interest of public safety.
    (3) What is a winter use season? A winter use season is that portion 
of the winter months that begins each year in approximately late 
November, through the following year ending in approximately the middle 
of March. Specific dates are dependent on weather conditions and the 
availability of NPS facilities and resources and may be adjusted at the 
discretion of the Superintendent. Appropriate notice will be given to 
the public of determined start and ending dates each season.
    (4) When snowmobile use is authorized, where may I operate my 
snowmobile? You may operate your snowmobile upon designated routes 
established within the park. On designated routes, snowmobile use is 
limited to the unplowed roadway, which is distinguished as that portion 
of the roadway located between the road shoulders and is designated by 
snow poles or other poles, ropes, fencing, or signs erected to regulate 
snowmobile activity. The unplowed roadway may also be distinguished by 
the interior boundaries of the berm created by the packing and grooming 
of the unplowed roadway. Snowmobiles may also be operated in pullouts or 
parking areas that are groomed or marked similarly to roadways.

[[Page 68]]

    (5) What routes are designated for snowmobile use in the park during 
the winter season of 2002-2003? During the winter use season of 2002-
2003, the following routes are designated for snowmobile use:
    (i) The Grand Loop Road from its junction with Terrace Springs Drive 
to Norris Junction.
    (ii) Norris Junction to Canyon Junction.
    (iii) The Grand Loop Road from Norris Junction to Madison Junction.
    (iv) The West Entrance Road from the park boundary at West 
Yellowstone to Madison Junction.
    (v) The Grand Loop Road from Madison Junction to West Thumb.
    (vi) The South Entrance Road from the South Entrance to West Thumb.
    (vii) The Grand Loop Road from West Thumb to its junction with the 
East Entrance Road.
    (viii) The East Entrance Road from the East Entrance to its junction 
with the Grand Loop Road.
    (ix) The Grand Loop Road from its junction with the East Entrance 
Road to Canyon Junction.
    (x) The South Canyon Rim Drive.
    (xi) Any groomed or marked pullouts or parking areas along each of 
these routes.
    (xii) In the developed areas of Madison Junction, Old Faithful, 
Grant Village, Lake, Fishing Bridge, Canyon, Indian Creek, and Norris, 
snowmobile routes to scenic points of interest, lodging, and other 
facilities will be designated by appropriate snow poles and signs and 
will be limited to the unplowed roadways in those areas.
    (xiii) The Superintendent may open or close these routes after 
taking into consideration the location of wintering wildlife, 
appropriate snow cover, and other factors that may relate to public 
safety.
    (xiv) Maps detailing the designated routes will be available from 
Park Headquarters.
    (6) What criteria may the Superintendent use to determine the routes 
within the developed areas referred to in paragraph (l)(5)(xii) of this 
section? The Superintendent shall use the criteria in Executive Order 
11644 (3 CFR, 1971-1975 Comp., p. 666) and may use other criteria to 
determine use routes within the developed areas of Madison Junction, Old 
Faithful, Grant Village, Lake, Fishing Bridge, Canyon, Indian Creek and 
Norris including the most direct route of access, weather and snow 
conditions, and those routes necessary to eliminate congestion and 
improve the circulation of the visitor use patterns in the interest of 
public safety.
    (7) What limits are established for the numbers of snowmobiles 
permitted to use the park each day? For the winter use season 2002-2003, 
the numbers of snowmobiles allowed to use the park each day are listed 
in the following table:

------------------------------------------------------------------------
                                                               Maximum
                                                                daily
                                                              number of
                 Park entrance gate or area                  snowmobiles
                                                             allowed per
                                                                 gate
------------------------------------------------------------------------
(i) North Entrance.........................................           60
(ii) West Entrance.........................................          278
(iii) East Entrance........................................           65
(iv) South Entrance........................................           90
------------------------------------------------------------------------

    (8) May I operate a snowcoach in Yellowstone National Park? 
Snowcoaches may be operated in Yellowstone National Park under a 
Concessions Contract or Permit authorized by the Superintendent. 
Snowcoach operation is subject to the conditions of the permit and all 
other conditions identified in this section.
    (9) What is a snowcoach? A snowcoach is a self-propelled mass 
transit vehicle intended for travel on snow, having a curb weight of 
over 1000 pounds (450 kilograms), driven by a track or tracks and 
steered by skis or tracks, having a capacity of at least 8 passengers.
    (10) What routes are designated for snowcoach use? Snowcoaches may 
operate on the same routes designated for snowmobile use in paragraph 
(l)(5) of this section and the following designated routes:
    (i) Firehole Canyon Drive.
    (ii) Fountain Flat Road.
    (iii) Virginia Cascades Drive.
    (iv) North Canyon Rim Drive.
    (v) Riverside Drive.
    (vi) Lake Butte Overlook Drive.
    (vii) The portion of the Grand Loop Road from Canyon Junction to 
Washburn Hot Springs Overlook.
    (11) What other conditions are placed on snowmobile and snowcoach 
operations? Snowmobiles and snowcoaches

[[Page 69]]

may be operated in the park under the following conditions:
    (i) Snowcoaches, and during the winter use season of 2002-2003 
snowmobiles, may not be operated in the park between the hours of 9:00 
p.m. and 8:00 a.m. except by authorization.
    (ii) Idling a snowmobile or snowcoach is limited to 10 minutes at 
any one time.
    (iii) Snowmobiles or snowcoaches that stop on designated routes must 
pull over to the far right next to the snow berm. Stopping the vehicle 
in a hazardous location, or where the view of the vehicle might be 
obscured, such as on a curve, is prohibited. Pullouts must be utilized 
when available and accessible.
    (iv) Snowmobiles and snowcoaches must be properly registered and 
display a valid state registration sticker.
    (v) Snowmobile operators must possess a valid state motor vehicle 
operator's license or learner's permit. The license or permit must be 
carried on the operator's person at all times.
    (vi) Persons operating a snowmobile while possessing a learner's 
permit must be accompanied and supervised within line of sight, but no 
further than 100 yards, by a responsible person 21 years of age or older 
possessing a valid state motor vehicle operator's license.
    (vii) Allowing or permitting an unlicensed driver to operate a 
snowmobile is prohibited.
    (viii) During the winter season of 2002-2003, snowmobiles must be 
accompanied by an NPS permitted guide and may not travel in groups of 
more than 11 snowmobiles.
    (12) May I operate a snowplane in the park? The operation of 
snowplanes in Yellowstone National Park is prohibited.
    (13) What is a snowplane? A snowplane is a self-propelled vehicle 
intended for over-the-snow travel and driven by a pusher-propeller.
    (14) Are there any other forms of over-snow transportation allowed 
in the park? No other forms of motorized over-snow transportation are 
permitted for use in the park unless specifically approved by the 
Superintendent and are consistent with the requirements of the 
applicable Executive Orders and the park's management plans.
    (m) Swimming. The swimming or bathing in a natural, historical, or 
archeological thermal pool or stream that has waters originating 
entirely from a thermal spring or pool is prohibited.

[36 FR 12014, June 24, 1971, as amended at 37 FR 24034, Nov. 11, 1972; 
39 FR 9964, Mar. 15, 1974; 43 FR 21460, May 18, 1978; 45 FR 56343, Aug. 
25, 1980; 48 FR 30293, June 30, 1983; 52 FR 10686, Apr. 2, 1987; 52 FR 
19346, May 22, 1987; 59 FR 43736, Aug. 25, 1994; 66 FR 7265, Jan. 22, 
2001]



Sec. 7.14  Great Smoky Mountains National Park.

    (a) Fishing--(1) License. A person fishing within the park must have 
in possession the proper State fishing license issued by either 
Tennessee or North Carolina. A holder of a valid resident or nonresident 
license issued by either State may fish throughout the park irrespective 
of State boundaries, except in Closed and Excluded Waters.
    (2) Closed and Excluded Waters. All waters of Mingus Creek, Lands 
Creek, Chestnut Branch and that portion of LeConte Creek as posted 
through the park residential area of Twin Creeks, are closed to and 
excluded from fishing.
    (3) Open Waters. (i) All of the waters of the Oconaluftee River 
downstream from where it joins with Raven Fork to the park boundary and 
that portion of Raven Fork from its junction with the Oconaluftee River 
upstream and paralleling the Big Cove Road to the park boundary are open 
to fishing in accordance with the Cherokee Fish and Game Management 
regulations.
    (ii) All other park waters are open to fishing in accordance with 
National Park Service regulations.
    (4) Season. Open all year for rainbow and brown trout, smallmouth 
bass, and redeye (rockbass). All other fish are protected and may not be 
taken by any means.
    (5) Time. Fishing is permitted from sunrise to sunset only.
    (6) Fish and equipment and bait. Fishing is permitted only by use of 
one handheld rod and line.
    (i) Only artificial flies or lures having one single hook may be 
used.

[[Page 70]]

    (ii) The use or possession of any form of fish bait other than 
artificial flies or lures on any park stream while in possession of 
fishing tackle is prohibited.
    (7) Size limits. All trout or bass caught less than the legal length 
shall be immediatley returned unharmed to the water from which taken.
    (i) No trout or bass less than 7[sec] in length may be retained.
    (ii) No size limit on redeye (rockbass).
    (8) Possession limit. (i) Possession limit shall mean and include 
the number of trout, bass or redeye (rockbass) caught in park waters 
which may be in possession, regardless of whether they are fresh, stored 
in ice chests, or otherwise preserved. A person must stop and desist 
from fishing for the remainder of the day upon attaining the possession 
limit.
    (ii) Five, fish, trout, bass, or redeye, or a combination thereof, 
is the maximum number which a person may retain in one day or be in 
possession of at any one time.
    (9) The superintendent may designate certain waters as Experimental 
Fish Management Waters and issue temporary and special rules regulating 
fishing use by posting signs and issuance of official public 
notification. All persons shall observe and abide by such officially 
posted rules pertaining to these specially designated waters.
    (b) Beer and alcoholic beverages. The possession of beer or any 
alcoholic beverages in an open or unsealed container, except in 
designated picnic, camping, or overnight lodging facilities, is 
prohibited.

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



Sec. 7.15  Shenandoah National Park.

    (a) Backcountry camping. For purposes of clarification at Shenandoah 
National Park, ``backcountry camping'' is defined as any use of portable 
shelter or sleeping equipment in the backcountry. ``Backcountry'' is 
defined as those areas of the park which are more than 250 yards from a 
paved road, and more than one-half mile from any park facilities other 
than trails, unpaved roads and trail shelters. The Superintendent may 
designate areas where backcountry camping is prohibited if there would 
be potential damage to park resources or disruption to other park uses. 
Such areas will be marked on maps available in the Superintendent's 
office, visitor centers and ranger stations. A person or group of 
persons may camp overnight at any other backcountry location within the 
park, except:
    (1) No person or group of persons travelling together may camp 
without a valid backcountry camping permit. The issuance of this permit 
may be denied when such action is necessary to protect park resources or 
park visitors, or to regulate levels of visitor use in legislatively-
designated wilderness areas;
    (2) No person may camp in or with a group of more than nine (9) 
other persons;
    (3) No person or group may backcountry camp:
    (i) Within 250 yards or in view from any paved park road or the park 
boundary;
    (ii) Within one-half mile or in view from any automobile campground, 
lodge, restaurant, visitor center, picnic area, ranger station, 
administrative or maintenance area, or other park development or 
facility except a trail, an unpaved road or a trail shelter;
    (iii) On or in view from any trail or unpaved road, or within sight 
of any sign which has been posted by park authorities to designate a no 
camping area;
    (iv) Within view of another camping party, or inside or within view 
from a trail shelter: Provided, however, That backcountry campers may 
seek shelter and sleep within or adjacent to a trail shelter with other 
camping groups, during periods of severely unseasonable weather when the 
protection and amenities of such shelter are deemed essential;
    (v) Within 25 feet of any stream; and
    (4) No person shall backcountry camp more than two (2) consecutive 
nights at a single location. The term ``location'' shall mean that 
particular campsite and the surrounding area within a two hundred fifty 
(250) yard radius of that campsite.

[[Page 71]]

    (b) Powerless flight. The use of devices designed to carry persons 
through the air in powerless flight is allowed at times and locations 
designated by the superintendent, pursuant to the terms and conditions 
of a permit.
    (c) Sanitation. (1) The possession of food or beverage in 
discardable glass containers is prohibited in the backcountry.
    (2) Except in comfort facilities provided therefor, no person in the 
backcountry shall urinate or defecate within ten (10) yards of any 
stream, trail, unpaved road or park facility. Fecal material must be 
placed in a hole and be covered with not less than three (3) inches of 
soil.

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



Sec. 7.16  Yosemite National Park.

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

[[Page 72]]

be appealed to the Director of the National Park Service within 15 days 
after receipt of notice by the applicant or permittee of the Regional 
Director's decision.
    (6) The revocable permit for eating and drinking establishments and 
sale of food and drink authorized in this paragraph to be issued by the 
Superintendent shall contain general regulatory provisions as 
hereinafter set forth, and will include such special conditions as the 
Superintendent may deem necessary to cover existing local circumstances, 
and shall be in a form substantially as follows:

                             Front of Permit

                                                              No. ------

                              united states

                       department of the interior

                          national park service

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

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

                                                          Superintendent

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

\1\ ----------------------------------------------

                                                               (Address)

                                                               (Address)

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

                            Reverse of Permit

              General Regulatory Provisions of This Permit

    1. Permittee shall exercise this privilege subject to the 
supervision of the Superintendent of the Park and shall comply with the 
regulations of the Secretary of the Interior governing the Park.
    2. Any building or structure used for the purpose of conducting the 
business herein permitted shall be kept in a safe, sanitary and sightly 
condition.
    3. Permittee shall dispose of brush and other refuse from the 
business herein permitted as required by the Superintendent.
    4. Permittee shall pay to the United States for any damage resulting 
to Government-owned property from the operation of the business herein 
permitted.
    5. Permittee, his agents, and employees shall take all reasonable 
precautions to prevent forest fires and shall assist the Superintendent 
to extinguish forest fires within the vicinity of the place of business 
herein permitted, and in the preservation of good order within the 
vicinity of the business operations herein permitted.
    6. Failure of the permittee to comply with all State and County 
substantive laws and ordinances applicable to eating and drinking 
establishments and the sale of food and drink, or to comply with any law 
or any regulations of the Secretary of the Interior governing the Park, 
or with the conditions imposed by this permit, will be grounds for 
revocation of this permit.
    7. No disorderly conduct shall be permitted on the premises.
    8. This permit may not be transferred or assigned without the 
consent, in writing, of the Superintendent.
    9. Neither Members of, nor Delegates to Congress, or Resident 
Commissioners, officers, agents, or employees of the Department of the 
Interior shall be admitted to any share or part of this permit or derive 
directly or indirectly, any pecuniary benefit arising therefrom.
    10. The following special provisions are made a part of this permit:

    (i) Motorboats. Motorboats are prohibited on all the natural lakes 
and streams of Yosemite National Park.
    (j) Domestic water supplies and sewage disposal systems--(1) Sewage 
disposal systems--(i) Construction. Any dwelling or establishment 
constructed on privately owned land within Yosemite National Park for 
the purpose of housing one or more persons must be served by an approved 
sewage disposal system prior to occupancy. Such system may not be 
initially constructed or rebuilt without

[[Page 73]]

a permit issued by the Superintendent. Such permit shall be issued only 
after the receipt by the Superintendent of written notification by the 
County Health Officer that the plans for such construction or 
reconstruction are consistent with the requirements of the State and 
county health laws and ordinances applicable to systems not located on 
lands within the park.
    (ii) Existing systems. Any sewage disposal system which was 
constructed and was in use prior to the effective date of this 
regulation shall be subject to inspection by the County Health Officer 
or his duly authorized representative for the purpose of ascertaining 
whether or not such existing sewage disposal system would meet the 
requirements of the State and county health laws and ordinances were 
such system not located on lands within the park. In the event such 
existing system is found by the Health Officer to be substandard and a 
hazard to health, the person, corporation, or other organization 
controlling the structure served by such system shall have one (1) year 
after service of a written notice by the Superintendent to comply with 
the requirements of the State and county health laws and ordinances. 
Such notice shall describe briefly the deficiency as noted by the County 
Health Officer and shall specify what steps must be taken to achieve 
conformity with health regulations. In the event the deficiency 
described in the notice is not remedied within the period set forth 
above, the structures affected by or served by such sewage system shall 
be deemed unfit for human habitation and shall be vacated until such 
deficiency is remedied and a certificate of approval is filed with the 
Superintendent.
    (2) Water supply facilities--(i) Construction of new facilities. 
Domestic water supply facilities for the use of two (2) or more families 
or for use of the general public may not be constructed, installed, or 
reconstructed on the privately owned land within Yosemite National Park 
unless the plans for such facilities are consistent with the 
requirements of State and county health laws and ordinances which would 
be applicable if such water supply facilities were located on privately 
owned lands outside of the park. Facilities for such a new water supply 
system shall not be constructed or reconstructed without a permit issued 
by the Superintendent. A permit will be issued only after the receipt by 
the Superintendent of written notification by the County Health Officer 
that the plans for the construction or reconstruction of the water 
supply system are consistent with the requirements of the State and 
county health laws and ordinances applicable to structures and 
establishments located outside of the park.
    (ii) Existing systems. All water supply systems for the use of two 
(2) or more families or for use by the general public, regardless of 
size and whether or not constructed and in use prior to the effective 
date of this regulation, shall be subject to inspection from time to 
time by the County Health Officer or his duly authorized representative 
for the purpose of ascertaining whether or not such water supply systems 
meet the requirements of the State and county health laws and 
ordinances. In the event any existing system is found by the Health 
Officer to be substandard and a hazard to health, the person, 
corporation, or other organization controlling the premises served by 
such system shall have one (1) year after service of a written notice by 
the Superintendent to comply with the requirements of the State and 
county health laws and ordinances. Such notice shall describe briefly 
the deficiency as noted by the County Health Officer and shall specify 
what steps must be taken to achieve conformity with health regulations. 
In the event the deficiency described by the notice is not remedied 
within the period set forth above, the structures affected by such 
deficiency shall be considered unfit for human habitation and shall be 
vacated until such deficiency is remedied and certificate of approval by 
the County Health Officer is filed with the Superintendent.
    (3) Inspection. The County Health Officer or his duly authorized 
representative shall have the right of inspection for the purpose of 
ascertaining whether domestic water supplies and sewage disposal systems 
located on privately owned lands within Yosemite National

[[Page 74]]

Park meet State and county health standards. Inspection may be made by 
the County Health Officer to assure that construction of such systems, 
and facilities as may be built, rebuilt, or installed complies with 
approved plans.
    (4) Issuance of permits. Permits for the construction or 
reconstruction of sewage or water supply systems shall be issued without 
charge by the Superintendent after written notification by the County 
Health Officer that the plans and specifications for any proposed system 
are deemed to be in conformity with the requirements of the State and 
county health laws and ordinances. Any applicant or permittee aggrieved 
by an action of the Superintendent in refusing or in conditioning a 
permit for the construction or reconstruction of a sewage disposal or a 
water supply system may appeal to the Regional Director, National Park 
Service. Such appeal shall be filed in writing within 20 days after 
receipt of notice by the applicant or permittee of the action of the 
Superintendent. A final decision of the Regional Director may be 
similarly appealed to the Director of the National Park Service within 
15 days after receipt of notice by the applicant or permittee of the 
Regional Director's decision.
    (5) Permits. Permit to construct or reconstruct domestic water 
facilities or a sewage disposal system authorized to be issued by the 
Superintendent in this paragraph shall contain general regulatory 
provisions as hereinafter set forth and may include such special 
conditions as the Superintendent deems necessary. A permit shall be in a 
form substantially as follows:

                                                              No. ------

     United States Department of the Interior National Park Service

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

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

________________________________________________________________________
                                                        (Superintendent)

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

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

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

                            Reverse of Permit

              general regulatory provisions of this permit

    1. Permittee shall construct, build, or rebuild a domestic water 
system and/or a sewage disposal system in accordance with the standards 
of the Mariposa County Health Department.
    2. Permittee shall not occupy constructed dwelling or establishment 
until completion of a bona fide, operational sewage disposal system.
    3. Failure of the permittee to comply with all State and county laws 
and ordinances applicable to domestic water supplies and the disposal of 
sewage, including household waste, or with the conditions imposed by 
this permit will be grounds for requiring the permittee to vacate the 
dwelling or establishment until compliance.
    4. Permittee shall take all reasonable precautions to prevent forest 
fires and shall assist the Superintendent to extinguish forest fires 
within the vicinity of the structure herein permitted.
    5. This permit may not be transferred or assigned without the 
consent, in writing, of the Superintendent.
    6. The following special provisions are made a part of this permit:

    (k) Skelton Lakes and Delaney Creek from its beginning at the outlet 
of the lower Skelton Lake to its interception with the Tuolumne Meadows-
-Young Lakes Trail, are closed to all public fishing.

[[Page 75]]

    (l) Motor vehicles driven or moved upon a park road must be 
registered and properly display current license plates. Such 
registration may be with a State or other appropriate authority or, in 
the case of motor vehicles operated exclusively on park roads, with the 
superintendent. An annual registration fee of $6 will be charged for 
vehicles registered with the superintendent which are not connected with 
the operation of the park.
    (m) Trucking. (1) The fees for special trucking permits issued in 
emergencies pursuant to paragraph (b) of Sec. 5.6 of this chapter shall 
be based on the licensed capacity of trucks, trailers, or semitrailers, 
as follows:

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

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

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



Sec. 7.17  Cuyahoga Valley National Recreation Area.

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

[47 FR 24299, June 4, 1982]



Sec. 7.18  Hot Springs National Park.

    (a) Commercial Vehicles. Permits shall be required for the operation 
of commercial passenger-carrying vehicles, including taxicabs, carrying 
passengers for hire over park roads for sightseeing purposes. The fees 
for such permits shall be as follows:
    (1) Fleet operator; equipment that includes any combination of 
commercial passenger-carrying vehicles, including taxicabs. Calendar-
year permit--$25.
    (2) Bus operator; equipment limited to a single bus-type vehicle 
with passenger-carrying seat capacity in excess of eight persons. 
Calendar-year permit--$20.
    (3) Taxicab operator; equipment limited to a single vehicle with a 
capacity of not over eight passenger-carrying seats. Calendar-year 
permit--$12.
    (4) The fees for permits issued for commercial passenger-carrying 
vehicle operations starting on or after July 1 of each calender year 
will be one-half of the respective rates mentioned in paragraphs (a)(1), 
(2), and (3) of this section.
    (b) Use of water. The taking or carrying away of water, hot or cold, 
from any of the springs, fountains, or other sources of supply in Hot 
Springs National Park for the purpose of sale, or for any use other than 
personal drinking, is prohibited.

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

[[Page 76]]



Sec. 7.19  Canyon de Chelly National Monument.

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

[32 FR 13129, Sept. 15, 1967]



Sec. 7.20  Fire Island National Seashore.

    (a) Operation of motor vehicles--(1) Definitions. The following 
definitions shall apply to all provisions of this paragraph (a):
    (i) ``Act'' means the Act of September 11, 1964 (Pub. L. 88-587, 78 
Stat. 928, 16 U.S.C. 459e et seq.), or as the same may be amended or 
supplemented, which authorizes the establishment of the Seashore.
    (ii) ``Seashore lands'' means any lands or interests in lands owned 
or hereafter acquired by the United States within the authorized 
boundaries of the Seashore. It shall also mean any lands or interests in 
lands owned by the United States which are on the island, outside the 
authorized boundaries of the Seashore, and managed for recreational 
purposes by the National Park Service pursuant to an agreement with 
another Federal agency.
    (iii) ``Island'' means the entirety of Fire Island, New York; 
without regard for property ownership, jurisdiction, or the boundaries 
of Fire Island National Seashore.
    (iv) ``Mainland'' means the land of Long Island, N.Y.
    (v) ``Motor vehicle'' means a device which is self-propelled by 
internal combustion or electrical energy and in, upon, or by which any 
person or material is or may be transported on land.
    (vi) ``Dune crossing'' means an access route over a primary dune 
which has been designated and appropriately posted.
    (vii) ``Public utility vehicle'' means any motor vehicle operated 
and owned or leased by a public utility or public service company 
franchised or licensed to supply, on the island, electricity, water, or 
telephone service, while that vehicle is in use for supplying such 
service.
    (viii) ``Year-round residents'' means those persons who are legally 
domiciled on the island and who, in addition, physically reside in their 
fixed and permanent homes on the island continuously, except for brief 
and occasional absences, for 12 months of the year.
    (ix) ``Part-time residents'' means those persons who physically and 
continuously reside in their homes on the Island for less than 12 months 
of the year.
    (x) ``Essential service vehicle'' means any motor vehicle other than 
a public utility vehicle whose use on the Island is essential to the 
continued use of residences on the Island. This may include vehicles 
used for the following purposes, while in use for such purposes:
    (A) Transporting heating fuel and bottled gas.
    (B) Sanitation or refuse removal.
    (xi) ``Official vehicle'' means any motor vehicle operated and owned 
or leased by a Federal, State, or local governmental agency, except for 
law enforcement vehicles and fire fighting apparatus, while that vehicle 
is being used to transact the official business of that agency.
    (xii) ``Construction and business vehicle'' means any motor vehicle 
other than a public utility vehicle or essential service vehicle 
involved in construction, maintenance, or repair of structures on the 
Island or the transportation of materials or supplies to retail business 
establishments on the Island.
    (2) Routes for motor vehicle travel. No motor vehicle may be 
operated on Seashore lands except on routes designated

[[Page 77]]

for that purpose and subject to the limitations of this paragraph (a). 
The following are the routes for off-road motor vehicle travel on 
Seashore lands, which shall be designated on a map available at the 
office of the Superintendent or by the posting of signs where 
appropriate:
    (i) Along the Atlantic Ocean on the south shore of Fire Island, 
within the Seashore boundaries between the water's edge and 20 feet 
seaward of the beach grass (Ammophila breviligata) line. If the water is 
higher than this 20-foot line, no vehicle travel is permitted.
    (ii) A 1-mile route in the interior of the Island, crossing the 
``Lighthouse Tract'' from the easterly end of the paved road in Robert 
Moses State Park to the eastern boundary of the Tract, which is the 
western boundary of the community of Lighthouse Shores-Kismet Park.
    (iii) An interior route which extends intermittently the length of 
the island, commonly referred to as the ``Burma Road,'' for limited 
travel by public utility and law enforcement vehicles and fire fighting 
apparatus.
    (iv) Posted dune crossings from the beach to the ``Burma Road'' or 
to pathways within the island communities.
    (3) Alternative means of transportation. In providing for access to 
the island, the Superintendent shall require maximum possible reliance 
on those means of transportation which are other than private motor 
vehicles and which have the minimum feasible impact on Seashore lands. 
As used in this paragraph (a), the term ``alternative transportation'' 
shall mean a waterborne conveyance that is licensed for hire and that 
provides a reasonable means of transportation between the mainland and 
the island. Such alternative transportation shall be deemed to exist for 
each particular factual situation in which:
    (i) The schedule of the transportation service in question permits 
departure from an island terminal before 9 a.m. and departure from a 
mainland terminal after 5 p.m. on the same day; and
    (ii) When the interval between the earliest and latest service 
provided by the transportation service in question on any day exceeds 8 
hours, such service provides at least one round trip between the 
mainland and the island during that interval; and
    (iii) The island transportation terminal in question is no more than 
one mile from the point of origin or destination on the island or from a 
point on the island to which access by motor vehicle is permitted; and
    (iv) The mode of transportation in question is adequate to carry the 
person or object to be transported.
    (4) Permit required. No motor vehicle, other than a piece of 
firefighting apparatus or a motor vehicle operated and owned or leased 
by a duly constituted law enforcement agency having jurisdiction within 
the Seashore, shall be operated on Seashore lands without a valid permit 
issued by the Superintendent.
    (5) Permit eligibility. Any person, firm, partnership, corporation, 
organization, or agency falling within the categories listed below may 
apply to the Superintendent for a permit, using a form to be supplied 
for that purpose. The following will be eligible to submit permit 
applications:
    (i) Those persons who are year-round residents.
    (ii) Those persons who held part-time permits prior to January 1, 
1978.
    (iii) Those persons, firms, partnerships, corporations, 
organizations, or agencies which provide services essential to public 
facilities and the occupancy of residences on the Island.
    (iv) Those persons who desire access by motor vehicle to Seashore 
lands in order to engage in fishing or hunting thereon, provided such 
access is compatible with conservation and preservation of Seashore 
resources.
    (v) Those owners of estates in real property located on the Island 
who have a demonstrated need for temporary access to that property on 
days when there is no alternative transportation.
    (vi) Holders of reserved rights of use and occupancy.
    (6) Standards for issuance of permits. Permits will not be issued 
for the convenience of travel on Seashore lands. The Superintendent 
shall approve an application for a motor vehicle permit with appropriate 
limitations and restrictions or deny the application, in

[[Page 78]]

accordance with the provisions of this paragraph (a). Permits will be 
issued only for those motor vehicles whose travel on Seashore lands is 
deemed by the Superintendent to be essential to the management or 
enjoyment of Seashore resources, or to the occupancy of residences or 
the ownership of real property on the island. In making this 
determination, the Superintendent shall consider the purposes of the Act 
in providing for the conservation and preservation of the natural 
resources of the Seashore and for the enjoyment of these resources by 
the public; the scope and purpose of such travel; the availability of 
alternative transportation on the day or days when the applicant for a 
permit requests to travel on Seashore lands; the present or past 
issuance of other permits to the applicant; any limitations on numbers 
of permits established pursuant to paragraph (a)(8); and, in the case of 
public utility, service, and official vehicles, the feasibility of 
basing such vehicles and related equipment on the island rather than the 
mainland.
    (7) Vehicle restrictions. Any motor vehicle whose owner or operator 
has been found to qualify for a permit, according to the standards set 
forth in paragraphs (a) (5) and (6), must, prior to the issuance of such 
permit:
    (i) Have a valid permit or other authorization for operation on the 
island issued by the local government agency or agencies within whose 
jurisdiction the travel is to be performed, if such permission or 
authorization is required by such agency or agencies.
    (ii) Be capable of four-wheel drive operation.
    (iii) Have a rated gross vehicle weight not in excess of 10,000 
pounds, unless the use of a larger vehicle will result in a reduction of 
overall motor vehicle travel.
    (iv) Meet the requirements of Sec. 4.10(c)(3) of this chapter and 
conform to all applicable State laws regarding licensing, registration, 
inspection, insurance, and required equipment.
    (8) Limitations on number of permits. (i) The Superintendent may 
limit the total number of permits for motor vehicle travel on Seashore 
lands, and/or limit the number of permits issued for each category of 
eligible applicants listed in paragraph (a)(5) of this section as the 
Superintendent deems necessary for resource protection, public safety, 
or visitor enjoyment. In establishing or revising such limits, the 
Superintendent shall consider such factors as the type of use or purpose 
for which travel is authorized, the availability of other means of 
transportation, limits established by local jurisdictions, historic 
patterns of use, conflicts with other users, existing multiple permits 
held by individuals or a household, aesthetic and scenic values, visitor 
uses, safety, soil, weather, erosion, terrain, wildlife, vegetation, 
noise, and management capabilities. A revision of these limitations 
shall be published as a rule in the Federal Register except in emergency 
situations when closures may be imposed in accordance with the 
provisions of Sec. 1.5 and Sec. 1.7 of this chapter.
    (ii) Limitations on permits for motor vehicle travel on Seashore 
lands, according to eligible applicant category, are as follows:
    (A) Year-round residents. No more than 145 permits at any time are 
issued to year-round residents. A year-round resident who is denied a 
permit because the limit has been reached is placed on a waiting list. 
When the number of outstanding permits drops below 145, permits are 
issued in order of the date of receipt of the application. When multiple 
applications are received on the same day, priority is given to persons 
both living and working full time on the Island. One year-round resident 
permit is allowed per household. Permit applications are mailed by the 
Superintendent by December 1 of each year to those year-round residents 
eligible to renew their permit. The deadline for receipt of completed 
applications is January 31 of the permit year. Applications received 
after January 31 are not considered as renewals of existing permits. 
Should the 145 limit be reached, late applications are placed at the end 
of the waiting list.
    (B) Part-time residents. Permits are issued only to part-time 
residents who held a residential permit as of January 1, 1978. No more 
than 100 part-time resident permits are issued. A part-time resident who 
becomes a year-round resident is eligible to apply for a

[[Page 79]]

year-round resident permit in accordance with paragraph (a)(8)(ii)(A) of 
this section. A year-round resident permit holder as of January 1, 1978, 
who no longer qualifies as a year-round resident, may be eligible to 
obtain a part-time resident permit as long as the 100 limit is not 
exceeded and the part-time resident definition is satisfied.
    (C) Holders of reserved rights of use and occupancy. A holder of a 
reserved right of use and occupancy, or a lessee thereof, occupying a 
property acquired by the National Park Service in the eight-mile area 
described in the Act, is issued a permit consistent with the terms under 
which the right of use and occupancy is retained.
    (D) Public utility and essential service vehicles. No more than 30 
permits at any time are issued to public utility and essential service 
vehicles. After consultation with the property owners' association of 
the appropriate unincorporated community or the village clerk for the 
Villages of Ocean Beach and Saltaire, the Superintendent may apportion 
permits to allow minimal service needs to each community.
    (E) Construction and business vehicles. No more than 80 permits at 
any time are issued to construction and business vehicles. An operator 
of a construction or business vehicle who is denied a permit because the 
limit has been reached is placed on a waiting list. When the number of 
outstanding permits drops below 80, permits are issued in order of the 
date of receipt of the application. An operator of a construction or 
business vehicle may apply for either a 30-day-per-job permit or a one-
year letter permit. Only a year-round construction firm or a year-round 
business is eligible for a one-year letter permit and only as long as 
the firm or business remains in year-round operation. Notwithstanding 
possession of either a 30-day permit or a one-year letter permit, when 
water transportation is available, a firm or business shall accomplish 
all transportation of materials, supplies, and crews by use of the 
nearest available ferry, freight, or other overwater transportation 
method. When water transportation is available, vehicles permitted under 
a 30-day permit may remain at the job site but must be removed upon the 
completion of the job.
    (F) Municipal employees. A year-round resident who is a full-time 
employee of one of the two villages or of one of the 15 unincorporated 
communities identified in the Act is eligible for a permit if such 
employment necessitates year-round Island residence. Five (5) municipal 
employee permits are available for each village or community except on 
the basis of documented community need.
    (G) Recreational vehicles. Recreational vehicles may travel between 
Smith Point and Long Cove along the route described in paragraph 
(a)(2)(i) of this section. A total of 5000 one-way trips per year are 
available for the recreational vehicle category. Permits for 
recreational vehicles may be obtained from the Smith Point Visitor 
Center. Annual recreational vehicle trip counts commence in September of 
each year and conclude the following June or when the 5000 trip limit is 
reached, whichever occurs first.
    (9) Permit limitations. (i) No permit issued under these regulations 
shall be valid for more than one year. The superintendent may issue 
permits for lesser periods, as appropriate for the travel required or 
the time of year at which a permit is issued.
    (ii) Permits for public utility, service, and official vehicles 
shall specify the number of vehicles and identify each vehicle whose use 
is authorized thereby. Permits for other motor vehicles will apply only 
to the single, specific vehicle for which issued.
    (iii) Permits are not transferable to another motor vehicle or to a 
new owner or lessee of the vehicle for which issued.
    (iv) Permits may specify a single or multiple uses or purposes for 
which travel on Seashore lands is permitted. The limitations and 
restrictions on authorized travel set forth in paragraph (a)(10) of this 
section shall apply, however, depending upon the specific use or purpose 
for which a permitted motor vehicle is being utilized at the time of 
travel.
    (v) Permits may contain such other limitations or conditions as the 
Superintendent deems necessary for resource protection, public safety, 
or visitor enjoyment. Limitations may include, but will not be limited 
to, restrictions on

[[Page 80]]

locations where vehicle travel is authorized and times, dates, or 
frequency of travel, in accordance with the provisions of this paragraph 
(a).
    (10) Authorized travel. (i) Except as specifically provided 
elsewhere in this paragraph (a)(10), travel across Seashore lands by 
motor vehicles with valid permits will be authorized only on those days 
in which the island location, which is the point of origin or 
destination of travel or is another point to which access by motor 
vehicle is permitted, is not served by alternative transportation.

When alternative transportation services satisfy the definition of 
alternative transportation in paragraph (a)(3), the schedule of 
transportation services available for the island community or 
communities named in the permit application shall determine the days 
when travel is not authorized for the motor vehicle to which that permit 
applies.
    (ii) Except as provided in paragraph (a)(10)(iii) of this section, 
on any day on which travel by motor vehicle is authorized due to a lack 
of alternative transportation, travel shall be limited to not more than 
one round trip per vehicle per day between the mainland and the Island, 
and may be performed at any time except the following periods:
    (A) From 9 a.m. to 6 p.m. on all Saturdays, Sundays, and national 
holidays from May 1 through June 13 and from September 15 through 
October 31.
    (B) From 9 a.m. to 6 p.m. on all weekdays, and from 6 p.m. Friday to 
9 a.m. the following Monday on all weekends, from June 14 through 
September 14.
    (iii) Exceptions. (A) From the Monday after Labor Day through the 
Friday before Memorial Day, a year-round resident may make no more than 
two round trips per day for residential purposes.
    (B) The Seashore is closed to all recreational vehicles from January 
1 through March 31 and from June 14 through September 14. During the 
periods when the Seashore is open for recreational vehicle traffic, an 
operator of a recreational vehicle may make no more than two round trips 
per day. On weekend days in September and October, a recreational 
vehicle may enter the Island until 9:00 a.m. A recreational vehicle that 
has entered the Island may then remain or may depart but may not re-
enter the Island until after 6:00 p.m.
    (iv) The Superintendent may, for situations where the restrictions 
in paragraph (a)(10)(ii) would create a severe hardship, authorize 
additional trips or travel at other hours.
    (v) In the case of public utility, service, and official vehicles 
for which permits have been issued, the Superintendent may authorize 
travel on Seashore lands at any time that he determines travel by such 
vehicles is essential, notwithstanding the above limitations and 
restrictions on authorized travel.
    (vi) Recurring travel conducted pursuant to paragraph (a)(10) (iv) 
or (v) of this section is authorized only pursuant to the terms and 
conditions of the original permit issued by the Superintendent; single 
occasion travel is authorized only pursuant to the terms and conditions 
of a permit issued by the Superintendent on a case by case basis.
    (vii) In an emergency involving the protection of life or a 
threatened substantial loss of property, travel by a motor vehicle which 
is under permit is authorized at any time.
    (viii) The Superintendent may suspend any travel by motor vehicle 
otherwise permitted under this paragraph (a) when in his judgment such 
travel is inconsistent with the purpose of the Act or when such factors 
as weather, tides, or other physical conditions render travel hazardous 
or would endanger Seashore resources. Such suspension of travel shall be 
announced by the posting of appropriate signs or verbal order of the 
Superintendent.
    (ix) In accordance with the procedures set forth in Sec. 1.5 of this 
chapter, the Superintendent may establish a limit on the number of motor 
vehicles permitted on any portion of, or the entirety of, the Seashore 
lands at any one time when such limits are required in the interests of 
public safety, protection of the resources of the area, or coordination 
with other visitor uses.
    (x) The provisions of this paragraph (a)(10) shall not apply to 
firefighting

[[Page 81]]

apparatus or to motor vehicles operated and owned or leased by a duly 
constituted law enforcement agency having jurisdiction within the 
Seashore.
    (11) Rules of travel. (i) When two motor vehicles approach from 
opposite directions in the same track on Seashore lands, both operators 
shall reduce speed and the operator with the water to his left shall 
yield the right of way by turning out of the track to the right.
    (ii) No motor vehicle shall be operated on any portion of a dune on 
Seashore lands except at dune crossings.
    (iii) No person shall operate a motor vehicle on Seashore lands at a 
speed in excess of 20 miles per hour.
    (iv) The speed of any motor vehicle being operated on Seashore lands 
shall be reduced to five miles per hour upon approaching or passing 
within 100 feet of any person not in a motor vehicle, or when passing 
through or over any dune crossings.
    (12) Violations. (i) Failure to comply with the conditions of any 
permit issued pursuant to this paragraph will constitute a violation of 
these regulations.
    (ii) In addition to any penalty required by Sec. 1.3(a) of this 
chapter for a violation of regulations in this paragraph, the 
Superintendent may suspend or revoke the permit of a motor vehicle 
involved in such a violation.
    (b) Operation of Seaplane and Amphibious Aircraft. (1) Aircraft may 
be operated on the waters of the Great South Bay and the Atlantic Ocean 
within the boundaries of Fire Island National Seashore, except as 
restricted in Sec. 2.17 of this chapter and by the provisions of 
paragraph (b)(2) of this section.
    (2) Except as provided in paragraph (b)(3) of this section, the 
waters of the Great South Bay and the Atlantic Ocean within the 
boundaries of Fire Island National Seashore are closed to take-offs, 
landings, beachings, approaches or other aircraft operations at the 
following locations:
    (i) Within 1000 feet of any shoreline, including islands.
    (ii) Within 1000 feet of lands within the boundaries of the 
incorporated villages of Ocean Beach and Saltaire and the village of 
Seaview.
    (3) Aircraft may taxi on routes perpendicular to the shoreline to 
and from docking facilities at the following locations:
    (i) Kismet--located at approximate longitude 73 deg. 12\1/2\[min] 
and approximate latitude 40 deg. 38\1/2\[min].
    (ii) Lonelyville--located at approximate longitude 73 deg. 11[min] 
and approximate latitude 40 deg. 38\1/2\[min].
    (iii) Atlantique--located at approximate longitude 73 deg. 10\1/
2\[min] and approximate latitude 40 deg. 38\1/2\[min].
    (iv) Fire Island Pines--located at approximate longitude 73 deg. 
04\1/2\[min] and approximate latitude 40 deg. 40[min].
    (v) Water Island--located at approximate longitude 73 deg. 02[min] 
and approximate latitude 40 deg. 40\1/2\[min].
    (vi) Davis Park--located at approximate longitude 73 deg. 00\1/
2\[min] and approximate latitude 40 deg. 41[min].
    (4) Aircraft operation in the vicinity of marinas, boats, boat 
docks, floats, piers, ramps, bird nesting areas, or bathing beaches must 
be performed with due caution and regard for persons and property and in 
accordance with any posted signs or uniform waterway markers.
    (5) Aircraft are prohibited from landing or taking off from any land 
surfaces, any estuary, lagoon, marsh, pond, tidal flat, paved surface, 
or any waters temporarily covering a beach; except with prior 
authorization of the Superintendent. Permission shall be based on the 
need for emergency service, resource protection, resource management or 
law enforcement.
    (6) Aircraft operations shall comply with all Federal, State and 
county ordinances and rules for operations as may be indicated in 
available navigation charts or other aids to aviation which are 
available for the Fire Island area.
    (c) Information collection. The information collection requirements 
contained in this section have been approved by the Office of Management 
and Budget under 44 U.S.C. 3501 et seq. and assigned clearance number 
1024-0026. This information is being collected in order for the 
superintendent

[[Page 82]]

to issue permits and grant administrative benefits. The obligation to 
respond is required in order to obtain a benefit.

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



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

    (a)(1) May I operate a snowmobile in the Parkway? You may operate a 
snowmobile in the Parkway in compliance within the public use limits and 
operating conditions established in this section until the end of the 
winter use season of 2002-2003 at which time snowmobile use in the 
Parkway is prohibited except for essential administrative use and in 
emergency situations as determined by the Superintendent.
    (2) What routes are designated for snowmobile use in the Parkway 
prior to the winter use season of 2002-2003? Effective until the end of 
the winter use season of 2001-2002, the following are the designated 
routes to be open to snowmobile use:
    (i) The Ashton-Flagg Ranch Road between the western boundary of the 
Parkway and its junction with U.S. Highway 89-287.
    (ii) The unplowed portion of U.S. Highway 89-287 between Flagg Ranch 
and the south boundary of Yellowstone National Park.
    (3) What is a winter use season? A winter use season is that portion 
of the winter months that begins each year in approximately late 
November through the following year ending in approximately the middle 
of March. Dates are dependent on weather conditions and the availability 
of NPS facilities and resources and may be adjusted at the discretion of 
the Superintendent. Appropriate notice will be given to the public of 
determined start and ending dates each season.
    (4) What routes are designated for snowmobile use in the Parkway in 
the winter use season of 2002-2003? During the winter use season of 
2002-2003, the following routes are designated for snowmobile use:
    (i) The Continental Divide Snowmobile Trail (CDST) along U.S. 
Highway 89/287 from the southern boundary of the Parkway to Flagg Ranch.
    (ii) Along U.S. Highway 89/287 from Flagg Ranch to the northern 
boundary of the Parkway.
    (iii) Grassy Lake Road from Flagg Ranch to the western boundary of 
the Parkway.
    (iv) The Superintendent may open or close these routes after taking 
into consideration the location of wintering wildlife, appropriate snow 
cover, and other factors that may relate to public safety.
    (v) Maps detailing the designated routes will be available from Park 
Headquarters.
    (5) What limits are established for the numbers of snowmobiles 
permitted to use the Parkway each day? For the winter use season 2002-
2003, the numbers of snowmobiles allowed to use the Parkway each day are 
listed in the following table:

------------------------------------------------------------------------
                                                               Maximum
                                                              number of
                 Park entrance gate or area                  snowmobiles
                                                             allowed per
                                                                 gate
------------------------------------------------------------------------
(i) Continental Divide Snowmobile Trail (along U.S. 89/287)           25
 from the southern boundary of the JDR Parkway to Flagg
 Ranch.....................................................
(ii) (Along U.S. 89/287) Flagg Ranch to northern boundary             90
 of Parkway................................................
(iii) Grassy Lake Road.....................................           25
------------------------------------------------------------------------

    (6) May I operate a snowcoach in the Parkway? Snowcoaches may be 
operated in the Parkway under a Concessions Contract or Permit 
authorized by the Superintendent. Snowcoach operation is subject to the 
conditions of the permit and all other conditions identified in this 
section.
    (7) What is a snowcoach? A snowcoach is a self-propelled mass 
transit vehicle intended for travel on snow, having a curb weight of 
over 1000 pounds (450 kilograms), driven by a track or tracks and 
steered by skis or tracks, having a capacity of at least 8 passengers.
    (8) What routes are designated for snowcoach use? Snowcoaches may 
operate on the routes designated for snowmobile use in paragraphs 
(a)(4)(i) through (iii) of this section.
    (9) What other conditions are placed on snowmobile and snowcoach 
operations? Snowmobiles and snowcoaches may be operated under the 
following conditions:

[[Page 83]]

    (i) Snowmobiles or snowcoaches that stop on designated routes must 
pull over to the far right next to the snow berm. Stopping the vehicle 
in a hazardous location, or where the view of the vehicle might be 
obscured, such as on a curve, is prohibited. Pullouts must be utilized 
when available and accessible.
    (ii) Snowmobiles and snowcoaches must be properly registered and 
display a valid state registration sticker.
    (iii) Snowmobile operators must possess a valid state motor vehicle 
operator's license or learner's permit. The license or permit must be 
carried on the operator's person at all times.
    (iv) Persons operating a snowmobile while possessing a learner's 
permit must be accompanied and supervised within line of sight, but no 
further than 100 yards, by a responsible person 21 years of age or older 
possessing a valid state motor vehicle operator's license.
    (v) Allowing or permitting an unlicensed driver to operate a 
snowmobile is prohibited.
    (vi) Snowcoaches, and during the winter use season of 2002-2003 
snowmobiles, may not be operated in the park between the hours of 9 p.m. 
and 8 a.m. except by authorization.
    (10) May I operate a snowplane in the Parkway? The operation of 
snowplanes in the Parkway is prohibited.
    (11) What is a snowplane? A snowplane is a self-propelled vehicle 
intended for over-the-snow travel and driven by a pusher-propeller.
    (12) Are there any other forms of over-snow transportation allowed 
in the Parkway? No other forms of motorized over-snow transportation are 
permitted for use in the Parkway unless specifically approved by the 
Superintendent and are consistent with the requirements of the 
applicable Executive Orders and the park's management plans.
    (b) [Reserved]

[48 FR 19169, Apr. 28, 1983, as amended at 48 FR 30294, June 30, 1983; 
66 FR 7266, Jan. 22, 2001]



Sec. 7.22  Grand Teton National Park.

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

[[Page 84]]

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

[[Page 85]]

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

[[Page 86]]

    (e) Vessels. (1) Motorboats are prohibited except on Jackson, Jenny, 
and Phelps Lakes. On Jenny Lake, motorboats are restricted to motors not 
in excess of 7\1/2\ horsepower. Additionally, on Jenny Lake, an 
authorized boating concessioner may operate motorboats under conditions 
specified by the Superintendent.
    (2) Hand-propelled vessels may be used on Jackson, Jenny, Phelps, 
Emma Matilda, Two Ocean, Taggart, Bradley, Bearpaw, Leigh, and String 
Lakes and on the Snake River, except within 1,000 feet of the downstream 
face of Jackson Lake Dam. All other waters are closed to boating.
    (3) Sailboats may be used only on Jackson Lake.
    (4) No person except an authorized concessioner shall moor or beach 
a vessel on the shore of a designated harbor area, except in an 
emergency.
    (f) Management of elk. The laws and regulations of the State of 
Wyoming shall govern elk management as associated with formal reduction 
programs. Such Wyoming laws and regulations which are now or will 
hereafter be in effect are hereby incorporated by reference as a part of 
the regulations in this part.
    (g)(1) May I operate a snowmobile in Grand Teton National Park? 
Until the end of the winter use season of 2001-2002, you may operate a 
snowmobile on the routes and areas designated in paragraphs (g)(2) 
through (g)(4) of this section in compliance with operating standards 
established by the Superintendent. During the winter use season of 2002-
2003, you may operate a snowmobile on the route designated in paragraph 
(g)(6) of this section in compliance with the public use limits and 
operating standards established by the Superintendent. Effective the 
winter use season of 2003-2004, snowmobile use will be restricted to the 
routes and purposes in paragraphs (g)(10), (11), (12), and (13) of this 
section. All other snowmobile use is prohibited, except for essential 
administrative use and in emergency situations as determined by the 
Superintendent.
    (2) Effective until the end of the winter use season 2001-2002, the 
following are the designated routes to be open to snowmobile use: The 
Spread Creek Road; the unplowed portion of the Pacific Creek Road; the 
unplowed portion of the Ditch Creek Road; the Lost Creek Ranch Road, 
those portions of the unplowed roads connecting with the Shadow 
(Antelope) Mountain Forest Service Road at Cunningham Cabin, Lost Creek 
Road and Antelope Flats Road; the unplowed portions of the Moose-Wilson 
Road; and the unplowed portion of the Teton Park Road north of 
Cottonwood Creek to a line of markers south of Timbered Island, around 
the east side of Timbered Island north to the line of markers at South 
Jenny Lake Junction, and then north to Signal Mountain Lodge, except 
during the period previous to opening of Potholes-Baseline Flats areas 
when the Teton Park Road will be open through to Signal Mountain, the 
Jenny Lake Loop Road, the Spalding Bay Road, the String Lake Picnic Area 
Road, the Signal Mountain Summit Road, the Signal Mountain Launch Ramp 
Road, and the Lizard Creek Campground Road.
    (3) Effective until the end of the winter use season 2001-2002, the 
following are the designated areas open to snowmobile use: The Potholes-
Baseline Flats area east of the Teton Park Road north of the Cottonwood 
Creek, north of the Bar BC access road, east of Timbered Island, west of 
the River Road or as marked at the top of the Snake River Bench, 
northwest of Timbered Island as marked to the Teton Park Road and 
bounded on the north by the RKO Road.
    (4) Effective until the end of the winter use season 2001-2002, the 
following water surface is designated for snowmobile and snowplane use: 
The frozen surface of Jackson Lake.
    (5) What is a winter use season? A winter use season is that portion 
of the winter months that begins each year in approximately late 
November, through the following year ending in approximately the middle 
of March. Specific dates are dependent on weather conditions and the 
availability of park facilities and resources and may be adjusted at the 
discretion of the Superintendent. Appropriate notice will be given to 
the public of determined start and ending dates each season.
    (6) What routes and limits are designated for snowmobile use in the 
park

[[Page 87]]

during the winter use season of 2002-2003? For the winter use season of 
2002-2003, the Continental Divide Snowmobile Trail along U.S. 26/287 
from Moran to the eastern park boundary and along U.S. 89/287 from Moran 
to the north park boundary is designated for snowmobile use. The 
Superintendent may open or close this route after taking into 
consideration the location of wintering wildlife, appropriate snow 
cover, and other factors that may relate to public safety. A maximum of 
25 snowmobiles is allowed to use this route each day.
    (7) What other conditions are placed on snowmobile operations? 
Snowmobiles may be operated in the park under the following conditions:
    (i) Snowmobiles that stop on designated routes must pull over to the 
far right next to the snow berm. Stopping the vehicle in a hazardous 
location, or where the view of the vehicle might be obscured, such as on 
a curve, is prohibited. Pullouts must be utilized when available and 
accessible.
    (ii) Snowmobiles must be properly registered and display a valid 
state registration sticker.
    (iii) Snowmobile operators must possess a valid state motor vehicle 
operator's license or learner's permit. The license or permit must be 
carried on the operator's person at all times. Snowmobile operators are 
not required to possess a valid drivers license while operating on the 
public access routes designated in paragraph (g)(10) of this section and 
the private property access routes designated in paragraph (g)(12) of 
this section.
    (iv) Persons operating a snowmobile while possessing a learner's 
permit must be accompanied and supervised within line of sight, but no 
farther than 100 yards, by a responsible person 21 years of age or older 
possessing a valid state motor vehicles operator's license.
    (v) Allowing or permitting an unlicensed driver to operate a 
snowmobile is prohibited.
    (vi) Snowcoaches, and during the winter use season of 2002-2003 
snowmobiles, may not be operated in the park between the hours of 9 p.m. 
and 8 a.m.
    (8) May I operate a snowplane in the park? If you had a permit to 
operate a snowplane on Jackson Lake during the winter use season 2000-
2001, you may obtain a permit to operate a snowplane on Jackson Lake 
during the winter use season of 2001-2002. Effective at the end of the 
winter use season 2001-2002, snowplane use in Grand Teton National Park 
is prohibited.
    (9) What is a snowplane? A snowplane is a self-propelled vehicle 
intended for over-the-snow travel and driven by a pusher-propeller.
    (10) May I continue to access public lands via snowmobile through 
the park? Reasonable and direct access via snowmobile to adjacent public 
lands will continue to be permitted on designated routes through the 
park. The following routes are designated for access via snowmobile to 
public lands:
    (i) From the parking area at Shadow Mountain directly along the 
unplowed portion of the road to the east park boundary.
    (ii) Along the unplowed portion of the Ditch Creek Road directly to 
the east park boundary.
    (iii) From the Cunningham Cabin pullout on U.S. 26/89 near Triangle 
X to the east park boundary.
    (11) For what purpose may I use the routes designated in paragraph 
(g)(10) of this section? You may use those routes designated in 
paragraph (g)(10) of this section to gain direct access to public lands 
adjacent to the park boundary.
    (12) May I continue to access private property within or adjacent to 
the park via snowmobile? Reasonable and direct access via snowmobile to 
private property will continue to be permitted via designated routes in 
the park. The following routes are designated for access to private 
property within or adjacent to the park:
    (i) The unplowed portion of Antelope Flats Road off U.S. 26/89 to 
private lands in the Craighead Subdivision.
    (ii) The unplowed portion of the Teton Park Road to that piece of 
land commonly referred to as the ``Clark Property''.
    (iii) From the Moose-Wilson Road to the land commonly referred to as 
the ``Barker Property'' until the Department of the Interior takes full 
possession of that land.
    (iv) From the Moose-Wilson Road to the land commonly referred to as 
the

[[Page 88]]

``Wittimer Property'' until the Department of the Interior takes full 
possession of that land.
    (v) From the Moose-Wilson Road to those two pieces of land commonly 
referred to as the ``Halpin Properties''.
    (vi) From either end of the plowed sections of the Moose-Wilson Road 
to that piece of land commonly referred to as the ``JY Ranch''.
    (vii) From Highway 26/89/187 to those lands commonly referred to as 
the ``Meadows'', the ``Circle EW Ranch'', the ``Moulton Property, the 
``Levinson Property'' and the ``West Property''.
    (viii) From Cunningham Cabin pullout on U.S. 26/89 near Triangle X 
the piece of land commonly referred to as the ``Lost Creek Ranch''.
    (ix) Maps detailing designated routes will be available from Park 
Headquarters.
    (13) For what purpose may I use the routes designated in paragraph 
(g)(12) of this section? Those routes designated in paragraph (g)(12) of 
this section are to access private property within or directly adjacent 
to the park boundary. Use of these roads via snowmobile is authorized 
only for the landowners and their representatives or guests. 
Recreational use of these roads by anyone is prohibited.
    (14) Are there any other forms of over-snow transportation allowed 
in the park? No other forms of motorized over-snow transportation are 
permitted for use in the park unless specifically approved by the 
Superintendent and are consistent with the requirements of the 
applicable Executive Orders and the park's management plans.

[24 FR 11043, Dec. 30, 1959, as amended at 27 FR 9515, Sept. 26, 1962; 
32 FR 7772, May 27, 1967; 36 FR 16065, Aug. 19, 1971; 48 FR 19171, Apr. 
28, 1983; 48 FR 30294, June 30, 1983; 60 FR 13630, Mar. 14, 1995; 60 FR 
55791, Nov. 3, 1995; 66 FR 7267, Jan. 22, 2001]



Sec. 7.23  Badlands National Park.

    (a) Commercial vehicles. (1) Notwithstanding the prohibition of 
commercial vehicles set forth in Sec. 5.6 of this chapter, local 
commercial vehicles may operate on the park road between the Northeast 
entrance and the Interior entrance in accordance with the provisions of 
this section.
    (2) The term ``Local Commercial Vehicles'', as used in this section, 
will include the definition of ``commercial vehicle'' in Sec. 5.6(a), 
but specifically includes only those vehicles that originate from, or 
are destined to, the following U.S. Postal Service ZIP code areas:

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

    (3) The Superintendent may require a permit and establish terms and 
conditions in accordance with Sec. 1.6 of this chapter for the operation 
of local commercial vehicles on the park road between the park's 
Northeast and Interior entrances. The Superintendent may charge a fee 
for any permits issued to commercial vehicles in accordance with a fee 
schedule established annually.
    (4) The commercial transport on the park road between the Northeast 
and Interior entrances of any substance or combination of substances, 
including any hazardous substance, hazardous material, or hazardous 
waste that requires placarding, or any marine pollutant that requires 
marking, as defined in 49 CFR Subtitle B, is prohibited; except for 
local bulk deliveries of gasoline, fuel oil and LP gas; provided, 
however, that the Superintendent may issue permits for the 
transportation of such substance or combination of substances, including 
hazardous waste, in emergencies, and may issue permits when such 
transportation is necessary for access to lands within or adjacent to 
the park area to which access is otherwise not available as provided in 
36 CFR 5.6.
    (5) The operator of a motor vehicle transporting any hazardous 
substance, hazardous material, hazardous waste, or marine pollutant in 
accordance with a permit issued under this section, is

[[Page 89]]

not relieved in any manner from complying with all applicable 
regulations in 49 CFR Subtitle B, or with any other State or Federal 
laws and regulations applicable to the transportation of any hazardous 
substance, hazardous material, hazardous waste, or marine pollutant.
    (6) The transportation or use of oversize or overweight commercial 
vehicles on the park road between the Northeast and Interior entrances 
is prohibited; provided, however that the Superintendent may issue 
permits for transportation or use of such vehicles and may condition 
such permits on the use of special routes within the park in order to 
minimize impacts to park facilities and resources and also may issue 
permits when the transportation or use of such vehicles is necessary for 
access to lands within or adjacent to the park area to which access is 
otherwise not available as provided in 36 CFR 5.6.
    (7) Operating without, or violating a term or condition of, a permit 
issued in accordance with this section is prohibited. In addition, 
violating a term or condition of a permit may result in the suspension 
or revocation of the permit.
    (b) [Reserved]

[62 FR 2580, Jan. 17, 1997]



Sec. 7.24  Upper Delaware Scenic and Recreational River.

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

[53 FR 3748, Feb. 9, 1988]



Sec. 7.25  Hawaii Volcanoes National Park.

    (a) Fishing--(1) Commercial fishing. Commercial fishing from 
parklands (above the high waterline) other than as provided for below is 
prohibited.
    (2) Nets. The use of nets in fishing from parklands (above the high 
waterline) except for throw nets, is prohibited.
    (3) Kalapana extension area; special fishing privileges. (i) 
Pursuant to the act of June 20, 1938 (52 Stat. 781; 16 U.S.C. 391b and 
396a) Native Hawaiian residents of the villages adjacent to the Kalapana 
extension area added to the park by the above act and visitors under 
their guidance are granted the exclusive privileges of fishing or 
gathering seafood from parklands (above the high waterline) along the 
coastline of such extension area. These persons may engage in commercial 
fishing under proper State permit.
    (ii) For the purposes of this section, the term ``native Hawaiian'' 
means any descendent of not less than one-half part of the blood of the 
races inhabiting the Hawaiian Islands previous to 1778 (Act of June 20, 
1938; 52 Stat. 784; 16 U.S.C. 396a).
    (b) Backcountry registration. No person shall explore or climb about 
the lava tubes or pit craters in the park without first registering with 
the superintendent and indicating the approximate length of time 
involved in the exploration and the number of people in the party. This 
section does not apply to the maintained trail through Thruston Lava 
Tube, nor the maintained trail down and across Kilauea Iki pit crater.

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



Sec. 7.26  Death Valley National Monument.

    (a) Mining. Mining in Death Valley National Monument is subject to 
the following regulations, which are prescribed to govern the surface 
use of claims therein:
    (1) The claim shall be occupied and used exclusively for mineral 
exploration and development and for no other purpose except that upon 
written permission of an authorized officer or employee of the National 
Park Service the surface of the claim may be used for other specified 
purposes, the use to be on such conditions and for such period as may be 
prescribed when permission is granted.
    (2) The owner of the claim and all persons holding under him shall 
conform to all rules and regulations governing occupancy of the lands 
within the National Monument.
    (3) The use and occupancy of the surface of mining claims as 
prescribed in paragraphs (a) (1) and (2) of this section shall apply to 
all such claims located after the date of the act of June 13, 1933 (48 
Stat. 139; 16 U.S.C. 447), within the limits of the National Monument as

[[Page 90]]

fixed by Proclamation No. 2028 of February 11, 1933, and enlarged by 
Proclamation No. 2228 of March 26, 1937, and to all mining claims on 
lands hereafter included in the National Monument, located after such 
inclusion, so long as such claims are within the boundaries of said 
Monument.
    (4) Prospectors or miners shall not open or construct roads or 
vehicle trails without first obtaining written permission from an 
authorized officer or employee of the National Park Service. 
Applications for permits shall be accompanied by a map or sketch showing 
the location of the mining property to be served and the location of the 
proposed road or vehicle trail. The permit may be conditioned upon the 
permittee's maintaining the road or trail in a passable condition as 
long as it is used by the permittee or his successors.
    (5) From and after the date of publication of this section, no 
construction, development, or dumping upon any location or entry, lying 
wholly or partly within the areas set forth in paragraphs (a)(5) (i) to 
(iii) of this section, shall be undertaken until the plans for such 
construction, development, and dumping, insofar as the surface is 
affected thereby, shall have been first submitted to and approved in 
writing by an authorized officer or employee of the National Park 
Service:
    (i) All land within 200 feet of the center-line of any public road.
    (ii) All land within the smallest legal subdivision of the public 
land surveys containing a spring or water hole, or within one quarter of 
a mile thereof on unsurveyed public land.
    (iii) All land within any site developed or approved for development 
by the National Park Service as a residential, administrative, or public 
campground site. Such sites shall include all land within the exterior 
boundaries thereof as conspicuously posted by the placing of an 
appropriate sign disclosing that the boundaries of the developed site 
are designated on a map of the site which will be available for 
inspection in the office of the Superintendent. If not so posted, such 
sites shall include all land within 1,000 feet of any Federally owned 
buildings, water and sewer systems, road loops, and camp tables and 
fireplaces set at designated camp sites.
    (b) Use of water. No works or water system of any kind for the 
diversion, impoundment, appropriation, transmission, or other use of 
water shall be constructed on or across Monument lands, including mining 
claims, without a permit approved by an authorized officer or employee 
of the National Park Service. Application for such permit shall be 
accompanied by plans of the proposed construction. The permit shall 
contain the following conditions: (1) No diversion and use of the water 
shall conflict with the paramount general public need for such water; 
(2) such water systems shall include taps or spigots at points to be 
prescribed by the Superintendent, for the convenience of the public; and 
(3) all appropriations of water, in compliance with the State water 
laws, shall be made for public use in the name of the United States and 
in accordance with instructions to be supplied by an authorized officer 
or employee of the National Park Service.
    (c) Permits. Application for any permit required by this section 
shall be made through the Superintendent of the Monument.
    (d) Filing of copies of mining locations. From and after the 
publication of this paragraph, in order to facilitate the administration 
of the regulations in this part, copies of all mining locations filed in 
the Office of the County Recorder shall be furnished to the office of 
the Superintendent, Death Valley National Monument, by the person filing 
the mining location in his own behalf or on behalf of any other person.
    (e) Aircraft. The following are designated as locations where the 
operation of aircraft is allowed:
    (1) Death Valley Airport, latitude 36 deg.27[min]50[sec] N., 
longitude 116 deg.52[min]50[sec] W.
    (2) Stovepipe Wells Airport, latitude 36 deg.36[min]15[sec] N., 
longitude 117 deg.09[min]30[sec] W.

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



Sec. 7.27  Fort Jefferson National Monument.

    (a) Fishing. No species of coral, shells, shellfish, seafan, 
sponges, sea anemones or other forms of marine life found in the waters 
of the Monument,

[[Page 91]]

shall be taken or disturbed in any manner, except that fish, crawfish, 
and the common species of conch, may be taken in accordance with 
paragraphs (a) (2) to (7) of this section.
    (1) Protection of turtles. Sea turtles and terrapins, turtle or 
terrapin nests and their eggs shall not be taken, disturbed or molested 
at any time.
    (2) Crawfish (Panulirus argus), Florida Lobster, Langouste.
    (i) The limit of catch of crawfish shall be two per person per day, 
except that the total for any one vessel having more than 12 persons 
aboard shall not exceed 25 crawfish.
    (ii) The taking or catching of crawfish for commercial purposes is 
prohibited at all times.
    (3) Conch (Strombus gigas). (i) The taking of Conchs shall be 
limited to the species (Strombus gigas), which is also known as Queen 
Conch or Pink Conch, and the limit per person, per day, is two Conch, 
except that the total for any vessel having more than 12 persons aboard 
shall not exceed twenty-five.
    (ii) The taking or catching of Conchs for commercial purposes is 
prohibited at all times.
    (4) Commercial fishing or shrimping or the taking of fish for the 
purpose of sale is prohibited in the area of the National Monument 
described as follows:

    Beginning at Pulaski Shoal Light at latitude 24 deg.41[min]36[sec] 
N., longitude 82 deg.46[min]23[sec] W., thence on a straight line to a 
point at latitude 24 deg.38[min]00[sec] N., longitude 
82 deg.48[min]00[sec] W.; thence on a straight line to buoy ``N2'' at 
latitude 24 deg.37[min]23[sec] N., longitude 82 deg.49[min]48[sec] W.; 
thence in a straight line to a buoy ``C1'' at latitude 
24 deg.35[min]35[sec] N., longitude 82 deg.52[min]19[sec] W.; thence in 
a straight line to buoy ``N8'' at latitude 24 deg.35[min]07[sec] N., 
longitude 82 deg.54[min]07[sec] W.; thence in a straight line to a buoy 
``N2'' at latitude 24 deg.35[min]06[sec] N., longitude 
82 deg.55[min]53[sec] W.; thence in a straight line to a buoy ``N10'' at 
latitude 24 deg.36[min]39[sec] N., longitude 82 deg.52[min]27[sec] W.; 
thence in a straight line to a point at latitude 24 deg.40[min]57[sec] 
N., longitude 82 deg.54[min]16[sec] W.; thence in a straight line to a 
point at latitude 24 deg.41[min]50[sec] N., longitude 
82 deg.53[min]10[sec] W.; thence in a straight line to a point at 
latitude 24 deg.42[min]22[sec] N., longitude 82 deg.51[min]50[sec] W.; 
thence in a straight line to a point at latitude 24 deg.42[min]53[sec] 
N., longitude 82 deg.49[min]34[sec] W.; thence in a straight line to a 
point at latitude 24 deg.42[min]44[sec] N., longitude 
82 deg.48[min]20[sec] W.; and thence in a straight line to the point of 
beginning at Pulaski Shoal Light.

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

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



Sec. 7.28  Olympic National Park.

    (a) Fishing--(1) General Provisions. All waters within Olympic 
National Park are open to fishing in conformance

[[Page 92]]

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

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


Seasons and bag limits shall be established annually after consultation 
with the State and any affected Indian tribe.
    (3) Conservation waters. After consultation with the State and, 
where appropriate, the concerned Indian tribe, the superintendent may, 
by local publication and conspicuous posting of signs, alter the season 
and change daily limits for spawning, conservation or research purposes.
    (4) Closed waters. That portion of the Morse Creek watershed within 
the park (except Lake Angeles and P.J. Lake) and that section of 
Kalaloch Creek which is used as domestic water supply (as posted) are 
closed to fishing. Fishing from boats is prohibited on the Hoh River 
upstream from the South Fork Hoh boat launch.
    (5) Fishing gear. Fishing with a line, gear or tackle having more 
than two spinners, spoons, blades, flashers, or like attractions, or 
with more than one rudder, or more than two hooks (single, double, or 
treble barbed) attached to such line, gear, or tackle, is prohibited.
    (6) Bait. The use of nonpreserved fish eggs is permitted.
    (7) License. A license to fish in park waters is not required; 
however, an individual fishing for steelhead or salmon in park waters, 
except treaty Indians fishing in the exercise of rights secured by 
treaties of the United States, shall have in his/her possession a State 
of Washington punch card for the species being sought. Steelhead and 
salmon shall be accounted for on these cards as required by State 
regulations.
    (8) Indian treaty fishing. (i) Subject to the limitations set forth 
below, all waters within the Olympic National Park which have been 
adjudicated to be usual and accustomed fishing places of an Indian 
tribe, having treaty-secured off-reservation fishing rights, are open to 
fishing by members of that tribe in conformance with applicable tribal 
or State regulations conforming to the orders of the United States 
District Court.
    (ii) Identification cards and tags. Members of the tribes having 
treaty-secured fishing rights shall carry identification cards 
conforming to the requirements prescribed by the United States District 
Court and issued either by the Bureau of Indian Affairs or the 
applicable tribe when fishing in accordance with the tribe's reserved 
treaty fishing right. Such persons shall produce said card for 
inspection upon request of a National Park Service enforcement officer. 
A tribally issued identification tag shall be attached to any unattended 
fishing gear in park waters.
    (iii) Conservation closures and catch limits. The superintendent may 
close a stream or any portion thereof to Indian treaty fishing or limit 
the number of fish that may be taken when it is found either that it is:
    (A) Reasonable and necessary for the conservation of a run as those 
terms are used by the United States District Court to determine the 
permissible

[[Page 93]]

limitations on the exercise of Indian treaty rights; or
    (B) Necessary to secure the proper allocation of harvest between 
Indian treaty fisheries and other fisheries as prescribed by the court.
    (iv) Catch reports. Indian fishermen shall furnish catch reports in 
such form as the superintendent, after consultation with the applicable 
tribe, shall have prescribed.
    (v) Prohibition of fish cultural activities. No fish cultural, 
planting, or propagation activity shall be undertaken in park waters 
without prior written permission of the superintendent.
    (vi) Applicability of other park regulations. Indian treaty fishing 
shall be in conformity with National Park Service general regulations in 
parts 1-6 of this chapter.
    (b) Boating. All vessels are prohibited on park waters except as 
provided below:
    (1) Hand propelled vessels and sailboats are permitted on park 
waters except the following:

Dosewalips River.

    (2) Motorboats are permitted on the following waters:

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

    (c) Dogs and cats. Dogs (except guide dogs) and cats are prohibited 
on any park land or trail, except on designated park roads and parking 
areas or within one-quarter mile of an established automobile campground 
or concessioner overnight facility.
    (d) [Reserved]
    (e) Privately owned lands--(1) Water supply and sewage disposal 
systems. The provisions of this paragraph apply to the privately owned 
lands within Olympic National Park. The provisions of this paragraph do 
not excuse compliance by eating, drinking, or lodging establishments 
with Sec. 5.10 of this chapter.
    (i) Facilities. (a) Subject to the provisions of paragraph 
(e)(1)(iii) of this section, no person shall occupy any building or 
structure, intended for human habitation or use, unless such building is 
served by water supply and sewage disposal systems that comply with the 
standards prescribed by the State and county laws and regulations 
applicable in the county within whose exterior boundaries such building 
is located.
    (b) No person shall construct, rebuild or alter any water supply or 
sewage disposal system without a written permit issued by the 
Superintendent. The Superintendent will issue such permit only after 
receipt of written notification from the appropriate Federal, State, or 
county officer that the plans for such system comply with the State or 
county standards. There shall be no charge for such permits. Any person 
aggrieved by an action of the Superintendent with respect to any such 
permit or permit application may appeal in writing to the Director, 
National Park Service, U.S. Department of the Interior, Washington, DC 
20240.
    (ii) Inspections. (a) The appropriate State or county officer, the 
Superintendent, or their authorized representatives or an officer of the 
U.S. Public Health Service, may inspect any water supply or sewage 
disposal system, from time to time, in order to determine whether such 
system complies with the State and county standards: Provided, however, 
That inspection shall be made only upon consent of the occupant of the 
premises or pursuant to a warrant.
    (b) Any water supply or sewage disposal system may be inspected 
without the consent of the occupant of the premises or a warrant if 
there is probable cause to believe that such system presents an 
immediate and severe danger to the public health.
    (iii) Defective systems. (a) If upon inspection, any water supply 
system or sewage disposal system is found by the inspecting officer not 
to be in conformance with applicable State and county standards, the 
Superintendent will send to the ostensible owner and/or the occupant of 
such property, by certified mail, a written notice specifying what steps 
must be taken to achieve compliance. If after 1 year has elapsed from 
the mailing of such written notice the deficiency has not been 
corrected, such deficiency shall constitute a violation of this 
regulation and shall be the basis

[[Page 94]]

for court action for the vacation of the premises.
    (b) If upon inspection, any water supply or sewage disposal system 
is found by the inspecting officer not to be in conformance with 
established State and county standards and it is found further that 
there is immediate and severe danger to the public health or the health 
of the occupants or users, the Superintendent shall post appropriate 
notices at conspicuous places on such premises, and thereafter, no 
person shall occupy or use the premises on which the system is located 
until the Superintendent is satisfied that remedial measures have been 
taken that will assure compliance of the system with established State 
and county standards.
    (2) State forest practice laws. Any person, firm, or corporation 
harvesting or cutting timber on privately owned lands within that 
portion of Olympic National Park over which jurisdiction has been ceded 
by the State of Washington to the United States of America shall comply 
with the standards concerning forest practices established from time to 
time by or pursuant to the laws of the State of Washington which would 
apply to such operations if they were not being conducted in Olympic 
National Park and personnel of the Park will consult and cooperate with 
State officials in the administration of this regulation. Although 
forest practices standards established from time to time by or pursuant 
to the laws of the State of Washington shall apply, no person, firm, or 
corporation harvesting timber, on such privately owned lands shall be 
required to obtain permits or licenses from, or pay fees to, the State 
of Washington or its political subdivisions in connection with the 
harvesting or cutting of timber on such lands. Prior to the initiation 
of harvesting or cutting of timber on privately owned lands over which 
jurisdiction has been ceded to the United States, such operations shall 
be registered with the Superintendent of Olympic National Park.
    (3) Conflict with Federal laws. If the standards established from 
time to time by or pursuant to the laws of the State of Washington, 
specified in paragraphs (e) (1) and (2) of this section, are lower than 
or conflict with any established by Federal laws or regulations 
applicable to privately owned lands within Olympic National Park, the 
latter shall prevail.
    (f) Snowmobile use. (1) The use of snowmobiles is prohibited except 
in areas and on routes designated by the superintendent by the posting 
of appropriate signs or by marking on a map available at the office of 
the superintendent, or both. The following routes have been designated 
for snowmobile use within Olympic National Park:
    (i) Staircase Road from the park boundary to the Staircase Ranger 
Station.
    (ii) Whiskey Bend Road from the function of the Elwha Road to the 
Whiskey Bend trailhead.
    (iii) Boulder Creek Road from Glines Canyon Dam to the end of the 
road.
    (iv) North Fork Quinault Road from the end of the plowed portion to 
the North Fork Ranger Station.
    (v) South Shore Road from the end of the plowed portion to the 
Graves Creek Ranger Station.
    (2) [Reserved]

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



Sec. 7.29  Gateway National Recreation Area.

    (a) Operation of motor vehicles. The operation of motor vehicles, 
other than authorized emergency vehicles, is prohibited outside of 
established public roads and parking areas, except on beaches and 
oversand routes designated by the Superintendent by the posting of 
appropriate signs and identified on maps available at the office of the 
Superintendent. These beaches and routes will be designated after 
consideration of the criteria contained in sections 3 and 4 of E.O. 
11644, (37 FR 2877) and Sec. 4.10(b) of this chapter.
    (b) Off-road vehicle operation. (1) Operation of motor vehicles, 
(including the various forms of vehicles used for travel oversand, such 
as but not limited to,

[[Page 95]]

``beach buggies'') on beaches or on designated oversand routes without a 
permit from the Superintendent is prohibited. Before a permit will be 
issued, each vehicle will be inspected to assure that it contains the 
following equipment which must be carried in the vehicle at all times 
while on the beaches or on the designated oversand routes:
    (i) Shovel;
    (ii) Jack;
    (iii) Tow rope or chain;
    (iv) Board or similar support;
    (v) Low pressure tire gauge.

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

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

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



Sec. 7.30  Devils Tower National Monument.

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

[42 FR 20462, Apr. 20, 1977]



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

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

[47 FR 55392, Dec. 9, 1982]



Sec. 7.32  Pictured Rocks National Lakeshore.

    (a) Snowmobiles. (1) Snowmobile use is permitted on designated 
portions of roadways and lakes in Pictured Rocks National Lakeshore. The 
designated routes for snowmobiles will be confined to the frozen waters 
of Lake Superior, Grand Sable Lake, on the major lakeshore visitor use 
roads that are unplowed, or on road shoulders of plowed park roads in 
conformance with State law. The designated snowmobile routes are:
    (i) The Sand Point Road from the park boundary to Lake Superior.
    (ii) The woodlands road from the park boundary off City Limits Road 
southwest to Becker Farm and down to the Sand Point Road.
    (iii) The road to Miner's Falls, Miner's Castle parking area, and 
the Miner's Beach parking area.

[[Page 96]]

    (iv) The road from the park boundary in section 32, T48N, R17W, to 
the end of the road to Chapel Falls.
    (v) The road from Country Road H-58 at the park boundary to the 
Little Beaver Lake Campground.
    (vi) The road from County Road H-58 to the Twelvemile Beach 
Campground.
    (vii) The road from County Road H-58 to the Hurricane River 
Campground.
    (viii) The road from County road H-58 to the Log Slide.
    (ix) The section of Michigan Dimension Road from the park boundary 
to the Log Slide.
    (x) The frozen waters of Lake Superior and Grand Sable Lake.
    (2) Maps showing designated routes shall be available at park 
headquarters and at ranger stations.
    (3) Snowmobile use outside designated routes is prohibited. The 
prohibition shall not apply to emergency administrative travel by 
employees of the National Park Service or law enforcement agencies.
    (b) Fishing. Unless otherwise designated, fishing in a manner 
authorized under applicable State law is allowed.
    (c) Hunting. The following lakeshore areas are closed to hunting:
    (1) Sand Point area. All that portion of Sand Point described as the 
area below the top of the bluff in Sections 19 and 30, T47N, R18W, and 
that area situated within the corporate limits of the City of Munising, 
including the Sand Point Road.
    (2) Developed public use areas. (i) The area within 150 yards of any 
campsite located within the Little Beaver, Twelvemile Beach, and 
Hurricane River Campgrounds.
    (ii) The area within 150 yards of the Miners Castle overlooks, paved 
walkways and vehicle parking lot. Also 100 feet from the centerline of 
the paved Miners Castle Road and the area within 100 feet of Miners 
Falls parking lot, trail and associated platforms.
    (iii) The area within 100 feet of: the Chapel Falls parking lot; the 
Little Beaver backpacker parking lot; the Twelvemile Beach picnic area 
parking lot; the Log Slide parking lot, platforms and walkways; the 
Grand Sable Lake picnic area and parking lot; the Grand Sable Lake boat 
launch and parking lot; the Grand Sable Lake overlook parking lot.
    (iv) The area within 150 yards of any structure at the Au Sable 
Light Station, and within 100 feet of the trail between the lower 
Hurricane River Campground and the light station.
    (v) The area within 150 yards of the Sable Falls parking lot and 
building, including the viewing platforms and associated walkway system 
to the mouth of Sable Creek. Also included is the area 100 feet from the 
centerline of the paved Sable Falls Road.
    (vi) The area within 150 yards of: the Grand Sable Visitor Center 
parking lot and barn; the structures comprising the Grand Marais 
quarters and maintenance facility.
    (vii) The 8.6 acre tract comprising structures and lands 
administered by the National Park Service on Coast Guard Point in Grand 
Marais.
    (3) Hunting season. Hunting is prohibited parkwide during the period 
of April 1 through Labor Day.

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



Sec. 7.33  Voyageurs National Park.

    (a) Fishing. Unless otherwise designated, fishing in a manner 
authorized under applicable State law is allowed.
    (b) Snowmobiles. (1) The following lakes and trails within Voyageurs 
National Park are open to snowmobile use:
    (i) The frozen waters of Rainy, Kabetogama, Namakan, Mukooda, Little 
Trout and Sand Point Lakes.
    (ii) The Moose River Railroad Grade from the park boundary north to 
Ash River, and then east to Moose Bay, Namakan Lake.
    (iii) The portage trail between Grassy Bay and Little Trout Lake.
    (iv) The Chain of Lakes Trail from its intersection with the Black 
Bay to Moose Bay portage, across Locator, War Club, Quill, Loiten, and 
Shoepack Lakes, to Kabetogama Lake.
    (2) Snowmobile use is allowed across the following marked safety 
portages: Black Bay to Moose Bay, Lost Bay to Saginaw Bay, Laurins Bay 
to Kettle Falls, Squirrel Narrows, Squaw Narrows, Grassy Bay, Namakan 
Narrows, Swansons Bay, Mukooda Lake to Sand

[[Page 97]]

Point Lake (north), Mukooda Lake to Sand Point Lake (south), Mukooda 
Lake to Crane Lake, Tar Point, Kohler Bay, and Sullivan Bay to 
Kabetogama Lake.
    (3) The Superintendent may determine yearly opening and closing 
dates for snowmobile use, and temporarily close trails or lake surfaces, 
taking into consideration public safety, wildlife management, weather, 
and park management objectives.
    (4) Maps showing the designated routes are available at park 
headquarters and at ranger stations.
    (5) Snowmobile use outside open designated routes and lake surfaces 
is prohibited.
    (c) Aircraft. (1) Aircraft may be operated on the entire water 
surface and frozen lake surface of the following lakes, except as 
restricted in paragrah (c)(4) of this section and Sec. 2.17 of this 
chapter: Rainy, Kabetogama, Namakan, Sand Point, Locator, War Club, 
Quill, Loiten, Shoepack, Little Trout and Mukooda.
    (2) Approaches, landings and take-offs shall not be made within 500 
feet of any developed facility, boat dock, float, pier, ramp or beach.
    (3) Aircraft may taxi to and from a dock or ramp designated for 
their use for the purpose of mooring and must be operated with due care 
and regard for persons and property and in accordance with any posted 
signs or waterway markers.
    (4) Areas within the designated lakes may be closed to aircraft use 
by the Superintendent taking into consideration public safety, wildlife 
management, weather and park management objectives.

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



Sec. 7.34  Blue Ridge Parkway.

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

[[Page 98]]

    (d) Boating. (1) The use of any vessel, as defined in Sec. 3.1 of 
this chapter on the waters of the Blue Ridge Parkway is prohibited 
except on the waters of Price Lake.
    (2) Vessels using Price Lake shall be restricted to vessels 
propelled solely by oars or paddles.
    (3) Vessels using Price Lake may be launched only at established or 
designated ramps and shall be removed from the water for the night. 
Campers shall remove their vessels from the water to their campsites at 
night.

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



Sec. 7.35  Buffalo National River.

    (a) Fishing. (1) Unless otherwise designated by the Superintendent, 
fishing in a manner authorized under applicable State law is allowed.
    (2) The Superintendent may designate times when and locations where 
and establish conditions under which the digging of bait for personal 
use is allowed.
    (3) The Superintendent may designate times when and locations where 
and establish conditions under which the collection of terrestrial and 
aquatic insects for bait for personal use is allowed.
    (4) Violating a designation or condition established by the 
Superintendent is prohibited.
    (b) Frogs, Turtles and Crayfish. (1) The Superintendent may 
designate times and locations and establish conditions governing the 
taking of frogs, turtles and crayfish for personal use.
    (2) Violating a designation or condition established by the 
Superintendent is prohibited.
    (c) Motorized Vessels. (1) Except for a vessel propelled by a 
gasoline, diesel or other internal combustion engine with a rating of 10 
horsepower or less, operating a motorized vessel from Erbie Ford to the 
White River is prohibited.
    (2) Operating a vessel propelled by a motor is prohibited above 
Erbie Ford.
    (3) The provisions of paragraph (c) do not apply to a vessel 
operated for official use by an agency of the United States, the State 
of Arkansas or one of its political subdivisions.

[52 FR 19343, May 22, 1987]



Sec. 7.36  Mammoth Cave National Park.

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

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

[[Page 99]]



Sec. 7.37  Jean Lafitte National Historical Park.

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

[49 FR 18450, Apr. 30, 1984]



Sec. 7.38  Isle Royale National Park.

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

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



Sec. 7.39  Mesa Verde National Park.

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

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

[[Page 100]]



Sec. 7.40  Hopewell Village National Historic Site.

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

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



Sec. 7.41  Big Bend National Park.

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

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



Sec. 7.42  Pipestone National Monument.

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

[34 FR 5377, Mar. 19, 1969]



Sec. 7.43  Natchez Trace Parkway.

    (a)-(b) [Reserved]
    (c) Vehicles--(1) Trucks. Trucks over one ton rated capacity are not 
permitted on the parkway. Trucks, not exceeding one ton rated capacity, 
are permitted to travel on the Natchez Trace Parkway when used solely 
for transportation of persons, their baggage, camping equipment and 
related articles for recreational purposes only. Trucks used for the 
purpose of hauling non-recreational materials are not permitted.
    (2) Animal-drawn vehicles. Animal-drawn vehicles or implements are 
prohibited on the main parkway road.
    (3) Farm vehicles. Farm vehicles, including agricultural implements, 
with or without load carrying capacity, and whether or not self-
propelled, are prohibited on the parkway, except when such travel is 
authorized by the Superintendent or when such travel is in connection 
with the construction, operation, or maintenance of the parkway.
    (4) Recreational vehicles. Recreational vehicles, including but not 
limited to self-propelled mobile homes, campers, housetrailers, and 
vehicles up to 1\1/2\ ton rated capacity, when such recreational 
vehicles are used solely to carry persons for recreational purposes 
together with their baggage, camping equipment, and related articles for 
vacation or recreational purposes, are permitted on the parkway.
    (5) Trailers. Trailers are permitted when used non-commercially to 
transport baggage, camping equipment, horses for recreational riding, 
small

[[Page 101]]

boats and other similar items used for vacation or recreational 
purposes, provided they meet the following criteria:
    (i) Utility type trailers must be enclosed or covered and are not to 
exceed 5 feet by 8 feet.
    (ii) Trailers must be equipped with red taillights, red stoplights 
and mechanical turn signals. Clearance lights are required on trailers 
over 6 feet high.
    (iii) Only one trailer of any type may be towed by any one vehicle 
along the parkway. The towing vehicle and trailer must not exceed 55 
feet in length.
    (6) Buses. Commercial passenger carrying buses, when used for 
touring purposes, may travel the Natchez Trace Parkway by obtaining 
special written permission in advance from the Superintendent or his 
representative. School buses may travel on the parkway without such 
written permission when transporting people for special recreational or 
educational purposes.
    (7) Towed vehicles other than trailers. Such vehicles must be towed 
with a rigid tow bar which does not require a driver for the towed 
vehicle. Tow bar must be equipped with safety chains that are so 
connected to the towed and towing vehicles and to the tow bar that, if 
the tow bar fails, it will not drop to the ground and the chains shall 
be of sufficient strength to prevent breakaway of the towed vehicle in 
the event of such tow bar failure. The towed vehicle must be equipped 
with brakelights, taillights, and signal lights in accordance with 
applicable State regulations. The towing vehicle and towed vehicle must 
not exceed 55 feet in length.
    (d) Beer and alcoholic beverages. The possession of beer or any 
alcoholic beverage in an open or unsealed container is prohibited, 
except in designated picnic, lodging, residence, and camping areas.

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



Sec. 7.44  [Reserved]



Sec. 7.45  Everglades National Park.

    (a) Information collection. The information collection requirements 
contained in this section have been approved by the Office of Management 
and Budget under 44 U.S.C. 3501 et.seq., and assigned clearance number 
1024-0026. This information is being collected to solicit information 
necessary for the Superintendent to issue permits used to grant 
administrative benefits. The obligation to respond is required in order 
to obtain a benefit.
    (b) Prohibited conveyances. Only hand-propelled vessels may be 
operated upon those areas of emergent vegetation commonly called 
marshes, wetlands, or ``the glades.'' Operation of a motorized vessel in 
such areas is prohibited.
    (c) Definitions. The following definitions shall apply to this 
section:
    (1) Ballyhoo means a member of the genus Hemiramphus (family: 
Exocoetidae).
    (2) Cast net means a type of circular falling net, weighted on its 
periphery, which is thrown and retrieved by hand.
    (3) Commercial fishing means the activity of taking or harvesting, 
or attempting to take or harvest any edible or non-edible form of fresh 
or salt water aquatic life for the purpose of sale or barter.
    (4) Dipnet means a hand-held device for obtaining bait, the netting 
of which is fastened in a frame.
    (5) Guide fishing means the activity, of a person, partnership, 
firm, corporation, or other commercial entity to provide fishing 
services, for hire, to visitors of the park.
    (6) Minnow means a fish used for bait from the family 
Cyprinodointidae, Poeciliidae, or Atherinidae.
    (7) Mojarra or ``goats'' means a member of the family Gerreidae.
    (8) Oyster means a mollusk of the suborder Ostraeaccea.
    (9) Personal watercraft means a vessel powered by an outboard motor, 
water-jet or an enclosed propeller or impeller system, where persons 
ride standing, sitting or kneeling primarily on or behind the vessel, as 
opposed to standing or sitting inside; these craft are sometimes 
referred to by, but not limited to, such terms as ``wave runner,'' ``jet 
ski,'' ``wet bike,'' or ``Sea-doo.''
    (10) Pilchard means a member of the herring family (Clupeidae), 
generally used for bait.
    (11) Pinfish means a member of the genus Lagodon (family: Spiradae).

[[Page 102]]

    (d) Fishing. (1) Fishing restrictions, based on management 
objectives described in the park's Resources Management Plan, are 
established annually by the Superintendent.
    (2) The Superintendent may impose closures and establish conditions 
or restrictions, in accordance with procedures found at Secs. 1.5 and 
1.7 of this chapter, on any activity pertaining to fishing, including, 
but not limited to species of fish that may be taken, seasons and hours 
during which fishing may take place, methods of taking, and size, creel 
and possession limits.
    (3) The following waters are closed to fishing:
    (i) All waters of T. 58 S., R. 37 E., sections 10 through 15, 
inclusive, measured from Tallahassee meridian and base, in the vicinity 
of Royal Palm Visitor Center, except Hole in the Donut or Hidden Lake, 
and Pine Island Lake.
    (ii) All waters in T.54 S., R. 36 E., sections 19, 30, and 31, and 
in T. 55 S., R. 36 E., sections 6, 7, 18, 19, and 30, measured from 
Tallahassee meridian and base, in the vicinity of Shark Valley Loop Road 
from Tamiami Trail south.
    (4) A person engaged in guide fishing must possess a guide fishing 
permit issued by the Superintendent and administered under the terms of 
Sec. 1.6 of this chapter. Guide fishing without a valid permit is 
prohibited.
    (5) Except for taking finfish, shrimp, bait, crabs, and oysters, as 
provided in this section or as modified under 36 CFR 1.5, the taking, 
possession, or disturbance of any fresh or saltwater aquatic life is 
prohibited.
    (6) Methods of taking. Except as provided in this section, only a 
closely attended hook and line may be used for fishing activities within 
the park.
    (i) Crabbing for stone or blue crabs may be conducted using attended 
gear only and no more than five (5) traps per person. Persons using 
traps must remain within one hundred (100) feet of those traps. 
Unattended gear or use of more than five (5) traps per person is 
prohibited.
    (ii) Shrimp, mullet, and bait fish (minnows, pilchards, pinfish, 
mojarras, ballyhoo or bait mullet (less than eight (8) inches in total 
length) may be taken with hook and line, dipnet (not exceeding 3 feet at 
its widest point) or cast net, for use as bait or personal consumption.
    (iii) A dipnet or cast net may not be dragged, trawled, or held 
suspended in the water.
    (7) Tagging, marking, fin clipping, mutilation or other disturbance 
to a caught fish, prior to release is prohibited without written 
authorization from the Superintendent.
    (8) Fish may not be fileted while in the park, except that:
    (i) Up to four (4) filets per person may be produced for immediate 
cooking and consumption at designated campsites or on board vessels 
equipped with cooking facilities.
    (ii) Fish may be fileted while at the designated park fish cleaning 
facilities, before transportation to their final destination.
    (9) Nets and gear that are legal to use in State waters, and fish 
and other edible or non-edible sea life that are legally acquired in 
State waters but are illegal to possess in the waters of Everglades 
National Park may be transported through the park only over Indian Key 
Pass, Sand Fly Pass, Rabbit Key Pass, Chokoloskee Pass and across 
Chokoloskee Bay, along the most direct route to or from Everglades City, 
Chokoloskee Island or Fakahatchee Bay.
    (i) Boats traveling through these passages with such nets, gear, 
fish, or other edible products of the sea must remain in transit unless 
disabled or weather and sea conditions combine to make safe passage 
impossible, at which time the boats may be anchored to await assistance 
or better conditions.
    (ii) [Reserved]
    (e) Boating. (1) The Superintendent may close an area to all 
motorized vessels, or vessels with motors greater than a specified 
horsepower, or impose other restrictions as necessary, in accordance 
with Secs. 1.5 and 1.7 of this chapter.
    (2) For purposes of this section, a vessel in which the motor(s) is 
(are) removed from the gunnels or transom and stored to be inoperable, 
is considered to be not motorized.
    (3) The following areas are closed to all vessels:
    (i) T. 54 S., R. 36 E., sections 19, 30, 31; T. 55 S., R. 36 E., 
sections 6, 7, 18, 19,

[[Page 103]]

and 30, bordering the Shark Valley Loop Road from the Tamiami Trail 
south.
    (ii) Eco Pond, Mrazek Pond, Royal Palm Ponds except for Hidden Lake, 
Parachute Key ponds north of the Main Park Road, and Lake Chekika.
    (4) The following inland fresh water areas are closed to the use of 
motorized vessels: Coot Bay Pond, Nine Mile Pond, Paurotis Pond, 
Sweetbay Pond, Big Ficus Pond, Sisal Pond, Pine Glade Lake, Long Pine 
Key Lake, Tower Lake, Hidden Lake, Pine Island, and L-67 canal.
    (5) The following coastal waters, designated by statute as 
wilderness (Pub. L. 95-625), are closed to the use of motorized vessels: 
Mud, Bear, East Fox, Middle Fox, Little Fox, and Gator Lakes; Homestead 
Canal; all associated small lakes on Cape Sable inland from Lake 
Ingraham; Cuthbert, Henry, Little Henry, Seven Palm, Middle, Monroe, 
Long, and the Lungs Lakes; Alligator Creek from the shoreline of 
Garfield Bight to West Lake; all inland creeks and lakes north of Long 
Sound, Joe Bay, and Little Madeira Bay except those ponds and lakes 
associated with Taylor River.
    (6) Except to effect a rescue, or unless otherwise officially 
authorized, no person shall land on keys of Florida Bay except those 
marked by signs denoting the area open, or on the mainland shorelines 
from Terrapin Point eastward to U.S. Highway 1, including the shores of 
all inland bays and waters and those shorelines contiguous with Long 
Sound, Little Blackwater Sound, and Blackwater Sound.
    (7) West Lake Pond and West Lake shall be closed to all vessels when 
they are being used by feeding birds. At all other times, these areas 
shall be open only to hand-propelled vessels or Class A motorboats 
powered by motors not to exceed 6 horsepower.
    (8) Launching, and or operating a personal watercraft is prohibited 
in the park.
    (9) Vessels used as living quarters shall not remain in or be 
operated in the waters of the Park for more than 14 days without a 
permit issued by the Superintendent. Said permit will prescribe 
anchorage location, length of stay, sanitary requirements and such other 
conditions as considered necessary.
    (f) Violation of any of the provisions of Sec. 7.45 is prohibited.

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



Sec. 7.46  [Reserved]



Sec. 7.47  Carlsbad Caverns National Park.

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

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



Sec. 7.48  Lake Mead National Recreation Area.

    (a) Aircraft, designated airstrips. (1)(i) The entire water surface 
of Lakes Mead and Mohave are designated landing areas, except as 
restricted in Sec. 2.17 of this chapter.
    (ii) Aircraft may not be operated under power on those water surface 
areas designated as special anchorages, including fairways, as defined 
in 33 CFR 110.127.
    (2) Temple Bar landing strip, located at approximate latitude 
36 deg.01[min] N., approximate longitude 114 deg.20[min] W.
    (3) Pearce Ferry landing strip, located at approximate latitude 
30 deg.04[min]37[sec] N., approximate longitude 114 deg.02[min]44[sec] 
W.

[[Page 104]]

    (4) Cottonwood landing strip located at approximate latitude 
35 deg.29[min] N., approximate longitude 114 deg.40[min] W.
    (5) [Reserved]
    (6) Echo Bay landing strip located at approximate latitude 
36 deg.19[min] N., approximate longitude 114 deg.27[min] W.
    (b) Powerless flight. The use of devices designed to carry persons 
through the air in powerless flight is allowed except in harbors, swim 
beaches, developed areas, and in other locations designated as closed to 
this activity.
    (c) Parking. Vehicles or boat trailers, or vehicle/boat trailer 
combinations, may be left unattended for periods up to 7 days, when 
parked in parking areas adjacent to designated boat launching sites, 
without written permission obtained in advance from the superintendent. 
Any vehicle or boat trailer or vehicle/boat trailer combination which is 
left in parking areas adjacent to designated boat launching sites in 
excess of 7 days without written permission obtained in advance from the 
superintendent may be impounded by the superintendent.
    (d) Water sanitation. All vessels with marine toilets so constructed 
as to permit wastes to be discharged directly into the water shall have 
such facilities sealed to prevent discharge. Chemical or other type 
marine toilets with approved holding tanks or storage containers shall 
be permitted but will be discharged or emptied only at designated 
sanitary pumping stations.
    (e) Fishing. Unless otherwise designated, fishing in a manner 
authorized under applicable State law is allowed.
    (f) The Superintendent may exempt motor vessels participating in a 
regatta that has been authorized by permit issued by the Superintendent 
from the noise level limitations imposed by Sec. 3.7 of this chapter.

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



Sec. 7.49  [Reserved]



Sec. 7.50  Chickasaw Recreation Area.

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

[49 FR 18451, Apr. 30, 1984]



Sec. 7.51  Curecanti Recreation Area.

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

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



Sec. 7.52  Cedar Breaks National Monument.

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

[[Page 105]]

for snowmobile use only when the designated road or parking area is 
closed by snow depth to all other motor vehicle use by the public. These 
routes will be marked by signs, snow poles, or other appropriate means.

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

[49 FR 29375, July 20, 1984]



Sec. 7.53  Black Canyon of the Gunnison National Monument.

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

[49 FR 34478, Aug. 31, 1984]



Sec. 7.54  Theodore Roosevelt National Park.

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

[49 FR 34479, Aug. 31, 1984]



Sec. 7.55  Coulee Dam Recreation Area.

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

[49 FR 18451, Apr. 30, 1984]



Sec. 7.56  Acadia National Park.

    (a) Designated Snowmobile Routes. The designated routes for 
snowmobile shall be:
    (1) Park Loop Road (except section from Stanley Brook intersection 
north to the gate at Penobscot Mountain Parking Area) and connecting 
roads as follows: Paradise Hill Road (Visitor Center to Junction Park 
Loop Road); Stanley Brook Road; Ledgelawn Extension Road; Sieur de Monts 
(gate to Loop Road); West Street; Cadillac Mountain Summit Road; 
entrance roads to Wildwood Stable.
    (2) Portions of Carriage Paths as follows: A section of Carriage 
Path 1.8 miles in length from the parking area

[[Page 106]]

at the north end of Eagle Lake down the east side of the lake to 
connection with Park Loop Road at Bubble Pond Rest Area. A section of 
Carriage Path 0.6 miles in length from Wildwood Stable to connection 
with Park Loop Road south of the entrance road to Penobscot Mountain 
Parking Area.
    (3) Hio Truck Road from Seawall Campground north to State Route 102.
    (4) The paved camper access roads within Seawall Campground.
    (5) Marshall Brook Truck Road from Seal Cove Road to Marshall Brook.
    (6) Seal Cove Road from Park Boundary in Southwest Harbor to State 
Route 102 in Seal Cove.
    (7) Western Mountain Road from Park Boundary west of Worcester 
Landfill to Seal Cove Pond.
    (8) The two crossroads connecting Western Mountain Road and Seal 
Cove Road.
    (9) Long Pond Truck Road including Spur Road to Pine Hill.
    (10) Lurvey Spring Road from Junction with Long Pond Road in 
Southwest Harbor to intersection with Echo Lake Beach Road.
    (11) The Echo Lake Entrance Road from State Route 102 to Echo Lake 
Beach Parking Area.

[48 FR 1195, Jan. 11, 1983]



Sec. 7.57  Lake Meredith Recreation Area.

    (a) The operation of motor vehicles within the Lake Meredith 
Recreation Area is prohibited outside of established public roads, 
parking areas, except within the cutbanks of Blue Creek, comprising 
about 275 acres, and except below the 3,000 ft. contour on the following 
described lands, being known as the Rosita Area on the Canadian River 
flood plain:
    Beginning at property corner 191 at coordinates 536,112.90N and 
1,894,857.49E thence in a straight line S05 deg.14[min]47[sec] E, 
3349.09 ft. to property corner 192, thence in a straight line 
N85 deg.03[min]12[sec] E, 6999.38 ft., to property corner 193, thence in 
a straight line N58 deg.29[min]53[sec] E, 3737.77 ft., to property 
corner 194, thence in a straight line N51 deg.20[min]25[sec] E, 1457.45 
ft., to property corner 195, thence in a straight line 
S74 deg.40[min]44[sec] E, 4064.61 ft., to property corner 196, thence in 
a straight line N79 deg.59[min]22[sec] E, 3118.40 ft. to property corner 
197A, thence in a northeasterly direction to property corner 200, thence 
in a straight line N56 deg.24[min]11[sec] E, 1073.57 ft., to property 
corner 201, thence in a straight line S80 deg.04[min]22[sec] E, 2684.69 
ft., to property corner 202, thence in a straight line 
N69 deg.21[min]31[sec] E, 2974.09 ft. to property corner 203, thence in 
a straight line S37 deg.59[min]16[sec] E, 1538.83 ft., to property 
corner 204, thence in a straight line N28 deg.36[min]59[sec] E, 744.10 
ft., to property corner 205, thence in a straight line 
N00 deg.19[min]04[sec] E, 1136.41 ft., to property corner 206, thence in 
a westerly direction to property corner 181, thence in a straight line 
S89 deg.51[min]52[sec] W, 1434.80 ft. to property corner 182, thence in 
a straight line N75 deg.53[min]25[sec] W, 4267.11 ft., to property 
corner 183, thence in a straight line S76 deg.16[min]20[sec] W, 3835.45 
ft., to property corner 184, thence in a westerly direction to property 
corner 189, thence in a straight line S71 deg.35[min]59[sec] W, 2901.46 
ft., to property corner 190, thence in a straight line 
S78 deg.24[min]18[sec] W, 6506.70 ft. to the point of beginning as shown 
on Bureau of Reclamation drawing number 662-525-1431 dated July 9, 1965, 
such Rosita Area comprising about 1,500 acres.
    (b) Safety Helmets. The operator and each passenger of a motorcycle 
shall wear a safety helmet while riding on a motorcycle in an off-road 
area designated in paragraph (a) of this section.
    (c) Water sanitation. All vessels with marine toilets so constructed 
as to permit wastes to be discharged directly into the water shall have 
such facility sealed to prevent discharge. Chemical or other type marine 
toilets with approved holding tanks or storage containers shall be 
permitted but will be discharged or emptied only at designated sanitary 
pumping stations.
    (d) Powerless flight. The use of devices designed to carry persons 
through the air in powerless flight is allowed except in locations 
designated as closed to this activity. The superintendent may designate 
times and locations where such activity is allowed only under the terms 
and conditions of a permit.
    (e) Fishing. Unless otherwise designated, fishing in a manner 
authorized under applicable State law is allowed.
    (f) Hunting. Hunting is allowed at times and locations designated as 
open for hunting.

[[Page 107]]

    (g) Trapping. Trapping is allowed at times and locations designated 
as open for trapping.

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



Sec. 7.58  Cape Hatteras National Seashore.

    (a) Hunting. (1) Lands within the Seashore on which hunting is 
legally permitted are designated as follows:
    (i) Ocracoke Island, except Ocracoke village.
    (ii) Hatteras Island, 500 acres, in three disconnected strips 250 
feet wide measuring eastward from mean high water mark on Pamlico Sound 
between villages of Salvo and Avon and Buxton, and between Frisco and 
Hatteras.
    (iii) Bodie Island, 1,500 acres, between high water mark of Roanoke 
Sound and a line 2,000 feet west of and parallel to U.S. Highway 158, 
and from the north dike of the Goosewing Club property on the north to 
the north boundary of the Dare County tract on the south.
    (2) Seashore lands on which hunting is not permitted will be posted 
accordingly.
    (3) This hunting plan will be administered and enforced by the 
National Park Service, through the Service's authorized local 
representative, the Superintendent of the Seashore, hereinafter referred 
to as the Superintendent.
    (4) The State of North Carolina will assist in the enforcement of 
applicable State and Federal hunting laws and otherwise in carrying out 
this plan.
    (5) Hunting will be restricted to waterfowl. Season length, opening 
and closing dates, bag limits and species of waterfowl which may be 
taken will be in accordance with the rules and regulations issued by the 
North Carolina Wildlife Resources Commission and the U.S. Fish and 
Wildlife Service.
    (6) Hunting privileges will be free for all hunters possessing a 
North Carolina State hunting license and Federal migratory bird hunting 
stamp.
    (7) Permanent blinds will be constructed exclusively by the Seashore 
and these will be built only on Bodie Island. Setting up and use of 
temporary or portable blinds by hunters will be permitted on Hatteras 
and Ocracoke Islands.
    (8) Minimum distance between blinds on Seashore land and ponds 
within the designated hunting areas will be 300 yards unless other 
conditions, such as natural screening, justify a shorter distance.
    (9) Hunting on Ocracoke Island will be permitted and managed in the 
same manner as Hatteras Island.
    (10) ``Jump shooting'' of waterfowl will be permitted only on 
Hatteras and Ocracoke Islands and is prohibited within 300 yards of any 
blind.
    (11) Properly licensed and authorized guides may provide hunting 
guide service within the designated hunting areas in the Seashore. They 
will not be permitted to solicit business within the boundaries of the 
Seashore and all arrangements with hunters must be made outside of those 
boundaries. Guides will be required to possess a North Carolina State 
guide license and to fulfill all requirements and conditions imposed by 
that license. Fees charged by guides must be approved in advance by the 
Superintendent. Each guide must also possess a permit issued by the 
Superintendent which authorizes him to guide hunters within the Seashore 
and the amount of the fees which he may charge.
    (12) Guides shall have no permanent or seasonal blind rights within 
the Seashore and no special privileges other than those specified in 
this section.
    (13) At 5:00 a.m. each morning the day of hunting a drawing for 
blind assignments will be conducted at the check-out station. Advance 
reservations for permission to draw will be accepted through the United 
States mail only. Reservations postmarked prior to 12:01 a.m. of 
September 25 will not be accepted. The postmark date and hour will 
establish and govern the priority of drawing. Maximum reservation by any 
person shall be three (3) consecutive days in any week, Monday through 
Saturday, and limited to a total of six (6) days during the season. 
Reservations shall have priority over nonreservations at drawing time. 
In the event a reservation is to be canceled, the Superintendent shall 
be informed by the party prior to drawing time for the date or dates of 
the reservation.

[[Page 108]]

    (14) The first departure from a blind by a person terminates his 
hunting privilege within Bodie Island for that day and the blinds may be 
reassigned by the Superintendent, Cape Hatteras National Seashore 
Recreational Area, or his duly authorized representative, for use by 
others later the same day. Vacating parties must check out and furnish 
information regarding their take at the checking station on Bodie Island 
located near the north boundary of the hunting area.
    (15) Hunters and guides shall provide their own decoys and are 
required to leave the blind which they used in a clean, sanitary and 
undamaged condition.
    (16) All hunters taking banded fowl shall turn in the bands at the 
check-out station.
    (17) Details of this plan, interpretations and further information 
regarding it will be published in local newspapers and issued in 
circular form free to all interested persons.
    (18) Access to blinds will be by designated foot trails. Vehicles 
will not be permitted to drive to the blind sites.
    (19) Trained dogs will be permitted for retrieving providing they 
are kept under restraint by the hunter.
    (20) Blinds will be limited to two persons without a guide and three 
including the guide. Only two guns will be permitted in each blind.
    (21) All other regulations will be in accordance with the North 
Carolina State and Federal migratory bird hunting laws.
    (b) Fishing--(1) Definitions. As used in this part:
    (i) Seashore. Cape Hatteras National Seashore.
    (ii) Permittee. A person authorized to engage in commercial fishing 
from seashore beaches.
    (iii) Legal resident of an established village. An individual 
(excluding a corporation, partnership, or other artificial person) 
having domicile in one of the following Outer Banks villages referred to 
in section 1 of the Act of August 17, 1937 (50 Stat. 669):

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

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

The permit shall be carried at all times while engaged in commercial 
fishing and shall be displayed upon request by the Superintendent or his 
representative. When two or more individuals engage in a joint 
commercial fishing venture involving a splitting of profits or any other 
assumption of proprietary interests, each individual must qualify for 
and have a commercial fishing permit. An employee hired by a permittee 
for a specific wage with no financial interest in the activity need not 
have a permit.
    (4) Revocation of permit. The Superintendent may revoke the 
commercial fishing permit of any permittee who ceases to meet the 
criteria of eligibility set forth in paragraph (c)(3) of this section or 
who violates any General, Special, or other related regulation governing 
activities at the Seashore.
    (5) Beach sanitation and conservation of aquatic life. 
Notwithstanding any General Regulation of the National Park Service to 
the contrary, all fishermen, commercial and sport, landing fish on the 
Seashore by any method and not using such fish because of size, edible 
quality, or other reason, shall

[[Page 109]]

immediately release and return such fish alive in the waters from which 
taken. No dead fish or part thereof may be left on any shore, beach, 
dock, pier, fish cleaning table or thrown back into the waters, but must 
be disposed of only at points or places designated for the disposal 
thereof or removed from the seashore area.
    (6) Sport-fishing Zone. A zone is established for the protection and 
enhancement of recreational sport-fishing commencing at Beach Access 
Ramp No. 22 and continuing south and west along the ocean shore, 
including Cape Point (Cape Hatteras), to Beach Access Ramp No. 30. 
Within this zone commercial fishing, as specified in the Act of August 
17, 1937 (50 Stat. 669), is permitted, except between the hours of 12:01 
a.m. on Saturday to 11:59 p.m. on Sunday from October 1 through April 
30, commercial fishermen are not permitted to haul seines or nets onto 
the beach within the Zone.

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



Sec. 7.59  Grand Portage National Monument.

    (a) Snowmobiles. After consideration of existing special situations, 
i.e. depth of snow, and depending on local weather conditions, the 
superintendent may permit the use of snowmobiles on the following 
designated routes within the National Monument:
    (1) The trail from County Road 73 (near the Grand Portage Trading 
Post) which moves across the Grand Portage to County Road 17 near the 
Catholic Church.
    (2) The powerline right-of-way road from Country Road 73 which moves 
across the Grand Portage Trail.
    (3) The logging road which moves across the Grand Portage Trail in 
NE \1/4\, SE \1/4\, Section 32, T64N, R6E.
    (4) Abandoned Highway 61 which moves across the Grand Portage Trail.
    (5) The logging road which moves across the Grand Portage Trail in 
SE \1/4\, NW \1/4\, Section 25, T64N, R5E.
    (b) Fishing. Unless otherwise designated, fishing in a manner 
authorized under applicable State law is allowed.

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



Sec. 7.60  Herbert Hoover National Historic Site.

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

[47 FR 54933, Dec. 7, 1982]



Sec. 7.61  Fort Caroline National Memorial.

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

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



Sec. 7.62  Lake Chelan National Recreation Area.

    (a) Snowmobiles. After consideration of existing special situations, 
i.e., depth of snow, and depending on local weather conditions, the 
superintendent may designate as open to the use of snowmobiles the 
following locations within the Lake Chelan National Recreation Area:
    (1) All open areas, designated trails and roadways on public land 
below the 1320-foot contour line within the Stehekin Valley, except 
cross-country ski trails and within the perimeter of the Buckner 
Orchard. Snowmobile use on open public lands or designated trails will 
be limited to permanent, year-round residents of the Stehekin Valley.
    (2) That portion of the Stehekin Valley Road normally open to use by 
motor vehicles from the 1320-foot contour line to the park boundary.
    (b) Aircraft. The following are designated as locations where the 
operation of aircraft is allowed:

[[Page 110]]

    (1) The entire water surface of Lake Chelan.
    (2) The Stehekin landing field, located at approximate latitude 
48 deg.21[min] N, approximate longitude 120 deg.43[min] W.
    (c) Weapons. The following location is designated for target 
practice between the hours of sunrise and sunset, subject to all 
applicable Federal, State, and local laws: in the SE \1/4\ of sec. 8, T. 
33 N., R. 17 E., WM, approximately 100 yards east of mile point 7 on the 
Stehekin Valley Road, a converted borrow pit.

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



Sec. 7.63  Dinosaur National Monument.

    (a) Commercial hauling. Ranchers and stockmen owning, leasing or 
renting private lands, or holding grazing permits issued by the Bureau 
of Land Management on designated grazing allotments adjacent to the 
Artesia Entrance Road, Blue Mountain Road, and Deerlodge Park Road, are 
authorized to use these roads for trucking or hauling ranching and 
agricultural supplies and materials, including livestock, for use in 
normal ranching and stock growing operations.
    (b) Stock grazing. (1) Privileges for the grazing of domestic 
livestock based on authorized use of certain areas at the time of 
approval of the act of September 8, 1960 (74 Stat. 857, Pub. L. 86-729), 
shall continue in effect or shall be renewed from time to time, except 
for failure to comply with such terms and conditions as may be 
prescribed by the Superintendent in these regulations and after 
reasonable notice of default and subject to the following provisions of 
tenure:
    (i) Grazing privileges appurtenant to privately owned lands located 
within the Monument shall not be withdrawn until title to the lands to 
which such privileges are appurtenant shall have vested in the United 
States except for failure to comply with the regulations applicable 
thereto after reasonable notice of default.
    (ii) Grazing privileges appurtenant to privately owned lands located 
outside the Monument shall not be withdrawn for a period of twenty-five 
years after September 8, 1960, and thereafter shall continue during the 
lifetime of the original permittee and his heirs if they were members of 
his immediate family as described herein except for failure to comply 
with the regulations applicable thereto after reasonable notice of 
default.
    (iii) Members of the immediate family are those persons who are 
related to and directly dependent upon a person or persons, living on or 
conducting grazing operations from lands, as of September 8, 1960, which 
the National Park Service recognized as base lands appurtenant to 
grazing privileges in the monument. Such interpretation excludes mature 
children who, as of that date, were established in their own households 
and were not directly dependent upon the base lands and appurtenant 
grazing recognized by the National Park Service.
    (iv) If title to base lands lying outside the monument is conveyed, 
or such base lands are leased to someone other than a member of the 
immediate family of the permittee as of September 8, 1960, the grazing 
preference shall be recognized only for a period of twenty-five years 
from September 8, 1960.
    (v) If title to a portion or part of the base land either outside or 
inside the monument is conveyed or such base lands are leased, the new 
owner or lessee will take with the land so acquired or leased after 
September 8, 1960, such proportion of the entire grazing privileges as 
the grazing capacity in animal unit months of the tract conveyed or 
leased bears to the original area to which a grazing privilege was 
appurtenant and recognized. Conveyance or lease of all such base lands 
will automatically convey all grazing privileges appurtenant thereto.
    (vi) Grazing privileges which are appurtenant to base lands located 
either inside or outside the monument as of September 8, 1960, shall not 
be conveyed separately therefrom.
    (2) Where no reasonable ingress or egress is available to permittees 
or nonpermittees who must cross monument lands to reach grazing 
allotments or non-Federal lands within the exterior boundary of the 
monument or adjacent thereto, the Superintendent will grant, upon 
request, a temporary

[[Page 111]]

nonfee annual permit to herd stock on a designated driveway which shall 
specify the time to be consumed in each single drive.
    (3) After September 8, 1960, no increase in the number of animal 
unit months will be allowed on Federal lands in the monument.
    (4)(i) A permittee whose privileges are appurtenant to base lands 
either inside or outside the monument may be granted total nonuse on a 
year to year basis not to exceed three consecutive years. Total nonuse 
beyond this time may be granted if necessitated for reasons clearly 
outside the control of the permittee. Total unauthorized nonuse beyond 
three consecutive years will result in the termination and loss of all 
grazing privileges.
    (ii) Whenever partial or total non-use is desired an application 
must be made in writing to the Superintendent.
    (5) Grazing fees shall be the same as those approved for the Bureau 
of Land Management and will be adjusted accordingly.
    (6) Permittees or nonpermittees who have stock on Federal lands 
within the monument at any time or place, when or where herding or 
grazing is unauthorized may be assessed fifty cents per day per cow or 
horse and ten cents per day per sheep as damages.
    (7) The Superintendent may accept a written relinquishment or waiver 
of any privileges; however, no such relinquishment or waiver will be 
effective without the written consent of the owner or owners of the base 
lands.
    (8) Permits. Terms and conditions. The issuance and continued 
effectiveness of all permits will be subject, in addition to mandatory 
provisions required by Executive Order or law, to the following terms 
and conditions:
    (i) The permittee and his employees shall use all possible care in 
preventing forest and range fires, and shall assist in the extinguishing 
of forest and range fires on, or within, the vicinity of the land 
described in the permit, as well as in the preservation of good order 
within the boundaries of the Monument.
    (ii) The Superintendent may require the permittee before driving 
livestock to or from the grazing allotment to gather his livestock at a 
designated time and place for the purpose of counting the same.
    (iii) Stock will be allowed to graze only on the allotment 
designated in the permit.
    (iv) The permittee shall file with the Superintendent a copy of his 
stock brand or other mark.
    (v) The permittee shall, upon notice from the Superintendent that 
the allotment designated in the permit is not ready to be grazed at the 
beginning of the designated grazing season, place no livestock on the 
allotment for such a period as may be determined by the Superintendent 
as necessary to avoid damage to the range. All, or a portion of the 
livestock shall be removed from the area before the expiration of the 
designated grazing season if the Superintendent determines further 
grazing would be detrimental to the range. The number of stock and the 
grazing period may be adjusted by the Superintendent at any time when 
such action is deemed necessary for the protection of the range.
    (vi) No permit shall be issued or renewed until payment of all fees 
and other amounts due the National Park Service has been made. Fees for 
permits are due the National Park Service and must be paid at least 15 
days in advance of the grazing period. No permit shall be effective to 
authorize grazing use thereunder until all fees and other amounts due 
the National Park Service have been paid. A pro rata adjustment of fees 
will be made in the event of reduction of grazing privileges granted in 
the permit, except that not more than 50 percent of the total annual 
grazing fee will be refunded in the event reduced grazing benefits are 
taken at the election of the permittee after his stock are on the range.
    (vii) No building or other structure shall be erected nor shall 
physical improvements of any kind be established under the permit except 
upon plans and specifications approved by the National Park Service. Any 
such facilities, structures, or buildings may be removed or disposed of 
to a successor permittee within three months following the termination 
of the permit; otherwise they shall become the property of the United 
States without compensation therefor.

[[Page 112]]

    (viii) The permittee shall utilize the lands covered by the permit 
in a manner approved and directed by the Superintendent which will 
prevent soil erosion thereon and on lands adjoining same.
    (ix) The right is reserved to adjust the fees specified in the 
permit at any time to conform with the fees approved for the Bureau of 
Land Management, and the permittee shall be furnished a notice of any 
change of fees.
    (x) All livestock are considered as mature animals at 6 months of 
age and are so counted in determining animal unit months and numbers of 
animals.
    (xi) The Superintendent may prescribe additional terms and 
conditions to meet individual cases.
    (9) The breach of any of the terms or conditions of the permit shall 
be grounds for termination, suspension, or reduction of grazing 
privileges.
    (10) Appeals from the decision of the Superintendent to the Regional 
Director, and from the Regional Director to the Director shall be made 
in accordance with National Park Service Order No. 14, as amended (19 FR 
8824) and Regional Director, Order No. 3, as amended (21 FR 1494).
    (11) Nothing in these regulations shall be construed as to prevent 
the enforcement of the provisions of the General Rules and Regulations 
and the Special Rules and Regulations of the National Park Service or of 
any other provisions of said rules and regulations applicable to stock 
grazing.
    (c) Snowmobiles. (1) Designated routes which will be open to 
smowmobile use are approximately 20 miles of the Harpers Corner Road in 
Colorado and approximately 2 miles of the Cub Creek Road in Utah. The 
Harpers Corner Road section extends from the Plug Hat Overlook to the 
Echo Park Road Turnoff. The Cub Creek Road section extends from the Chew 
Ranch Road, 1 mile north of the Green River Bridge, to the point where 
the Cub Creek Road leaves the southern boundary of the monument.
    (2) On roads designated for snowmobile use, only that portion of the 
road or parking area intended for other motor vehicle use may be used by 
snowmobiles. Such roadway is available for snowmobile use only when 
there is sufficient snow cover and when these roads are closed to all 
other motor vehicle use by the public.
    (3) Snowmobile use outside designated routes is prohibited. The 
superintendent shall determine the opening and closing dates for use of 
the designated snowmobile routes each year.

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



Sec. 7.64  Petersburg National Battlefield.

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

[41 FR 40107, Sept. 17, 1976]



Sec. 7.65  Assateague Island National Seashore.

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

[[Page 113]]

    (5) Waterfowl hunting blinds in public hunting areas shall be 
operated within two plans:
    (i) First-come, first-served.
    (ii) Advance written reservation.

The superintendent shall determine the number and location of first-
come, first-served and/or advance reservation blinds.
    (6) In order to retain occupancy rights, the hunter must remain in 
or near the blind except for the purpose of retrieving waterfowl. The 
leaving of decoys or equipment for the purpose of holding occupancy is 
prohibited.
    (7) Hunters shall not enter the public waterfowl hunting area more 
than 1 hour before legal shooting time and shall be out of the hunting 
area within 45 minutes after close of legal shooting time. The blind 
shall be left in a clean and sanitary condition.
    (8) Hunters using Service-owned shore blinds shall enter and leave 
the public hunting area via designated routes from the island.
    (9) Prior to entering and after leaving a public hunting blind, all 
hunters shall check in at the registration box located on the trail to 
the blind he is or has been using.
    (10) Parties in blinds are limited to two hunters and two guns 
unless otherwise posted at the registratrion box for the blinds.
    (11) The hunting of upland game shall not be conducted within 300 
yards of any waterfowl hunting blind during waterfowl season.
    (12) Hunting on seashore lands and waters, except as designated 
pursuant to Sec. 1.5 and Sec. 1.7, is prohibited.
    (b) Operation of oversand vehicles--(1) Definitions. In addition to 
the definitions found in Sec. 1.4 of this chapter, the following terms 
or phrases, when used in this section, have the meanings hereinafter 
respectively ascribed to them.
    (i) Oversand vehicle. Any motorized vehicle which is capable of 
traveling over sand including--but not limited to--over-the-road 
vehicles such as beachbuggies, four-wheel-drive vehicles, pickup trucks, 
and standard automobiles.
    (ii) Self-Contained vehicle. Any towed or self-propelled camping 
vehicle that is equipped with a toilet and a permanently installed, 
waste, storage tank capable of holding a minimum of 2 days volume of 
material.
    (iii) Primary dune. Barriers or mounds of sand which are either 
naturally created or artificially established bayward of the beach berm 
which absorb or dissipate the wave energy of high tides and coastal 
storms.
    (iv) Dunes crossing. A maintained vehicle accessway over a primary 
dune designated and marked as a dunes crossing.
    (2) Oversand permits. No oversand vehicle, other than an authorized 
emergency vehicle, shall be operated on a beach or designated oversand 
route in the park area except under an oversand permit issued by the 
Superintendent.
    (i) The Superintendent is authorized to establish a system of 
special recreation permits for oversand vehicles and to establish 
special recreation permit fees for these permits, consistent with the 
conditions and criteria of 36 CFR part 71.
    (ii) No permit will be issued for a vehicle:
    (A) Which is not equipped to travel over sand and which does not 
contain the following equipment to be carried at all times when 
traveling on a beach or designated oversand route in the park: shovel, 
jack, tow rope or chain, board or similar support for the jack, and low 
pressure tire gauge;
    (B) Which does not conform to applicable State laws having to do 
with licensing, registering, inspecting, and insuring of such vehicles;
    (C) Which fails to comply with provisions of Sec. 4.10; and
    (D) Which does not meet the following standards: On four-wheel-drive 
vehicles and trailers towed by any vehicle:

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

    On two-wheel-drive vehicles, in addition to the six items listed 
immediately above: Minimum width of tire tread contact on sand, 8 in. 
each wheel. Tires with regular mud/snow grip

[[Page 114]]

tread, not acceptable. Provided, That the Superintendent may issue a 
single trip permit for a vehicle of greater weight or length when such 
use is not inconsistent with the purposes of the regulations.
    (iii) Before issuing a permit, the Superintendent may check the 
vehicle to determine whether it complies with the requirements of 
paragraphs (b)(2)(ii) (A) through (D) of this section.
    (iv) Oversand permits are not transferable and shall be carried by 
the operator of the vehicle for which it has been issued while traveling 
in the park. It shall be displayed as directed by the Superintendent at 
the time of issuance.
    (3) Authorized and prohibited travel. (i) Except as otherwise 
provided in this section and in applicable sections of parts 2 and 4 of 
this chapter, travel by oversand vehicles is permitted south of 
Assateague State Park, daily throughout the year at any time, on a 
designated oversand route bayward of the primary dune and on designated 
portions of a beach seaward of the primary dune.
    (ii) Travel by motorcycles is permitted only on public highways and 
parking areas within the park area.
    (iii)(A) Travel by self-contained vehicles is permitted under 
paragraph (b)(3)(i) of this section provided that no overnight parking 
is allowed on a beach seaward of the primary dunes at any time.
    (B) South of Assateague State Park such vehicles may use designated 
self-contained areas bayward of the primary dunes for overnight parking. 
Except, That towed travel trailers may travel no farther south than the 
northern limits of the Big Fox Levels.
    (iv) Travel by oversand vehicles, other than authorized emergency 
vehicles, is prohibited on the following portions of the park area 
subject, however, to existing rights of ingress and egress.
    (A) Between the Assateague State Park and the Ocean City Inlet.
    (B) On the beach seaward of the primary dune within designated 
portions of the North Beach public use complex.
    (C) Provided, however, That the Superintendent may establish times 
when oversand vehicles may use a portion of the beach in a public use 
complex by posting appropriate signs or marking on a map available at 
the office of the Superintendent--or both.
    (4) Rules of the road. (i) Oversand vehicles shall be operated only 
in established tracks on designated portions of the park area. No such 
vehicles shall be operated on any portion of a dune except at posted 
crossings nor shall such vehicles be driven so as to cut circles or 
otherwise needlessly deface the sand.
    (ii) Oversand vehicles shall not be parked so as to interfere with 
the flow of traffic on designated oversand routes. Such vehicles may not 
park overnight on a beach seaward of the primary dune unless one member 
of the party is actively engaged in fishing at all times. Towed travel 
trailers used as self-contained vehicles in the off-road portion of the 
park area may not be parked on a beach seaward of the primary dunes.
    (iii) Upon approaching or passing within 100 feet of a person on 
foot, the operator of an oversand vehicle shall reduce speed to 15 miles 
per hour. Speed at other times on any designated oversand route shall 
not exceed 25 miles per hour.
    (iv) When two vehicles approach from opposite directions in the same 
track, both operators shall reduce speed; and the operator with the 
ocean on his right shall pull out of the track to allow the other 
vehicle to pass.
    (v) Passengers shall not ride on the fenders, hood, roof, or 
tailgate, or in any other position outside of a moving oversand vehicle; 
and such vehicles shall not be used to tow a person on any recreational 
device over the sand or in the air or water of the park area.
    (vi) During an emergency, the Superintendent may close the park; or 
he may suspend for such period as he shall deem advisable any or all of 
the foregoing regulations in the interest of public safety; and he may 
announce such closure or suspension by whatever means are available.

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



Sec. 7.66  North Cascades National Park.

    (a) Bait for fishing. The use of nonpreserved fish eggs is 
permitted.

[[Page 115]]

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

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



Sec. 7.67  Cape Cod National Seashore.

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

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

    (3) May I launch a boat from a designated route? Boat trailering and 
launching by a permitted vehicle from a designated open route corridor 
is permitted.
    (4) What travel restrictions and special rules must I obey? You must 
comply with all applicable provisions of this chapter, including part 4, 
as well as the specific provisions of this section.
    (i) On the beach, you must drive in a corridor extending from a 
point 10 feet seaward of the spring high tide drift line to the berm 
crest. You may drive below the berm crest only to pass a temporary cut 
in the beach, and you must regain the crest immediately following the 
cut. Delineator posts mark the landward side of the corridor in critical 
areas.
    (ii) On an inland oversand route, you must drive only in a lane 
designated by pairs of delineator posts showing the sides of the route.
    (iii) An oversand route is closed at any time that tides, nesting 
birds, or surface configuration prevent vehicle travel within the 
designated corridor.
    (iv) When two vehicles meet on the beach, the operator of the 
vehicle with the water on the left must yield, except that self-
contained vehicles always have the right of way.

[[Page 116]]

    (v) When two vehicles meet on a single-lane oversand route, the 
operator of the vehicle in the best position to yield must pull out of 
the track only so far as necessary to allow the other vehicle to pass 
safely, and then must back into the established track before resuming 
the original direction of travel.
    (vi) If you make a rut or hole while freeing a stuck vehicle, you 
must fill the rut or hole before you remove the vehicle from the 
immediate area.
    (5) What activities are prohibited? The following are prohibited:
    (i) Driving off a designated oversand route.
    (ii) Exceeding a speed of 15 miles per hour unless posted otherwise.
    (iii) Parking a vehicle in an oversand route so as to obstruct 
traffic.
    (iv) Riding on a fender, tailgate, roof, door or any other location 
on the outside of a vehicle.
    (v) Driving a vehicle across a designated swimming beach at any time 
when it is posted with a sign prohibiting vehicles.
    (vi) Operating a motorcycle on an oversand route.
    (6) What special equipment must I have in my vehicle? You must have 
in your vehicle all the equipment required by the Superintendent, 
including:
    (i) Shovel;
    (ii) Tow rope, chain, cable or other similar towing device;
    (iii) Jack;
    (iv) Jack support board;
    (v) Low air pressure tire gauge; and
    (vi) Five tires that meet or exceed established standards.
    (7) What requirements must I meet to operate an oversand vehicle? 
You may operate an oversand vehicle only if you first obtain an oversand 
permit from the Superintendent. The Superintendent administers the 
permit system for oversand vehicles and charges fees that are designed 
to recover NPS administrative costs.
    (i) The oversand permit is a Special Use Permit issued under the 
authority of 36 CFR 1.6 and 4.10. You must provide the following 
information for each vehicle for which you request a permit:
    (A) Name and address of registered owner;
    (B) Driver's license number and State of issue;
    (C) Vehicle license plate number and State of issue; and
    (D) Vehicle description, including year, make, model and color; 
make, model and size of tires.
    (ii) Before we issue a permit, you must:
    (A) Demonstrate that your vehicle is equipped as required in 
paragraph (a)(6) of this section;
    (B) Provide evidence that you have complied with all Federal and 
State licensing registering, inspecting and insurance regulations; and
    (C) View an oversand vehicle operation educational program and 
ensure that all other potential operators view the same program.
    (iii) The Superintendent will affix the permit to your vehicle at 
the time of issuance.
    (iv) You must not transfer your oversand permit from one vehicle to 
another.
    (8) What requirements must I meet to operate an oversand vehicle in 
the off season?
    To operate an oversand vehicle between November 16 and April 14, you 
must obtain from the Superintendent an oversand permit and a limited 
access pass. We will issue you a limited access pass if you have a valid 
oversand permit (see paragraph (a)(7) of this section) and if you have 
viewed an educational program that outlines the special aspects of off 
season oversand use.
    (i) You may operate a vehicle during the off-season only on the 
portion of the beach between High Head and Hatches Harbor.
    (ii) You must not operate a vehicle during the off-season within two 
hours either side of high tide.
    (iii) We may issue a limited access pass for the following purposes:
    (A) Access to town shellfish beds at Hatches Harbor;
    (B) Recovery of personal property, flotsam and jetsam from the 
beach;
    (C) Caretaker functions at a dune cottage; or
    (D) Fishing.
    (9) What requirements must I meet to use an oversand vehicle for 
camping? You may use an oversand vehicle to camp

[[Page 117]]

on the beach only in the manner authorized in this section or as 
authorized by the Superintendent through another approved permitting 
process.
    (i) You must possess a valid permit issued under paragraph (a)(7) of 
this section.
    (ii) You may camp only in a self-contained vehicle that you park in 
a designated area. A self-contained vehicle has a self-contained water 
or chemical toilet and a permanently installed holding tank with a 
minimum capacity of 3 days waste material. There are two designated 
areas with a maximum combined capacity of 100 vehicles.
    (A) You must drive the self-contained vehicle off the beach to empty 
holding tanks at a dumping station at intervals of no more than 72 
hours.
    (B) Before returning to the beach, you must notify the Oversand 
Station as specified by the Superintendent.
    (iii) You must not drive a self-contained vehicle outside the limits 
of a designated camping area except when entering or leaving the beach 
by the most direct authorized route.
    (iv) You are limited to a maximum of 21 days camping on the beach 
from July 1 through Labor Day.
    (10) What special requirements must I meet if I have a commercial 
vehicle?
    (i) To operate a passenger vehicle for hire on a designated oversand 
route, you must obtain a permit from the Superintendent. The 
Superintendent issues the permit under the authority of 36 CFR 1.6, 4.10 
and 5.6.
    (ii) You must obey all applicable regulations in this section and 
all applicable Federal, State and local regulations concerning vehicles 
for hire.
    (iii) You must provide the following information for each vehicle 
that will use a designated oversand route:
    (A) Name and address of tour company and name of company owner;
    (B) Make and model of vehicle;
    (C) Vehicle license plate number and State of issue; and
    (D) Number of passenger seats.
    (11) How will the Superintendent manage the off-road vehicle 
program?
    (i) The Superintendent will issue no more than a combined total of 
3400 oversand permits annually, including self-contained permits.
    (ii) The Superintendent will monitor the use and condition of the 
oversand routes to review the effects of vehicles on natural, cultural, 
and aesthetic resources in designated corridors. If the Superintendent 
finds that resource degradation or visitor impact is occurring, he/she 
may amend, rescind, limit the use of, or close designated routes. The 
Superintendent will do this consistent with 36 CFR 1.5 and 1.7 and all 
applicable Executive Orders;
    (iii) The Superintendent will consult with the Cape Cod National 
Seashore Advisory Commission regarding management of the off-road 
vehicle program.
    (iv) The Superintendent will recognize and use volunteers to provide 
education, inventorying, monitoring, field support, and other activities 
involving off-road vehicle use. The Superintendent will do this in 
accordance with 16 U.S.C. 18 g-j.
    (v) The Superintendent will report annually to the Secretary of the 
Interior and to the public the results of the monitoring conducted under 
this section, subject to availability of funding.
    (12) What are the penalties for violating the provisions of this 
section? Violation of a term or condition of an oversand permit issued 
in accordance with this section is prohibited. A violation may also 
result in the suspension or revocation of the permit.
    (13) Has OMB approved the collection of information in this section? 
As required by 44 U.S.C. 3501 et seq., the Office of Management and 
Budget has approved the information collection requirement contained in 
this section. The OMB approval number is 1024-0026. We are collecting 
this information to allow the Superintendent to issue off-road vehicle 
permits. You must provide the information in order to obtain a permit.
    (b) Aircraft. (1) Land based aircraft may be landed only at the 
Provincetown Airport approximately one-half mile south of Race Point 
Beach in the Provincelands area.
    (2) Float equipped aircraft may be landed only on federally 
controlled coastal water in accordance with Federal, State, and local 
laws and regulations.

[[Page 118]]

    (c) Motorboats. Motorboats are prohibited from all federally owned 
ponds and lakes within the seashore in Truro and Provincetown.
    (d) Shellfishing. Shellfishing, by permit from the appropriate town, 
is permitted in accordance with applicable Federal, State, and local 
laws.
    (e) Public nudity. Public nudity, including public nude bathing, by 
any person on Federal land or water within the boundaries of Cape Cod 
National Seashore is prohibited. Public nudity is a person's intentional 
failure to cover with a fully opaque covering that person's own 
genitals, pubic areas, rectal area, or female breast below a point 
immediately above the top of the areola when in a public place. Public 
place is any area of Federal land or water within the Seashore, except 
the enclosed portions of bathhouses, restrooms, public showers, or other 
public structures designed for similar purposes or private structures 
permitted within the Seashore, such as trailers or tents. This 
regulation shall not apply to a person under 10 years of age.
    (f) Hunting. (1) Hunting is allowed at times and locations 
designated as open for hunting.
    (2) Only deer, upland game, and migratory waterfowl may be hunted.
    (3) Hunting is prohibited from March 1 through August 31 of each 
year.

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



Sec. 7.68  Russell Cave National Monument.

    (a) Caves--(1) Closed Areas. Entering, exploring, or remaining 
within any cave area other than the public archeological exhibit without 
prior written permission of the Superintendent is prohibited.
    (2) Permits. Permits for entry into other than public exhibit areas 
of the cave will be issued within limitations of safety provided the 
applicant satisfies the Superintendent that he has proper equipment for 
cave exploration, such as lighting equipment, protective headwear, and 
appropriate shoes or boots. Other reasonable administrative requirements 
may be imposed by the Superintendent provided reasonable notice of these 
requirements is given to the applicant.
    (3) Solo Exploration. Solo exploration is not permitted in the caves 
other than in the public archeological exhibit areas.

[35 FR 7557, May 15, 1970]



Sec. 7.69  Ross Lake National Recreation Area.

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

[[Page 119]]

the NE \1/4\ of sec. 30, T. 37 N., R. 12 E., WM, approximately 200 yards 
northwest of State Route 20 near mile marker 119, the area known as the 
Newhalem rifle range.

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



Sec. 7.70  Glen Canyon National Recreation Area.

    (a) Designated airstrips. (1) Wahweap, latitude 
36 deg.59[min]45[sec] N., longitude 111 deg.30[min]45[sec] W.
    (2) Bullfrog, latitude 37 deg.33[min]00[sec] N., longitude 
110 deg.42[min]45[sec] W.
    (3) Halls Crossing, latitude 37 deg.28[min]10[sec] N., longitude 
110 deg.42[min]00[sec] W.
    (4) Hite, latitude 37 deg.53[min]30[sec] N., longitude 
110 deg.23[min]00[sec] W.
    (5) Gordon Flats, latitude 38 deg.10[min]30[sec] N., longitude 
110 deg.09[min]00[sec] W.
    (6) The entire surface of Lake Powell, subject to the restrictions 
contained in Sec. 2.17 of this chapter.
    (b) Unattended property. Vehicles or boat trailers, or vehicle/boat 
trailer combinations, may be left unattended for periods of up to 14 
days, when parked in parking areas adjacent to designated boat launching 
sites, without the prior permission of the Superintendent. Any vehicle 
or boat trailer or vehicle/boat trailer combination which is left in 
parking areas adjacent to designated boat launching sites for over 14 
days may be impounded by the Superintendent.
    (c) Water sanitation. All vessels with marine toilets so constructed 
as to permit wastes to be discharged directly into the water shall have 
such facility sealed to prevent discharge. Chemical or other type marine 
toilets with approved holding tanks or storage containers shall be 
permitted but will be discharged or emptied only at designated sanitary 
pumping stations.
    (d) [Reserved]
    (e) Colorado River white-water boat trips. The following regulations 
shall apply to all persons using the waters of, or Federally owned land 
administered by the National Park Service along the Colorado River 
within Glen Canyon National Recreation Area, from the Lees Ferry launch 
ramp downstream to the eastern boundary of Grand Canyon National Park:
    (1) No person shall operate a vessel engaging in predominantly 
upstream travel or having a total horsepower in excess of 55 without a 
permit from the Superintendent.
    (2) U.S. Coast Guard approved life preservers shall be worn by every 
person while traveling in boats or rafts on this section of the river, 
or while lining or portaging near rough water. One extra preserver must 
be carried on each vessel for each ten (10) passengers.
    (3) No person shall conduct, lead or guide a river trip through Glen 
Canyon Recreation Area unless such person possesses a permit issued by 
the Superintendent of Grand Canyon National Park. The National Park 
Service reserves the right to limit the number of such permits issued, 
or the number of persons traveling on trips authorized by such permits 
when in the opinion of the National Park Service such limitations are 
necessary in the interest of public safety or protection of the 
ecological and environmental values of the area.
    (i) The Superintendent of Grand Canyon National Park shall issue a 
permit upon a determination that the person leading, guiding, or 
conducting a river trip is experienced in running rivers in white-water 
navigation of similar difficulty, and possesses appropriate equipment, 
which is identified in the terms and conditions of the permit.
    (ii) No person shall conduct, lead, guide, or outfit a commercial 
river trip without first securing the above permit and possessing an 
additional permit authorizing the conduct of a commercial or business 
activity in the recreation area.
    (iii) An operation is commercial if any fee, charge, or other 
compensation is collected for conducting, leading, guiding, or 
outfitting a river trip. A river trip is not commercial if there is a 
bona fide sharing of actual expenses.
    (4) All human waste will be taken out of the Canyon and deposited in 
established receptacles, or will be disposed of by such means as is 
determined by the Superintendent.
    (5) No person shall take a dog, cat, or other pet on a river trip.

[[Page 120]]

    (6) The kindling of a fire is permitted only on beaches. All fires 
must be completely extinguished only with water before abandoning the 
area.
    (7) Swimming and bathing are permitted except in locations 
immediately above rapids, eddies, and riffles or near rough water.
    (8) No camping is allowed along the Colorado River bank between the 
Lees Ferry launch ramp and the Navajo Bridge.
    (9) All persons issued a river trip permit shall comply with all 
terms and conditions of the permit.
    (f) Assembly and launching of river rafts and boats. The following 
regulations shall apply to all persons designated under paragraph (e) of 
this section (Colorado white-water trips):
    (1) The assembly and launching of rafts or boats, and parking or 
storing of any related equipment or supplies is restricted to those 
areas designated by the Superintendent.
    (2) Within such designated areas, the Superintendent may assign or 
limit space and designate time periods of operation for each individual 
river trip or operator.

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



Sec. 7.71  Delaware Water Gap National Recreation Area.

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

[[Page 121]]

section based on the number of axles and wheels on a vehicle, regardless 
of load or weight, as follows:

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


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

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



Sec. 7.72  Arkansas Post National Memorial.

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

[35 FR 13206, Aug. 19, 1970]



Sec. 7.73  Buck Island Reef National Monument.

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

[[Page 122]]

more than two conchs or one gallon of whelks, or both, per day, or have 
in possession more than two days' limit; Provided, That paragraph (e) 
(5) of this section shall apply.
    (5) All known means of taking fish, crustaceans, mollusks, turtles, 
or other marine life are prohibited between the outer fringes of the 
barrier reef and the shore line of Buck Island eastward of the 
recognizable extremities of the sand beach on the north and south sides 
of the island.

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



Sec. 7.74  Virgin Islands National Park.

    (a) [Reserved]
    (b) Marine operations. No dredging, excavating or filling operations 
of any kind are permitted, and no equipment, structures, byproducts or 
excavated materials associated with such operations may be deposited in 
or on the waters or ashore within the boundaries of the Park.
    (c) Wrecks. No person shall destroy, molest, remove, deface, 
displace or tamper with wrecked or abandoned waterborne craft of any 
type or condition, or any cargo pertaining thereto unless permitted in 
writing by an authorized official of the National Park Service.
    (d) Boats. (1) No watercraft shall be operated in such a manner, nor 
shall anchors or any other mooring device be cast or dragged or placed, 
so as to strike or otherwise cause damage to any underwater features.
    (2) Anchoring or maneuvering watercraft within the waters that 
contain underwater marked swimming trails and interpretive signs is 
prohibited.
    (3) Vessels desiring to enter Trunk Bay must enter and depart 
between the two outer buoys delineating the prescribed anchorage area, 
and shall anchor within described area, and no other, making sure the 
vessel will lie within this area regardless of wind or sea conditions: 
Except, that hand-propelled craft may be used to transport passengers 
and equipment between the anchorage area and the beach.
    (4) All vessels carrying passengers for hire shall comply with 
applicable laws and regulations of the United States Coast Guard and 
Territory of the Virgin Islands.
    (e) Fishing. (1) Taking of fishes or any other marine life in any 
way except with rod or line, the rod or line being held in the hand, is 
prohibited: Provided, That fish may be taken by pots or traps of 
conventional Virgin Islands design and not larger than five feet at the 
greatest dimension, and bait fish may be taken by nets of no greater 
overall length than 20 feet and of mesh not larger than 1 inch 
stretched: Provided further, That paragraphs (e) (3), (4), and (5) of 
this section shall apply.
    (2) The use or possession of any type of spearfishing equipment 
within the boundaries of the park is prohibited.
    (3) The species of crustaceans known as Florida Spiny Lobster 
(Panulirus argus) may be taken by hand or hand-held hook. No person 
shall take female lobsters with eggs; or take more than two lobsters per 
person per day; or have in possession more than two days' limit: 
Provided, That paragraph (e)(5) of this section shall apply.
    (4) Species of mollusks commonly known as whelks and conchs may be 
taken by hand. No person shall take more than two conchs or one gallon 
of whelks, or both, per day, or have in possession more than two days' 
limit: Provided, That paragraph (e)(5) of this section shall apply.
    (5) All known means of taking fish, crustaceans, mollusks, turtles, 
or other marine life are prohibited in Trunk Bay and in other waters 
containing underwater signs and markers.

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



Sec. 7.75  Padre Island National Seashore.

    (a) Off-road motor vehicle and motorcycle operation. (1) The 
following regulations pertain to the operation of motor vehicles and 
motorcycles off established roads and parking areas. The operation of 
such vehicles and motorcycles is subject also to the applicable 
provisions of part 4 of this chapter and paragraphs (e) and (g) of this 
section.
    (i) No person may operate a motor vehicle or motorcycle without a 
valid operator's license or learner's permit in his possession; an 
operator who has

[[Page 123]]

a learner's permit must be accompanied by an adult who has a valid 
operator's license; a driver's license or learner's permit must be 
displayed upon the request of any authorized person.
    (ii) In addition to the requirements of Sec. 4.10 of this chapter, 
every motor vehicle and motorcycle must have an operable horn, 
windshield wiper or wipers (except motorcycles), brake light or lights, 
and rearview mirror.
    (iii) Motor vehicles and motorcycles must have valid license plates.
    (iv) Every motor vehicle and motorcycle must have a valid State 
vehicle inspection certificate when such certificate is required for 
highway use in the State in which the vehicle is licensed.
    (v) When two motor vehicles or motorcycles meet on the beach, the 
operator of the vehicle in southbound traffic shall yield the right-of-
way, where necessary, by turning out of the track to the right.
    (2) Off-road motor vehicle and motorcycle use areas and routes. The 
following routes and areas are open to such vehicles: (i) Travel is 
permitted on all of the beach adjacent to the Gulf of Mexico, except for 
the approximately 4\1/2\ miles of beach between the North and South 
Beach Access Roads.
    (ii) The route west of Big Shell Beach, locally known as the Back 
Road. This route begins on the beach adjacent to the Gulf of Mexico 
approximately three miles south of Yarborough Pass and returns to the 
beach approximately 15 miles south of Yarborough Pass.
    (iii) The route beginning on the beach adjacent to the Gulf of 
Mexico approximately 11 miles south of Yarborough Pass and ending with 
its intersection with the Back Road approximately one mile west of the 
beach. This route is locally known as the Dunn Ranch Road.
    (iv) Travel is permitted in an area within 200 feet of the north 
bank of the Mansfield Channel, beginning on the beach adjacent to the 
Gulf of Mexico and ending approximately \3/4\ mile west of the beach.
    (b) Hunting. (1) Hunting is prohibited, except that during the open 
season prescribed by State and Federal agencies, the hunting of 
waterfowl is allowed upon the waters of Laguna Madre wherever a floating 
vessel of any type is capable of being operated, at whatever tide level 
may exist. Provided, however, that the waters surrounding North and 
South Bird Islands and other designated rookery islands are closed to 
all hunting as posted. Hunting, where authorized, is allowed in 
accordance with all applicable Federal, State and local laws for the 
protection of wildlife.
    (2) The erecting of a structure for use as a hunting blind is 
prohibited except that a temporary blind may be used when removed at the 
end of each hunting day.
    (c)-(d) [Reserved]
    (e) Prohibited vehicle operations. The following operations are 
prohibited on and off established roads and parking areas.
    (1) The use of ground effect or aircushion vehicles is prohibited.
    (2) The use of vehicles propelled by the wind, commonly known as 
sail cars, is prohibited.
    (3) Towing of persons behind vehicles on a sled, box, skis, 
surfboard, parachute, or in any other way is prohibited.
    (4) Riding on fenders, tailgate, roof, or any other position outside 
of the vehicle is prohibited.
    (f) [Reserved]
    (g) Speed. Except where different speed limits are indicated by 
posted signs or markers, speed of automobiles and other vehicles shall 
not exceed 25 miles per hour where driving is permitted on the beach.
    (h) Mineral exploration and extraction--(1) Scope. The regulations 
in this paragraph are made, prescribed, and published pursuant to the 
Act of September 28, 1962, 76 Stat. 651, 16 U.S.C. 459d-3 (1964), to 
provide for the occupation and use of so much of the surface of the land 
or waters within the Padre Island National Seashore--for all purposes 
reasonably incident to the mining and removal of oil and gas minerals 
and of other minerals which can be removed by similar means--in a manner 
that will be consistent with development of recreational facilities by 
the Secretary of the Interior, with surface

[[Page 124]]

use of the lands and waters in the Seashore by the public for 
recreational purposes and with preservation of the area's natural 
features and values. The provisions of these regulations shall govern 
also any right of occupation or use of the surface within the boundaries 
of the Seashore, granted by the Secretary subsequent to April 11, 1961, 
for the exploration, development, production, storing, processing or 
transporting of oil and gas minerals that are removed from outside the 
boundaries of the Seashore. They shall not apply to such rights of 
occupation or use existing on April 11, 1961, which are reasonably 
necessary.
    (2) Operator. As used in this paragraph, an operator shall mean 
anyone who in accordance with the provisions of the aforesaid Act of 
September 28, 1962, possesses the right (whether as owner of a mineral 
interest, lessee, holder of operating rights, or otherwise), to mine or 
remove minerals from lands within the Padre Island National Seashore or 
the right to occupy or use the surface of Seashore lands for the 
exploration, development, production, storing, processing or 
transporting of oil and gas minerals that are removed from outside the 
boundaries of the Seashore.
    (3)Exercise of non-Federal Oil and Gas Rights. Before entering the 
National Seashore for the purpose of conducting any operations pursuant 
to a mineral interest authorized under the Act providing for 
establishment of the Seashore, the operator shall comply with the 
requirements of part 9, subpart B of this chapter.
    (4) All activities relating to the exercise of mineral interests 
which take place within the boundaries of the park shall be in 
accordance with an approved Plan of Operations.
    (5) Applicability of State laws. All operators, as defined in 
subparagraph (2) of this paragraph shall abide by all rules and 
regulations as may be prescribed by the Texas Railroad Commission or 
other authority of the State of Texas.

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



Sec. 7.76  Wright Brothers National Memorial.

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

[32 FR 2564, Feb. 7, 1967]



Sec. 7.77  Mount Rushmore National Memorial.

    (a) Climbing Mount Rushmore is prohibited.

[32 FR 13071, Sept. 14, 1967]



Sec. 7.78  Harpers Ferry National Historical Park.

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

[34 FR 8356, May 30, 1969]



Sec. 7.79  Amistad Recreation Area.

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

[[Page 125]]

discharged or emptied only at designated sanitary pumping stations.

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



Sec. 7.80  Sleeping Bear Dunes National Lakeshore.

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

[49 FR 18451, Apr. 30, 1984]



Sec. 7.81  Point Reyes National Seashore.

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

[49 FR 18451, Apr. 30, 1984]



Sec. 7.82  Apostle Islands National Lakeshore.

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

[49 FR 18451, Apr. 30, 1984]



Sec. 7.83  Ozark National Scenic Riverways.

    (a) Restrictions for motorized vessels. (1) On waters situated 
within the boundaries of Ozark National Scenic Riverways, the use of a 
motorized vessel is limited to a vessel equipped with an outboard motor 
only.
    (2) For the purposes of this section, horsepower ratings on a 
particular motor will be based upon the prevailing industry standard of 
power output at the propeller shaft as established by the manufacturer.
    (3) The use of a motorized vessel is allowed as follows:
    (i) Above the Big Spring landing on the Current River and below 
Alley Spring on the Jacks Fork River with an outboard motor not to 
exceed 40 horsepower.
    (ii) Above Round Spring on the Current River and above Alley Spring 
on the Jacks Fork River with an outboard motor not to exceed 25 
horsepower.
    (iii) Above Akers Ferry on the Current River from May 1 to September 
15 with an outboard motor not to exceed 10 horsepower.
    (iv) Above Bay Creek on the Jacks Fork River from March 1 to the 
Saturday before Memorial Day with an outboard motor not to exceed 10 
horsepower.
    (4) Operating a motorized vessel other than as allowed in 
Sec. 7.83(a) is prohibited.
    (b) Scuba Diving. (1) Scuba diving is prohibited within all springs 
and spring branches on federally owned land within the boundaries of 
Ozark National Scenic Riverways without a written permit from the 
superintendent.
    (2) Permits. The superintendent may issue written permits for scuba 
diving in springs within the boundaries of the Ozark National Scenic 
Riverways; Provided,
    (i) That the permit applicant will be engaged in scientific or 
educational investigations which will have demonstrable value to the 
National Park Service in its management or understanding of riverways 
resources.
    (ii) [Reserved]
    (c) Commercial Activities. The activities listed herein constitute 
commercial activities which are prohibited within the boundaries of 
Ozark National Scenic Riverways, except in accordance with the 
provisions of a permit, contract, or other written agreement with the 
United States. The National Park Service reserves the right to limit the 
number of such permits, contracts or other written agreements, when, in 
the judgment of the Service, such limitation is necessary in the 
interest of visitor enjoyment, public safety, or preservation or 
protection of the resources or values of the Riverways.
    (1) The sale or rental of any goods or equipment to a member or 
members of the public which is undertaken in the course of an ongoing or 
regular commercial enterprise.
    (2) The performance of any service or activity for a member or 
members of the public in exchange for monetary or other valuable 
consideration.

[[Page 126]]

    (3) The delivery or retrieval within the boundaries of Ozark 
National Scenic Riverways of watercraft or associated boating equipment 
which has been rented to a member or members of the public at a location 
not within the Riverways, when such delivery or retrieval is performed 
by a principal, employee or agent of the commercial enterprise offering 
the equipment for rental and when these services are performed as an 
integral part, necessary complement, or routine adjunct of or to the 
rental transaction, whether or not any charge, either separately or in 
combination with any other charge, is made for these services.
    (4) The performance, by a principal, employee, or agent of a 
commercial enterprise, within the boundaries of Ozark National Scenic 
Riverways of any other service or activity for which a fee, charge or 
other compensation is not collected, but which is an integral part, 
necessary complement, or routine adjunct of or to any commercial 
transaction undertaken by that enterprise for which monetary or other 
valuable consideration is charged or collected, even though such 
transaction is initiated, performed, or concluded outside the boundaries 
of the Riverways.
    (5) The solicitation of any business, employment, occupation, 
profession, trade, work or undertaking, which is engaged in with some 
continuity, regularity or permanency for any livelihood, gain, benefit, 
advantage, or profit.
    (d) Fishing. (1) Unless otherwise designated, fishing in a manner 
authorized under applicable State law is allowed.
    (2) The superintendent may designate times and locations and 
establish conditions under which the digging of bait for personal use is 
allowed.
    (e) Frogs, turtles and crayfish. (1) The superintendent may 
designate times and locations and establish conditions governing the 
taking of frogs, turtles and/or crayfish upon a written determination 
that the taking of frogs, turtles and/or crayfish:
    (i) Is consistent with the purposes for which the area was 
established; and
    (ii) Will not be detrimental to other park wildlife or the 
reproductive potential of the species to be taken; and
    (iii) Will not have an adverse effect on the ecosystem.
    (2) Violation of established conditions or designations is 
prohibited.

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



Sec. 7.84  Channel Islands National Park.

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

[[Page 127]]

California State Department of Fish and Game fish receipts for abalone 
caught at Anacapa and Santa Barbara Islands during the period July 1, 
1968, to July 1, 1971.

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



Sec. 7.85  Big Thicket National Preserve.

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

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



Sec. 7.86  Big Cypress National Preserve.

    (a) Motorized vehicles--(1) Definitions. (i) The term ``motorized 
vehicle'' means automobiles, trucks, glades or swamp buggies, airboats, 
amphibious or air cushion vehicles or any other device propelled by a 
motor and designed, modified for or capable of cross country travel on 
or immediately over land, water, marsh, swampland or other terrain, 
except boats which are driven by a propeller in the water.
    (ii) The term ``operator'' means any person who operates, drives, 
controls or has charge of a motorized vehicle.
    (iii) The term ``Preserve lands'' means all federally owned or 
controlled lands and waters administered by the National Park Service 
within the boundaries of the Preserve.
    (2) Travel in Preserve areas. (i) Unless closed or restricted by 
action of the Superintendent under paragraph (a)(2)(iii), the following 
areas, which are shown on a map numbered BC-91-001, dated November 1975, 
and available for public inspection at the office of the Superintendent, 
are open to motorized vehicles:
    (A) The area south and west of Loop Road (State Road B94).
    (B) The area north of Tamiami Trail.
    (ii) The following areas which are shown on a map numbered BC-91-
001, dated November 1975, and available for public inspection at the 
office of the Superintendent, are closed to motorized vehicles:
    (A) The areas between the Loop Road (State Hwy. B94) and 
the Tamiami Trail (U.S. Hwy. B41), except that the 
Superintendent may issue a permit to provide for reasonable access by 
legal residents or to provide access by authorized oil and gas 
companies.
    (B) Big Cypress Florida Trail, Section 1, One marked main hiking 
trail, from Tamiami Trail to Alligator Alley; and the two marked loop 
trails are closed to the use of all motorized vehicles, except that 
vehicles may cross the trails.
    (iii) The Superintendent may temporarily or permanently close or 
restrict the use of any areas and routes otherwise designated for use of 
motor vehicles, or close or restrict such areas or routes to the use of 
particular types of

[[Page 128]]

motor vehicles by the posting of appropriate signs, or by marking on a 
map which shall be available for public inspection at the office of the 
Superintendent, or both. In determining whether to close or restrict the 
uses of the areas or routes under this paragraph, the Superintendent 
shall be guided by the criteria contained in sections 3 and 4 of E.O. 
11644 (37 FR 2877) as amended, and shall also consider factors such as 
other visitor uses, safety, wildlife management, noise, erosion, 
geography, vegetation, resource protection, and other management 
considerations. Prior to making a temporary or permanent closure the 
Superintendent shall consult with the executive director of the Florida 
Game and Fresh Water Fish Commission. Prior to instituting a permanent 
closure of an area or route, notice of such intention shall be published 
in the Federal Register and the public shall be provided a period of 30 
days to comment.
    (3) Operations, limitations and equipment--(i) Vehicle operation. 
(A) Motorized vehicle permits shall be required after December 21, 1980.
    (B) Motorized vehicles shall not be operated in a manner causing, or 
likely to cause, significant damage to or disturbance of the soil, 
wildlife habitat, improvements, cultural, or vegetative resources. 
Cutting, grading, filling or ditching to establish new trails or to 
improve old trails is prohibited, except under written permit where 
necessary in the exploration for, extraction or removal of oil and gas.
    (ii) Vehicle Limitations and Equipment.
    (A) [Reserved]
    (B) The Superintendent, by the posting of appropriate signs or by 
marking on a map, which shall be available for public inspection at the 
office of the Superintendent, may require during dry periods, that a 
motorized vehicle or a particular class of motorized vehicle, operated 
off established roads and parking areas, shall be equipped with a spark 
arrestor that meets Standard 5100-1a of the Forest Service, U.S. 
Department of Agriculture, or the 80 percent efficiency level when 
determined by the appropriate Society of Automotive Engineers (SAE) 
Standard.
    (C) A motorized vehicle, except an airboat, when operated off of 
established roads and parking areas during the period from one-half hour 
after sunset to one-half hour before sunrise, shall display at least one 
forward-facing white headlight and one red lighted taillight each of 
which shall be visible for a distance of 500 feet in their respective 
directions under clear atmospheric conditions.
    (D) Airboats and amphibious vehicles shall fly a safety flag at 
least 10 inches wide by 12 inches long at a minimum height of 10 feet 
above the bottom of the vehicle or boat, and shall display one white 
light aft visible for 360 deg. at a distance of 500 feet when running 
during the period from one-half hour before sunset to one-half hour 
after sunrise.
    (b) Camp structures. (1) Buildings or other structures on lands not 
owned by claimants to these structures existing prior to the effective 
date of these regulations, may be occupied and used by said claimants 
pursuant to a nonrenewable, nontransferrable permit. This use shall be 
for a maximum term of five (5) years from the date of Federal 
acquisition for preserve purposes of the land upon which the structures 
are situated or five years from the effective date of these regulations, 
whichever occurs first: Provided, however, That the claimant to the 
structures by application:
    (i) Reasonably demonstrates by affadivit, bill of sale or other 
documentation proof of possessory interest or right of occupancy in the 
cabin or structure;
    (ii) Submits a sketch and photograph of the cabin or structure and a 
map showing its geographic location;
    (iii) Agrees to vacate or remove the structure from the preserve 
upon the expiration of the permit, and
    (iv) Acknowledges in the permit that he/she has no interest in the 
real property.
    (2) Structures built after the effective date of these regulations 
will be removed upon acquisition by the Federal Government of the lands 
upon which the structures are situated.
    (3) Structures that are razed or destroyed by fire or storm, or 
deteriorate

[[Page 129]]

structurally to the point of being unsafe or uninhabitable shall not be 
rebuilt and the permit shall be cancelled. This shall not be deemed to 
prohibit routine maintenance or upkeep on an existing structure.
    (4) The National Park Service reserves the right to full and 
unrestricted use of the lands under permit including, but not limited 
to, such purposes as managed hunting programs executed in accordance 
with applicable State Game and Fish laws and regulations, use of 
existing roads and trails, and unrestricted public access.
    (c) Aircraft: Designated landing sites. (1) Except as provided 
below, aircraft may be landed in the preserve only at improved landing 
strips for which a permit has been issued and which were in existence 
and in usable condition at the time the lands were acquired for preserve 
purposes, or the effective date of these regulations, whichever occurs 
first. A permit may be issued to the former land owner or airstrip user 
upon application to the Superintendent. The application shall include a 
sketch showing location; a copy of the airstrip license, if any; a 
description of the size of strip, type of landing surface, height of 
obstructions, special markings; and a list of the camps served.
    (2) A map showing the locations, size, and limitations of each 
airstrip designated under a permit shall be available for public 
inspection at the office of the Superintendent.
    (3) Rotorcraft used for purposes of oil and gas exploration or 
extraction, as provided for in part 9, subpart B of this chapter, may be 
operated only in accordance with an approved operating plan or a permit 
issued by the Superintendent.
    (d) [Reserved]
    (e) Hunting, Fishing, Trapping and Gathering. (1) Hunting, fishing 
and trapping are permitted in accordance with the general regulations 
found in parts 1 and 2 of this chapter and applicable Florida law 
governing Cooperative Wildlife Management Areas.
    (2) The Superintendent may permit the gathering or collecting by 
hand and for personal use only of the following:
    (i) Tree snails (Liguus Fasciatus);

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

[[Page 130]]

right to revoke the permit if the activity is causing or will cause 
considerable adverse effect on the soil, vegetation, watershed or 
wildlife habitat.
    (9) Corporations formed by owners or lessees who were actually using 
lands within the preserve for grazing purposes on October 11, 1974, may 
be issued annual permits for a period not to exceed twenty-five (25) 
years from the date of acquisition for preserve purposes.

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



Sec. 7.87  Kaloko-Honokohau National Historical Park.

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

[64 FR 19483, Apr. 21, 1999]



Sec. 7.88  Indiana Dunes National Lakeshore.

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

[49 FR 18451, Apr. 30, 1984]



Secs. 7.89-7.90  [Reserved]



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

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

[[Page 131]]

or skin diving equipment such as a snorkel, mask or wetsuit.
    (ii) Using any toxic substance or chemical, including mercury, in 
gold panning activities.
    (iii) Conducting gold panning outside the confines of existing 
stream water levels, or digging into a stream bank, or digging that 
results in the disturbance of the ground surface or the undermining of 
any vegetation, historic feature or bridge abutment.

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



Sec. 7.92  Bighorn Canyon National Recreation Area.

    (a) Aircraft-designated airstrip. (1) Fort Smith landing strip, 
located at approximate latitude 45 deg.19[min] N., approximate longitude 
107 deg.55[min]41[sec] W. in the S\1/2\S\1/2\SE\1/4\ sec. 8, and the 
S\1/2\SW\1/4\SW\1/4\ sec. 9, T. 6 S., R. 31 E., Montana Principal 
Meridian.
    (2) [Reserved]
    (b) Snowmobiles. (1) Designated routes to be open to snowmobile use: 
On the west side of Bighorn Lake, beginning immediately east of the 
Wyoming Game and Fish Department Residence on the Pond 5 road northeast 
to the Kane Cemetery. North along the main traveled road past Mormon 
Point, Jim Creek, along the Big Fork Canal, crossing said canal and 
terminating on the south shore of Horseshoe Bend, and the marked 
lakeshore access roads leading off this main route to Mormon Point, 
north and south mouth of Jim Creek, South Narrows, and the lakeshore 
road between Mormon Point and the south mouth of Jim Creek. On the east 
side of Bighorn Lake beginning at the junction of U.S. Highway 14A and 
the John Blue road, northerly on the John Blue road to the first road to 
the left, on said road in a westerly direction to its terminus at the 
shoreline of Bighorn Lake. All frozen lake surfaces are closed to 
snowmobiling.
    (2) On roads designated for snowmobile use only that portion of the 
road or parking area intended for other motor vehicle use may be used by 
snowmobiles. Such roadway is available for snowmobile use only when the 
designated road or parking area is closed by snow depth to all other 
motor vehicles used by the public. These routes will be marked by signs, 
snow poles or other appropriate means. The superintendent shall 
determine the opening and closing dates for use of designated snowmobile 
routes each year. Routes will be open to snowmobile travel when they are 
considered to be safe for travel but not necessarily free of safety 
hazards. Snowmobiles may travel in these areas with the permission of 
the superintendent, but at their own risk.
    (3) Snowmobile use outside designated routes is prohibited.
    (c) Fishing. Unless otherwise designated, fishing in any manner 
authorized under applicable State law is allowed.

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



Sec. 7.93  Guadalupe Mountains National Park.

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

[48 FR 30296, June 30, 1983]



Secs. 7.94-7.95  [Reserved]



Sec. 7.96  National Capital Region.

    (a) Applicability of regulations. This section applies to all park 
areas administered by National Capital Region in the District of 
Columbia and in Arlington, Fairfax, Loudoun, Prince William, and 
Stafford Counties and the City of Alexandria in Virginia and Prince 
Georges, Charles, Anne Arundel, and Montgomery Counties in Maryland and 
to other federal reservations in the environs of the District of 
Columbia, policed with the approval or concurrence of the head of the 
agency having jurisdiction or control over such reservations, pursuant 
to the provisions of the act of March 17, 1948 (62 Stat. 81).
    (b) Athletics--(1) Permits for organized games. Playing baseball, 
football, croquet, tennis, and other organized games or sports except 
pursuant to a permit and upon the grounds provided for such purposes, is 
prohibited.
    (2) Wet grounds. Persons holding a permit to engage in athletics at 
certain times and at places authorized for this use are prohibited from 
exercising the

[[Page 132]]

privilege of play accorded by the permit if the grounds are wet or 
otherwise unsuitable for play without damage to the turf.
    (3) Golf and tennis; fees. No person may use golf or tennis 
facilities without paying the required fee, and in compliance with 
conditions approved by the Regional Director. Trespassing, intimidating, 
harassing or otherwise interfering with authorized golf players, or 
interfering with the play of tennis players is prohibited.
    (4) Ice skating. Ice skating is prohibited except in areas and at 
times designated by the Superintendent. Skating in such a manner as to 
endanger the safety of other persons is prohibited.
    (c) Model planes. Flying a model powered plane from any park area is 
prohibited without a permit.
    (d) Fishing. Unless otherwise designated, fishing in a manner 
authorized under applicable State law is allowed.
    (e) Swimming. Bathing, swimming or wading in any fountain or pool 
except where officially authorized is prohibited. Bathing, swimming or 
wading in the Tidal Basin, the Chesapeake and Ohio Canal, or Rock Creek, 
or entering from other areas covered by this section the Potomac River, 
Anacostia River, Washington Channel or Georgetown Channel, except for 
the purpose of saving a drowning person, is prohibited.
    (f) Commercial vehicles and common carriers--(1) Operation in park 
areas prohibited; exceptions. Commercial vehicles and common carriers, 
loaded or unloaded, are prohibited on park roads and bridges except on 
the section of Constitution Avenue east of 19th Street or on other roads 
and bridges designated by the Superintendent, or when authorized by a 
permit or when operated in compliance with paragraph (f)(2) of this 
section.
    (2) George Washington Memorial Parkway; passenger-carrying vehicles; 
permits; fees. (i) Taxicabs licensed in the District of Columbia, 
Maryland, or Virginia, are allowed on any portion of the George 
Washington Memorial Parkway without a permit or payment of fees.
    (ii) Passenger-carrying vehicles for hire or compensation, other 
than taxicabs, having a seating capacity of not more than fourteen (14) 
passengers, excluding the operator, when engaged in services authorized 
by concession agreement to be operated from the Washington National 
Airport and/or Dulles International Airport, are allowed on any portion 
of the George Washington Memorial Parkway in Virginia without a permit 
or payment of fees. However, when operating on a sightseeing basis an 
operator of such a vehicle shall comply with paragraph (f)(2)(iv) of 
this section.
    (iii) Passenger-carrying vehicles for hire or compensation, other 
than those to which paragraphs (f)(2) (i) and (ii) of this section 
apply, are allowed on the George Washington Memorial Parkway upon 
issuance of a permit by the Regional Director, under the following 
conditions:
    (A) When operating on a regular schedule: to provide passenger 
service on any portion between Mount Vernon and the Arlington Memorial 
Bridge, or to provide limited direct nonstop passenger service from Key 
Bridge to a terminus at the Central Intelligence Agency Building at 
Langley, Virginia, and direct return, or to provide limited direct 
nonstop passenger service from the interchange at Route 123 to a 
terminus at the Central Intelligence Agency Building at Langley, 
Virginia, and direct return. Permittees shall file a schedule of 
operation and all schedule changes with the Regional Director showing 
the number of such vehicles and total miles to be operated on the 
parkway.
    (B) When operating nonscheduled direct, nonstop service primarily 
for the accommodation of air travelers arriving at or leaving from 
Dulles International Airport or Washington National Airport: between 
Dulles International Airport and a terminal in Washington, DC, over the 
George Washington Memorial Parkway between Virginia Route 123 and Key 
Bridge; or between Washington National Airport and a terminal in 
Washington, D.C., over the George Washington Memorial Parkway between 
Washington National Airport and 14th Street Bridge; or between Dulles 
International Airport and Washington National Airport over the George 
Washington Memorial Parkway between

[[Page 133]]

Virginia Route 123 and Washington National Airport. Permittees shall 
file a report of all operations and total miles operated on the George 
Washington Memorial Parkway with the Regional Director.
    (C) Permits are issued to operators of vehicles described in 
paragraphs (f)(2)(iii) (A) and (B) normally for a period of one year, 
effective from July 1 until the following June 30, at the rate of one 
cent (1) per mile for each mile each such vehicle operates upon the 
parkway. Payment shall be made quarterly within twenty (20) days after 
the end of the quarter based upon a certification by the operator of the 
total mileage operated upon the parkway.
    (iv) Sightseeing passenger-carrying vehicles for hire or 
compensation other than taxicabs may be permitted on the George 
Washington Memorial Parkway upon issuance of a permit by the Regional 
Director, to provide sightseeing service on any portion of the parkway. 
Permits may be issued either on an annual basis for a fee of three 
dollars ($3.00) for each passenger-carrying seat in such vehicle; on a 
quarterly basis for a fee of seventy-five cents (75) per seat; or on a 
daily basis at the rate of one dollar ($1.00) per vehicle per day.
    (3) Taxicabs--(i) Operations around Memorials. Parking, except in 
designated taxicab stands, or cruising on the access roads to the 
Washington Monument, the Lincoln Memorial, the Jefferson Memorial, and 
the circular roads around the same, of any taxicab or hack without 
passengers is prohibited. However, this section does not prohibit the 
operation of empty cabs responding to definite calls for hack service by 
passengers waiting at such Memorials, or of empty cabs which have just 
discharged passengers at the entrances of the Memorials, when such 
operation is incidental to the empty cabs' leaving the area by the 
shortest route.
    (ii) Stands. The Superintendent may designate taxicab stands in 
suitable and convenient locations to serve the public.
    (4) The provisions of this section prohibiting commercial trucks and 
common carriers do not apply within other Federal reservations in the 
environs of the District of Columbia and do not apply on that portion of 
Suitland Parkway between the intersection with Maryland Route 337 and 
the end of the Parkway at Maryland Route 4, a length of 0.6 mile.
    (g) Demonstrations and special events--(1) Definitions. (i) The term 
``demonstrations'' includes demonstrations, picketing, speechmaking, 
marching, holding vigils or religious services and all other like forms 
of conduct which involve the communication or expression of views or 
grievances, engaged in by one or more persons, the conduct of which has 
the effect, intent or propensity to draw a crowd or onlookers. This term 
does not include casual park use by visitors or tourists which does not 
have an intent or propensity to attract a crowd or onlookers.
    (ii) The term ``special events'' includes sports events, pageants, 
celebrations, historical reenactments, regattas, entertainments, 
exhibitions, parades, fairs, festivals and similar events (including 
such events presented by the National Park Service), which are not 
demonstrations under paragraph (g)(1)(i) of this section, and which are 
engaged in by one or more persons, the conduct of which has the effect, 
intent or propensity to draw a crowd or onlookers. This term also does 
not include casual park use by visitors or tourists which does not have 
an intent or propensity to attract a crowd or onlookers.
    (iii) The term ``national celebration events'' means the annually 
recurring special events regularly scheduled by the National Capital 
Region, which are listed in paragraph (g)(4)(i) of this section.
    (iv) The term ``White House area'' means all park areas, including 
sidewalks adjacent thereto, within these bounds; on the south, 
Constitution Avenue NW.; on the north, H Street NW.; on the east, 15th 
Street, NW.; and on the west, 17th Street NW.
    (v) The term ``White House sidewalk'' means the south sidewalk of 
Pennsylvania Avenue NW., between East and West Executive Avenues NW.
    (vi) The term ``Lafayette Park'' means the park areas, including 
sidewalks adjacent thereto, within these bounds: on the south, 
Pennsylvania Avenue NW.; on the north, H Street NW.;

[[Page 134]]

on the east, Madison Place NW.; and on the west, Jackson Place NW.
    (vii) The term ``Ellipse'' means the park areas, including sidewalks 
adjacent thereto, within these bounds: on the south, Constitution Avenue 
NW.; on the north, E Street, NW.; on the west, 17th Street NW.; and on 
the east, 15th Street NW.
    (viii) The term ``Regional Director'' means the official in charge 
of the National Capital Region, National Park Service, U.S. Department 
of the Interior, or an authorized representative thereof.
    (ix) The term ``other park areas'' includes all areas, including 
sidewalks adjacent thereto, other than the White House area, 
administered by the National Capital Region.
    (x) The term ``Vietnam Veterans Memorial'' means the structures and 
adjacent areas extending to and bounded by the south curb of 
Constitution Avenue on the north, the east curb of Henry Bacon Drive on 
the west, the north side of the north Reflecting Pool walkway on the 
south and a line drawn perpendicular to Constitution Avenue two hundred 
(200) feet from the east tip of the memorial wall on the east (this is 
also a line extended from the east side of the western concrete border 
of the steps to the west of the center steps to the Federal Reserve 
Building extending to the Reflecting Pool walkway).
    (2) Permit requirements. Demonstrations and special events may be 
held only pursuant to a permit issued in accordance with the provisions 
of this section except:
    (i) Demonstrations involving 25 persons or fewer may be held without 
a permit provided that the other conditions required for the issuance of 
a permit are met and provided further that the group is not merely an 
extension of another group already availing itself of the 25-person 
maximum under this provision or will not unreasonably interfere with 
other demonstrations or special events.
    (ii) Demonstrations may be held in the following park areas without 
a permit provided that the conduct of such demonstrations is reasonably 
consistent with the protection and use of the indicated park area and 
the other requirements of this section. The numerical limitations listed 
below are applicable only for demonstrations conducted without a permit 
in such areas. Larger demonstrations may take place in these areas 
pursuant to a permit.
    (A) Franklin Park. Thirteenth Street, between I and K Streets NW., 
for no more than 500 persons.
    (B) McPherson Square. Fifteenth Street, between I and K Streets NW., 
for no more than 500 persons.
    (C) U.S. Reservation No. 31. West of 18th Street and south of H 
Street NW., for no more than 100 persons.
    (D) Rock Creek and Potomac Parkway. West of 23rd Street, south of P 
Street NW., for no more than 1,000 persons.
    (E) U.S. Reservation No. 46. North side of Pennsylvania Avenue, west 
of Eighth Street and south of D Street, SE., for no more than 25 persons 
and south of D Street SE., for no more than 25 persons.
    (3) Permit applications. Permit applications may be obtained at the 
Office of Public Affairs, National Capital Region, 1100 Ohio Drive SW., 
Washington, DC 20242. Applicants shall submit permit applications in 
writing on a form provided by the National Park Service so as to be 
received by the Regional Director at least 48 hours in advance of any 
proposed demonstration or special event. This 48-hour period will be 
waived by the Regional Director if the size and nature of the activity 
will not reasonably require the commitment of park resources or 
personnel in excess of that which are normally available or which can 
reasonably be made available within the necessary time period. The 
Regional Director shall accept permit applications only during the hours 
of 8 a.m.-4 p.m., Monday through Friday, holidays excepted. All 
demonstration applications, except those seeking waiver of the numerical 
limitations applicable to Lafayette Park (paragraph (g)(5)(ii) of this 
section), are deemed granted, subject to all limitations and 
restrictions applicable to said park area, unless denied within 24 hours 
of receipt. However, where a permit has been granted, or is deemed to 
have been granted pursuant to this subsection, the Regional Director may 
revoke that permit pursuant to paragraph (g)(6) of this section.

[[Page 135]]

    (i) White House area. No permit may be issued authorizing 
demonstrations in the White House area, except for the White House 
sidewalk, Lafayette Park and the Ellipse. No permit may be issued 
authorizing special events, except for the Ellipse, and except for 
annual commemorative wreath-laying ceremonies relating to the statutes 
in Lafayette Park.
    (ii) Other park areas. No permits may be issued authorizing 
demonstrations or special events in the following other park areas:
    (A) The Washington Monument, which means the area enclosed within 
the inner circle that surrounds the Monument's base, except for the 
official annual commemorative Washington birthday ceremony.
    (B) The Lincoln Memorial, which means that portion of the park area 
which is on the same level or above the base of the large marble columns 
surrounding the structure, and the single series of marble stairs 
immediately adjacent to and below that level, except for the official 
annual commemorative Lincoln birthday ceremony.
    (C) The Jefferson Memorial, which means the circular portion of the 
Jefferson Memorial enclosed by the outermost series of columns, and all 
portions on the same levels or above the base of these columns, except 
for the official annual commemorative Jefferson birthday ceremony.
    (D) The Vietnam Veterans Memorial, except for official annual 
Memorial Day and Veterans Day commemorative ceremonies. Note: The 
darkened portions of the diagrams at the conclusion of paragraph (g) of 
this section show the areas where demonstrations or special events are 
prohibited.
    (4) Permit processing. (i) Permit applications for demonstrations 
and special events are processed in order of receipt, and the use of a 
particular area is allocated in order of receipt of fully executed 
applications, subject to the limitations set forth in this section. 
Provided, however, that the following national celebration events have 
priority use of the particular park area during the indicated period.
    (A) Christmas Pageant of Peace. In the oval portion of the Ellipse 
only, during approximately the last three weeks in December.
    (B) Cherry Blossom Festival. In the Japanese Lantern area adjacent 
to the Tidal Basin and on the Ellipse and the Washington Monument 
Grounds adjacent to Constitution Avenue, between 15th & 17th Streets 
NW., for six days usually in late March or early April.
    (C) Fourth of July Celebration. On the Washington Monument Grounds.
    (D) Festival of American Folklife. In the area bound on the south by 
Jefferson Drive NW.; on the north by Madison Drive NW.; on the east by 
7th Street NW.; on the west by 14th Street NW., for a two-week period in 
approximately late June and early July.
    (E) Columbus Day Commemorative Wreath-Laying. At the Columbus statue 
on the Union Plaza on Columbus Day.
    (F) Inaugural ceremonies. The White House sidewalk and Lafayette 
Park, exclusive of the northeast quadrant, for the exclusive use of the 
Inaugual Committee on Inauguration Day.
    (ii) Other demonstrations or special events are permitted in park 
areas under permit to the National Celebration Events listed in this 
paragraph to the extent that they do not significantly interfere with 
the National Celebration Events. No activity containing structures is 
permitted closer than 50 feet to another activity containing structures 
without the mutual consent of the sponsors of those activities.
    (iii) A permit may be denied in writing by the Regional Director 
upon the following grounds:
    (A) A fully executed prior application for the same time and place 
has been received, and a permit has been or will be granted authorizing 
activities which do not reasonably permit multiple occupancy of the 
particular area; in that event, an alternate site, if available for the 
activity, will be proposed by the Regional Director to the applicant.
    (B) It reasonably appears that the proposed demonstration or special 
event will present a clear and present danger to the public safety, good 
order, or health.

[[Page 136]]

    (C) The proposed demonstration or special event is of such a nature 
or duration that it cannot reasonably be accommodated in the particular 
area applied for; in that event, the Regional Director shall propose an 
alternate site to the applicant, if available for the activity; in this 
connection, the Regional Director shall reasonably take into account 
possible damage to the park, including trees, shrubbery, other 
plantings, park installations and statues.
    (D) The application proposes activities contrary to any of the 
provisions of this section or other applicable law or regulation.
    (5) Permit limitations. Issuance of a permit is subject to the 
following limitations:
    (i) No more than 750 persons are permitted to conduct a 
demonstration on the White House sidewalk at any one time.
    (ii) No more than 3,000 persons are permitted to conduct a 
demonstration in Lafayette Park at any one time.
    (A) The Regional Director may waive the 3,000 person limitation for 
Lafayette Park and/or the 750 person limitation for the White House 
Sidewalk upon a showing by the applicant that good faith efforts will be 
made to plan and marshal the demonstration in such a fashion so as to 
render unlikely any substantial risk of unreasonable disruption or 
violence.
    (B) In making a waiver determination, the Regional Director shall 
consider and the applicant shall furnish at least ten days in advance of 
the proposed demonstration, the functions the marshals will perform, the 
means by which they will be identified, and their method of 
communication with each other and the crowd. This requirement will be 
satisfied by completion and submission of the same form referred to in 
paragraph (g)(3) of this section.
    (iii) No permit will be issued for a demonstration on the White 
House Sidewalk and in Lafayette Park at the same time except when the 
organization, group, or other sponsor of such demonstration undertakes 
in good faith all reasonable action, including the provision of 
sufficient marshals, to insure good order and self-discipline in 
conducting such demonstration and any necessary movement of persons, so 
that the numerical limitations and waiver provisions described in 
paragraphs (g)(5) (i) and (ii) of this section are observed.
    (iv) No permit will be issued authorizing demonstrations or special 
events in excess of the time periods set out below: Provided, however, 
that the stated periods will be extended for demonstrations only, unless 
another application requests use of the particular area and said 
application precludes double occupancy:
    (A) White House area, except the Ellipse: Seven days.
    (B) The Ellipse and all other park areas: Three weeks.
    (v) The Regional Director may restrict demonstrations and special 
events weekdays (except holidays) between the hours of 7:00 to 9:30 a.m. 
and 4:00 to 6:30 p.m. if it reasonably appears necessary to avoid 
unreasonable interference with rush-hour traffic.
    (vi) Special events are not permitted unless approved by the 
Regional Director. In determining whether to approve a proposed special 
event, the Regional Director shall consider and base the determination 
upon the following criteria:
    (A) Whether the objectives and purposes of the proposed special 
event relate to and are within the basic mission and responsibilities of 
the National Capital Region, National Park Service.
    (B) Whether the park area requested is reasonably suited in terms of 
accessibility, size, and nature of the proposed special event.
    (C) Whether the proposed special event can be permitted within a 
reasonable budgetary allocation of National Park Service funds 
considering the event's public appeal, and the anticipated participation 
of the general public therein.
    (D) Whether the proposed event is duplicative of events previously 
offered in National Capital Region or elsewhere in or about Washington, 
DC.
    (E) Whether the activities contemplated for the proposed special 
event are in conformity with all applicable laws and regulations.
    (vii) In connection with permitted demonstrations or special events, 
temporary structures may be erected for

[[Page 137]]

the purpose of symbolizing a message or meeting logistical needs such as 
first aid facilities, lost children areas or the provision of shelter 
for electrical and other sensitive equipment or displays. Temporary 
structures may not be used outside designated camping areas for living 
accommodation activities such as sleeping, or making preparations to 
sleep (including the laying down of bedding for the purpose of 
sleeping), or storing personal belongings, or making any fire, or doing 
any digging or earth breaking or carrying on cooking activities. The 
above-listed activities constitute camping when it reasonably appears, 
in light of all the circumstances, that the participants, in conducting 
these activities, are in fact using the area as a living accommodation 
regardless of the intent of the participants or the nature of any other 
activities in which they may also be engaging. Temporary structures are 
permitted to the extent described above, provided prior notice has been 
given to the Regional Director, except that:
    (A) Structures are not permitted on the White House sidewalk.
    (B) All such temporary structures shall be erected in such a manner 
so as not to harm park resources unreasonably and shall be removed as 
soon as practicable after the conclusion of the permitted demonstration 
or special event.
    (C) The Regional Director may impose reasonable restrictions upon 
the use of temporary structures in the interest of protecting the park 
areas involved, traffic and public safety considerations, and other 
legitimate park value concerns.
    (D) Any structures utilized in a demonstration extending in duration 
beyond the time limitations specified in paragraphs (g)(5)(iv) (A) and 
(B) of this section shall be capable of being removed upon 24 hours 
notice and the site restored, or, the structure shall be secured in such 
a fashion so as not to interfere unreasonably with use of the park area 
by other permittees authorized under this section.
    (E) Individuals or groups of 25 persons or fewer demonstrating under 
the small group permit exemption of paragraph (g)(2)(i) of this section 
are not allowed to erect temporary structures other than small lecterns 
or speakers' platforms. This provision does not restrict the use of 
portable signs or banners.
    (viii) No signs or placards shall be permitted on the White House 
sidewalk except those made of cardboard, posterboard or cloth having 
dimensions no greater than three feet in width, twenty feet in length, 
and one-quarter inch in thickness. No supports shall be permitted for 
signs or placards except those made of wood having cross-sectional 
dimensions no greater than three-quarter of an inch by three-quarter of 
an inch. Stationary signs or placards shall be no closer than three feet 
from the White House sidewalk fence. All signs and placards shall be 
attended at all times that they remain on the White House sidewalk. 
Signs or placards shall be considered to be attended only when they are 
in physical contact with a person. No signs or placards shall be tied, 
fastened, or otherwise attached to or leaned against the White House 
fence, lamp posts or other structures on the White House sidewalk. No 
signs or placards shall be held, placed or set down on the center 
portion of the White House sidewalk, comprising ten yards on either side 
of the center point on the sidewalk; Provided, however, that individuals 
may demonstrate while carrying signs on that portion of the sidewalk if 
they continue to move along the sidewalk.
    (ix) No parcel, container, package, bundle or other property shall 
be placed or stored on the White House sidewalk or on the west sidewalk 
of East Executive Avenue NW., between Pennsylvania Avenue NW., and E 
Street NW., or on the north sidewalk of E Street NW., between East and 
West Executive Avenues NW.; Provided, however, that such property, 
except structures, may be momentarily placed or set down in the 
immediate presence of the owner on those sidewalks.
    (x) The following are prohibited in Lafayette Park:
    (A) The erection, placement or use of structures of any kind except 
for the following:
    (1) Structures that are being hand-carried are allowed.

[[Page 138]]

    (2) When one hundred (100) or more persons are participating in a 
demonstration in the Park, a temporary speaker's platform as is 
reasonably required to serve the demonstration participants is allowed 
as long as such platform is being erected, dismantled or used, provided 
that only one speaker's platform is allowed per demonstrating group, and 
provided further that such speaker's platform is authorized by a permit 
issued pursuant to paragraph (g) of this section.
    (3) When less than one hundred (100) persons are participating in a 
demonstration in the Park, a temporary ``soapbox'' speaker's platform is 
allowed as long as such platform is being erected, dismantled or used, 
providing that only one speaker's platform is allowed per demonstrating 
group, and provided further that the speaker's platform is no larger 
than three (3) feet in length, three (3) feet in width, and three (3) 
feet in height, and provided further that such speaker's platform is 
authorized by a permit issued pursuant to paragraph (g) of this section.
    (4) For the purpose of this section, the term ``structure'' includes 
props and displays, such as coffins, crates, crosses, theaters, cages, 
and statues; furniture and furnishings, such as desks, chairs, tables, 
bookcases, cabinets, platforms, podiums and lecterns; shelters, such as 
tents, boxes and other enclosures; wagons and carts; and all other 
similar types of property which might tend to harm park resources 
including aesthetic interests. Provided however that the term 
``structure'' does not include signs; bicycles, baby carriages and baby 
strollers lawfully in the Park that are temporarily placed in, or are 
being moved across, the Park, and that are attended at all times while 
in the Park (the term ``attended' is defined as an individual being 
within three (3) feet of his or her bicycle, baby carriage or baby 
stroller); and wheelchairs and other devices for the handicapped in use 
by handicapped persons.
    (B) The use of signs except for the following:
    (1) Hand-carried signs are allowed regardless of size.
    (2) Signs that are not being hand-carried and that are no larger 
than four (4) feet in length, four (4) feet in width and one-quarter 
(\1/4\) inch in thickness (exclusive of braces that are reasonably 
required to meet support and safety requirements and that are not used 
so as to form an enclosure of two (2) or more sides) may be used in 
Lafayette Park, provided that no individual may have more than two (2) 
such signs in the Park at any one time, and provided further that such 
signs must be attended at all times (the term ``attended' is defined as 
an individual being within three (3) feet of his or her sign(s)), and 
provided further that such signs may not be elevated in a manner so as 
to exceed a height of six (6) feet above the ground at their highest 
point, may not be arranged or combined in a manner so as to exceed the 
size limitations set forth in this paragraph, and may not be arranged in 
such a fashion as to form an enclosure of two (2) or more sides. For 
example, under this provision, two four-feet by four-feet signs may not 
be combined so as to create a sign eight feet long and four feet wide, 
and three such signs may not be arranged to create a sign four feet long 
and twelve feet wide, and two or more signs of any size may not be 
leaned or otherwise placed together so as to form an enclosure of two or 
more sides, etc.
    (xi) Stages and sound amplification may not be placed closer than 
one hundred (100) feet from the boundaries of the Vietnam Veterans 
Memorial and sound systems shall be directed away from the memorial at 
all times.
    (xii) Sound amplification equipment is allowed in connection with 
permitted demonstrations or special events, provided prior notice has 
been given to the Regional Director, except that:
    (A) Sound amplification equipment may not be used on the White House 
sidewalk, other than hand-portable sound amplification equipment which 
the Regional Director determines is necessary for crowd-control 
purposes.
    (B) The Regional Director reserves the right to limit the sound 
amplification equipment so that it will not unreasonably disturb 
nonparticipating persons in, or in the vicinity of, the area.

[[Page 139]]

    (xiii) A permit may contain additional reasonable conditions and 
additional time limitations, consistent with this section, in the 
interest of protecting park resources, the use of nearby areas by other 
persons, and other legitimate park value concerns.
    (xiv) A permit issued under this section does not authorize 
activities outside of areas under administration by the National Capital 
Region. Applicants may also be required to obtain a permit from the 
District of Columbia or other appropriate governmental entity for 
demonstrations or special events sought to be conducted either wholly or 
in part in other than park areas.
    (6) Permit revocation. A permit issued for a demonstration is 
revocable only upon a ground for which an application therefor would be 
subject to denial under paragraphs (g) (4) or (5) of this section. Any 
such revocation, prior to the conduct of the demonstration, shall be in 
writing and shall be approved by the Regional Director. During the 
conduct of a demonstration, a permit may be revoked by the ranking U.S. 
Park Police supervisory official in charge if continuation of the event 
presents a clear and present danger to the public safety, good order or 
health or for any violation of applicable law or regulation. A permit 
issued for a special event is revocable, at any time, in the reasonable 
discretion of the Regional Director.
    (7) Further information on administering these regulations can be 
found in policy statements published at 47 FR 24299, June 4, 1982, and 
at 47 FR 24302, June 4, 1982. Copies of the policy statements may be 
obtained from the Regional Director.

[[Page 140]]

[GRAPHIC] [TIFF OMITTED] TC26OC91.003


[[Page 141]]


[GRAPHIC] [TIFF OMITTED] TC26OC91.004

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

[[Page 142]]

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

[[Page 143]]

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

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



Sec. 7.97  Golden Gate National Recreation Area.

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

[[Page 144]]

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

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



Sec. 7.100  Appalachian National Scenic Trail.

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

[67 FR 8481, Feb. 25, 2002]



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




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

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

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



Sec. 8.1  Definitions.

    As used in this part:
    (a) National park includes a national monument or other area under 
the administrative jurisdiction of the National Park Service of the 
Department of the Interior.
    (b) Concessioner includes any individual, partnership, corporation, 
or other business entity engaged in operating facilities within or 
without a national park for the accommodation of visitors to the park 
under a contract with or permit from the Secretary or the Director.
    (c) Employee includes any individual employed by a concessioner in 
connection with operations covered by a contract with or permit from the 
Secretary or the Director.
    (d) Executive or department head includes any employee whose primary 
duty is the management of the business of the concessioner, or a 
customarily recognized department thereof, and who customarily and 
regularly directs the work of other employees with

[[Page 145]]

authority to employ and discharge other employees, or whose suggestions 
and recommendations as to the employment, discharge, advancement or 
promotion of such employees will be given particular weight by the 
concessioner, and who customarily and regularly exercises discretionary 
powers.
    (e) State means any State, Territory, possession, or the District of 
Columbia.

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



Sec. 8.2  Basis and purpose.

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



Sec. 8.3  Applicability.

    This part shall not apply to:
    (a) Concessioners providing and operating medical services.
    (b) Personal servants.
    (c) Employees engaged in agricultural activities, including the 
care, handling, and feeding of livestock.
    (d) Detectives, watchmen, guards, and caretakers.
    (e) Bona fide executives or department heads.
    (f) Solicitors or outside salesmen whose compensation is chiefly on 
a commission basis.
    (g) Professional sports instructors and entertainers.
    (h) The following employees, when approved by the Director: 
Employees for whom relief is clearly impracticable because of peculiar 
conditions arising from the fact that operations are carried on in areas 
having no resident population or are located at long distances from a 
supply of available labor; employees whose employment requires special 
or technical training or skill, where no person capable of providing 
relief is available within a reasonable distance; employees in small 
units accessible only by trail or remote from centers of activity, or 
operating on a small volume of business primarily for the convenience of 
the public.



Sec. 8.4  Federal and State labor laws.

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

[51 FR 24656, July 8, 1986]



Sec. 8.5  Access for investigators.

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

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



Sec. 8.6  Complaints; appeal.

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

[[Page 146]]

Appeals Board of the Office of Hearings and Appeals.

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



Sec. 8.7  Record keeping.

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

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



Sec. 8.8  Filing of labor agreements.

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

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



Sec. 8.9  Posting of regulations.

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

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



PART 9--MINERALS MANAGEMENT--Table of Contents




                   Subpart A--Mining and Mining Claims

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

                Subpart B--Non-Federal Oil and Gas Rights

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

Subpart C [Reserved]

          Subpart D--Alaska Mineral Resource Assessment Program

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

[[Page 147]]



                   Subpart A--Mining and Mining Claims

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

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



Sec. 9.1  Purpose and scope.

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

[53 FR 25162, July 2, 1988]



Sec. 9.2  Definitions.

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

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

[[Page 148]]



Sec. 9.3  Access permits.

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

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



Sec. 9.4  Surface disturbance moratorium.

    (a) For a period of four years after September 28, 1976, no operator 
of a claim located within the boundaries of Death Valley National 
Monument, Mount McKinley National Park, or Organ Pipe Cactus National 
Monument (see also claims subject to Sec. 9.10(a)(3)) shall disturb for 
purposes of mineral exploration or development the surface of any lands 
which had not been significantly disturbed for purposes of mineral 
extraction prior to February 29, 1976, except as provided in this 
section. However, where a claim is subject, for a peroid of four years 
after September 28, 1976, to this section solely by virtue of 
Sec. 9.10(a)(3), the date before which there must have been significant 
disturbance for purposes of mineral extraction is January 26, 1977.
    (b) An operator of a claim in one of these units seeking to enlarge 
an existing excavation or otherwise disturb the surface for purposes of 
mineral exploration or development shall file with the Superintendent an 
application stating his need to disturb additional surface in order to 
maintain production at an annual rate not to exceed an average annual 
production level of said operations for the three calendar years 1973, 
1974, and 1975. Accompanying the application shall be a plan of 
operations which complies with Sec. 9.9 and verified copies of 
production records for the years 1973, 1974, and 1975.
    (c) If the Regional Director finds that the submitted plan of 
operations complies with Sec. 9.9, that enlargement of the existing 
excavation of an individual mining operation is necessary in order to 
make feasible continued production therefrom at an annual rate not to 
exceed the average annual production level of said operation for the 
three calendar years 1973, 1974, and 1975, and that the plan of 
operations meets the applicable standard of approval of Sec. 9.10(a)(1), 
he shall issue a permit allowing the disturbance of the surface of the 
lands contiguous to the existing excavation to the minimum extent 
necessary to effect such enlargement. For the purpose of this section 
``lands contiguous to the existing excavation'' shall include land which 
actually adjoins the existing excavation or which could logically become 
an extension of the excavation; for example, drilling to determine the 
extent and direction to which the existing excavation should be extended 
may be permitted at a site which does not actually adjoin the 
excavating.
    (d) The appropriate reclamation standard to be applied will be 
determined by the nature of the claim. (See Secs. 9.11(a)(1) and 
(a)(2).)
    (e) Operations conducted under a permit pursuant to this section 
shall be subject to all the limitations imposed by this part.
    (f) For the purposes of this section, each separate mining 
excavation shall be treated as an individual mining operation.

[[Page 149]]



Sec. 9.5  Recordation.

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

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

[44 FR 20427, Apr. 5, 1979]



Sec. 9.6  Transfers of interest.

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



Sec. 9.7  Assessment work.

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



Sec. 9.8  Use of water.

    (a) No operator may use for operations any water from a point of 
diversion which is within the boundaries of

[[Page 150]]

any unit unless authorized in writing by the Regional Director. The 
Regional Director shall not approve a plan of operations requiring the 
use of water from such source unless the right to the water has been 
perfected under applicable State law, has a priority date prior to the 
establishment of the unit and there has been a continued beneficial use 
of that water right.
    (b) If an operator whose operations will require the use of water 
from a point of diversion within the boundaries of the unit can show 
that he has a perfected State water right junior to the reserved water 
right of the United States and can demonstrate that the exercise of that 
State water right will not diminish the Federal right, which is that 
amount of water necessary for the purposes for which the unit was 
established, he will be authorized to use water from that source for 
operations, if he has complied with all other provisions of these 
regulations.



Sec. 9.9  Plan of operations.

    (a) No operations shall be conducted within any unit until a plan of 
operations has been submitted by the operator to the Superintendent and 
approved by the Regional Director. All operations within any unit shall 
be conducted in accordance with an approved plan of operations.
    (b) The proposed plan of operations shall relate, as appropriate, to 
the proposed operations (e.g. exploratory, developmental or extraction 
work) and shall include but is not limited to:
    (1) The names and legal addresses of the following persons: The 
operator, the claimant if he is not the operator, and any lessee, 
assignee, or designee thereof;
    (2) A map or maps showing the proposed area of operations; existing 
roads or proposed routes to and from the area of operations; areas of 
proposed mining; location and description of surface facilities, 
including dumps;
    (3) A description of the mode of transport and major equipment to be 
used in the operations;
    (4) A description of the proposed operations and an estimated 
timetable for each phase of operations and the completion of operations;
    (5) The nature and extent of the known deposit to be mined. When the 
claim is located in a National Monument in Alaska and is unpatented, a 
completed Supplemental Claim Information Statement shall be submitted 
describing the quantity, quality, and any previous production of the 
deposit;
    (6) A mining reclamation plan demonstrating compliance with the 
requirements of Sec. 9.11;
    (7) All steps taken to comply with any applicable Federal, State, 
and local laws or regulations, including the applicable regulations in 
36 CFR, chapter I;
    (8) In units subject to the surface disturbance moratorium of 
section 4 of the Act and Sec. 9.4, proof satisfactory to the Regional 
Director that the surface of the area on which the operation is to occur 
was significantly disturbed for purposes of mineral extraction prior to 
February 29, 1976, or if the area was not so disturbed, proof, including 
production records for the years 1973, 1974, and 1975, that new 
disturbance is necessary to maintain an average annual rate of 
production not to exceed that of the years 1973, 1974, and 1975;
    (9) An environmental report analyzing the following:
    (i) The environment to be affected by the operations,
    (ii) The impacts of the operations on the unit's environment,
    (iii) Steps to be taken to insure minimum surface disturbance,
    (iv) Methods for disposal of all rubbish and other solid and liquid 
wastes,
    (v) Alternative methods of extraction and the environmental effects 
of each,
    (vi) The impacts of the steps to be taken to comply with the 
reclamation plan, and
    (10) Any additional information that is required to enable the 
Regional Director to effectively analyze the effects that the operations 
will have on the preservation, management and public use of the unit, 
and to make a decision regarding approval or disapproval of the plan of 
operations and issuance or denial of the access permit.
    (c) In all cases the plan must consider and discuss the unit's 
Statement for Management and other planning documents, and activities to 
control,

[[Page 151]]

minimize or prevent damage to the recreational, biological, scientific, 
cultural, and scenic resources of the unit.
    (d) Any person conducting operations on January 26, 1977, shall be 
required to submit a plan of operations to the Superintendent. If 
otherwise authorized, operations in progress on January 26, 1977, may 
continue for 120 days from that date without having an approved plan. 
After 120 days from January 26, 1977, no such operations shall be 
conducted without a plan approved by the Regional Director, unless 
access is extended under the existing permit by the Regional Director. 
(See Sec. 9.10(g).)

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



Sec. 9.10  Plan of operations approval.

    (a) The Regional Director shall not approve a plan of operations:
    (1) For existing or new operations if the claim was patented without 
surface use restriction, where the operations would constitute a 
nuisance in the vicinity of the operation, or would significantly injure 
or adversely affect federally owned lands; or
    (2) For operations which had not significantly disturbed the surface 
of the claim for purposes of mineral extraction prior to January 26, 
1977, if the claim has not been patented, or if the patent is subject to 
surface use restrictions, where the operations would preclude management 
for the purpose of preserving the pristine beauty of the unit for 
present and future generations, or would adversely affect or 
significantly injure the ecological or cultural resources of the unit. 
No new surface mining will be permitted under this paragraph except 
under this standard; or
    (3) For operations which had significantly disturbed the surface of 
the claim for purposes of mineral extraction prior to January 26, 1977, 
if the claim has not been taken to patent, or the patent is subject to 
surface use restrictions, where the operations would constitute a 
nuisance in the vicinity of the operation, or would significantly injure 
or adversely affect federally owned lands. Provided, however, operations 
under this paragraph shall be limited by the provisions of Sec. 9.4, 
notwithstanding the limitation of that section's applicability to the 
three enumerated units;
    (4) Where the claim, regardless of when it was located, has not been 
patented and the operations would result in the destruction of surface 
resources, such as trees, vegetation, soil, water resources, or loss of 
wildlife habitat, not required for development of the claim; or
    (5) Where the operations would constitute a violation of the surface 
disturbance moratorium of section 4 of the Act; or
    (6) Where the plan does not satisfy each of the requirements of 
Sec. 9.9.
    (b) Within 60 days of the receipt of a proposed plan of operations, 
the Regional Director shall make an environmental analysis of such plan, 
and
    (1) Notify the operator that he has approved or rejected the plan of 
operations; or
    (2) Notify the operator of any changes in, or additions to the plan 
of operations which are necessary before such plan will be approved; or
    (3) Notify the operator that the plan is being reviewed, but that 
more time, not to exceed an additional 30 days, is necessary to complete 
such review, and setting forth the reasons why additional time is 
required; Provided, however, That days during which the area of 
operations is inaccessible for such reasons as inclement weather, 
natural catastrophy, etc., for inspection shall not be included when 
computing either this time period, or that in paragraph (b) of this 
section; or
    (4) Notify the operator that the plan cannot be considered for 
approval until forty-five (45) days after a final environmental impact 
statement, if required, has been prepared and filed with the Council on 
Environmental Quality.
    (c) Failure of the Regional Director to act on a proposed plan of 
operations and related permits within the time period specified shall 
constitute an approval of the plan and related permits for a period of 
three (3) years.
    (d) The Regional Director's analysis may include:
    (1) An examination of the environmental report filed by the 
operator;

[[Page 152]]

    (2) An evaluation of measures and timing required to comply with 
reclamation requirements;
    (3) An evaluation of necessary conditions and amount of the bond or 
security deposit to cover estimated reclamation costs;
    (4) An evaluation of the need for any additional requirements in 
access permit; and
    (5) A determination regarding the impact of this operation and the 
cumulative impact of all operations on the management of the unit.
    (e) Prior to approval of a plan of operations, the Regional Director 
shall determine whether any properties included in, or eligible for 
inclusion in, the National Register of Historic Places or National 
Registry of Natural Landmarks may be affected by the proposed activity. 
This determination will require the acquisition of adequate information, 
such as that resulting from field surveys, in order to properly 
determine the presence of and significance of cultural resources within 
the area to be affected by mining operations. Whenever National Register 
properties or properties eligible for inclusion in the National Register 
would be affected by mining operations, the Regional Director shall 
comply with section 106 of the National Historic Preservation Act of 
1966 as implemented by 36 CFR part 800.
    (1) The operator shall not injure, alter, destroy, or collect any 
site, structure, object, or other value of historical, archeological, or 
other cultural scientific importance. Failure to comply with this 
requirement shall constitute a violation of the Antiquities Act (16 
U.S.C. 431-433) (see 43 CFR part 3).
    (2) The operator shall immediately bring to the attention of the 
Superintendent any cultural and/or scientific resource that might be 
altered or destroyed by his operation and shall leave such discovery 
intact until told to proceed by the Superintendent. The Superintendent 
will evaluate the discoveries brought to his attention, and will 
determine within ten (10) working days what action will be taken with 
respect to such discoveries.
    (3) The responsibility for, and cost of investigations and salvage 
of such values that are discovered during operations will be that of the 
operator, where the claim is unpatented.
    (f) The operator shall protect all survey monuments, witness 
corners, reference monuments and bearing trees against destruction, 
obliteration, or damage from mining operations, and shall be responsible 
for the reestablishment, restoration, or referencing of any monuments, 
corners and bearing trees which are destroyed, obliterated, or damaged 
by such mining operations.
    (g) Pending approval of the plan of operations, the Regional 
Director may approve, on a temporary basis, the continuation of existing 
operations if necessary to enable timely compliance with these 
regulations and with Federal, State, or local laws, or if a halt to 
existing operations would result in an unreasonable economic burden or 
injury to the operator. Such work must be conducted in accordance with 
all applicable laws, and in a manner prescribed by the Regional Director 
and designed to minimize or prevent significant environmental effects.
    (h) Approval of each plan of operations is expressly conditioned 
upon the Superintendent having such reasonable access to the claim as is 
necessary to properly monitor and insure compliance with the plan of 
operations.



Sec. 9.11  Reclamation requirements.

    (a) As contemporaneously as possible with the operations, but in no 
case later than six (6) months after completion of operations and within 
the time specified in an approved mining reclamation plan, unless a 
longer period is authorized in writing by the Regional Director, each 
operator shall initiate reclamation as follows:
    (1) Where the claim was patented without surface use restriction, 
the operator shall at a minimum:
    (i) Remove all above ground structures, equipment, and other manmade 
debris used for operations; and
    (ii) Rehabilitate the area of operations to a condition which would 
not constitute a nuisance; or would not adversely affect, injure or 
damage, federally owned lands.
    (2) On any claim which was patented with surface use restrictions or 
is unpatented, each operator must take

[[Page 153]]

steps to restore natural conditions and processes, which steps shall 
include, but are not limited to:
    (i) Removing all above ground structures, equipment and other 
manmade debris;
    (ii) Providing for the prevention of surface subsidence;
    (iii) Replacing overburden and spoil, wherever economically and 
technologically practicable;
    (iv) Grading to reasonably conform the contour of the area of 
operations to a contour similar to that which existed prior to the 
initiation of operations, where such grading will not jeopardize 
reclamation;
    (v) Replacing the natural topsoil necessary for vegetative 
restoration; and
    (vi) Reestablishing native vegetative communities.
    (b) Reclamation under paragraph (a)(2) of this section is 
unacceptable unless it provides for the safe movement of native 
wildlife, the reestablishment of native vegetative communities, the 
normal flow of surface and reasonable flow of subsurface waters, the 
return of the area to a condition which does not jeopardize visitor 
safety or public use of the unit, and return of the area to a condition 
equivalent to its pristine beauty.
    (c) Reclamation required by this section shall apply to operations 
authorized under this part, except that all terms relating to 
reclamation of previously issued special use permits revoked by this 
part for operations to be continued under an approved plan of operations 
shall be incorporated into the operator's reclamation plans.



Sec. 9.12  Supplementation or revision of plan of operations.

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



Sec. 9.13  Performance bond.

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

[[Page 154]]



Sec. 9.14  Appeals.

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



Sec. 9.15  Use of roads by commercial vehicles.

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



Sec. 9.16  Penalties.

    Undertaking any operation within the boundaries of any unit in 
violation

[[Page 155]]

of this part shall be deemed a trespass against the United States, and 
the penalty provisions of 36 CFR part 1 are inapplicable to this part.



Sec. 9.17  Public inspection of documents.

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



Sec. 9.18  Surface use and patent restrictions.

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

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



                Subpart B--Non-Federal Oil and Gas Rights

    Authority: Act of August 25, 1916, 39 Stat. 535 (16 U.S.C. 1, et 
seq.); and the acts establishing the units of the National Park System, 
including but not limited to: Act of April 25, 1947, 61 Stat. 54 (16 
U.S.C. 241, et seq.); Act of July 2, 1958, 72 Stat. 285 (16 U.S.C. 410, 
et seq.); Act of October 27, 1972, 86 Stat. 1312 (16 U.S.C. 460dd, et 
seq.): Act of October 11, 1974, 88 Stat. 1256 (16 U.S.C. 698-698e); Act 
of October 11, 1974, 88 Stat. 1258 (16 U.S.C. 698f-698m); Act of 
December 27, 1974, 88 Stat. 1787 (16 U.S.C. 460ff et seq.).

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



Sec. 9.30  Purpose and scope.

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

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

[[Page 156]]

impacts, and because of qualitative differences in the nature of the 
operations, approval of a plan of operations covering one phase of 
operations does not guarantee later approval of a plan of operations 
covering a subsequent phase.

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



Sec. 9.31  Definitions.

    The terms used in this subpart shall have the following meanings:
    (a) Secretary. The Secretary of the Interior.
    (b) Director. The Director of the National Park Service or his 
designee.
    (c) Operations. All functions, work and activities within a unit in 
connection with exploration for and development of oil and gas 
resources, the right to which is not owned by the United States, 
including: gathering basic information required to comply with this 
subpart, prospecting, exploration, surveying, preproduction development 
and production; gathering, onsite storage, transport or processing of 
petroleum products; surveillance, inspection, monitoring, or maintenance 
of equipment; reclamation of the surface disturbed by such activities; 
and all activities and uses reasonably incident thereto performed within 
a unit, including construction or use of roads, pipelines, or other 
means of access or transportation on, across, or through federally owned 
or controlled lands and waters, regardless of whether such activities 
and uses take place on Federal, State or private lands.
    (d) Operator. A person conducting or proposing to conduct 
operations.
    (e) Person. Any individual, firm, partnership, corporation, 
association, or other entity.
    (f) Superintendent. The Superintendent, or his designee, of the unit 
of the National Park System containing lands subject to the rights 
covered by these regulations.
    (g) Commercial Vehicle. Any motorized equipment used in direct or 
indirect support of operations.
    (h) Unit. Any National Park System area.
    (i) Owner. The owner, or his legal representative, of the rights to 
oil and gas being exercised.
    (j) Designated Roads. Those existing roads determined by the 
Superintendent in accordance with 36 CFR 1.5 and Sec. 4.19 to be open 
for the use of the general public or for the exclusive use of an 
operator.
    (k) Oil. Any viscous combustible liquid hydrocarbon or solid 
hydrocarbon substance easily liquifiable on warming which occurs 
naturally in the earth, including drip gasoline or other natural 
condensates recovered from gas without resort to manufacturing process.
    (l) Gas. Any fluid, either combustible or noncombustible, which is 
produced in a natural state from the earth and which maintains a gaseous 
or rarefied state at ordinary temperature and pressure conditions.
    (m) Site. Those lands or waters on which operations are to be 
carried out.
    (n) Contaminating substances. Those substances, including but not 
limited to, salt water or any other injurious or toxic chemcial, waste 
oil or waste emulsified oil, basic sediment, mud with injurious or toxic 
additives, or injurious or toxic substances produced or used in the 
drilling, development, production, transportation, or on-site storage, 
refining, and processing of oil and gas.
    (o) Statement for Management. A National Park Service planning 
document used to guide short- and long-term management of a unit; to 
determine the nature and extent of planning required to meet the unit's 
management objectives; and, in the absence of more specific planning 
documents, to provide a general framework for directing park operations 
and communicating park objectives to the public.

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



Sec. 9.32  Access.

    (a) No access on, across or through lands or waters owned or 
controlled by the United States to a site for operations will be granted 
except for operations covered by Sec. 9.33 and, except as provided by 
Sec. 9.38, until the operator has filed a plan of operations pursuant to 
Sec. 9.36 and has had the plan of operations approved in accordance with

[[Page 157]]

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



Sec. 9.33  Existing operations.

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

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



Sec. 9.34  Transfers of interest.

    (a) Whenever an owner of rights being exercised under an approved 
plan of operations sells, assigns, bequeaths, or otherwise conveys all 
or any part of those rights, he, his agent, executor, or

[[Page 158]]

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



Sec. 9.35  Use of water.

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



Sec. 9.36  Plan of operations.

    (a) The proposed plan of operations shall include, as appropriate to 
the proposed operations, the following:
    (1) The names and legal addresses of the following persons: The 
operator, and the owner(s) or lessee(s) (if rights are State-owned) 
other than the operator;
    (2) Copy of the lease, deed, designation of operator, or assignment 
of rights upon which the operator's right to conduct operations is 
based;
    (3) A map or maps showing the location of the perimeter of the area 
where the operator has the right to conduct operations, as described in 
Sec. 9.36(a)(2), referenced to the State plane coordinate system or 
other public land survey as acceptable to the Superintendent;
    (4) A map or maps showing the location, as determined by a 
registered land surveyor or civil engineer, of a point within a site of 
operations showing its relationship to the perimeter of the area 
described in Sec. 9.36(a)(2) and to the perimeter of the site of 
operations; the location of existing and proposed access roads or routes 
to the site; the boundaries of proposed surface disturbance; the 
location of proposed drilling; location and description of all surface 
facilities including sumps, reserve pits and ponds; location of tank 
batteries, production facilities and gathering, service and transmission 
lines; wellsite layout; sources of construction materials such as fill; 
and the location of ancillary facilities such as camps, sanitary 
facilities, water supply and disposal facilities, and airstrips. The 
point within the site of operations identified by registered land 
surveyor or civil engineer shall be marked with a permanent ground 
monument acceptable to the Superintendent, shall contain the point's 
State plane coordinate values, and shall be placed at least to an 
accuracy of third order, class I, unless otherwise authorized by the 
Superintendent;
    (5) A description of the major equipment to be used in the 
operations, including a description of equipment and methods to be used 
for the transport of all waters used in or produced by operations, and 
of the proposed method of transporting such equipment to and from the 
site;
    (6) An estimated timetable for any phase of operations for which 
approval is sought and the anticipated date of operation completion;
    (7) The geologic name of the surface formation;
    (8) The proposed drilling depth, and the estimated tops of important 
geologic markers;

[[Page 159]]

    (9) The estimated depths at which anticipated water, brines, oil, 
gas, or other mineral bearing formations are expected to be encountered;
    (10) The nature and extent of the known deposit or reservoir to be 
produced and a description of the proposed operations, including:
    (i) The proposed casing program, including the size, grade, and 
weight of each string, and whether it is new or used;
    (ii) The proposed setting depth of each casing string, and the 
amount of type of cement, including additives, to be used;
    (iii) The operator's minimum specifications for pressure control 
equipment which is to be used, a schematic diagram thereof showing 
sizes, pressure ratings, and the testing procedures and testing 
frequency;
    (iv) The type and characteristics of the proposed circulating medium 
or mediums to be employed for rotary drilling and the quantities and 
types of mud and weighting material to be maintained;
    (v) The testing, logging, and coring programs to be followed;
    (vi) Anticipated abnormal pressures or temperatures expected to be 
encountered; or potential hazards to persons and the environment such as 
hydrogen sulfide gas or oil spills, along with plans for mitigation of 
such hazards;
    (11) A description of the steps to be taken to comply with the 
applicable operating standards of Sec. 9.41 of this subpart;
    (12) Provisions for reclamation which will result in compliance with 
the requirements of Sec. 9.39:
    (13) A breakdown of the estimated costs to be incurred during the 
implementation of the reclamation plan;
    (14) Methods for disposal of all rubbish and other solid and liquid 
wastes, and contaminating substances;
    (15) An affidavit stating that the operations planned are in 
compliance with all applicable Federal, State and local laws and 
regulations;
    (16) Background information, including:
    (i) A description of the natural, cultural, social and economic 
environments to be affected by operations, including a description and/
or map(s) of the location of all water, abandoned, temporarily 
abandoned, disposal, production, and drilling wells of public record 
within a two-mile radius of the proposed site. Where such information is 
available from documents identified in Sec. 9.36(d), specific reference 
to the document and the location within the document where such 
information can be found will be sufficient to satisfy this requirement;
    (ii) The anticipated direct and indirect effects of the operations 
on the unit's natural, cultural, social, and economic environment;
    (iii) Steps to be taken to insure minimum surface disturbance and to 
mitigate any adverse environmental effects, and a discussion of the 
impacts which cannot be mitigated;
    (iv) Measures to protect surface and subsurface waters by means of 
casing and cement, etc.;
    (v) All reasonable technologically feasible alternative methods of 
operations, their costs, and their environmental effects, and
    (vi) The effects of the steps to be taken to achieve reclamation;
    (17) Any other facets of the proposed operations which the operator 
wishes to point out for consideration; and
    (18) Any additional information that is required to enable the 
Superintendent to establish whether the operator has the right to 
conduct operations as specified in the plan of operations; to 
effectively analyze the effects that the operations will have on the 
preservation, management and public use of the unit; and to make a 
recommendation to the Regional Director regarding approval or 
disapproval of the plan of operations and the amount of the performance 
bond to be posted.
    (b) Where any information required to be submitted as part of a 
proposed plan of operations has been submitted to the Superintendent in 
substantially the same form in a prior approved plan of operations, a 
specific cross-reference to that information contained in the prior 
approved plan of operations will be sufficient to incorporate it into 
the proposed plan and will satisfy the applicable requirement of this 
section.
    (c) Information and materials submitted in compliance with this 
section

[[Page 160]]

will not constitute a plan of operations until information required by 
Sec. 9.36(a) (1) through (18), which the Superintendent determines as 
pertinent to the type of operations proposed, has been submitted to and 
determined adequate by the Regional Director.
    (d) In all cases the plan of operations must consider and discuss 
the unit's Statement for Management and other planning documents as 
furnished by the Superintendent, and activities to control, minimize or 
prevent damage to the recreational, biological, physical, scientific, 
cultural, and scenic resources of the unit, and any reclamation 
procedures suggested by the Superintendent.

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



Sec. 9.37  Plan of operations approval.

    (a) The Regional Director shall not approve a plan of operations:
    (1) Until the operator shows that the operations will be conducted 
in a manner which utilizes technologically feasible methods least 
damaging to the federally-owned or controlled lands, waters and 
resources of the unit while assuring the protection of public health and 
safety.
    (2) For operations at a site the surface estate of which is not 
owned by the Federal government, where operations would constitute a 
nuisance to Federal lands or waters in the vicinity of the operations, 
would significantly injure federally-owned or controlled lands and 
waters; or
    (3) For operations at a site the surface estate of which is owned or 
controlled by the Federal government, where operations would 
substantially interfere with management of the unit to ensure the 
preservation of its natural and ecological integrity in perpetuity, or 
would significantly injure the federally-owned or controlled lands or 
waters; Provided, however, That if the application of this standard 
would, under applicable law, constitute a taking of a property interest 
rather than an appropriate exercise of regulatory authority, the plan of 
operations may be approved if the operations would be conducted in 
accordance with paragraph (a)(1) of this section, unless a decision is 
made to acquire the mineral interest.
    (4) Where the plan of operations does not satisfy each of the 
requirements of Sec. 9.36 applicable to the operations proposed.
    (b) Within sixty (60) days of the receipt of a plan of operations, 
the Regional Director shall make an environmental analysis of such plan, 
and:
    (1) Notify the operator that the plan of operations has been 
approved or rejected, and, if rejected, the reasons for the rejection; 
or
    (2) Notify the operator that the plan of operations has been 
conditionally approved, subject to the operator's acceptance of specific 
provisions and stipulations; or
    (3) Notify the operator of any modification of the plan of 
operations which is necessary before such plan will be approved or of 
additional information needed to effectively analyze the effects that 
the operations will have on the preservation, management and use of the 
unit, and to make a decision regarding approval or disapproval of the 
plan of operations and the amount of the performance bond to be posted; 
or
    (4) Notify the operator that the plan of operations is being 
reviewed, but that more time, not to exceed an additional thirty days, 
is necessary to complete such review, and setting forth the reasons why 
additional time is required. Provided, however, That days during which 
the area of operations is inaccessible for such reasons as inclement 
weather, natural catastrophe, acts of God, etc., for inspection shall 
not be included when computing either this time period, or that in 
subsection (b) above; or
    (5) Notify the operator that the plan of operations has been 
reviewed, but cannot be considered for approval until forty-five (45) 
days after a final environmental statement has been prepared and filed 
with the Environmental Protection Agency; or
    (6) Notify the operator that the plan of operations is being 
reviewed, but that more time to provide opportunities for public 
participation in the plan of operations review and to provide sufficient 
time to analyze public comments received is necessary. Within thirty 
(30) days after closure of the

[[Page 161]]

public comment period specified by the Regional Director, he shall 
comply with Sec. 9.37(b) (1) through (5).
    (c) The Regional Director shall act as expeditiously as possible 
upon a proposed plan of operations consistent with the nature and scope 
of the operations proposed. Failure to act within the time limits 
specified in this section shall constitute a rejection of the plan of 
operations from which the operator shall have a right to appeal under 
Sec. 9.49.
    (d) The Regional Director's analysis shall include:
    (1) An examination of all information submitted by the operator;
    (2) An evaluation of measures and timing required to comply with 
reclamation requirements;
    (3) An evaluation of necessary conditions and amount of the bond or 
security deposit (See Sec. 9.48);
    (4) An evaluation of the need for any additional requirements in the 
plan;
    (5) A determination regarding the impact of this operation and 
cumulative impacts of all proposed and existing operations on the 
management of the unit; and
    (6) A determination whether implementation by the operator of an 
approved plan of operations would be a major Federal action 
significantly affecting the quality of the human environment or would be 
sufficiently controversial to warrant preparation of an environmental 
statement pursuant to section 102(2)(c) of the National Environmental 
Policy Act of 1969.
    (e) Prior to approval of a plan of operations, the Regional Director 
shall determine whether any properties included in, or eligible for 
inclusion in the National Register of Historic Places or National 
Registry of Natural Landmarks may be affected by the proposed 
operations. This determination will require the acquistion of adequate 
information, such as that resulting from field surveys, in order to 
properly determine the presence and significance of cultural resources 
within the areas to be affected by operations. Whenever National 
Register properties or properties eligible for inclusion in the National 
Register would be affected by operations, the Regional Director shall 
comply with section 106 of the Historic Preservations Act of 1966 as 
implemented by 36 CFR part 800.
    (f) Approval of each plan of operations is expressly conditioned 
upon the Superintendent having such reasonable access to the site as is 
necessary to properly monitor and insure compliance with the plan of 
operations.

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



Sec. 9.38  Temporary approval.

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

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

[[Page 162]]



Sec. 9.39  Reclamation requirements.

    (a) Within the time specified by the reclamation provisions of the 
plan of operations, which shall be as soon as possible after completion 
of approved operations and shall not be later than six (6) months 
thereafter unless a longer period of time is authorized in writing by 
the Regional Director, each operator shall initiate reclamation as 
follows:
    (1) Where the Federal government does not own the surface estate, 
the operator shall at a minimum:
    (i) Remove or neutralize any contaminating substances; and
    (ii) Rehabilitate the area of operations to a condition which would 
not constitute a nuisance or would not adversely affect, injure, or 
damage federally-owned lands or waters, including removal of above 
ground structures and equipment used for operations, except that such 
structures and equipment may remain where they are to be used for 
continuing operations which are the subject of another approved plan of 
operations or of a plan which has been submitted for approval.
    (2) On any site where the surface estate is owned or controlled by 
the Federal government, each operator must take steps to restore natural 
conditions and processes. These steps shall include but are not limited 
to:
    (i) Removing all above ground structures, equipment and roads used 
for operations, except that such structures, equipment and roads may 
remain where they are to be used for continuing operations which are the 
subject of another approved plan of operations or of a plan which has 
been submitted for approval, or unless otherwise authorized by the 
Regional Director consistent with the unit purpose and management 
objectives;
    (ii) Removing all other man-made debris resulting from operations;
    (iii) Removing or neutralizing any contaminating substances;
    (iv) Plugging and capping all nonproductive wells and filling dump 
holes, ditches, reserve pits and other excavations;
    (v) Grading to reasonably conform the contour of the area of 
operations to a contour similar to that which existed prior to the 
initiation of operations, where such grading will not jeopardize 
reclamation;
    (vi) Replacing the natural topsoil necessary for vegetative 
restoration; and
    (vii) Reestablishing native vegetative communities.
    (b) Reclamation under paragraph (a)(2) of this section is 
unacceptable unless it provides for the safe movement of native 
wildlife, the reestablishment of native vegetative communities, the 
normal flow of surface and reasonable flow of subsurface waters, and the 
return of the area to a condition which does not jeopardize visitor 
safety or public use of the unit.



Sec. 9.40  Supplementation or revision of plan of operations.

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



Sec. 9.41  Operating standards.

    The following standards shall apply to operations within a unit:
    (a) Surface operations shall at no time be conducted within 500 feet 
of the banks of perennial, intermittent or ephemeral watercourses; or 
within 500 feet of the high pool shoreline of natural or man-made 
impoundments; or within 500 feet of the mean high

[[Page 163]]

tideline; or within 500 feet of any structure or facility (excluding 
roads) used for unit interpretation, public recreation or for 
administration of the unit, unless specifically authorized by an 
approved plan of operations.
    (b) The operator shall protect all survey monuments, witness 
corners, reference monuments and bearing trees against destruction, 
obliteration, or damage from operations and shall be responsible for the 
reestablishment, restoration, or referencing of any monuments, corners 
and bearing trees which are destroyed, obliterated, or damaged by such 
operations.
    (c) Whenever drilling or producing operations are suspended for 24 
hours or more, but less than 30 days, the wells shall be shut in by 
closing wellhead valves or blowout prevention equipment. When producing 
operations are suspended for 30 days or more, a suitable plug or other 
fittings acceptable to the Superintendent shall be used to close the 
wells.
    (d) The operator shall mark each and every operating derrick or well 
in a conspicuous place with his name or the name of the owner, and the 
number and location of the well, and shall take all necessary means and 
precautions to preserve these markings.
    (e) Around existing or future installations, e.g., well, storage 
tanks, all high pressure facilities, fences shall be built for 
protection of unit visitors and wildlife, and protection of said 
facilities unless otherwise authorized by the Superintendent. Fences 
erected for protection of unit visitors and wildlife shall be of a 
design and material acceptable to the Superintendent, and where 
appropriate, shall have at least one gate which is of sufficient width 
to allow access by fire trucks. Hazards within visitor use areas will be 
clearly marked with warning signs acceptable to the Superintendent.
    (f) The operator shall carry on all operations and maintain the site 
at all times in a safe and workmanlike manner, having due regard for the 
preservation of the environment of the unit. The operator shall take 
reasonable steps to prevent and shall remove accumulations of oil or 
other materials deemed to be fire hazards from the vicinity of well 
locations and lease tanks, and shall remove from the property or store 
in an orderly manner all scrap or other materials not in use.
    (g) Operators will be held fully accountable for their contractor's 
or subcontractor's compliance with the requirements of the approved plan 
of operations.

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



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

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



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

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



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

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



Sec. 9.45  Handling of wastes.

    Oilfield brine, and all other waste and contaminating substances 
must be kept in the smallest practicable area, must be confined so as to 
prevent escape as a result of percolation, rain,

[[Page 164]]

high water or other causes, and such wastes must be stored and disposed 
of or removed from the area as quickly as practicable in such a manner 
as to prevent contamination, pollution, damage or injury to the lands, 
water (surface and subsurface), facilities, cultural resources, 
wildlife, and vegetation of or visitors of the unit.



Sec. 9.46  Accidents and fires.

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



Sec. 9.47  Cultural resource protection.

    (a) Where the surface estate of the site is owned by the United 
States, the operator shall not, without written authorization of the 
Superintendent, injure, alter, destroy, or collect any site, structure, 
object, or other value of historical, archeological, or other cultural 
scientific importance in violation of the Antiquities Act (16 U.S.C. 
431-433 (See 43 CFR part 3).
    (b) Once approved operations have commenced, the operator shall 
immediately bring to the attention of the Superintendent any cultural or 
scientific resource encountered that might be altered or destroyed by 
his operation and shall leave such discovery intact until told to 
proceed by the Superintendent. The Superintendent will evaluate the 
discoveries brought to his attention, and will determine within ten (10) 
working days what action will be taken with respect to such discoveries.



Sec. 9.48  Performance bond.

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

[[Page 165]]

for all operations conducted within the unit.
    (e) The operator's and his surety's responsibility and liability 
under the bond or security deposit shall continue until such time as the 
Superintendent determines that successful reclamation of the area of 
operations has occurred and, where a well has been drilled, the well has 
been properly plugged and abandoned. If all efforts to secure the 
operator's compliance with pertinent provisions of the approved plan of 
operations are unsuccessful, the operator's surety company will be 
required to perform reclamation in accordance with the approved plan of 
operations.
    (f) Within thirty (30) days after determining that all reclamation 
requirements of an approved plan of operations are completed, including 
proper abandonment of the well, the Regional Director shall notify the 
operator that the period of liability under the bond or security deposit 
has been terminated.

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



Sec. 9.49  Appeals.

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

[[Page 166]]

been made by the Regional Director, except that the original statement 
of appeal shall be filed with the Superintendent, and if he decides not 
to reverse his original decision, the Regional Director shall have, 
except as noted below, the final review authority. The only decision of 
a Regional Director under this paragraph which shall be appealable by 
the Director is an appeal from a suspension under Sec. 9.51(b). Such an 
appeal shall follow the procedure of paragraphs (a)-(3) of this section.

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



Sec. 9.50  Use of roads by commercial vehicles.

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



Sec. 9.51  Damages and penalties.

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

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



Sec. 9.52  Public inspection of documents.

    (a) When a Superintendent receives a request for permission for 
access on, across or through federally-owned or controlled lands or 
waters for the purpose of conducting operations, the Superintendent 
shall publish a notice of

[[Page 167]]

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

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

Subpart C [Reserved]



          Subpart D--Alaska Mineral Resource Assessment Program

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

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



Sec. 9.80  Purpose.

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



Sec. 9.81  Scope and applicability.

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



Sec. 9.82  Definitions.

    The terms used in this subpart shall have the following meaning:
    (a) AMRAP means the Alaska Mineral Resource Assessment Program 
authorized by section 1010 of the Alaska National Interest Lands 
Conservation Act of 1980 (ANILCA), 16 U.S.C. 3150.
    (b) AMRAP Activities means any project, method, technique or other 
activity incidental to mineral resource assessments conducted by 
authorized AMRAP agencies or their contractors in units of the National 
Park System in Alaska pursuant to section 1010 of ANILCA under an 
approved permit. AMRAP activities include access into, across, through, 
or over a unit of the National Park System for the conduct of those 
activities. Only mineral resource assessment methods or techniques that 
do not result in lasting impacts on park resources and values may be 
permitted as AMRAP activities. Mineral resource assessment techniques 
may include aerial photography; remote sensing; hand-sampling of 
geologic materials; hand-sampling or

[[Page 168]]

hand-augering methods for geochemical analyses; and geophysical 
techniques such as magnetic, electrical, electromagnetic, chemical, 
radioactive, and gravitational methods. Mineral resource assessment 
activities may be permitted as long as:
    (1) No explosives are used,
    (2) They are consistent with Sec. 9.86 of this subpart, and
    (3) They are consistent with the provisions of the Wilderness Act of 
1964 (16 U.S.C. 1131 et seq.) and National Park Service policies 
concerning wilderness management and the use of motorized equipment in 
wilderness areas.
    Core and test drilling, including exploratory drilling of oil and 
gas test wells, are explicitly prohibited as AMRAP activities in units 
of the National Park System.
    (c) AMRAP agencies means those agencies of the U.S. Department of 
the Interior that are authorized by the Secretary to perform mineral 
resource assessment activities pursuant to section 1010 of ANILCA.
    (d) Superintendent means the Superintendent, or his/her designee, of 
the unit of the National Park System in Alaska where AMRAP activities 
are conducted or proposed to be conducted.

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



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

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



Sec. 9.84  Application requirements.

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

[[Page 169]]

number of flights or number of vehicle trips;
    (9) A description of the field support requirements proposed for 
locations on lands within units of the National Park System, including 
camp sites, fuel storage areas, and any other requirements;
    (10) A discussion which documents that proposed activities will be 
carried out in an environmentally sound manner utilizing the least 
impacting technology suitable for the purposes of the project; and
    (11) A description of how any disturbed areas, such as camp sites, 
will be reclaimed.



Sec. 9.85  Environmental compliance.

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



Sec. 9.86  Application review process and approval standards.

    (a) The Regional Director will review applications submitted 
pursuant to Sec. 9.84 and will ensure that final action is taken on such 
applications by April 15 of each year. If additional review time is 
necessary to ensure compliance with this Subpart or with other 
applicable laws, Executive Orders and regulations, the Regional Director 
will promptly notify the AMRAP agency coordinator of the anticipated 
date of a final decision.
    (b) The Regional Director is responsible for approving AMRAP 
activities in units of the National Park System in Alaska.
    (c) To be approved, proposed AMRAP activities must be designed to be 
carried out in an environmentally sound manner, as determined in 
appropriate environmental documentation, that:
    (1) Does not result in lasting environmental impacts that 
appreciably alter the natural character of the units or the integrity of 
the biological or ecological systems in the units; and
    (2) Is compatible with the purposes and values for which the units 
are established; and
    (3) Does not adversely affect the natural and cultural resources, 
visitor use, or administration of the area.



Sec. 9.87  Permitting requirements and standards.

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



Sec. 9.88  Permit modification, suspension, and cancellation.

    (a) A proposal to modify, supplement, or otherwise amend an approved 
permit shall be made by an AMRAP agency by written request to the 
Regional Director. The Regional Director shall review and promptly act 
on the proposed modification pursuant to the standards set forth in 
Sec. 9.86. An AMRAP agency may not undertake any of the activities 
proposed in the modification until the Regional Director approves the

[[Page 170]]

modification and the Superintendent amends the approved permit.
    (b) The Superintendent may modify, suspend or cancel an AMRAP 
agency's permit by notifying the agency in writing, or orally in an 
emergency situation, when the Superintendent determines that:
    (1) Changes to the permit are necessary to address conditions not 
previously anticipated; or
    (2) There is imminent threat of serious, irreparable, or immediate 
harm or danger to public health and safety, or the natural and cultural 
resources and values of the unit; or
    (3) The AMRAP agency or its contractors fails to comply with the 
provisions of ANILCA or of any other applicable law or regulation, the 
provisions and conditions of the approved permit and any modification 
thereto, or any written or field orders issued by the Superintendent.
    (c) Modification, suspension, or cancellation of an approved permit 
pursuant to paragraph (b) of this section shall be effective immediately 
upon receipt of oral or written notice from the Regional Director or the 
Superintendent. Notices issued orally shall be followed by written 
notice sent by certified mail within three (3) working days confirming 
and explaining the action. Suspensions shall remain in effect until the 
basis for the suspension has been corrected to the satisfaction of the 
Superintendent. Cancellation notices shall state the reason for 
cancellation and shall be sent by the Superintendent to the AMRAP agency 
at least fourteen (14) days in advance of the date the cancellation will 
become effective.
    (d) Suspension or cancellation of a permit to conduct AMRAP 
activities shall not relieve the AMRAP agency or its contractors of the 
obligation to restore any location in accordance with the requirements 
of this subpart and to comply with all other obligations specified in 
this subpart and in the permit.



Sec. 9.89  Appeals.

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



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




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

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

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



Sec. 10.1  Animals available.

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



Sec. 10.2  Charges.

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



Sec. 10.3  Application; requirements.

    (a) Applications for animals should be directed to the appropriate 
superintendent, stating the kind, number, age, and sex of animals 
desired. The post office address for Yellowstone National Park is 
Yellowstone Park, Wyoming, and for Wind Cave National Park is Hot 
Springs, South Dakota.

[[Page 171]]

    (b) Applicants desiring animals which are to be held in enclosures 
must show that they have suitable facilities for the care of the 
animals. Operators of game farms or private preserves must submit 
evidence of their authority to engage in such operations.
    (c) When any animals are desired for liberation on private lands, 
the application must be accompanied by the written concurrence of the 
State agency having jurisdiction over wildlife. When any animals are 
desired for liberation on lands in the vicinity of lands owned or 
controlled by the Federal Government, the application must be 
accompanied by the written concurrence of the agency or agencies having 
jurisdiction over the Federally owned or controlled lands.
    (d) Applications will not be granted when the animals are to be 
slaughtered, or are to be released without adequate protection from 
premature hunting.



Sec. 10.4  Shipment.

    (a) Elk, buffaloes, and bears may be obtained at the Park and be 
removed by truck. Elk and buffaloes, when not transported by truck, must 
be crated individually for rail shipment in less than carload lots. 
Bears must be crated individually regardless of the number furnished or 
the character of the conveyance.
    (b) The receiver must furnish shipping crates constructed in 
accordance with National Park Service specifications.



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




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

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



Sec. 11.1  Definitions.

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

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



Sec. 11.2  Uses.

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

[36 FR 16508, Aug. 21, 1971]



Sec. 11.3  Power to revoke.

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

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

[[Page 172]]



Sec. 11.4  Penalties.

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

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



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




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

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

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



Sec. 12.1  Applicability and scope.

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



Sec. 12.2  Purpose of National Cemeteries.

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



Sec. 12.3  Definitions.

    The following definitions apply only to the regulations in this 
part:
    Burial section means a plot of land within a national cemetery 
specifically designated to receive casketed or cremated human remains.
    Close relative means a surviving spouse, parent, adult brother or 
sister, or adult child.
    Commemorative monument means a monument, tablet, structure, or other 
commemorative installation of permanent materials to honor more than one 
veteran.
    Demonstration means a demonstration, picketing, speechmaking, 
marching, holding a vigil or religious service or any other like form of 
conduct that involves the communication or expression of views or 
grievances, whether engaged in by one or more persons, that has the 
intent, effect or likelihood to attract a crowd or onlookers. This term 
does not include casual park use by persons that does not have an intent 
or likelihood to attract a crowd or onlookers.
    Eligible person means an individual authorized by Federal statute 
and VA Policy to be interred or memorialized in a national cemetery.
    Government headstone means a standard upright stone, provided by the 
Veterans Administration, of the same design currently in use in a 
national cemetery to identify the interred remains.
    Gravesite reservation means a written agreement executed between a 
person and the National Park Service to secure a gravesite prior to the 
death of an eligible person.
    Headstone means a permanent stone placed vertically on a grave to 
identify the interred remains.
    Historic enclosure means a permanent fence, wall, hedge, or other 
structure that surrounds the burial sections and defines the unique 
historic boundary of a national cemetery.
    Marker means a permanent device placed horizontally on a grave to 
identify the interred remains.
    Memorial headstone means a private or government headstone placed in 
a memorial section of a national cemetery with the words ``In Memory 
Of'' inscribed to honor a deceased eligible

[[Page 173]]

person whose remains could not be interred in the national cemetery.
    NPS Policy means the National Park Service's Guidelines for National 
Cemeteries, NPS-61.
    Private headstone means an upright stone provided by a person at no 
expense to the government and in lieu of a government headstone.
    Recreational activity means any form of athletics, sport or other 
leisure pursuit or event, whether organized or spontaneous, that is 
engaged in by one or more persons for the primary purpose of exercise, 
relaxation or enjoyment, including but not limited to the following: 
jogging, racing, skating, skateboarding, ball playing, kite flying, 
model airplane flying, throwing objects through the air, sunbathing, 
bicycling and picknicking. This term does not include walking, hiking or 
casual strolling.
    Special event means a sports event, pageant, celebration, historical 
reenactment, entertainment, exhibition, parade, fair, festival or 
similar activity that is not a demonstration, whether engaged in by one 
or more persons, that has the intent, effect or likelihood to attract a 
crowd or onlookers. This term does not include casual park use by 
persons that does not have an intent or likelihood to attract a crowd or 
onlookers.
    VA Policy means the current editions of the Veterans 
Administration's Manuals that pertain to the administration of the 
National Cemetery System.



Sec. 12.4  Special events and demonstrations.

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



Sec. 12.5  Interments.

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

[[Page 174]]

    (6) Expansion of a national cemetery outside the confines of its 
historic enclosure is prohibited.



Sec. 12.6  Disinterments and exhumations.

    (a) Interment of an eligible person's remains is considered 
permanent. Disinterment and removal of remains are allowed only for the 
most compelling of reasons and may be accomplished only under the 
supervision of the superintendent.
    (b) Except for a directed exhumation conducted pursuant to paragraph 
(f) of this section, a disinterment is allowed only pursuant to the 
terms and conditions of a permit issued by the superintendent.
    (c) A disinterment shall be accomplished at no cost to the National 
Park Service. The superintendent shall establish a fee designed to 
recover the costs associated with supervising and administering a 
disinterment, including the costs of opening and closing the grave and 
redressing any disturbed graves or headstones.
    (d) The next-of-kin is responsible for making all arrangements and 
incurring all financial obligations related to a disinterment. These 
arrangements and obligations include, but are not limited to the 
following:
    (1) Compliance with State and local health laws and regulations;
    (2) Engaging a funeral director;
    (3) Recasketing the remains;
    (4) Rehabilitation of the gravesite according to conditions 
established by the superintendent;
    (5) Providing the superintendent a notorized affidavit by each 
living close relative of the deceased and by the person who directed the 
initial interment, if living, and even though the legal relationship of 
such person to the decedent may have changed, granting permission for 
the disinterment; and
    (6) Providing the superintendent a sworn statement, by a person 
having first hand knowledge thereof, that those who supplied such 
affidavits comprise all the living close relatives of the decedent, 
including the person who directed the initial interment.
    (e) The following are prohibited:
    (1) Failure to obtain a permit required pursuant to this section;
    (2) Violation of a condition established by the superintendent or of 
a term or condition of a permit issued in accordance with this section; 
or
    (3) Failure to pay a fee prescribed by the superintendent in 
accordance with this section.
    (f) The directed exhumation of an eligible person's remains shall be 
accomplished upon receipt by the superintendent of an order issued by a 
State or Federal court of competent jurisdiction. The superintendent 
shall retain court orders and other pertinent documents in the national 
cemetery files as a permanent record of the action.
    (g) To the extent practicable, a directed exhumation shall be 
accomplished without expense to the National Park Service and without 
direct participation by national cemetery employees.
    (h) The superintendent shall coordinate a directed exhumation with 
the ordering court, assure compliance with all State and local laws and 
supervise disinterment activities on site.
    (i) If reinterment of exhumed remains is to be elsewhere, the 
superintendent may reassign the gravesite for use in connection with 
another interment.



Sec. 12.7  Headstones and markers.

    (a) Government headstones and markers authorized to be furnished at 
government expense are provided in accordance with NPS Policy and VA 
Policy.
    (b) The erection of a marker or monument at private expense to mark 
a grave in lieu of a government headstone or marker is allowed only in 
certain national cemetery sections in which private headstones and 
markers were authorized as of January 1, 1947, and only with the prior 
approval of the Director. The name of the person(s) responsible for the 
purchase and erection of the private headstone or marker may not appear 
on the headstone or marker or be identified elsewhere in the cemetery as 
the donor(s) of the private headstone or marker.
    (c) A person who requests authorization to erect a private headstone 
or marker shall provide the following information:

[[Page 175]]

    (1) A list of the names of each person to be inscribed upon the 
private headstone or marker;
    (2) The written approval of the next-of-kin and the person who 
directed the burial of each person whose name is to be inscribed; and
    (3) A scale plan depicting the details of design, materials, finish, 
carving, lettering and arrangement of the inscription and the foundation 
of the proposed private headstone or marker.
    (d) The Director's approval of a request is conditioned upon the 
applicant's granting to the National Park Service the substantive right 
to remove and dispose of the private headstone or marker if, after it is 
installed, the applicant fails to maintain the private headstone or 
marker in a condition specified by the Director.
    (e) When a private headstone or marker has been erected at a 
veteran's grave in a national cemetery, and the next-of-kin desires to 
inscribe thereon the name and appropriate data pertaining to an eligible 
family member of the deceased whose remains will not be interred, such 
inscription may be accomplished with the prior approval of the 
superintendent. Appropriate commemorative data may be inscribed when 
space permits. The words ``In Memoriam'' or ``In Memory Of'' are 
mandatory elements of such an inscription.
    (f) Except as may be authorized by the Director or by Federal 
statutory law for making a group burial, the erection of a mausoleum, an 
overground vault or a headstone or marker determined by the 
superintendent not to be in keeping with the historic character of the 
national cemetery is prohibited. An underground vault may be placed at 
the time of interment at no expense to the National Park Service.



Sec. 12.8  Memorial headstones and markers.

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



Sec. 12.9  Commemorative monuments.

    (a) Application. (1) A person requesting authorization to erect a 
commemorative monument shall submit such a request to the Director. The 
Director's approval should be obtained prior to fabrication of the 
commemorative marker since approval for installation is conditioned upon 
compliance with other specifications found in this section and all 
applicable provisions of this part.
    (2) An applicant for authorization to erect a commemorative monument 
shall include the following information in the application:
    (i) A list of the persons to be memorialized and the other data 
desired to be inscribed on the commemorative monument; and
    (ii) A scale plan depicting the details of the design, materials, 
finish, carving, lettering and the arrangement of the inscription 
proposed for the commemorative monument.
    (b) Specifications. (1) The Director may only authorize a 
commemorative monument that conforms to the type, size, materials, 
design, and specifications prescribed for the historic design of the 
individual cemetery section in which it is proposed for installation.
    (2) The Director may not approve a commemorative monument that bears 
an inscription that includes the name of the person(s) responsible for 
its purchase or installation.
    (c) Expense. A commemorative monument approved by the Director may 
be installed only under the conditions

[[Page 176]]

that there be no expense or liability incurred by the National Park 
Service in connection with its purchase, fabrication, transportation, 
delivery and erection.
    (d) Title to a commemorative monument vests in the National Park 
Service upon its acceptance by an official representative of the 
Director.



Sec. 12.10  Floral and commemorative tributes.

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



Sec. 12.11  Recreational activities.

    Engaging in a recreational activity is prohibited.



Sec. 12.12  Information collection.

    The information collection requirements contained in Secs. 12.6, 
12.7, 12.8 and 12.9 have been approved by the Office of Management and 
Budget under 44 U.S.C. 3501 et seq., and assigned clearance number 1024-
0026. The information is being collected to obtain information necessary 
to issue permits and will be used to grant administrative benefits. The 
obligation to respond is required in order to obtain a benefit.



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




                  Subpart A--Public Use and Recreation

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

                         Subpart B--Subsistence

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

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

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

             Subpart D--Special Visitor Services Regulations

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

    Authority: 16 U.S.C. 1, 3, 462(k), 3101 et seq.; Sec. 13.65 also 
issued under 16 U.S.C. 1a-2(h), 20, 1361, 1531, 3197; Pub. L. 105-277, 
112

[[Page 177]]

Stat. 2681, October 21, 1998; Pub. L. 106-31, 113 Stat. 57, May 21, 
1999.

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



                  Subpart A--Public Use and Recreation



Sec. 13.1  Definitions.

    The following definitions shall apply to all regulations contained 
in this part:
    (a) The term adequate and feasible access means a reasonable method 
and route of pedestrian or vehicular transportation which is 
economically practicable for achieving the use or development desired by 
the applicant on his/her non-Federal land or occupancy interest, but 
does not necessarily mean the least costly alternative.
    (b) The term aircraft means a machine or device that is used or 
intended to be used to carry persons or objects in flight through the 
air, including, but not limited to airplanes, helicopters and gliders.
    (c) The term ANILCA means the Alaska National Interest Lands 
Conservation Act (94 Stat. 2371; Pub. L. 96-487 (December 2, 1980)).
    (d) The term carry means to wear, bear or carry on or about the 
person and additionally, in the case of firearms, within or upon a 
device or animal used for transportation.
    (e) The term downed aircraft means an aircraft that as a result of 
mechanical failure or accident cannot take off.
    (f) The term firearm means any loaded or unloaded pistol, revolver, 
rifle, shotgun or other weapon which will or is designated to or may 
readily be converted to expel a projectile by the action of expanded 
gases, except that it does not include a pistol or rifle powered by 
compressed gas. The term ``firearm'' also includes irritant gas devices.
    (g) The term fish and wildlife means any member of the animal 
kingdom, including without limitation any mammal, fish, bird (including 
any migratory, nonmigratory or endangered bird for which protection is 
also afforded by treaty or other international agreement), amphibian, 
reptile, mollusk, crustacean, arthropod, or other invertebrate, and 
includes any part, produce, egg, or offspring thereof, or the dead body 
or part thereof.
    (h) The term fossil means any remains, impression, or trace of any 
animal or plant of past geological ages that has been preserved, by 
natural processes, in the earth's crust.
    (i) The term gemstone means a silica or igneous mineral including, 
but not limited to (1) geodes, (2) petrified wood, and (3) jade, agate, 
opal, garnet, or other mineral that when cut and polished is customarily 
used as jewelry or other ornament.
    (j) The term motorboat refers to a motorized vessel other than a 
personal watercraft.
    (k) The term National Preserve shall include the following areas of 
the National Park System:

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

    (l) The term net means a seine, weir, net wire, fish trap, or other 
implement designed to entrap fish, except a landing net.
    (m) The term off-road vehicle means any motor vehicle designed for 
or capable of crosscountry travel on or immediately over land, water, 
sand, snow, ice, marsh, wetland or other natural terrain, except 
snowmachines or snowmobiles as defined in this chapter.
    (n) The term park areas means lands and waters administered by the 
National Park Service within the State of Alaska.
    (o) The term person means any individual, firm, corporation, 
society, association, partnership, or any private or public body.
    (p) The term possession means exercising dominion or control, with 
or without ownership, over weapons, traps, nets or other property.
    (q) The term public lands means lands situated in Alaska which are 
federally owned lands, except--
    (1) Land selections of the State of Alaska which have been 
tentatively approved or validly selected under the Alaska Statehood Act 
(72 Stat. 339) and

[[Page 178]]

lands which have been confirmed to, validly selected by, or granted to 
the Territory of Alaska or the State under any other provision of 
Federal law;
    (2) Land selections of a Native Corporation made under the Alaska 
Native Claims Settlement Act (85 Stat. 688) which have not been conveyed 
to a Native Corporation, unless any such selection is determined to be 
invalid or is relinquished; and
    (3) Lands referred to in section 19(b) of the Alaska Native Claims 
Settlement Act.
    (r) The term snowmachine or snowmobile means a self-propelled 
vehicle intended for off-road travel primarily on snow having a curb 
weight of not more than 1,000 pounds (450 kg), driven by a track or 
tracks in contact with the snow and steered by a ski or skis on contact 
with the snow.
    (s) The term take or taking as used with respect to fish and 
wildlife, means to pursue, hunt, shoot, trap, net, capture, collect, 
kill, harm, or attempt to engage in any such conduct.
    (t) The term temporary means a continuous period of time not to 
exceed 12 months, except as specifically provided otherwise.
    (u) The term trap means a snare, trap, mesh, or other implement 
designed to entrap animals other than fish.
    (v) The term unload means there is no unexpended shell or cartridge 
in the chamber or magazine of a firearm; bows, crossbows and spearguns 
are stored in such a manner as to prevent their ready use; muzzle-
loading weapons do not contain a powder charge; and any other implement 
capable of discharging a missile into the air or under the water does 
not contain a missile or similar device within the loading or 
discharging mechanism.
    (w) The term weapon means a firearm, compressed gas or spring 
powered pistol or rifle, bow and arrow, crossbow, blow gun, speargun, 
hand thrown spear, slingshot, explosive device, or any other implement 
designed to discharge missiles into the air or under the water.

[46 FR 31854, June 17, 1981, as amended at 62 FR 30234, June 3, 1997; 65 
FR 15090, Mar. 21, 2000]



Sec. 13.2  Applicability and scope.

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

[46 FR 31854, June 17, 1981, as amended at 61 FR 35137, July 5, 1996; 61 
FR 54339, Oct. 18, 1996; 65 FR 37878, June 19, 2000]

[[Page 179]]



Sec. 13.3  [Reserved]



Sec. 13.4  Information collection.

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



Secs. 13.10-13.16  [Reserved]



Sec. 13.17  Cabins and other structures.

    (a) Purpose and policy. The policy of the National Park Service is 
to manage the use, occupancy and disposition of cabins and other 
structures in park areas in accordance with the language and intent of 
ANILCA, the National Park Service Organic Act (16 U.S.C. 1 et seq.) and 
other applicable law. Except as Congress has directly and specifically 
provided to the contrary, the use, occupancy and disposition of cabins 
and other structures in park areas shall be managed in a manner that is 
compatible with the values and purposes for which the National Park 
System and these park areas have been established. In accordance with 
this policy, this section governs the following authorized uses of 
cabins and other structures in park areas:
    (1) Use and/or occupancy pursuant to a valid existing lease or 
permit;
    (2) Use and occupancy of a cabin not under valid existing lease or 
permit;
    (3) Use for authorized commercial fishing activities;
    (4) Use of cabins for subsistence purposes;
    (5) General public use cabins;
    (6) Cabins in wilderness areas;
    (7) Use of temporary facilities related to the taking of fish and 
wildlife; and
    (8) New cabins and other structures otherwise authorized by law.
    (b) Applicability. Unless otherwise specified, this section applies 
to all park areas in Alaska except Klondike Gold Rush National 
Historical Park and Sitka National Historical Park.
    (c) Definitions. The following definitions apply to this section:
    ``Cabin'' means a small, usually one-story dwelling of simple 
construction, completely enclosed, with a roof and walls which may have 
windows and door(s).
    ``Claimant'' means a person who has occupied and used a cabin or 
other structure as a primary, permanent residence for a substantial 
portion of the time, and who, when absent, has the intention of 
returning to it as his/her primary, permanent residence. Factors 
demonstrating a person's primary, permanent residence include, but are 
not limited to documentary evidence, e.g. the permanent address 
indicated on licenses issued by the State of Alaska and tax returns and 
the location where the person is registered to vote.
    ``Immediate family member'' means a claimant's spouse, or a 
grandparent, parent, brother, sister, child or adopted child of a 
claimant or of the claimant's spouse.
    ``Possessory interest'' means the partial or total ownership of a 
cabin or structure.
    ``Right of occupancy'' means a valid claim to use or reside in a 
cabin or other structure.
    ``Shelter'' means a structure designed to provide temporary relief 
from the elements and is characterized as a lean-to having one side 
open.
    ``Substantial portion of the time'' means at least 50 percent of the 
time since beginning occupancy and at least 4 (four) consecutive months 
of continuous occupancy in every calendar year after 1986.
    ``Temporary campsite'' means a natural, undeveloped area suitable 
for the purpose of overnight occupancy without modification.
    ``Temporary facility'' means a structure or other manmade 
improvement that can be readily and completely dismantled and/or removed 
from the site when the authorized use terminates. The term does not 
include a cabin.
    ``Tent platform'' means a structure, usually made of manufactured 
timber products, constructed to provide a solid, level floor for a tent, 
with or

[[Page 180]]

without partial walls not exceeding three feet in height above the 
floor, and having only the tent fabric, the ridge pole and its support 
poles extending higher than three feet above the floor.
    (d) Administration--(1) Permit application procedures. Except as 
otherwise specified in this section, the procedures set forth in 
Sec. 13.31(a) of this chapter govern application for any permit 
authorized pursuant to this section.
    (2) Notice and comment on proposed permit. Before a permit for the 
use and occupancy of a cabin or other structure is issued pursuant to 
this section, the Superintendent shall publish notice of the proposed 
issuance in the local media and provide a public comment period of at 
least sixty days, subject to the following exceptions: Prior notice and 
comment are not required for a permit authorizing use and occupancy for 
14 days or less of a public use cabin or use and occupancy of a 
temporary facility for the taking of fish or wildlife for sport or 
subsistence purposes.
    (3) Permit revocation. (i) The superintendent may revoke a permit or 
lease issued pursuant to this section when the superintendent determines 
that the use under the permit or lease is causing or may cause 
significant detriment to the principal purposes for which the park area 
was established. Provided, however, that if a permittee submits a 
written request for a hearing concerning the revocation, based on the 
cause listed above, of a permit or lease issued pursuant to paragraph 
(e)(1), (e)(2), (e)(4) or (e)(8) of this section, the matter shall be 
assigned to an administrative law judge who, after notice and hearing 
and based on substantial evidence in the administrative record as a 
whole, shall render a recommended decision for the superintendent's 
review. The superintendent shall then accept, reject or modify the 
administrative law judge's recommended decision in whole or in part and 
issue a final decision in writing.
    (ii) The superintendent may revoke or modify any permit or lease 
issued pursuant to this section when the permittee violates a term of 
the permit or lease.
    (4) Appeal procedures. The procedures set forth in Sec. 13.31(b) of 
this chapter govern appeals of a permit denial, a denial of a permit 
renewal, a permit revocation and a superintendent's final decision on a 
permit revocation issued pursuant to paragraph (d)(3)(i) of this 
section.
    (5) Permittee's interest. (i) A permittee shall not accrue a 
compensable interest in a cabin or other structure in a park area unless 
specifically authorized by Federal statutory law.
    (ii) A cabin or other structure in a park area may not be sold, 
bartered, exchanged, assigned or included as a portion of any sale or 
exchange of other property by a permittee unless specifically authorized 
by Federal statutory law.
    (iii) The Superintendent shall determine the extent and nature of a 
permittee's possessory interest at the time a permit is issued or 
denied.
    (6) Cabin Site Compatibility. The Superintendent shall establish 
permit conditions that require a permittee--
    (i) When constructing, maintaining or repairing a cabin or other 
structure authorized under this section, to use materials and methods 
that blend with and are compatible with the immediate and surrounding 
landscape; and
    (ii) When terminating an activity that involves a structure 
authorized under this section, to dismantle and remove the structure and 
all personal property from the park area within a reasonable period of 
time and in a manner consistent with the protection of the park area.
    (7) Access. (i) A permittee under this section who holds a permit 
for use and occupancy of a cabin or other structure located on public 
lands in a park area, not under valid existing lease or permit in effect 
on December 2, 1980, does not have a ``valid property or occupancy 
interest'' for purposes of ANILCA section 1110(b) and its implementing 
regulations.
    (ii) When issuing a permit under this section, the Superintendent 
shall provide for reasonable access which is appropriate and consistent 
with the values and purposes for which the park area was established.
    (iii) All impacts of the access to a cabin or other structure are 
deemed to be a part of, and shall be considered in any evaluation of, 
the effects of a use

[[Page 181]]

authorized by a permit issued under this section.
    (8) Abandonment. (i) An existing cabin or other structure not under 
valid lease or permit, and its contents, are abandoned:
    (A) When no permit application has been received for its use and 
occupancy before October 20, 1987, one year after the effective date of 
this section; or
    (B) One year after a permit application for its use and occupancy 
has been denied or a permit for its use and occupancy has been revoked, 
denied or has expired.
    (ii) A claimant or applicant whose application for a permit has been 
denied or whose permit has expired may remove all or a portion of a 
cabin or other structure and its contents from a park area, to the 
extent of his or her possessory interest and under conditions 
established by the Superintendent, until the date the cabin or structure 
is considered abandoned.
    (iii) The contents of a cabin or other structure are considered 
abandoned when the cabin or other structure is considered abandoned.
    (iv) A person whose permit for the use and occupancy of a cabin or 
other structure is revoked may remove his or her personal property from 
a park area under conditions established by the Superintendent until one 
year after the date of the permit's revocation.
    (v) The Superintendent shall dispose of abandoned property in 
accordance with Secs. 2.22 and 13.22 of this chapter. No property shall 
be removed from a cabin until such property has been declared abandoned 
or determined to constitute a direct threat to the safety of park 
visitors or area resources.
    (9) Emergency use. During an emergency involving the safety of human 
life, a person may use any cabin designated by the Superintendent for 
official government business, general public use or shared subsistence 
use. The person shall report such use to the Superintendent as soon as 
is practicable.
    (e) Authorized cabin use and occupancy. Use or occupancy of a cabin 
or structure in a park area is prohibited, except pursuant to the terms 
of a permit issued by the Superintendent under this section or as 
otherwise authorized by provisions of this chapter.
    (1) Use and/or occupancy pursuant to a valid existing lease or 
permit. A person who holds a valid lease or permit in effect on December 
2, 1980, for a cabin, homesite or similar structure not subject to the 
provisions of paragraph (e)(2) of this section, on Federal lands in a 
park area, may continue the use authorized by that lease or permit, 
subject to the following conditions:
    (i) Renewal. The Superintendent shall renew a valid lease or permit 
upon its expiration in accordance with the provisions of the original 
lease or permit, subject to any modifications or new conditions that the 
Superintendent finds necessary for the protection of the values and 
purposes of the park area.
    (ii) Denial of renewal. The Superintendent may deny the renewal or 
continuation of a valid lease or permit only after issuing specific 
findings, following notice and an opportunity for the leaseholder or 
permittee to respond, that renewal or continuation constitutes a direct 
threat to, or a significant impairment of, the purposes for which the 
park area was established.
    (iii) Transfer. Subject to any prohibitions or restrictions that 
apply to transfer in the existing lease or permit, the Superintendent 
may transfer a valid existing lease or permit to another person at the 
election or death of the original permittee or leaseholder, only if the 
Superintendent determines that:
    (A) The continued use is appropriate and compatible with the values 
and purposes of the park area;
    (B) The continued use is non-recreational in nature;
    (C) There is no demonstrated overriding need for public use; and
    (D) The continued use and occupancy will not adversely impact soils, 
vegetation, water or wildlife resources.
    (2) Use and occupancy of a cabin not under valid existing lease or 
permit as of December 1, 1978. (i) A cabin or other residential 
structure in existence and occupied by a claimant, both prior to 
December 18, 1973, with the claimant's occupancy continuing for a 
substantial portion of the time, may continue to be used and occupied by 
the claimant pursuant to a renewable, nontransferable

[[Page 182]]

five-year permit. Upon the request of the claimant or a successor who is 
an immediate family member and residing in the cabin or structure, the 
Superintendent shall renew this permit every five years until the death 
of the last immediate family member of the claimant who was residing 
with the claimant in the structure under permit at the time of issuance 
of the original permit.
    (ii) A cabin or other residential structure in existence prior to 
December 1, 1978, with occupancy commenced by a claimant between 
December 18, 1973 and December 1, 1978, which a claimant has continued 
to occupy or use for a substantial portion of the time, may continue to 
be used and occupied by the claimant pursuant to a non-transferable 
permit. The Superintendent may issue and extend such permit for a term 
not to exceed December 1, 1999 for such reasons as are deemed by the 
Superintendent to be equitable and just. The Superintendent shall review 
the permit at least every two years and modify the permit as necessary 
to protect park resources and values.
    (iii) Permit application. In order to obtain, renew or extend a 
permit, a claimant shall submit a written application. In the case of an 
application to renew or extend a permit issued pursuant to this 
paragraph, if no circumstance relating to the permittee's occupancy and 
use of the cabin or structure has changed in the interim, applicable 
material submitted by the permittee to satisfy the original application 
requirements is considered sufficient and need not be resubmitted. The 
following information is required to be included in a permit 
application:
    (A) Reasonable proof of possessory interest or right of occupancy in 
the cabin or structure, demonstrated by affidavit, bill of sale, or 
other documentation. In order for a claimant to qualify for a permit 
described in paragraph (e)(2)(i) of this section, the claimant's 
possessory interest or right of occupancy must have been acquired prior 
to December 18, 1973. In order for a claimant to qualify for a permit 
described in paragraph (e)(2)(ii) of this section, the claimant's 
possessory interest or right of occupancy must have been acquired prior 
to December 1, 1978;
    (B) A sketch or photograph that accurately depicts the cabin or 
structure;
    (C) A map that shows the geographic location of the cabin or 
structure;
    (D) The claimant's agreement to vacate and remove all personal 
property from the cabin or structure upon expiration of the permit;
    (E) The claimant's acknowledgement that he or she has no legal 
interest in the real property on which the cabin or structure is 
located;
    (F) Reasonable proof that the claimant has lived in the cabin or 
structure during a substantial portion of the time and continues to use 
the cabin or other structure as a primary, permanent residence; and
    (G) A list of all immediate family members residing with the 
claimant within the cabin or structure for which the application is 
being submitted. Such list need only include those immediate family 
members who will be eligible to continue to use and occupy the cabin or 
other structure upon the death or departure of the original claimant.
    (iv) Permit application deadline. The deadline for receipt of a 
permit application for the occupancy and use of an existing cabin or 
other structure described in paragraph (e)(2)(i) or (ii) of this section 
is October 20, 1987, one year after the effective date of this section. 
The Superintendent may extend this deadline for a reasonable period of 
time only when a permit applicant demonstrates that extraordinary 
circumstances prevented timely application.
    (3) Use for authorized commercial fishing activities. The use of a 
campsite, cabin or other structure in conjunction with commercial 
fishing activities authorized by section 205 of ANILCA in Cape 
Krusenstern National Monument, the Malaspina Glacier Forelands area of 
Wrangell-Saint Elias National Preserve, and the Dry Bay area of Glacier 
Bay National Preserve is authorized pursuant to the provisions of 
Sec. 13.21(c) of this chapter and the terms of a permit issued by the 
Superintendent.
    (4) Use of cabins for subsistence purposes. (i) A local rural 
resident who is an eligible subsistence user may use an

[[Page 183]]

existing cabin or other structure or temporary facility or construct a 
new cabin or other structure, including temporary facilities, in a 
portion of a park area where subsistence use is allowed, pursuant to the 
applicable provisions of subparts B and C of this part and the terms of 
a permit issued by the Superintendent. However, the Superintendent may 
designate existing cabins or other structures that may be shared by 
local rural residents for authorized subsistence uses without a permit.
    (ii) For purposes of paragraph (e)(4) of this section, the term 
``local rural resident'', with respect to national parks, monuments, and 
preserves is defined in Sec. 13.42 of this chapter.
    (iii) Permit application. In order to obtain or renew a permit, a 
person shall submit an application. In the case of an application to 
renew a permit issued pursuant to this paragraph, if no circumstance 
relating to the permittee's occupancy and use of the cabin or structure 
has changed in the interim, applicable material submitted by the 
permittee to satisfy the original application requirements is considered 
sufficient and need not be resubmitted. The following information is 
required to be included in a permit application:
    (A) An explanation of the applicant's need for the cabin or 
structure;
    (B) A description of an applicant's past, present and anticipated 
future subsistence uses relevant to his or her need for the cabin or 
structure;
    (C) A blueprint, sketch or photograph of the cabin or structure;
    (D) A map that shows the geographic location of the cabin or 
structure; and
    (E) A description of the types of occupancy and schedule for use of 
the cabin or structure.
    All information may be provided orally except the cabin blueprint, 
sketch or photograph and the map.
    (iv) Permit issuance. (A) In making a decision on a permit 
application, the Superintendent shall consider whether the use by local 
rural residents of a cabin or other structure for subsistence purposes 
is customary and traditional in that park area and shall determine 
whether the use and occupancy of a new or existing cabin or structure is 
``necessary to reasonably accommodate'' the applicant's subsistence 
uses. In making this determination, the Superintendent shall examine the 
applicant's particular circumstances, including but not limited to his 
or her past patterns of subsistence uses and his or her future 
subsistence use plans, reasonable subsistence use alternatives, the 
specific nature of the subsistence uses to be accommodated by the cabin 
or structure, the impacts of the cabin or structure on other local rural 
residents who depend on subsistence uses and the impacts of the proposed 
structure and activities on the values and purposes for which the park 
area was established.
    (B) The Superintendent may permit the construction of a new cabin or 
other new structure for subsistence purposes only if a tent or other 
temporary facility would not adequately and reasonably accommodate the 
applicant's subsistence uses without significant hardship and the use of 
no other type of cabin or other structure provided for in this section 
can adequately and reasonably accommodate the applicant's subsistence 
uses with a lesser impact on the values and purposes for which the park 
area was established.
    (v) Permit terms. The Superintendent shall, among other conditions, 
establish terms of a permit that:
    (A) Allow for use and occupancy during the harvest or gathering of 
subsistence resources, at such times as may be reasonably necessary to 
prepare for a harvest season (e.g., opening or closing a cabin or 
structure at the beginning or end of a period of use), and at other 
times reasonably necessary to accommodate the permittee's specified 
subsistence uses;
    (B) Prohibit residential use in conjunction with subsistence 
activities; and
    (C) Limit the term of a permit to a period of five years or less.
    (vi) Temporary facilities. A temporary facility or structure 
directly and necessarily related to the taking of subsistence resources 
may be constructed and used by a qualified subsistence user without a 
permit so long as such use is for less than thirty days and the site is 
returned to a natural condition.

[[Page 184]]

The Superintendent may establish conditions and standards governing the 
use or construction of these temporary structures and facilities which 
shall be published annually in accordance with Sec. 1.7 of this chapter.
    (vii) Shared use. In any permit authorizing the construction of a 
cabin or other structure necessary to reasonably accommodate authorized 
subsistence uses, the Superintendent shall provide for shared use of the 
facility by the permittee and other local rural residents rather than 
for exclusive use by the permittee.
    (5) General public use cabins. (i) The Superintendent may designate 
a cabin or other structure located outside of designated wilderness 
areas and not otherwise under permit under this section (or under permit 
for only a portion of the year) as a public use cabin. Such designated 
public use cabins are intended for short term recreational use and 
occupancy only.
    (ii) The Superintendent may establish conditions and develop an 
allocation system in order to manage the use of designated public use 
cabins.
    (iii) The Superintendent shall mark all public use cabins with a 
sign and shall maintain a map showing their locations.
    (6) Cabins in wilderness areas. The use and occupancy of a cabin or 
other structure located in a designated wilderness area are subject to 
the other applicable provisions of this section, and the following 
conditions:
    (i) A previously existing public use cabin located within wilderness 
designated by ANILCA may be allowed to remain and may be maintained or 
replaced subject to such restrictions as the Superintendent finds 
necessary to preserve the wilderness character of the area. As used in 
this paragraph, the term ``previously existing public use cabin'' means 
a cabin or other structure which, on November 30, 1978, was recognized 
and managed by a Federal land managing agency as a structure available 
for general public use.
    (ii) Within a wilderness area designated by ANILCA, a new public use 
cabin or shelter may be constructed, maintained and used only if 
necessary for the protection of the public health and safety.
    (iii) A cabin or other structure located in a designated wilderness 
area may not be designated, assigned or used for commercial purposes, 
except that designated public use cabins may be used in conjunction with 
commercial guided visitor services, but not to the exclusion of the 
general public.
    (7) Use of temporary facilities related to the taking of fish and 
wildlife. (i) In a national preserve where the taking of fish and 
wildlife is permitted, the construction, maintenance or use of a 
temporary campsite, tent platform, shelter or other temporary facility 
or equipment directly and necessarily related to such activities is 
prohibited except pursuant to the terms of a permit issued by the 
Superintendent. This requirement applies only to a temporary facility 
that will remain in place for a period longer than 14 days.
    (ii) Permit application. In order to obtain or renew a permit, a 
person shall submit an application. In the case of an application to 
renew a permit issued pursuant to this paragraph, if no circumstance 
relating to the permittee's occupancy and use of the structure has 
changed in the interim, applicable material submitted by the permittee 
to satisfy the original application requirements is considered 
sufficient and need not be resubmitted. The following information is 
required to be included in a permit application:
    (A) An explanation of the applicant's need for the temporary 
facility, including a description of the applicant's hunting and fishing 
activities relevant to his or her need for the facility;
    (B) A diagram, sketch or photograph of the temporary facility;
    (C) A map that shows the geographic location of the temporary 
facility; and
    (D) A description of both the past use (if any) and the desired use 
of the temporary facility, including a schedule for its projected use 
and removal. All information may be provided orally except the diagram, 
sketch or photograph of the facility and the map.
    (iii) Permit issuance. (A) In making a decision on a permit 
application, the Superintendent shall determine whether a temporary 
facility is ``directly and necessarily related to'' the applicant's

[[Page 185]]

legitimate hunting and fishing activities by examining the applicant's 
particular circumstances, including, but not limited to his or her 
reasonable need for a temporary facility and any reasonable alternatives 
available that are consistent with the applicant's needs. The 
Superintendent shall also consider whether the proposed use would 
constitute an expansion of existing facilities or use and would be 
detrimental to the purposes for which the national preserve was 
established. If the Superintendent finds that the proposed use would 
either constitute an expansion above existing levels or be detrimental 
to the purposes of the preserve, he/she shall deny the permit. The 
Superintendent may authorize the replacement or relocation within the 
national preserve of an existing temporary facility or structure.
    (B) The Superintendent shall deny an application for a proposed use 
that would exceed a ceiling or allocation established pursuant to the 
national preserve's General Management Plan.
    (iv) Permit terms. The Superintendent shall allow for use and 
occupancy of a temporary facility only to the extent that such facility 
is directly and necessarily related to the permittee's hunting and 
fishing activities, and shall provide that the temporary facility be 
used and maintained in a manner consistent with the protection of the 
values and purposes of the park area in which it is located. The 
Superintendent may also establish permit terms that:
    (A) Limit use to a specified period, not to exceed the applicable 
hunting or fishing season and such additional brief periods necessary to 
maintain the facility before and after the season;
    (B) Require the permittee to remove a temporary facility and all 
associated personal property from the park area upon termination of the 
permittee's hunting and fishing activities and related use of the 
facility or on a specific date;
    (C) Require reasonable seasonal relocation of a temporary facility 
in order to protect the values and purposes for which the park area was 
established;
    (D) Require that a temporary facility be used on a shared basis and 
not exclusively by the permittee; and
    (E) Limit the overall term of a permit to a reasonable period of 
time, not to exceed one year.
    (8) New cabins and other structures otherwise authorized by law. The 
Superintendent may issue a permit for the construction, temporary use, 
occupancy, and maintenance of a cabin or other structure which is 
authorized by law but not governed by any other paragraph in this 
section.

[51 FR 33484, Sept. 19, 1986]



Sec. 13.18  Camping and picnicking.

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



Sec. 13.19  Weapons, traps and nets.

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

[[Page 186]]

are authorized to engage in subsistence uses, including the taking of 
wildlife pursuant to Sec. 13.48, may use, possess, or carry traps, nets 
and other weapons in accordance with applicable State and Federal laws.



Sec. 13.20  Preservation of natural features.

    (a) This section applies to all park areas in Alaska except Klondike 
Gold Rush National Historical Park, Sitka National Historical Park, the 
former Mt. McKinley National Park, Glacier Bay National Monument, and 
Katmai National Monument.
    (b) Renewable Resources. The gathering or collecting, by hand and 
for personal use only, of the following renewable resources is 
permitted:
    (1) Natural plant food items, including fruits, berries and 
mushrooms, but not including threatened or endangered species;
    (2) Driftwood and uninhabited seashells;
    (3) Such plant materials and minerals as are essential to the 
conduct of traditional ceremonies by Native Americans; and
    (4) Dead or downed wood for use in fires within park areas.
    (c) Rocks and Minerals. Surface collection, by hand (including hand-
held gold pans) and for personal recreational use only, of rocks and 
minerals is permitted: Provided, however, That (1) collection of silver, 
platinum, gemstones and fossils is prohibited, and (2) collection 
methods which may result in disturbance of the ground surface, such as 
the use of shovels, pickaxes, sluice boxes, and dredges, are prohibited.
    (d) Closure and Notice. Under conditions where it is found that 
significant adverse impact on park resources, wildlife populations, 
subsistence uses, or visitor enjoyment of resources will result, the 
Superintendent shall prohibit the gathering or otherwise restrict the 
collecting of these items. Portions of a park area in which closures or 
restrictions apply shall be (1) published in at least one newspaper of 
general circulation in the State and designated on a map which shall be 
available for public inspection in the office of the Superintendent, or 
(2) designated by the posting of appropriate signs, or (3) both.
    (e) Subsistence. Nothing in this section shall apply to local rural 
residents authorized to take renewable resources.



Sec. 13.21  Taking of fish and wildlife.

    (a) [Reserved]
    (b) Fishing. Fishing is permitted in all park areas in accordance 
with applicable State and Federal law, and such laws are hereby adopted 
and made a part of these regulations to the extent they are not 
inconsistent with Sec. 2.3 of this chapter.
    (c) Commercial fishing. The exercise of valid commercial fishing 
rights or privileges obtained prior to December 2, 1980, pursuant to 
existing law in Cape Krusenstern National Monument, the Malaspina 
Glacier Forelands area of the Wrangell-St. Elias National Preserve, and 
the Dry Bay area of Glacier Bay National Preserve, including the use of 
these park areas for existing campsites, cabins and other structures, 
motorized vehicles, and aircraft landings on existing airstrips, may 
continue provided that all such use is directly incident to the exercise 
of those rights or privileges.
    (1) Restrictions. The Superintendent may restrict or revoke the 
exercise of a valid commercial fishing right or privilege based upon 
specific findings, following public notice and an opportunity for 
response, that continuation of such use of a park area constitutes a 
direct threat to or significant impairment of the values and purposes 
for which the park area was established.
    (2) Expansion of uses. (i) A person holding a valid commercial 
fishing right or privilege may expand his or her level of use of a park 
area beyond the level of such use in 1979 only pursuant to the terms of 
a permit issued by the Superintendent.
    (ii) The Superintendent may deny a permit or otherwise restrict the 
expanded use of a park area directly incident to the exercise of such 
rights or privileges, if the Superintendent determines, after conducting 
a public hearing in the affected locality, that the expanded use 
constitutes either:
    (A) A significant expansion of the use of a park area beyond the 
level of such

[[Page 187]]

use during 1979 (taking into consideration the relative levels of use in 
the general vicinity, as well as the applicant's levels of use); or
    (B) A direct threat to, or significant impairment of, the values and 
purposes for which the park area was established.
    (d) Hunting and trapping. (1) Hunting and trapping are allowed in 
national preserves in accordance with applicable Federal and non-
conflicting State law and regulations.
    (2) Violating a provision of either Federal or non-conflicting State 
law or regulation is prohibited.
    (3) Engaging in trapping activities as the employee of another 
person is prohibited.
    (4) It shall be unlawful for a person having been airborne to use a 
firearm or any other weapon to take or assist in taking any species of 
bear, caribou, Sitka black-tailed deer, elk, coyote, arctic and red fox, 
mountain goat, moose, Dall sheep, lynx, bison, musk ox, wolf and 
wolverine until after 3 a.m. on the day following the day in which the 
flying occurred. This prohibition does not apply to flights on regularly 
scheduled commercial airlines between regularly maintained public 
airports.
    (e) Closures and restrictions. The Superintendent may prohibit or 
restrict the non-subsistence taking of fish or wildlife in accordance 
with the provisions of Sec. 13.30 of this chapter. Except in emergency 
conditions, such restrictions shall take effect only after the 
Superintendent has consulted with the appropriate State agency having 
responsibility over fishing, hunting, or trapping and representatives of 
affected users.

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



Sec. 13.22  Unattended or abandoned property.

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



Sec. 13.30  Closure procedures.

    (a) Authority. The Superintendent may close an area or restrict an 
activity on an emergency, temporary, or permanent basis.
    (b) Criteria. In determining whether to close an area or restrict an 
activity on an emergency basis, the Superintendent shall be guided by 
factors such as public health and safety, resource protection, 
protection of cultural or scientific values, subsistence uses, 
endangered or threatened species conservation, and other management 
considerations necessary to ensure that the activity or area is being 
managed in a manner compatible with the purposes for which the park area 
was established.
    (c) Emergency Closures. (1) Emergency closures or restrictions 
relating to the

[[Page 188]]

use of aircraft, snowmachines, motorboats, or nonmotorized surface 
transportation shall be made after notice and hearing; (2) emergency 
closures or restrictions relating to the taking of fish and wildlife 
shall be accompanied by notice and hearing; (3) other emergency closures 
shall become effective upon notice as prescribed in Sec. 13.30(f); and 
(4) no emergency closure or restriction shall extend for a period 
exceeding 30 days, nor may it be extended.
    (d) Temporary closures or restrictions. (1) Temporary closures or 
restrictions relating to the use of aircraft, snowmachines, motorboats, 
or nonmotorized surface transportation or to the taking of fish and 
wildlife, shall not be effective prior to notice and hearing in the 
vicinity of the area(s) directly affected by such closures or 
restrictions, and other locations as appropriate; (2) other temporary 
closures shall be effective upon notice as prescribed in Sec. 13.30(f); 
(3) temporary closures or restrictions shall not extend for a period 
exceeding 12 months and may not be extended.
    (e) Permanent closures or restrictions. Permanent closures or 
restrictions shall be published as rulemaking in the Federal Register 
with a minimum public comment period of 60 days and shall be accompanied 
by public hearings in the area affected and other locations as 
appropriate.
    (f) Notice. Emergency, temporary and permanent closures or 
restrictions shall be (1) published in at least one newspaper of general 
circulation in the State and in at least one local newspaper if 
available, posted at community post offices within the vicinity 
affected, made available for broadcast on local radio stations in a 
manner reasonably calculated to inform residents in the affected 
vicinity, and designated on a map which shall be available for public 
inspection at the office of the Superintendent and other places 
convenient to the public; or (2) designated by the posting of 
appropriate signs; or (3) both.
    (g) Openings. In determining whether to open an area to public use 
or activity otherwise prohibited, the Superintendent shall provide 
notice in the Federal Register and shall, upon request, hold a hearing 
in the affected vicinity and other locations as appropriate prior to 
making a final determination.
    (h) Except as otherwise specifically permitted under the provisions 
of this part, entry into closed areas or failure to abide by 
restrictions established under this section is prohibited.



Sec. 13.31  Permits.

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

[[Page 189]]

any, and within a reasonable period of time, the Regional Director shall 
affirm, reverse, or modify the denial of the Superintendent and shall 
set forth in writing the basis for the decision. A copy of the decision 
shall be forwarded promptly to the applicant and shall constitute final 
agency action.



                         Subpart B--Subsistence



Sec. 13.40  Purpose and policy.

    (a) Consistent with the management of fish and wildlife in 
accordance with recognized scientific principles and the purposes for 
which each park area was established, designated, or expanded by ANILCA, 
the purpose of this subpart is to provide the opportunity for local 
rural residents engaged in a subsistence way of life to do so pursuant 
to applicable State and Federal law.
    (b) Consistent with sound management principles, and the 
conservation of healthy populations of fish and wildlife, the 
utilization of park areas is to cause the least adverse impact possible 
on local rural residents who depend upon subsistence uses of the 
resources of the public lands in Alaska.
    (c) Nonwasteful subsistence uses of fish, wildlife and other 
renewable resources by local rural residents shall be the priority 
consumptive uses of such resources over any other consumptive uses 
permitted within park areas pursuant to applicable State and Federal 
law.
    (d) Whenever it is necessary to restrict the taking of a fish or 
wildlife population within a park area for subsistence uses in order to 
assure the continued viability of such population or to continue 
subsistence uses of such population, the population shall be allocated 
among local rural residents engaged in subsistence uses in accordance 
with a subsistence priority system based on the following criteria:
    (1) Customary and direct dependence upon the resource as the 
mainstay of one's livelihood;
    (2) Local residency; and
    (3) Availability of alternative resources.
    (e) The State of Alaska is authorized to regulate the taking of fish 
and wildlife for subsistence uses within park areas to the extent such 
regulation is consistent with applicable Federal law, including but not 
limited to ANILCA.
    (f) Nothing in this subpart shall be construed as permitting a level 
of subsistence use of fish and wildlife within park areas to be 
inconsistent with the conservation of healthy populations, and within a 
national park or monument to be inconsistent with the conservation of 
natural and healthy populations, of fish and wildlife.



Sec. 13.41  Applicability.

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



Sec. 13.42  Definitions.

    (a) Local rural resident. (1) As used in this part with respect to 
national parks and monuments, the term ``local rural resident'' shall 
mean either of the following:
    (i) Any person who has his/her primary, permanent home within the 
resident zone as defined by this section, and whenever absent from this 
primary, permanent home, has the intention of returning to it. Factors 
demonstrating the location of a person's primary, permanent home may 
include, but are not limited to, the permanent address indicated on 
licenses issued by the State of Alaska Department of Fish and Game, 
driver's license, and tax returns, and the location of registration to 
vote.
    (ii) Any person authorized to engage in subsistence uses in a 
national park or monument by a subsistence permit issued pursuant to 
Sec. 13.44.
    (2) [Reserved]
    (b) Resident zone. As used in this part, the term ``resident zone'' 
shall mean the area within, and the communities and areas near, a 
national park or

[[Page 190]]

monument in which persons who have customarily and traditionally engaged 
in subsistence uses within the national park or monument permanently 
reside. The communities and areas near a national park or monument 
included as a part of its resident zone shall be determined pursuant to 
Sec. 13.43 and listed for each national park or monument in Subpart C of 
this part.
    (c) Subsistence uses. As used in this part, the term ``subsistence 
uses'' shall mean the customary and traditional uses by rural Alaska 
residents of wild, renewable resources for direct personal or family 
consumption as food, shelter, fuel, clothing, tools or transportation; 
for the making and selling of handicraft articles out of nonedible 
byproducts of fish and wildlife resources taken for personal or family 
consumption; for barter or sharing for personal or family consumption; 
and for customary trade. For the purposes of this paragraph, the term--
    (1) ``Family'' shall mean all persons related by blood, marriage, or 
adoption, or any person living within the household on a permanent 
basis; and
    (2) ``Barter'' shall mean the exchange of fish or wildlife or their 
parts taken for subsistence uses--
    (i) For other fish or game or their parts; or
    (ii) For other food or for nonedible items other than money if the 
exchange is of a limited and noncommercial nature; and
    (3) ``Customary trade'' shall be limited to the exchange of furs for 
cash (and such other activities as may be designated for a specific park 
area in Subpart C of this part).



Sec. 13.43  Determination of resident zones.

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

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



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

    (a) Any rural resident whose primary, permanent home is outside the 
boundaries of a resident zone of a national park or monument may apply 
to the appropriate Superintendent pursuant to the procedures set forth 
in Sec. 13.51 for a subsistence permit authorizing the permit applicant 
to engage in subsistence uses within the national park or monument. The 
Superintendent shall grant the permit if the permit applicant 
demonstrates that,
    (1) Without using aircraft as a means of access for purposes of 
taking fish and wildlife for subsistence uses, the applicant has (or is 
a member of a family which has) customarily and traditionally engaged in 
subsistence uses within a national park or monument; or
    (2) The applicant is a local rural resident within a resident zone 
for another national park or monument, or meets the requirements of 
paragraph (a)(1) of this section for another national park or monument, 
and there exists a pattern of subsistence uses (without use of an 
aircraft as a means of access for purposes of taking fish and wildlife 
for subsistence uses) between the national park or monument previously 
utilized by the permit applicant and the national park or monument for 
which the permit applicant seeks a subsistence permit.

[[Page 191]]

    (b) In order to provide for subsistence uses pending application for 
and receipt of a subsistence permit, until August 1, 1981, any rural 
resident whose primary permanent home is outside the boundaries of a 
resident zone of a national park or monument and who meets the criteria 
for a subsistence permit set forth in paragraph (a) of this section may 
engage in subsistence uses in the national park or monument without a 
permit in accordance with applicable State and Federal law. Effective 
August 1, 1981, however, such rural resident must have a subsistence 
permit as required by paragraph (a) of this section in order to engage 
in subsistence uses in the national park or monument.
    (c) For purposes of this section, the term ``family'' shall mean all 
persons living within a rural resident's household on a permanent basis.



Sec. 13.45  Prohibition of aircraft use.

    (a) Notwithstanding the provisions of Sec. 13.12 the use of aircraft 
for access to or from lands and waters within a national park or 
monument for purposes of taking fish or wildlife for subsistence uses 
within the national park or monument is prohibited except as provided in 
this section.
    (b) Exceptions. (1) In extraordinary cases where no reasonable 
alternative exists, the Superintendent shall permit, pursuant to 
specified terms and conditions, a local rural resident of an ``exempted 
community'' to use aircraft for access to or from lands and water within 
a national park or monument for purposes of taking fish or wildlife for 
subsistence uses.
    (i) A community shall quality as an ``exempted community'' if, 
because of the location of the subsistence resources upon which it 
depends and the extraordinary difficulty of surface access to these 
subsistence resources, the local rural residents who permanently reside 
in the community have no reasonable alternative to aircraft use for 
access to these subsistence resources.
    (ii) A community which is determined, after notice and comment 
(including public hearing in the affected local vicinity), to meet the 
description of an ``exempted community'' set forth in paragraph (b)(1) 
of this section shall be included in the appropriate special regulations 
for each park and monument set forth in Subpart C of this part.
    (iii) A community included as an ``exempted community'' in Subpart C 
of this part may be deleted therefrom upon a determination, after notice 
and comment (including public hearing in the affected local vicinity), 
that it does not meet the description of an ``exempted community'' set 
forth in paragraph (b)(1) of this section.
    (2) Any local rural resident aggrieved by the prohibition on 
aircraft use set forth in this section may apply for an exception to the 
prohibition pursuant to the procedures set forth in Sec. 13.51. In 
extraordinary cases where no reasonable alternative exists, the 
Superintendent may grant the exception upon a determination that the 
location of the subsistence resources depended upon and the difficulty 
of surface access to these resources, or other emergency situation, 
requires such relief.
    (c) Nothing in this section shall prohibit the use of aircraft for 
access to lands and waters within a national park or monument for 
purposes of engaging in any activity allowed by law other than the 
taking of fish and wildlife. Such activities include, but are not 
limited to, transporting supplies.



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

    (a) Notwithstanding any other provision of this chapter, the use of 
snowmobiles, motorboats, dog teams, and other means of surface 
transportation traditionally employed by local rural residents engaged 
in subsistence uses is permitted within park areas except at those times 
and in those areas restricted or closed by the Superintendent.
    (b) The Superintendent may restrict or close a route or area to use 
of snowmobiles, motorboats, dog teams, or other means of surface 
transportation traditionally employed by local rural residents engaged 
in subsistence uses if the Superintendent determines that such use is 
causing or is likely to cause an adverse impact on public health and 
safety, resource protection, protection

[[Page 192]]

of historic or scientific values, subsistence uses, conservation of 
endangered or threatened species, or the purposes for which the park 
area was established.
    (c) No restrictions or closures shall be imposed without notice and 
a public hearing in the affected vicinity and other locations as 
appropriate. In the case of emergency situations, restrictions or 
closures shall not exceed sixty (60) days and shall not be extended 
unless the Superintendent establishes, after notice and public hearing 
in the affected vicinity and other locations as appropriate, that such 
extension is justified according to the factors set forth in paragraph 
(b) of this section. Notice of the proposed or emergency restrictions or 
closures and the reasons therefor shall be published in at least one 
newspaper of general circulation within the State and in at least one 
local newspaper if appropriate, and information about such proposed or 
emergency actions shall also be made available for broadcast on local 
radio stations in a manner reasonably calculated to inform local rural 
residents in the affected vicinity. All restrictions and closures shall 
be designated on a map which shall be available for public inspection at 
the office of the Superintendent of the affected park area and the post 
office or postal authority of every affected community within or near 
the park area, or by the posting of signs in the vicinity of the 
restrictions or closures, or both.
    (d) Motorboats, snowmobiles, dog teams, and other means of surface 
transportation traditionally employed by local rural residents engaged 
in subsistence uses shall be operated (1) in compliance with applicable 
State and Federal law, (2) in such a manner as to prevent waste or 
damage to the park areas, and (3) in such a manner as to prevent the 
herding, harassment, hazing or driving of wildlife for hunting or other 
purposes.
    (e) At all times when not engaged in subsistence uses, local rural 
residents may use snowmobiles, motorboats, dog teams, and other means of 
surface transportation in accordance with Secs. 13.10, 13.11, 13.12, and 
13.14, respectively.



Sec. 13.47  Subsistence fishing.

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



Sec. 13.48  Subsistence hunting and trapping.

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



Sec. 13.49  Subsistence use of timber and plant material.

    (a) Notwithstanding any other provision of this part, the non-
commercial cutting of live standing timber by local rural residents for 
appropriate subsistence uses, such as firewood or house logs, may be 
permitted in park areas where subsistence uses are allowed as follows:
    (1) For live standing timber of diameter greater than three inches 
at ground height, the Superintendent may permit cutting in accordance 
with the specifications of a permit if such cutting is determined to be 
compatible with the purposes for which the park area was established;
    (2) For live standing timber of diameter less than three inches at 
ground height, cutting is permitted unless restricted by the 
Superintendent.
    (b) The noncommerical gathering by local rural residents of fruits, 
berries, mushrooms, and other plant materials for subsistence uses, and 
the

[[Page 193]]

noncommerical gathering of dead or downed timber for firewood, shall be 
allowed without a permit in park areas where subsistence uses are 
allowed.
    (c)(1) Nothwithstanding any other provision of this part, the 
Superintendent, after notice and public hearing in the affected vicinity 
and other locations as appropriate, may temporarily close all or any 
portion of a park area to subsistence uses of a particular plant 
population only if necessary for reasons of public safety, 
administration, or to assure the continued viability of such population. 
For the purposes of this section, the term ``temporarily'' shall mean 
only so long as reasonably necessary to achieve the purposes of the 
closure.
    (2) If the Superintendent determines that an emergency situation 
exists and that extraordinary measures must be taken for public safety 
or to assure the continued viability of a particular plant population, 
the Superintendent may immediately close all or any portion of a park 
area to the subsistence uses of such population. Such emergency closure 
shall be effective when made, shall be for a period not to exceed sixty 
(60) days, and may not subsequently be extended unless the 
Superintendent establishes, after notice and public hearing in the 
affected vicinity and other locations as appropriate, that such closure 
should be extended.
    (3) Notice of administrative actions taken pursuant to this section, 
and the reasons justifying such actions, shall be published in at least 
one newspaper of general circulation within the State and at least one 
local newspaper if available, and information about such actions and 
reasons also shall be made available for broadcast on local radio 
stations in a manner reasonably calculated to inform local rural 
residents in the affected vicinity. All closures shall be designated on 
a map which shall be available for public inspection at the office of 
the Superintendent of the affected park area and the post office or 
postal authority of every affected community within or near the park 
area, or by the posting of signs in the vicinity of the restrictions, or 
both.



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

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

[[Page 194]]



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

    (a) Any person applying for the subsistence permit required by 
Sec. 13.44(a), or the exception to the prohibition on aircraft use 
provided by Sec. 13.45(b)(2), shall submit his/her application to the 
Superintendent of the appropriate national park or monument. If the 
applicant is unable or does not wish to submit the application in 
written form, the Superintendent shall provide the applicant an 
opportunity to present the application orally and shall keep a record of 
such oral application. Each application must include (1) a statement 
which acknowledges that providing false information in support of the 
application is a violation of Section 1001 of Title 18 of the United 
States Code, and (2) additional statements or documentation which 
demonstrates that the applicant satisfies the criteria set forth in 
Sec. 13.44(a) for a subsistence permit or Sec. 13.45(b)(2) for the 
aircraft exception, as appropriate. Except in extraordinary cases for 
good cause shown, the Superintendent shall decide whether to grant or 
deny the application in a timely manner not to exceed forty-five (45) 
days following the receipt of the completed application. Should the 
Superintendent deny the application, he/she shall include in the 
decision a statement of the reasons for the denial and shall promptly 
forward a copy to the applicant.
    (b) An applicant whose application has been denied by the 
Superintendent has the right to have his/her application reconsidered by 
the Alaska Regional Director by contacting the Regional Director within 
180 days of the issuance of the denial. The Regional Director may extend 
the 180-day time limit to initiate a reconsideration for good cause 
shown by the applicant. For purposes of reconsideration, the applicant 
shall present the following information:
    (1) Any statement or documentation, in addition to that included in 
the initial application, which demonstrates that the applicant satisfies 
the criteria set forth in paragraph (a) of this section;
    (2) The basis for the applicant's disagreement with the 
Superintendent's findings and conclusions; and
    (3) Whether or not the applicant requests an informal hearing before 
the Regional Director.
    (c) The Regional Director shall provide a hearing if requested by 
the applicant. After consideration of the written materials and oral 
hearing, if any, and within a reasonable period of time, the Regional 
Director shall affirm, reverse, or modify the denial of the 
Superintendent and shall set forth in writing the basis for the 
decision. A copy of the decision shall be forwarded promptly to the 
applicant and shall constitute final agency action.



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



Sec. 13.60  Aniakchak National Monument and Preserve.

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

Chignik
Chignik Lagoon
Chignik Lake
Meshik
Port Heiden



Sec. 13.61  Bering Land Bridge National Preserve.

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



Sec. 13.62  Cape Krusenstern National Monument.

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

Kivalina
Kotzebue
Noatak



Sec. 13.63  Denali National Park and Preserve.

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


[[Page 195]]


Cantwell
Minchumina
Nikolai
Telida

    (b) Camping. Camping is prohibited along the road corridor and at 
Wonder Lake, except at designated areas. Camping is allowed in other 
areas in accordance with the backcountry management plan.
    (c) Unattended or Abandoned Property. Leaving unattended and 
abandoned property along the road corridor, at Wonder Lake, and in the 
areas included in the backcountry management plan, is prohibited.
    (d) Operation of motor vehicles on the Denali Park road west of the 
Savage River--(1) Do I need a permit to operate a motor vehicle on the 
Denali Park road west of the Savage River? Yes, you must obtain a permit 
from the superintendent to operate a motor vehicle on the restricted 
section of the Denali Park road. The restricted section begins at the 
west end of the Savage River Bridge (mile 14.8) and continues to the 
former Mt. McKinley National Park boundary north of Wonder Lake (mile 
87.9).
    (2) How many permits will be issued each summer? The superintendent 
is authorized, under this section, to issue no more than 10,512 motor 
vehicle permits each year for access to the restricted section of the 
road. The superintendent will issue the permits for the period that 
begins on the Saturday of Memorial Day weekend and continues through the 
second Thursday following Labor Day or September 15, whichever comes 
first. Each permit allows one vehicle one entry onto the restricted 
portion of the Park road.
    (3) How will the superintendent manage the permit program? (i) The 
superintendent will apportion motor vehicle permits among authorized 
users following the procedures in Sec. 13.31. Authorized users are 
individuals, groups and governmental entities who are allowed by law or 
policy to use the restricted section of the road.
    (ii) The superintendent will establish an annual date to evaluate 
permit requests and publish that date, along with the results of the 
annual apportionment, in the superintendent's compendium of rules and 
orders. The superintendent's compendium is available to the public upon 
request.
    (iii) The superintendent will re-evaluate the access requirements of 
any business that is sold, ceases to operate or that significantly 
changes the services currently offered to the public.
    (4) What is prohibited? (i) No one may operate a motor vehicle on 
the restricted section of the Park road without a valid permit.
    (ii) No one may use a motor home, camper or trailer to transport 
guests to a lodge or other business in Kantishna.
    (iii) No one may transfer or accept transfer of a Denali Park road 
permit without the superintendent's approval.
    (e) Fishing limit of catch and in possession. The limit of catch per 
person per day shall be 10 fish but not to exceed 10 pounds and one 
fish, except that the limit of catch of lake trout (mackinaw) per person 
per day shall be two fish including those hooked and released. 
Possession of more than one day's limit of catch by one person at any 
one time is prohibited.
    (f) Mountain climbing. Climbing on Mount McKinley or Mount Foraker 
without registering, on a form provided by the Superintendent, at least 
60 days in advance of any climb is prohibited.
    (g) Kantishna area summer season firearm safety zone--(1) What is 
prohibited? No one may fire a gun during the summer season in or across 
the Kantishna area firearm safety zone, unless they are defending life 
or property.
    (i) The summer season begins on the Saturday of Memorial Day weekend 
and continues through the second Thursday following Labor Day or 
September 15, whichever comes first.
    (ii) The Kantishna Area firearm safety zone includes: the Kantishna 
Airstrip; the State Omnibus Act Road right-of-way; and all public lands 
located within one mile of the Kantishna Airstrip or the State Omnibus 
Act Road right-of-way, from the former Mt. McKinley National Park 
boundary at mile 87.9 to the south end of the Kantishna Airstrip.
    (h) Snowmachine (snowmobile) operation in Denali National Park and 
Preserve--(1) What is the definition of a traditional activity for which 
Section 1110(a) of ANILCA permits snowmachines to be

[[Page 196]]

used in the former Mt. McKinley National Park (Old Park) portion of 
Denali National Park and Preserve? A traditional activity is an activity 
that generally and lawfully occurred in the Old Park contemporaneously 
with the enactment of ANILCA, and that was associated with the Old Park, 
or a discrete portion thereof, involving the consumptive use of one or 
more natural resources of the Old Park such as hunting, trapping, 
fishing, berry picking or similar activities. Recreational use of 
snowmachines was not a traditional activity. If a traditional activity 
generally occurred only in a particular area of the Old Park, it would 
be considered a traditional activity only in the area where it had 
previously occurred. In addition, a traditional activity must be a 
legally permissible activity in the Old Park.
    (2) May a snowmachine be used in that portion of the park formerly 
known as Mt. McKinley National Park (Old Park)? No, based on the 
application of the definition of traditional activities within the park 
to the factual history of the Old Park, there are no traditional 
activities that occurred during periods of adequate snow cover within 
the Old Park; and, thus, Section 1110(a) of ANILCA does not authorize 
snowmachine access. Hunting and trapping were not and are not legally 
permitted activities in the Old Park at any time of the year. Sport 
fishing has not taken place in the Old Park during periods of adequate 
snow cover due to weather conditions that are adverse to sport fishing, 
and the limited fishery resources within the Old Park. During periods of 
adequate snow cover, berry picking is not feasible, and has not taken 
place in the Old Park. Under the definition, recreational use of 
snowmachines is not a traditional activity. There are no villages, 
homesites or other valid occupancies within the Old Park. Access by 
snowmachine through the Old Park in transit to homesites, villages and 
other valid occupancies was not lawful prior to the enactment of ANILCA 
and is available through routes outside the Old Park that have been 
historically used for that purpose. Therefore, the use of snowmachines 
is not authorized by section 1110(a) for such travel. Further, Congress 
did not authorize subsistence activities in the Old Park. In addition, 
the National Park Service has determined that the use of even a few 
snowmachines in the Old Park would be detrimental to the resource values 
of the area. Therefore, because no usage is authorized in the Old Park 
by section 1110(a) the Old Park remains closed to all snowmachine use in 
accordance with 36 CFR 2.18.
    (3) Where can I operate a snowmachine in Denali National Park and 
Preserve? You can use a snowmachine outside of the Old Park for 
traditional activities or travel to and from villages and homesites and 
other valid occupancies as authorized by 43 CFR 36.11(c), or when 
lawfully engaged in subsistence activities authorized by Sec. 13.46.
    (4) What types of snowmachines are allowed? The types of 
snowmachines allowed are defined in Sec. 13.1(q) under snowmachine or 
snowmobile.
    (5) What other regulations apply to snowmachine use? Snowmachine use 
is governed by regulations at Sec. 2.18(a) of this chapter, traffic 
safety, Sec. 2.18(b) of this chapter, state laws, and Sec. 2.18(d) and 
(e) of this chapter, prohibited activities; and 43 CFR 36.11(a)(2) 
adequate snow cover, and 43 CFR 36.11(c) traditional activities.
    (6) Who determines when there is adequate snow cover? The 
superintendent will determine when snow cover is adequate for 
snowmachine use. The superintendent will follow the procedures in 
Secs. 1.5 and 1.7 of this chapter to inform the public.
    (7) Nothing in this section shall limit the authority of the 
superintendent to restrict or limit uses of an area under other 
statutory authority.

[46 FR 31854, June 17, 1981, as amended at 45 FR 78120, Nov. 25, 1980; 
48 FR 30295, June 30, 1983; 61 FR 6944, Feb. 23, 1996; 65 FR 37878, June 
19, 2000]



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

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

Alatna
Allakaket
Ambler
Anaktuvuk Pass

[[Page 197]]

Bettles/Evansville
Hughes
Kobuk
Nuiqsut
Shungnak
Wiseman

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

Anaktuvuk Pass

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



Sec. 13.65  Glacier Bay National Park and Preserve.

    (a) Commercial fishing: authorizations, closures and restrictions--
(1) What terms do I need to know? (i) Commercial fishing means 
conducting fishing activities under the appropriate commercial fishing 
permits and licenses as required and defined by the State of Alaska.
    (ii) Glacier Bay means all marine waters within Glacier Bay National 
Park, including coves and inlets, north of an imaginary line drawn from 
Point Gustavus to Point Carolus.
    (iii) Outer waters means all of the non-wilderness marine waters of 
the park located outside of Glacier Bay.
    (2) Is commercial fishing authorized in the marine waters of Glacier 
Bay National Park? Yes--Commercial fishing is authorized within the 
outer waters of the park and within the non-wilderness waters of Glacier 
Bay, subject to the provisions of this chapter.
    (i) Commercial fishing shall be administered pursuant to A 
cooperatively developed State/federal park fisheries management plan, 
international conservation and management treaties, and existing federal 
and Non-conflicting State law. The management plan shall provide for the 
protection of park values and purposes, the prohibition on any new or 
expanded fisheries, and the opportunity to study marine resources.
    (ii) Commercial fishing or conducting an associated buying or 
processing operation in wilderness waters is prohibited.
    (iii) A new or expanded fishery is prohibited. The Superintendent 
shall compile a list of the existing fisheries and gear types used in 
the outer waters and follow the procedures in Secs. 1.5 and 1.7 of this 
chapter to inform the public.
    (iv) Maps and charts showing which marine areas of Glacier Bay are 
closed to commercial fishing are available from the Superintendent.
    (3) What types of commercial fishing are authorized in Glacier Bay? 
Three types of commercial fishing are authorized in Glacier Bay non-
wilderness waters: longline fishing for halibut; pot and ring fishing 
for Tanner crab; and trolling for salmon.
    (i) All other commercial fishing, or a buying or a processing 
operation not related to an authorized fishery is prohibited in Glacier 
Bay.
    (ii) On October 1, 2000, each fishery will be limited to fishermen 
who qualify for a non-transferable commercial fishing lifetime access 
permit (see paragraph (a)(4) of this section). Commercial fishing 
without a permit issued by the superintendent, or other than in 
accordance with the terms and conditions of the permit, is prohibited.
    (iii) The Superintendent shall include in a permit the terms and 
conditions that the superintendent deems necessary to protect park 
resources. Violating a term or condition of the permit is prohibited.
    (4) Who is eligible for a Glacier Bay commercial fishing lifetime 
access permit? A Glacier Bay commercial fishing lifetime access permit 
will be issued by the superintendent to fishermen who have submitted 
documentation to the superintendent, on or before October 1, 2000, which 
demonstrates to the satisfaction of the superintendent that:
    (i) They possess valid State limited entry commercial fishing 
permits for the district or statistical area encompassing Glacier Bay 
for each fishery for which a lifetime access permit is being sought; 
and,

[[Page 198]]

    (ii) They have participated as limited entry permit holders for the 
district or statistical area encompassing Glacier Bay for each fishery 
for which a lifetime access permit is being sought.
    (A) For the Glacier Bay commercial halibut fishery, the Applicant 
must have participated as a permit holder for at least two years during 
the period 1992-1998.
    (B) For the Glacier Bay salmon or Tanner crab commercial fisheries, 
the applicant must have participated as a permit holder for at least 
three years during the period 1989-1998.
    (5) What documentation is required to apply for a commercial fishing 
lifetime access permit? The required documentation includes:
    (i) The applicants full name, date of birth, mailing address and 
phone number;
    (ii) A notarized affidavit, sworn by the applicant, attesting to his 
or her history of participation as a limited permit holder in Glacier 
Bay, during the qualifying period, for each fishery for which a lifetime 
access permit is being sought;
    (iii) A copy of the applicant's current State of Alaska limited 
entry permit and in the case of halibut an International Pacific Halibut 
Commission quota share, that is valid for the area that includes Glacier 
Bay, for each fishery for which a lifetime access permit is sought;
    (iv) Proof of the applicant's permit and quota share history for the 
Glacier Bay fishery during the qualifying period;
    (v) Documentation of commercial landings for the Glacier Bay fishery 
during the qualifying periods, i.e., within the statistical unit or area 
that includes Glacier Bay: for halibut, regulatory sub-area 184; for 
Tanner crab, statistical areas 114-70 through 114-77. For salmon, the 
superintendent will consider landing reports from District 114; however, 
the superintendent may require additional documentation that supports 
the applicant's declaration of Glacier Bay salmon landings. For halibut 
and Tanner crab, the superintendent may consider documented commercial 
landings from the unit or area immediately adjacent to Glacier Bay (in 
Icy Strait) if additional documentation supports the applicant's 
declaration that landings occurred in Glacier Bay.
    (vi) Any additional corroborating documentation that might assist 
the superintendent in a timely determination of eligibility for the 
access permits.
    (6) Where should the documentation for a lifetime access permit be 
sent? Before October 1, 2000, all required information (as listed in 
paragraph (a)(5) of this section) should be sent to: Superintendent, 
Attn: Access Permit Program, Glacier Bay National Park and Preserve, 
P.O. Box 140, Gustavus, Alaska 99826.
    (7) Who determines eligibility? The superintendent will make a 
written determination of an applicant's eligibility for the lifetime 
access permit based on information provided. A copy of the determination 
will be mailed to the applicant. If additional information is required 
to make an eligibility determination, the applicant will be notified in 
writing of that need and be given an opportunity to provide it.
    (8) Is there an appeals process if a commercial fishing lifetime 
access permit application is denied? Yes--If an applicant's request for 
an a commercial fishing lifetime access permit is denied, the 
superintendent will provide the applicant with the reasons for the 
denial in writing within 15 days of the decision. The applicant may 
appeal to the Regional Director, Alaska Region, within 180 days. The 
appeal must substantiate the basis of the applicant's disagreement with 
the Superintendent's determination. The Regional Director (or his 
representative) will meet with the applicant to discuss the appeal 
within 30 days of receiving the appeal. Within 15 days of receipt of 
written materials and the meeting, if requested, the Regional Director 
will affirm, reverse, or modify the Superintendent's determination and 
explain the reasons for the decision in writing. A copy of the decision 
will be forwarded promptly to the applicant and will be the final agency 
action.
    (9) How often will commercial fishing lifetime access permit be 
renewed? The superintendent will renew lifetime access permit at 5-year 
intervals for the lifetime of a permittee who continues to

[[Page 199]]

hold a valid State limited entry commercial fishing permit, and for 
halibut an International Pacific Halibut Commission quota share, and is 
otherwise eligible to participate in the fishery under federal and State 
law.
    (10) What other closures and restrictions apply to commercial 
fishermen and commercial fishing vessels?--The following are prohibited:
    (i) Commercial fishing in the waters of Geikie, Tarr, Johns Hopkins 
and Reid Inlets.
    (ii) Commercial fishing in the waters of the west arm of Glacier Bay 
north of 58 deg.50[min]N latitude, except commercial fishermen who have 
been authorized by the superintendent to troll for salmon may troll for 
king salmon during the period October 1 through April 30, in compliance 
with state commercial fishing regulations.
    (iii) Commercial fishing in the east arm of Glacier Bay, north of an 
imaginary line running from Point Caroline through the southern point of 
Garforth Island and extending to the east side of Muir Inlet, except 
commercial fishermen who have been authorized by the superintendent to 
troll for salmon may troll for king salmon south of 58 deg.50[min]N 
latitude during the period October 1 through April 30, in compliance 
with state commercial fishing regulations.
    (b) Resource protection and vessel management--(1) Definitions. As 
used in this section:
    Charter vessel means any motor vessel under 100 tons gross (U.S. 
System) or 2,000 tons gross (International Convention System) that is 
rated to carry up to 49 passengers, and is available for hire on an 
unscheduled basis; except a charter vessel used to provide a scheduled 
camper or kayak drop off service.
    Commercial fishing vessel means any motor vessel conducting fishing 
activities under the appropriate commercial fishing licenses as required 
and defined by the State of Alaska.
    Cruise ship means any motor vessel at or over 100 tons gross (U.S. 
System) or 2,000 tons gross (International Convention System) carrying 
passengers for hire.
    Entry means each time a motor vessel passes the mouth of Glacier Bay 
into the bay; each time a private vessel activates or extends a permit; 
each time a motor vessel based at or launched from Bartlett Cove leaves 
the dock area on the way into Glacier Bay, except a private vessel based 
at Bartlett Cove that is gaining access or egress to or from outside 
Glacier Bay; the first time a local private vessel uses a day of the 
seven use-day permit; or each time a motor vessel is launched from 
another vessel within Glacier Bay, except a motor vessel singularly 
launched from a permitted motor vessel and operated only while the 
permitted vessel remains at anchor, or a motor vessel launched and 
operated from a permitted motor vessel while that vessel is not under 
way and in accordance with a concession agreement.
    Glacier Bay means all marine waters contiguous with Glacier Bay, 
lying north of an imaginary line between Point Gustavus and Point 
Carolus.
    Motor vessel means any vessel, other than a seaplane, propelled or 
capable of being propelled by machinery (including steam), whether or 
not such machinery is the principal source of power, except a skiff or 
tender under tow or carried on board another vessel.
    Operate or Operating includes the actual or constructive possession 
of a vessel or motor vessel.
    Private vessel means any motor vessel used for recreation that is 
not engaged in commercial transport of passengers, commercial fishing or 
official government business.
    Pursue means to alter the course or speed of a vessel or a seaplane 
in a manner that results in retaining a vessel, or a seaplane operating 
on the water, at a distance less than one-half nautical mile from a 
whale.
    Speed through the water means the speed that a vessel moves through 
the water (which itself may be moving); as distinguished from ``speed 
over the ground.''
    Tour vessel means any motor vessel under 100 tons gross (U.S. 
System) or 2,000 tons gross (International Convention System) that is 
rated to carry more than 49 passengers, or any smaller vessel that 
conducts tours or provides transportation at regularly scheduled times 
along a regularly scheduled route.
    Transit means to operate a motor vessel under power and continuously 
so as

[[Page 200]]

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

[[Page 201]]

authorities is actually engaged in commercial fishing within Glacier 
Bay.
    (E) The superintendent grants a vessel safe harbor at Bartlett Cove.
    (iv) Prohibitions. (A) Operating a motor vessel in Glacier Bay 
without a required permit is prohibited.
    (B) Violating a term or condition of a permit or an operating 
condition or restriction issued or imposed pursuant to this chapter is 
prohibited.
    (C) The superintendent may immediately suspend or revoke a permit or 
deny a future permit request as a result of a violation of a provision 
of this chapter.
    (v) Restrictions on vessel entry. The superintendent will allow 
vessel entry in accordance with the following table:

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

    (A) By October 1, 1996, the superintendent will reinitiate 
consultation with the National Marine Fisheries Service (NMFS) and 
request a biological opinion under section 7 of the Endangered Species 
Act. The superintendent will request that NMFS assess and analyze any 
effects of vessel traffic authorized by this section, on the endangered 
and threatened species that occur in or use Glacier Bay National Park 
and Preserve.
    (1) Based on this biological opinion, applicable authority, and any 
other relevant information, the director shall reduce the vessel entry 
and use levels for any or all categories of vessels in this section 
effective for the 1998 season or any year thereafter, if required to 
assure protection of the values and purposes of Glacier Bay National 
Park and Preserve.
    (2) The director will publish a document in the Federal Register on 
any revision in the number of seasonal entries and use days under this 
paragraph (b)(2)(v), with an opportunity for public comment.
    (B) By October 1, 1997, the superintendent will determine, with the 
director's approval, whether studies have been completed and sufficient 
scientific and other information has been developed to support an 
increase in cruise ship entries for the 1998 summer season (June 1 
through August 31) while assuring protection of the values and purposes 
of Glacier Bay National Park and Preserve. Any increase will be subject 
to the maximum daily limit of two vessel use-days. If the superintendent 
recommends an increase, the superintendent will publish a document of 
the increase in the Federal Register with an opportunity for public 
comments.
    (C) By October 1 of each year (beginning in 1998), the 
superintendent will determine, with the director's approval, the number 
of cruise ship entries for the following summer season (June 1 through 
August 31). This determination will be based upon available scientific 
and other information and applicable authorities. The number will be 
subject to the maximum daily limit of two vessel use-days. The 
superintendent will publish a document of any revision in seasonal 
entries in the Federal Register with an opportunity for public comment.
    (D) Nothing in this paragraph will be construed to prevent the 
superintendent from taking any action at any time to assure protection 
of the values and purposes of Glacier Bay National Park and Preserve.
    (3) Operating restrictions. (i) Operating a vessel within one-
quarter nautical mile of a whale is prohibited, except for a commercial 
fishing vessel actually trolling or setting or pulling long lines or 
crab pots as otherwise authorized by the superintendent.
    (ii) The operator of a vessel accidentally positioned within one-
quarter

[[Page 202]]

nautical mile of a whale shall immediately slow the vessel to ten knots 
or less, without shifting into reverse unless impact is likely. The 
operator shall then direct or maintain the vessel on as steady a course 
as possible away from the whale until at least one-quarter nautical mile 
of separation is established. Failure to take such action is prohibited.
    (iii) Pursuing or attempting to pursue a whale is prohibited.
    (iv) Whale water restrictions. (A) May 15 through August 31, the 
following Glacier Bay waters are designated as whale waters.
    (1) Lower bay waters, defined as waters north of an imaginary line 
drawn from Point Carolus to Point Gustavus; and south of an imaginary 
line drawn from the northernmost point of Lars Island across the 
northernmost point of Strawberry Island to the point where it intersects 
the line that defines the Beardslee Island group, as described in 
paragraph (b)(3)(vii)(A)(4) of this section, and following that line 
south and west to the Bartlett Cove shore.
    (2) [Reserved]
    (B) June 1 through August 31, the following Glacier Bay waters are 
designated as whale waters.
    (1) Whidbey Passage waters, defined as waters north of an imaginary 
line drawn from the northernmost point of Lars Island to the 
northernmost point of Strawberry Island; west of imaginary lines drawn 
from the northernmost point of Strawberry Island to the southernmost 
point of Willoughby Island, the northernmost point of Willoughby Island 
(proper) to the southernmost point of Francis Island, the northernmost 
point of Francis Island to the southernmost point of Drake Island; and 
south of the northernmost point of Drake Island to the northernmost 
point of the Marble Mountain peninsula.
    (2) East Arm Entrance waters, defined as waters north of an 
imaginary line drawn from the southernmost point of Sebree Island to the 
northernmost point of Sturgess Island, and from there to the westernmost 
point of the unnamed island south of Puffin Island (that comprises the 
south shore of North Sandy Cove); and south of an imaginary line drawn 
from Caroline Point across the northernmost point of Garforth Island to 
shore.
    (3) Russell Island Passage waters, defined as waters enclosed by 
imaginary lines drawn from: the easternmost point of Russell Island due 
east to shore, and from the westernmost point of Russell Island due 
north to shore.
    (C) The superintendent may designate temporary whale waters and 
impose motor vessel speed restrictions in whale waters. Maps of 
temporary whale waters and notice of vessel speed restrictions imposed 
pursuant to this paragraph (b)(3)(iv)(C) shall be made available to the 
public at park offices at Bartlett Cove and Juneau, Alaska, and shall be 
submitted to the U.S. Coast Guard for publication as a ``Notice to 
Mariners.''
    (D) Violation of a whale water restriction is prohibited. The 
following restrictions apply in designated whale waters:
    (1) Except on vessels actually fishing as otherwise authorized the 
superintendent or vessels operating solely under sail, while in transit, 
operators of motor vessels over 18 feet in length will in all cases 
where the width of the water permits, maintain a distance of at least 
one nautical mile from shore, and, in narrower areas will navigate in 
mid-channel: Provided, however, that unless other restrictions apply, 
operators may perpendicularly approach or land on shore (i.e., by the 
most direct line to shore) through designated whale waters.
    (2) Motor vessel speed limits established by the superintendent 
pursuant to paragraph (b)(3)(iv)(C) of this section.
    (v) Speed restrictions. (A) May 15 through August 31, in the waters 
of the lower bay as defined in paragraph (b)(3)(iv)(A)(1) of this 
section, the following are prohibited:
    (1) Operating a motor vessel at more than 20 knots speed through the 
water; or
    (2) Operating a motor vessel at more than 10 knots speed through the 
water, when the superintendent has designated a maximum speed of 10 
knots (due to the presence of whales).
    (B) July 1 through August 31, operating a motor vessel on Johns 
Hopkins

[[Page 203]]

Inlet south of 58 deg.54.2[min]N. latitude (an imaginary line running 
approximately due west from Jaw Point) at more than 10 knots speed 
through the water is prohibited.
    (vi) Closed waters, islands and other areas. The following are 
prohibited:
    (A) Operating a vessel or otherwise approaching within 100 yards of 
South Marble Island; or Flapjack Island; or any of the three small 
unnamed islets approximately one nautical mile southeast of Flapjack 
Island; or Eider Island; or Boulder Island; or Geikie Rock; or Lone 
Island; or the northern three-fourths of Leland Island (north of 
58 deg.39.1[min]N. latitude; or any of the four small unnamed islands 
located approximately one nautical mile north (one island), and 1.5 
nautical miles east (three islands) of the easternmost point of Russell 
Island; or Graves Rocks (on the outer coast); or Cormorant Rock, or any 
adjacent rock, including all of the near-shore rocks located along the 
outer coast, for a distance of 1\1/2\ nautical miles, southeast from the 
mouth of Lituya Bay; or the surf line along the outer coast, for a 
distance of 1\1/2\ nautical miles northwest of the mouth of the glacial 
river at Cape Fairweather.
    (B) Operating a vessel or otherwise approaching within 100 yards of 
a Steller (northern) sea lion (Eumetopias jubatus) hauled-out on land or 
a rock or a nesting seabird colony: Provided, however, that vessels may 
approach within 50 yards of that part of South Marble Island lying south 
of 58 deg.38.6[min]N. latitude (approximately the southern one-half of 
South Marble Island) to view seabirds.
    (C) May 1 through August 31, operating a vessel, or otherwise 
approaching within \1/4\ nautical mile of, Spider Island or any of the 
four small islets lying immediately west of Spider Island.
    (D) May 1 through August 31, operating a cruise ship on Johns 
Hopkins Inlet waters south of 58 deg.54.2[min]N. latitude (an imaginary 
line running approximately due west from Jaw Point).
    (E) May 1 through June 30, operating a vessel or a seaplane on Johns 
Hopkins Inlet waters south of 58 deg.54.2[min]N. latitude (an imaginary 
line running approximately due west from Jaw Point).
    (F) July 1 through August 31, operating a vessel or a seaplane on 
Johns Hopkins Inlet waters south of 58 deg.54.2[min]N. latitude (an 
imaginary line running approximately due west from Jaw Point), within 
\1/4\ nautical mile of a seal hauled out on ice; except when safe 
navigation requires, and then with due care to maintain the \1/4\ 
nautical mile distance from concentrations of seals.
    (G) Restrictions imposed in this paragraph (b)(3)(vi) are minimum 
distances. Park visitors are advised that protection of park wildlife 
may require that visitors maintain greater distances from wildlife. See, 
36 CFR 2.2 (Wildlife protection).
    (vii) Closed waters, motor vessels and seaplanes. (A) May 1 through 
September 15, operating a motor vessel or a seaplane on the following 
water is prohibited:
    (1) Adams Inlet, east of 135 deg.59.2[min]W. longitude (an imaginary 
line running approximately due north and south through the charted (5) 
obstruction located approximately 2\1/4\ nautical miles east of Pt. 
George).
    (2) Rendu Inlet, north of the wilderness boundary at the mouth of 
the inlet.
    (3) Hugh Miller complex, including Scidmore Bay and Charpentier 
Inlet, west of the wilderness boundary at the mouth of the Hugh Miller 
Inlet.
    (4) Waters within the Beardslee Island group (except the Beardslee 
Entrance), that is defined by an imaginary line running due west from 
shore to the easternmost point of Lester Island, then along the south 
shore of Lester Island to its western end, then to the southernmost 
point of Young Island, then north along the west shore and east along 
the north shore of Young Island to its northernmost point, then at a 
bearing of 15 deg. true to an imaginary point located one nautical mile 
due east of the easternmost point of Strawberry Island, then at a 
bearing of 345 deg. true to the northernmost point of Flapjack Island, 
then at a bearing of 81 deg. true to the northernmost point of the 
unnamed island immediately to the east of Flapjack Island, then 
southeasterly to the northernmost point of the next unnamed island, then 
southeasterly along the (Beartrack Cove) shore of that island

[[Page 204]]

to its easternmost point, then due east to shore.
    (B) June 1 through July 15, operating a motor vessel or a seaplane 
on the waters of Muir Inlet north of 59 deg.02.7[min]N. latitude (an 
imaginary line running approximately due west from the point of land on 
the east shore approximately 1 nautical mile north of the McBride 
Glacier) is prohibited.
    (C) July 16 through August 31, operating a motor vessel or a 
seaplane on the waters of Wachusett Inlet west of 136 deg.12.0[min]W 
longitude (an imaginary line running approximately due north from the 
point of land on the south shore of Wachusett Inlet approximately 2\1/4\ 
nautical miles west of Rowlee Point) is prohibited.
    (viii) Noise restrictions. June 1 through August 31, except on 
vessels in transit or as otherwise permitted by the superintendent, the 
use of generators or other non-propulsive motors (except a windless) is 
prohibited from 10:00 p.m. until 6:00 a.m. in Reid Inlet, Blue Mouse 
Cove and North Sandy Cove.
    (ix) Other restrictions. Notwithstanding any other provision of this 
part, due to the rapidly emerging and changing ecosystems of, and for 
the protection of wildlife in Glacier Bay National Park and Preserve, 
including but not limited to whales, seals, sea lions, nesting birds and 
molting waterfowl:
    (A) Pursuant to Secs. 1.5 and 1.6 of this chapter, the 
superintendent may establish, designate, implement and enforce 
restrictions and public use limits and terminate such restrictions and 
public use limits.
    (B) The public shall be notified of restrictions or public use 
limits imposed under this paragraph (b)(3)(ix) and the termination or 
relaxation of such, in accordance with Sec. 1.7 of this chapter, and by 
submission to the U.S. Coast Guard for publication as a ``Notice to 
Mariners,'' where appropriate.
    (C) The superintendent shall make rules for the safe and equitable 
use of Bartlett Cove waters and for park docks. The public shall be 
notified of these rules by the posting of a sign or a copy of the rules 
at the dock. Failure to obey a sign or posted rule is prohibited.
    (x) Closed waters and islands within Glacier Bay as described in 
paragraphs (b)(3) (iv) through (vii) of this section are described as 
depicted on NOAA Chart 17318 GLACIER BAY (4th Ed., Mar. 6/93) 
available to the public at park offices at Bartlett Cove and Juneau, 
Alaska.
    (xi) Paragraphs (b)(3) (i) through (iii) of this section do not 
apply to a vessel being used in connection with federally permitted 
whale research or monitoring; other closures and restrictions in this 
paragraph (b)(3) do not apply to authorized persons conducting emergency 
or law enforcement operations, research or resource management, park 
administration/supply, or other necessary patrols.
    (4) Marine vessel visible emission standards. Visible emissions from 
a marine vessel, excluding condensed water vapor, may not result in a 
reduction of visibility through the exhaust effluent of greater than 20 
percent for a period or periods aggregating more than:
    (i) Three minutes in any one hour while underway, at berth, or at 
anchor; or
    (ii) Six minutes in any one hour during initial startup of diesel-
driven vessels; or
    (iii) 12 minutes in one hour while anchoring, berthing, getting 
underway or maneuvering in Bartlett Cove.
    (5)-(6) [Reserved]
    (7) The information collection requirements contained in paragraph 
(b)(3) of this section have been approved by the Office of Management 
and Budget under 44 U.S.C. 3507 and assigned Clearance Number 1024-0016. 
The information is being collected to allow the superintendent to issue 
permits to allow vessels into Glacier Bay during the whale season. This 
information will be used to grant administrative benefits.

[50 FR 19886, May 10, 1985, as amended at 61 FR 27016, May 30, 1996; 64 
FR 56463, Oct. 20, 1999]



Sec. 13.66  Katmai National Park and Preserve.

    (a) [Reserved]
    (b) Fishing. Fishing is allowed in accordance with Sec. 13.21 of 
this chapter, but only with artificial lures and with the following 
additional exceptions:

[[Page 205]]

    (1) Bait, as defined by State law, may be used only on the Naknek 
River during times and dates established by the Alaska Department of 
Fish and Game, and only from markers located just above Trefon's cabin 
downstream to the park boundary.
    (2) Flyfishing only is allowed on the Brooks River between Brooks 
Lake and the posted signs near Brooks Camp.
    (3) No person may retain more than one fish per day caught on Brooks 
River, on the waters between the posted signs 200 yards from the outlet 
of Brooks lake, or on the water between the posted signs 200 yards from 
the mouth of the Brooks River on Naknek Lake.

[54 FR 18493, May 1, 1989]



Sec. 13.67  Kenai Fjords National Park.

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



Sec. 13.68  Klondike Gold Rush National Historical Park.

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



Sec. 13.69  Kobuk Valley National Park.

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

Ambler
Kiana
Kobuk
Kotzebue
Noorvik
Selawik
Shungnak

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



Sec. 13.70  Lake Clark National Park and Preserve.

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

Iliamna
Lime Village
Newhalen
Nondalton
Pedro Bay
Port Alsworth



Sec. 13.71  Noatak National Preserve. [Reserved]



Sec. 13.72  Sitka National Historical Park.

    (a) Camping. Overnight camping is prohibited.



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

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

Chisana
Chistochina
Chitina
Copper Center
Dot Lake
Gakona
Gakona Junction
Glennallen
Gulkana
Healy Lake
Kenny Lake
Lower Tonsina
McCarthy
Mentasta Lake
Nabesna
Northway/Northway Village/Northway Junction
Slana
Tanacross
Tazlina
Tetlin
Tok
Tonsina
Yakutat

    (2) How are boundaries determined for communities added to the park 
resident zone? Boundaries for communities and areas added to the park 
resident zone will be determined by the Superintendent after 
consultation with the affected area or community. If the Superintendent 
and community are not able to agree on a boundary within two years, the 
boundary of the area or community added will be the boundary of the 
Census Designated Place, or other area designation, used by the Alaska 
Department of Labor for census purposes for that community or area. 
Copies of the boundary map will be available in the park headquarters 
office.

[[Page 206]]

    (3) What communities are exempted from the aircraft prohibition for 
subsistence use? In extraordinary cases where no reasonable alternative 
exists local rural residents who permanently reside in the following 
exempted community(ies) may use aircraft for access to lands and waters 
within the park for subsistence purposes in accordance with a permit 
issued by the Superintendent:

Yakutat (for access to the Malaspina Forelands Area only)

[46 FR 31854, June 17, 1981, as amended at 67 FR 8483, Feb. 25, 2002]



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



             Subpart D--Special Visitor Services Regulations

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



Sec. 13.80  Applicability and scope.

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



Sec. 13.81  Definitions.

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

[[Page 207]]

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



Sec. 13.82  Historical operators.

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

[[Page 208]]

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

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



Sec. 13.83  Preferred operators.

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

[[Page 209]]

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

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



Sec. 13.84  Preference to Cook Inlet Region, Incorporated.

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

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



Sec. 13.85  Most directly affected Native Corporation.

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

[[Page 210]]

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

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



Sec. 13.86  Appeal procedures.

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



Sec. 13.87  Information collection.

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

[[Page 211]]

Interior (1024-0125), Washington, D.C. 20503.



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




                    Subpart A--Rights-of-Way: General

Sec.
14.1  Applicability.
14.2  Definitions.

                      Subpart B--Nature of Interest

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

                          Subpart C--Procedures

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

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

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

              Subpart E--Power Transmission Lines, General

14.70  Statutory authority.
14.71  Lands subject to grant.

     Subpart F--Principles and Procedures, Power Transmission Lines

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

                  Subpart G--Radio and Television Sites

14.90  Authority.
14.91  Procedures.

                Subpart H--Telephone and Telegraph Lines

14.95  Authority.
14.96  Procedures.

Appendix A to Part 14

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

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



                    Subpart A--Rights-of-Way: General



Sec. 14.1  Applicability.

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



Sec. 14.2  Definitions.

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

[[Page 212]]

    (h) Right-of-Way includes license, permit, or easement, as the case 
may be, and, where applicable, includes ``site''.

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



                      Subpart B--Nature of Interest



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



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

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



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

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



Sec. 14.8  Unauthorized occupancy.

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



Sec. 14.9  Terms and conditions.

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

[[Page 213]]

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



Sec. 14.10  Areas of National Park System.

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

[[Page 214]]



                          Subpart C--Procedures



Sec. 14.20  Application.



Sec. 14.21  Form.

    Application. The application shall be prepared and submitted in 
accordance with the requirements of this section. It should be in 
typewritten form or legible handwriting. It must specify that it is made 
pursuant to the regulations in this part and that the applicant agrees 
that the right-of-way if approved, will be subject to the terms and 
conditions of the applicable regulations contained in this part. It 
should also cite the act to be invoked and state the primary purposes 
for which the right-of-way is to be used. Applications shall be filed 
with the superintendent. If the right-of-way has been utilized without 
authority prior to the time the application is made, the application 
must state the date such utilization commenced and by whom, and the date 
the applicant alleges he obtained control of the improvements.



Sec. 14.22  Reimbursement of costs.

    (a)(1) An applicant for a right-of-way or a permit incident to a 
right-of-way shall reimburse the United States for administrative and 
other costs incurred by the United States in processing the application, 
including the preparation of reports and statements pursuant to the 
National Environmental Policy Act (42 U.S.C. 4321-4347), before the 
right-of-way or permit will be issued under the regulations of this 
part.
    (2) The regulations contained in this section do not apply to: (i) 
State or local governments or agencies or instrumentalities thereof 
where the lands will be used for governmental purposes and the lands and 
resources will continue to serve the general public; (ii) road use 
agreements or reciprocal road agreements; or (iii) Federal government 
agencies.
    (3) An applicant must submit with each application a nonreturnable 
payment in accordance with the following schedule:
    (i) Each right-of-way or permit incident to a right-of-way for 
crossing National Park System lands (e.g., for powerlines, pipelines, 
roads, and other linear facilities).

------------------------------------------------------------------------
                  Length                              Payments
------------------------------------------------------------------------
Less than 5 miles........................  $50 per mile or fraction
                                            thereof.
5 to 20 miles............................  $500.
20 miles and over........................  $500 for each 20 miles or
                                            fraction therof.
------------------------------------------------------------------------

    (ii) Each right-of-way or permit incident to a right-of-way, not 
included in paragraph (a)(3)(i) of this section (e.g., for communication 
sites, reservoir sites, plant sites, and other non-linear facilities)--
$250 for each 40 acres or fraction thereof.
    (iii) If a project has the features of paragraphs (a)(3) (i) and 
(ii) of this section in combination, the payment shall be the total of 
the amounts required by paragraphs (a)(3) (i) and (ii) of this section.
    (4) When an application is received, the authorized officer shall 
estimate the costs expected to be incurred by the United States in 
processing the application. If, in the judgment of the authorized 
officer, such costs will exceed the paragraph (a)(3) of this section, 
payment by an amount which is greater than the cost of maintaining 
actual cost records for the application review process, the authorized 
officer shall require the applicant to make periodic payments of the 
estimated reimbursable costs prior to the incurrence of such costs by 
the United States. Such payments may be refunded or adjusted as provided 
by paragraph (a)(8) of this section.
    (5) Prior to the issuance of any authorization for a right-of-way or 
permit incident to a right-of-way, the applicant will be required to pay 
additional amounts to the extent the costs of the United States have 
exceeded the payments required by paragraphs (a) (3) and (4) of this 
section.
    (6) An applicant whose application is denied shall be responsible 
for administrative and other costs incurred by the United States in 
processing its application, and such amounts as have not been paid in 
accordance with paragraphs (a) (3) and (4) of this section shall be due 
within thirty days of receipt of notice from the authorized officer of 
the amount due.
    (7) An applicant who withdraws its application before a decision is 
reached

[[Page 215]]

on it is responsible for costs incurred by the United States in 
processing such application up to the date upon which the authorized 
officer receives written notice of the withdrawal, and for costs 
subsequently incurred by the United States in terminating the 
application review process. Reimbursement of such costs shall be due 
within thirty days of receipt of notice from the authorized officer of 
the amount due.
    (8) If payment, as required by paragraphs (a)(4) and (b)(3) of this 
section exceeds actual costs to the United States, a refund may be made 
by the authorized officer from applicable funds, under authority of 43 
U.S.C. 1374, or the authorized officer may adjust the next billing to 
reflect the overpayment previously received. Neither an applicant nor a 
holder shall set off or otherwise deduct any debt due to or any sum 
claimed to be owed them by the United States without the prior written 
approval of the authorized officer.
    (9) The authorized officer shall on request give an applicant or a 
prospective applicant an estimate, based on the best available cost 
information, of the costs which would be incurred by the United States 
in processing an application. However, reimbursement will not be limited 
to the estimate of the authorized officer if actual costs exceed the 
projected estimate.
    (10) When two or more applications for rights-of-way are filed which 
the authorized officer determines to be in competition with each other, 
each shall reimburse the United States according to paragraphs (a) (3) 
through (7) of this section except that costs which are not readily 
identifiable with one of the applications, such as costs for an 
environmental impact statement on all the proposals, shall be paid by 
each of the applicants in equal shares.
    (11) The authorized officer may require an applicant to furnish 
security, in an amount acceptable to the authorized officer, by bond, 
guaranty, cash, certificate of deposit, or other means acceptable to the 
authorized officer, for costs under Sec. 14.22. The authorized officer 
may at any time, and from time to time, require such additional security 
or substitution of security as the authorized officer deems appropriate.
    (12) When an applicant for a right-of-way is a partnership, 
corporation, association, or other entity, and is owned or controlled, 
directly or indirectly, by one or more other entities, one or more of 
the owning or controlling entity or entities shall furnish security in 
an amount acceptable to the authorized officer, by bond, guaranty, cash, 
certificate of deposit or other means acceptable to the authorized 
officer, for costs under Sec. 14.22. The authorized officer may at any 
time, and from time to time, require such additional security or 
substitution of security as the authorized officer deems appropriate.
    (13) When through partnership, joint venture or other business 
arrangement, more than one person, partnership, corporation, association 
or other entity apply together for a right-of-way, each such applicant 
shall be jointly and severally liable for costs under Sec. 14.22.
    (14) When two or more noncompeting applications for rights-of-way 
are received for what, in the judgment of the authorized officer, is one 
right-of-way system, all the applicants shall be jointly and severally 
liable for costs under Sec. 14.22 for the entire system; subject, 
however, to the provisions of paragraphs (a) (11) through (13) of this 
section.
    (15) The regulations contained in Sec. 14.22 are applicable to all 
applications for rights-of-way or permits incident for rights-of-way 
over the public lands pending on June 1, 1975.
    (b)(1) After issuance of a right-of-way or permit incident to a 
right-of-way, the holder thereof shall reimburse the United States for 
costs incurred by the United States in monitoring the construction, 
operation, maintenance, and termination of authorized facilities on the 
right-of-way or permit area, and for protection and rehabilitation of 
the lands involved.
    (2) Each holder of a right-of-way or permit incident to a right-of-
way must submit within 60 days of the issuance thereof a nonreturnable 
payment in accordance with the following schedule:
    (i) Each right-of-way or permit incident to a right-of-way, for 
crossing National Park System lands (e.g., for powerlines, pipelines, 
roads, and other linear facilities).

[[Page 216]]



------------------------------------------------------------------------
                  Length                              Payment
------------------------------------------------------------------------
Less than 5 miles........................  $20 per mile or fraction
                                            thereof.
5 to 20 miles............................  $200.
20 miles and over........................  $200 for each 20 miles or
                                            fraction thereof.
------------------------------------------------------------------------

    (ii) Each right-of-way or permit incident to a right-of-way, not 
included in paragraph (b)(2)(i) of this section (e.g., for communication 
sites, reservoir sites, plant sites, and other nonlinear facilities)--
$100 for each 40 acres or fraction thereof.
    (iii) If a project has the feature of paragraphs (b)(2) (i) and (ii) 
of this section in combination, the payment shall be the total of the 
amounts required by paragraphs (b)(2) (i) and (ii) of this section.
    (3) When a right-of-way or permit incident to a right-of-way is 
issued, the authorized officer shall estimate the costs, based on the 
best available cost information, expected to be incurred by the United 
States in monitoring holder activity. If such costs exceed the paragraph 
(b)(2) payment by an amount which is greater than the cost of 
maintaining actual cost records for the monitoring process, the 
authorized officer shall require the holder to make periodic payments of 
the estimated reimbursable costs prior to the incurrence of such costs 
by the United States. Such payments may be refunded or adjusted as 
provided by paragraph (a)(8) of this section.
    (4) Following termination of a right-of-way or permit incident to a 
right-of-way, the former holder will be required to pay additional 
amounts to the extent the actual costs incurred by the United States 
have exceeded the payments required by paragraphs (b) (2) and (3) of 
this section.



Sec. 14.23  Showing as to organizations required of corporations.

    (a) An application by a private corporation must be accompanied by a 
copy of its charter or articles of incorporation, duly certified by the 
proper State official of the State where the corporation was organized.
    (b) A corporation, other than a private corporation, should file a 
copy of the law under which it was formed and due proof of organization 
under the same.
    (c) When a corporation is operating in a State other than that in 
which it was incorporated, it must submit a certificate of the Secretary 
of State or other proper official of the State that it has complied with 
the laws of that State governing foreign corporations to the extent 
required to entitle the company to operate in such State.
    (d) A copy of the resolution or bylaws of the corporation 
authorizing the filing of the application must also be filed.
    (e) If the corporation shall have previously filed with the National 
Park Service the papers required by this section, the requirements shall 
be held to be met if, in making subsequent applications, specific 
reference is made to such previous filing by date, place, and case 
number.



Sec. 14.24  Showing as to citizenship required.

    (a) Individuals. An individual applicant applying for a right-of-way 
under any right-of-way act, except the Act of March 3, 1891 (26 Stat. 
1101; 43 U.S.C. 946 et seq.), and the Act of January 13, 1897 (29 Stat. 
484; 43 U.S.C. 952-955), as amended, must state whether he is native 
born or naturalized, and, if naturalized, the date of naturalization, 
the court in which naturalized, and the number of the certificate, if 
known. If citizenship is claimed by virtue of naturalization of the 
father, evidence of his naturalization, and that the applicant resided 
in the United States thereafter while a minor, should be furnished. 
Where the husband and the wife are native born and a statement to that 
effect is made, additional information as to the marital status is not 
required. In other cases, a married woman or widow must show the date of 
her marriage; a widow must show, in addition, the date of the death of 
her husband.
    (b) Association of Individuals. An application by an association, 
including a partnership, must be accompanied by a certified copy of the 
articles of association, if any; if there be none, the application must 
be made over the signature of each member of the association. Each 
member must furnish evidence of citizenship where it would be required 
if he were applying individually.

[[Page 217]]



Sec. 14.25  Documents which must accompany application.

    (a) Maps. Each application, other than an appropriation for Federal-
aid highway purposes under Title 23, United States Code, section 317, 
must be accompanied by a map prepared on tracing linen, or on tracing 
paper having a 100 percent rag content, and three or, in the case of 
electric transmission lines, five print copies thereof, showing the 
survey of the right-of-way, properly located with respect to the public 
land surveys so that said right-of-way may be accurately located on the 
ground by any competent engineer or land surveyor. The map should comply 
with the following requirements:
    (1) The scale should be 2,000 feet to the inch for rights-of-way for 
such structures as canals, ditches, pipelines and transmission lines and 
1,000 feet to the inch for rights-of-way for reservoirs, except where a 
larger scale is required to represent properly the details of the 
proposed developments, in which case the scales should be 1,000 feet to 
the inch and 500 feet to the inch, respectively. For electric 
transmission lines having an nominal voltage of less than 33 kV. map 
scales may at option of the applicant be 5,280 feet to the inch.
    (2) Courses and distances of the center line of the right-of-way or 
traverse line of the reservoir should be given; the courses referred to 
the true meridian either by deflection from a line of known bearing or 
by independent observation, and the distances in feet and decimals 
thereof. Station numbers with plus distances at deflection points on the 
traverse line should be shown.
    (3) The initial and terminal points of the survey should be 
accurately connected by course and distance to the nearest corner of the 
public-land surveys, unless that corner is more than 6 miles distant, in 
which case the connection will be made to some prominent natural object 
or permanent monument, which can be readily recognized and recovered. 
The station number and plus distance to the point of intersection with a 
line of the public-land surveys should be ascertained and noted, 
together with the course and distance along the section line to the 
nearest existing corner, at a sufficient number of points throughout the 
township to permit accurate platting of the relative position of the 
right-of-way to the public-land survey.
    (4) If the right-of-way is across or within lands which are not 
covered by the public-land surveys, the map shall be made in terms of 
the boundary survey of the land to the extent it would be required above 
to be made in terms of the public-land surveys.
    (5) All subdivisions of the public-land surveys within the limits of 
the survey should be shown in their entirety, based upon the official 
subsisting plats, with the subdivisions, section, township, and range 
clearly marked.
    (6) The width of the canal, ditch, or lateral at high-water line 
should be given and the width of all other rights-of-way shall be given. 
If the width is not uniform, the location and amount of the change in 
width must be definitely shown. In the case of a pipeline, the diameter 
of the line should be given. The total distance of the right-of-way on 
the Federal lands shall be stated.
    (7) Each copy of the map should bear upon its face a statement of 
the engineer who made the survey and the certificate of the applicant. 
The statement and certificate referred to are embodied in Forms 1 and 2 
(Appendix A) which are made a part hereof and which should be modified 
so as to be appropriate to the act invoked and the nature of the 
project.
    (8) Whenever it is found that a public land survey monument or 
reservation boundary monument will be destroyed or rendered inaccessible 
by reason of the proposed development, at least two permanent marked 
witness monuments should be established at suitable points, preferably 
on the surveyed lines. A brief description of the witness monuments and 
the connecting courses and distances to the original corners should be 
shown.
    (b) Evidence of water right. If the project involves the storage, 
diversion, or conveyance of water, the applicant must file a statement 
of the proper State official, or other evidence, showing that he has a 
right to the use of the water. Where the State official requires an 
applicant to obtain a right-of-way as a prerequisite to the issuance

[[Page 218]]

of evidence of a water right, if all else be regular, a right-of-way may 
be granted conditioned only upon the applicant's filing the required 
evidence of water right from the State official within specified 
reasonable time. The conditional right-of-way will terminate at the 
expiration of the time allowed.



Sec. 14.26  Payment required; exceptions; default; revision of charges.

    (a) Except as provided in paragraphs (b) and (c) of this section, 
the charge for use and occupancy of lands under the regulations of this 
part will be the fair market value of the permit, right-of-way, or 
easement, as determined by appraisal by the authorized officer. Periodic 
payments or a lump-sum payment, both payable in advance, will be 
required at the discretion of such officer: (1) When periodic payments 
are required, the applicant will be required to make the first payment 
before the permit, right-of-way, or easement will be issued; (2) upon 
the voluntary relinquishment of such an instrument before the expiration 
of its term, any payment made for any unexpired portion of the term will 
be returned to the payer upon a proper application for repayment to the 
extent that the amount paid covers a full permit, right-of-way, or 
easement year or years after the formal relinquishment: Provided, That 
the total rental received and retained by the Government for that 
permit, right-of-way, or easement, shall not be less than $25. The 
amount to be so returned will be the difference between the total 
payments made and the value of the expired portion of the term 
calculated on the same basis as the original payments.
    (b) Except as provided in paragraph (c) of this section, the charge 
for use and occupancy of lands under the regulations of this part shall 
not be less than $25 per five-year period for any permit, right-of-way, 
or easement issued.
    (c) No charge will be made for the use and occupancy of lands under 
the regulations of this part:
    (1) Where the use and occupancy are exclusively for irrigation 
projects, municipally operated projects, or nonprofit or Rural 
Electrification Administration projects, or where the use is by a 
Federal governmental agency.
    (2) Where the permit, right-of-way, or easement is granted under the 
regulations in Subpart D.
    (d) If a charge required by this section is not paid when due, and 
such default shall continue for 30 days after notice, action may be 
taken to cancel the permit, right-of-way, or easement. After default has 
occurred, structures, buildings, or other equipment may be removed from 
the servient lands except upon written permission first obtained from 
the authorized officer.
    (e) At any time not less than five years after either the grant of 
the permit, right-of-way, or easement or the last revision of charges 
thereunder, the authorized officer, after reasonable notice and 
opportunity for hearing, may review such charges and impose such new 
charges as may be reasonable and proper commencing with the ensuing 
charge year.
    (f) The provisions of this section shall not have the effect of 
changing, modifying, or amending the rental rates or charges imposed for 
existing water power projects under rights-of-way previously approved by 
this Department.



Sec. 14.27  Application and use procedure.



Sec. 14.28  Incomplete application and reports.

    Where an application is incomplete or not in conformity with the law 
or regulations the authorized officer may, in his discretion, (1) notify 
the applicant of the deficiencies and provide the applicant with an 
opportunity to correct the deficiencies; or (2) the authorized officer 
may reject the application.



Sec. 14.29  Timely construction.

    (a) Unless otherwise provided by law, a period of up to five years 
from the date a right-of-way is granted is allowed for completion of 
construction. Within 90 days after completion of construction or after 
all restoration stipulations have been complied with, whichever is 
later, proof of construction, on forms approved by the Director, shall 
be submitted to the authorized officer.

[[Page 219]]

    (b) The time for filing proof of construction may be extended by the 
authorized officer, unless prohibited by law, upon a satisfactory 
showing of the need therefor and the filing of a progress report, 
demonstrating that due diligence toward completion of the project is 
being exercised, for reasonable lengths of time not to exceed a total of 
ten years from the date of issuance of the right-of-way.



Sec. 14.30  Nonconstruction, abandonment or nonuse.

    Unless otherwise provided by law, rights-of-way are subject to 
cancellation by the authorized officer for failure to construct within 
the period allowed and for abandonment or nonuse.



Sec. 14.31  Deviation from approved right-of-way.

    No deviation from the location of an approved right-of-way shall be 
undertaken without the prior written approval of the authorized officer. 
The authorized officer may require the filing of an amended application 
in accordance with Sec. 14.20 wherein the authorized officer's judgment 
the deviation is substantial.



Sec. 14.32  Revocation or cancellation.



Sec. 14.33  Order of cancellation.

    All rights-of-way approved pursuant to this part, shall be subject 
to cancellation for the violation of any of the provisions of this part 
applicable thereto or for the violation of the terms or conditions of 
the right-of-way. No right-of-way shall be deemed to be cancelled except 
on the issuance of a specific order of cancellation.



Sec. 14.34  Change in jurisdiction over lands.

    A change in jurisdiction over the lands from one Federal agency to 
another will not cancel a right-of-way involving such lands. It will 
however, change the administrative jurisdiction over the right-of-way.



Sec. 14.35  Transfer of right-of-way.



Sec. 14.36  Method of filing.

    Any proposed transfer in whole or in part of any right, title or 
interest in a right-of-way, or permit incident to a right-of-way 
acquired under any law, except the Act of March 3, 1891 (26 Stat. 1101; 
43 U.S.C. 946-949), must be filed in accordance with Sec. 14.20 for 
approval, must be accompanied by the same showing of qualifications of 
the transferee as is required of the applicant, and must be supported by 
a stipulation that the assignee agrees to comply with and to be bound by 
the terms and conditions of the right-of-way. No transfer will be 
recognized unless and until it is first approved in writing by the 
authorized officer.



Sec. 14.37  Reimbursement of costs.

    All filings for transfer approval made pursuant to this section, 
except as to rights-of-way or permits incident to rights-of-way excepted 
by Sec. 14.22(a)(4), must be accompanied by a nonrefundable payment of 
$25.



Sec. 14.38  Disposal of property on termination of right-of-way.

    Upon the termination of a right-of-way by expiration or by prior 
cancellation, in the absence of any agreement to the contrary, if all 
monies due the Government thereunder have been paid, the holder of the 
right-of-way will be allowed six months or such additional time as may 
be granted in which to remove from the right-of-way all property or 
improvements of any kind, other than a road and usable improvements to a 
road, placed thereon by him; but if not removed within the time allowed, 
all such property and improvements shall become the property of the 
United States.



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



Sec. 14.50  Authority.

    (a) Title 23, United States Code, section 107, paragraph (d), 
provides that whenever rights-of-way, including control of access, on 
the National System of Interstate and Defense Highways are required over 
lands or interests in lands owned by the United States, Secretary of 
Transportation may make such arrangements with the agency having 
jurisdiction over such lands as may be necessary to give the State or

[[Page 220]]

other person constructing the projects on such lands adequate rights-of-
way and control of access thereto from adjoining lands. It directs any 
such agency to cooperate with the Secretary of Transportation in this 
connection.
    (b) Title 23, United States Code, section 317, provides that:
    (1) If the Secretary of Transportation determines that any part of 
the lands or interests in lands owned by the United States is reasonably 
necessary for the right-of-way of any highway constructed on the 
Federal-aid primary system, the Federal-aid secondary system and the 
National System of Interstate and Defense Highways, or under Title 23, 
United States Code, Chapter 2, or as a source of materials for the 
construction or maintenance of any such highway adjacent to such lands 
or interests in lands, the Secretary of Transportation shall file with 
the Secretary of the Department supervising the administration of such 
lands or interests in lands a map showing the portion of such lands or 
interests in lands which it is desired to appropriate.
    (2) If within a period of 4 months after such filing the Secretary 
of such department shall not have certified to the Secretary of 
Transportation that the proposed appropriation of such land or material 
is contrary to the public interest or inconsistent with the purposes for 
which such lands or materials have been reserved or shall have agreed to 
the appropriation and transfer under conditions which he deems necessary 
for the adequate protection and utilization of the reserve, then such 
lands and materials may be appropriated and transferred to the State 
highway department or its nominee, for such purposes and subject to the 
conditions so specified.



Sec. 14.51  Extent of grant.

    By decision of the Secretary, Nevada Department of Highways, 
A.24151, September 1945, it was held that the law imports discretion and 
indicates no intent to vest in the State a right at the end of the four 
months' period without further action by the Department having 
jurisdiction. It was held further that the interest transferred under 
the statute is merely a right-of-way or right to take materials and that 
the Government may reserve the right to dispose of leasable minerals.



Sec. 14.52  Termination of right-of-way no longer needed.

    If at any time the need for any such lands or materials for such 
purposes shall no longer exist, notice of the fact shall be given by the 
State highway department to the Secretary of Transportation and such 
lands or materials shall immediately revert to the control of the 
Secretary of the Department from which they had been appropriated. 
Notice by the State highway departments, that the need for the land or 
material no longer exists may be given directly to the Bureau which 
granted the rights.



Sec. 14.53  Application.



Sec. 14.54  General.

    Applications for rights-of-way and material sites under title 23, 
U.S.C., for lands under the jurisdiction of the National Park Service, 
together with four copies of a durable and legible map shall be filed by 
the appropriate State highway department with the Director, National 
Park Service, Department of Interior, Washington, D.C. 20240. Maps 
should accurately describe the land or interest in land desired, showing 
the survey of the right-of-way, properly located with respect to the 
public land surveys so that said right-of-way may be accurately located 
on the ground by any competent engineer or land surveyor. The map should 
comply with the requirements of Sec. 14.25(a).



Sec. 14.55  Consultation with local bureau officials, program values.

    An applicant will be expected, at the earliest possible date prior 
to the filing of an application, to consult with the local officials of 
the National Park Service to ascertain whether or not the use or 
appropriation of the lands for right-of-way purposes is consistent with 
the Service's management program and to agree to such measures as may be 
necessary to maintain program values. Failure to do so may lead to an 
unresolvable conflict of interest and necessitate disallowance of the 
application.

[[Page 221]]



Sec. 14.56  Concurrence by Federal Highway Administration.

    The appropriate State highway department will forward a copy of each 
application and map filed with the National Park Service to the 
authorized officer of the Federal Highway Administration for a 
determination whether the lands and interests in lands are necessary for 
the purposes of Title 23, United States Code.



Sec. 14.57  Approval.

    After receipt of such determination that the lands or interests in 
lands under application are reasonably necessary for the purposes of 
Title 23, U.S.C., the authorized officer of the National Park Service 
will notify the applicant and the authorized officer of the Federal 
Highway Administration either (a) that the approval of the application 
would be contrary to the public interest or inconsistent with the 
purposes for which the lands or materials have been reserved or (b) that 
he proposes to grant the right-of-way under the regulations of this 
part, subject to said regulations and to such conditions which he 
indicates in his notice.



Sec. 14.58  Terms and conditions of allowance.

    Grants of rights-of-way under Title 23, U.S.C., by the authorized 
officer of the National Park Service will be made to the appropriate 
State highway department or to its nominee and based upon considerations 
of adequate protection and utilization of Federal lands and interests in 
lands will be subject to (a) all the pertinent regulations of this part 
except those which the authorized officer, upon formal request of the 
applicant may modify or dispense with, in whole or in part, upon a 
finding that it is in the public interest and in conformity with the 
purposes of Title 23, U.S.C., and (b) any conditions which he deems 
necessary. Grants of highway right-of-way under this subpart may include 
an appropriation and release to the State or its nominee of all rights 
of the United States, as owner of underlying and abutting lands, to 
cross over or gain access to the highway from its lands crossed by or 
abutting the right-of-way, subject to such terms and conditions and for 
such duration as the authorized officer of the National Park Service 
deems appropriate.



Sec. 14.59  Additional rights-of-way within highway rights-of-way.

    A right-of-way granted under this subpart confers upon the grantee 
the right to use the lands within the right-of-way for highway purposes 
only. Separate application must be made under pertinent statutes and 
regulations in order to obtain authorization to use the lands within 
such rights-of-way for other purposes. Additional rights-of-way will be 
subject to the highway rights-of-way. Future relocation or change of the 
additional right-of-way made necessary by the highway use will be 
accomplished at the expense of the additional right-of-way grantee. 
Prior to the granting of an additional right-of-way the applicant 
therefor will submit to the authorized officer a written statement from 
the highway right-of-way grantee indicating any objections it may have 
thereto, and such stipulations as it considers desirable for the 
additional right-of-way.



Sec. 14.60  General.

    No application under the regulations of this part is required for a 
right-of-way within the limits of a highway right-of-way granted 
pursuant to Title 23, United States Code, for facilities usual to a 
highway, except (a) where terms of the grant or a provision of law 
specifically requires the filing of an application for a right-of-way, 
(b) where the right-of-way is for electric transmission facilities which 
are designed for operation at a nominal voltage of 33 KV or above or for 
conversion to such operation, or (c) where the right-of-way is for oil 
or gas pipelines which are part of a pipeline crossing other public 
lands, or if not part of such a pipeline, which are more than two miles 
long. When an application is not required under the provisions of this 
subparagraph, qualified persons may appropriate rights-of-way for such 
usual highway facilities with the consent of the holder of the highway 
right-of-way, which holder will be responsible for compliance with 
Sec. 14.9, in connection with the construction and maintenance of such 
facilities.

[[Page 222]]



Sec. 14.61  Terms of grant.

    Except as modified by Sec. 14.60 of this subpart, rights-of-way 
within the limits of a highway right-of-way granted pursuant to Title 23 
U.S.C., and applications for such rights-of-way, are subject to all the 
regulations of this part pertaining to such rights-of-way.



              Subpart E--Power Transmission Lines, General



Sec. 14.70  Statutory authority.

    (a) The Act of February 15, 1901 (31 Stat. 790; 43 U.S.C. 959), 
authorizes the Secretary under such regulations as he may fix, to permit 
the use of rights-of-way through public lands and certain reservations 
of the United States, for electrical plants, poles, and lines for the 
generation and distribution of electrical power, and for telephone and 
telegraph purposes, and for pipe lines, canals, ditches, water plants, 
and other purposes to the extent of the ground occupied by such canals, 
ditches, water plants, or other works permitted thereunder and not to 
exceed 50 feet on each side of the marginal limits thereof, or not to 
exceed 50 feet on each side of the center line of such pipe lines, 
telephone and telegraph lines, and transmission lines, by any citizen, 
association, or corporation of the United States, where it is intended 
by such to exercise the use permitted under the Act.
    (b) The Act of March 4, 1911 (36 Stat. 1253; 43 U.S.C. 961), as 
amended, authorizes the head of the department having jurisdiction over 
the lands, under general regulations fixed by him, to grant an easement 
for rights-of-way for a period not exceeding 50 years, over and across 
public lands and reservations of the United States, for poles and lines 
for the transmission and distribution of electrical power, and for poles 
and lines for communication purposes and for radio, television and other 
forms of communication transmitting, relay and receiving structures and 
facilities to the extent of 200 feet on each side of the center line of 
such lines and poles and not to exceed four hundred feet by four hundred 
feet for superstructures and facilities to any citizen, association, or 
corporation of the United States, where it is intended by such to 
exercise the use permitted under the Act.



Sec. 14.71  Lands subject to grant.

    Permission may be given under the Act of February 15, 1901, and the 
Act of March 4, 1911, for a right-of-way over unsurveyed lands as well 
as surveyed lands.



     Subpart F--Principles and Procedures, Power Transmission Lines



Sec. 14.75  Nature of interest.



Sec. 14.76  Terms and conditions.

    (a) By accepting a right-of-way for a power transmission line, the 
applicant thereby agrees and consents to comply with and be bound by the 
following terms and conditions, excepting those which the Secretary may 
waive in a particular case, in addition to those specified in Sec. 14.9.
    (1) To protect in a workmanlike manner, at crossings and at places 
in proximity to his transmission lines on the right-of-way authorized, 
in accordance with the rules prescribed in the National Electric Safety 
Code, all Government and other telephone, telegraph, and power 
transmission lines from contact and all highways and railroads from 
obstruction, and to maintain his transmission lines in such manner as 
not to menace life or property.
    (2) Neither the privilege nor the right to occupy or use the lands 
for the purpose authorized shall relieve him of any legal liability for 
causing inductive or conductive interference between any project 
transmission line or other project works constructed, operated, or 
maintained by him on the servient lands, and any radio installation, 
telephone line, or other communication facilities now or hereafter 
constructed and operated by the United States or any agency thereof.
    (3) Each application for authority to survey, locate, commence 
construction work and maintain a facility for the generation of electric 
power and energy or for the transmission or distribution of electric 
power and energy of 33 kilovolts or higher under this subpart shall be 
referred by the authorized officer to

[[Page 223]]

the Secretary of the Interior to determine the relationship of the 
proposed facility to the power marketing program of the United States. 
Where the proposed facility will not conflict with the program of the 
United States the authorized officer, upon notification to that effect, 
will proceed to act upon the application. In the case of necessary 
changes respecting the proposed location, construction, or utilization 
of the facility in order to eliminate conflicts with the power-marketing 
program of the United States, the authorized officer shall obtain from 
the applicant written consent to or compliance with such requirements 
before taking further action on the application: Provided however, That 
if increased costs to the applicant will result from changes to 
eliminate conflicts with the power-marketing program of the United 
States, and it is determined that a right-of-way should be granted, such 
changes will be required upon equitable contract arrangements covering 
costs and other appropriate factors.
    (4) The applicant shall make provision, or bear the reasonable cost 
(as may be determined by the Secretary) of making provision for avoiding 
inductive or conductive interference between any transmission facility 
or other works constructed, operated, or maintained by it on the right-
of-way authorized under the grant and any radio installation, telephone 
line, or other communication facilities existing when the right-of-way 
is authorized or any such installation, line or facility thereafter 
constructed or operated by the United States or any agency thereof. This 
provision shall not relieve the applicant from any responsibility or 
requirement which may be imposed by other lawful authority for avoiding 
or eliminating inductive or conductive interference.
    (5) An applicant for a right-of-way for a transmission facility 
having a voltage of 66 kilovolts or more must, in addition to the 
requirements of Subpart C, execute and file with its application a 
stipulation agreeing to accept the right-of-way grant subject to the 
following conditions:
    (i) In the event the United States, pursuant to law, acquires the 
applicant's transmission or other facilities constructed on or across 
such right-of-way, the price to be paid by the United States shall not 
include or be affected by any value of the right-of-way granted to the 
applicant under authority of the regulations of this part.
    (ii) The Department of the Interior shall be allowed to utilize for 
the transmission of electric power and energy and surplus capacity of 
the transmission facility in excess of the capacity needed by the holder 
of the grant (subsequently referred to in this paragraph as ``holder'') 
for the transmission of electric power and energy in connection with the 
holder's operations, or to increase the capacity of the transmission 
facility at the Department's expense and to utilize the increased 
capacity for the transmission of electric power and energy utilization 
by the Department of surplus or increased capacity shall be subject to 
the following terms and conditions:
    (A) When the Department desires to utilize surplus capacity thought 
to exist in the transmission facility, notification will be given to the 
holder and the holder shall furnish to the Department within 30 days a 
certificate stating whether the transmission facility has any surplus 
capacity not needed by the holder for the transmission of electric power 
and energy in connection with the holder's operations and, if so, the 
amount of such surplus capacity.
    (B) Where the certificate indicates that there is no surplus 
capacity or that the surplus capacity is less than that required by the 
Department the authorized officer may call upon the holder to furnish 
additional information upon which its certification is based. Upon 
receipt of such additional information the authorized officer shall 
determine, as a matter of fact, if surplus capacity is available and, if 
so, the amount of such surplus capacity.
    (C) In order to utilize any surplus capacity determined to be 
available, or any increased capacity provided by the Department at its 
own expense, the Department may interconnect its transmission facilities 
with the holder's transmission facility in a manner conforming to 
approved standards of practice for the interconnection of transmission 
circuits.

[[Page 224]]

    (D) The expense of interconnection will be borne by the Department, 
and the Department will at all times provide and maintain adequate 
protective equipment to insure the normal and efficient operation of the 
holder's transmission facilities.
    (E) After any interconnection is completed, the holder shall operate 
and maintain its transmission facilities in good condition, and, except 
in emergencies, shall maintain in a closed position all connections 
under the holder's control necessary to the transmission of the 
Department's power and energy over the holder's transmission facilities. 
The parties may by mutual consent open any switch where necessary or 
desirable for maintenance, repair or construction.
    (F) The transmission of electric power and energy by the Department 
over the holder's transmission facilities will be effected in such 
manner, as will not interfere unreasonably with the holder's use of the 
transmission facilities in accordance with the holder's normal operating 
standards, except that the Department shall have the exclusive right to 
utilize any increased capacity of the transmission facility which has 
been provided at the Department's expense.
    (G) The holder will not be obligated to allow the transmission of 
electric power and energy by the Department to any person receiving 
service from the holder on the date of the filing of the application for 
a grant, other than statutory preference customers including agencies of 
the Federal Government.
    (H) The Department will pay to the holder an equitable share of the 
total monthly cost of that part of the holder's transmission facilities 
utilized by the Department for the transmission of electric power and 
energy the payment to be an amount in dollars representing the same 
proportion of the total monthly cost of such part of the transmission 
facilities as the maximum amount in kilowatts of the power transmitted 
on a scheduled basis by the Department over the holder's transmission 
facilities bears to the total capacity in kilowatts of that portion of 
the transmission facilities. The total monthly cost will be determined 
in accordance with the system of accounts prescribed by the Federal 
Power Commission, exclusive of any investment by the Department in the 
part of the transmission facilities utilized by the Department.
    (I) If, at any time subsequent to a certification by the holder or 
determination by the authorized officer that surplus capacity is 
available for utilization by the Department, the holder needs for the 
transmission of electric power and energy in connection with its 
operations the whole or any part of the capacity of the transmission 
facility theretofore certified or determined as being surplus to its 
needs, the holder may request the authorized officer to modify or revoke 
the previous certification or determination by making application to the 
authorized officer not later than 36 months in advance of the holder's 
needs. Any modification or revocation of the certification or 
determination shall not affect the right of the Department to utilize 
facilities provided at its expense or available under a contract entered 
into by reason of the equitable contract arrangements provided for in 
this section.
    (J) If the Department and the holder disagree as to the existence or 
amount of surplus capacity in carrying out the terms and conditions of 
this paragraph, the disagreement shall be decided by a board of three 
persons composed as follows: The holder and the authorized officer shall 
each appoint a member of the board and the two members shall appoint a 
third member. If the members appointed by the holder and the authorized 
officer are unable to agree on the designation of the third member, he 
shall be designated by the Chief Judge of the United States Court of 
Appeals of the circuit in which the major share of the facilities 
involved is located. The board shall determine the issue and its 
determination, by majority vote, shall be binding on the Department and 
the holder.
    (K) As used in this section, the term ``transmission facility'' 
includes (1) all types of facilities for the transmission of electric 
power and energy and facilities for the interconnection of such 
facilities, and (2) the entire transmission line and associated 
facilities, from substation or interconnection point to

[[Page 225]]

substation or interconnection point, of which the segment crossing the 
lands of the United States forms a part.
    (L) The terms and conditions prescribed in this paragraph may be 
modified at any time by means of a supplemental agreement negotiated 
between the holder and the Secretary of the Interior or his designee.
    (b) Unless otherwise specified in a right-of-way granted under the 
Act of March 4, 1911, and unless sooner cancelled, the right-of-way 
shall expire 50 years from the date thereof. If, however, within the 
period of 1 year prior to the expiration date, the grantee shall file, 
in accordance with Sec. 14.20, a written application to renew the right-
of-way, and shall agree to comply with all the laws and regulations 
existing at such expiration date governing the occupancy and use of the 
lands of the United States for the purpose desired, the right-of-way may 
be renewed for a period of not to exceed 50 years. If such application 
is filed, the existing right-of-way will be extended subject to then 
existing and future rules and regulations, pending consideration of the 
application.



Sec. 14.77  Procedures. [Reserved]



Sec. 14.78  Applications.

    (a) Applications filed. Application under the Act of February 15, 
1901, or the Act of March 4, 1911, for permission to use the desired 
right-of-way through National Park Service areas must be filed and 
approved before any rights can be claimed thereunder.
    (b) Required showings. (1) A description of the plant or connecting 
generating plants which generate the power to be transmitted over such 
line, such description to be in sufficient detail to show, to the 
satisfaction of the authorized officer, the character, capacity, and 
location of such plants.
    (2) A description of the transmission line of which the line for 
which a right-of-way is requested forms a part, giving in reasonable 
detail the points between which it will extend, its characteristics and 
purpose. There must also be included a statement as to the voltage for 
which the line is designed and at which it is to be operated initially, 
and a statement as to whether it is to serve a single customer, or a 
number of customers, or is intended to transmit power solely for the 
applicant's use. If the line is to serve a single customer or is for the 
applicant's own use, the nature of such use must be given (such as 
airway beacon, coal mine, and irrigation pumps).
    (3) The application and maps shall specify the width of the right-
of-way desired. Rights-of-way for power lines will be limited to 50 feet 
on each side of the centerline unless sufficient justification is 
furnished for a greater width and it is otherwise authorized by law.
    (4) If the line is to have a nominal voltage of 66 kilovolts or 
more, the application should include a one-line diagram of the proposed 
line and the immediate interconnecting facilities including power plants 
and substations, a power flow diagram for proposed line and connecting 
major lines showing conditions under normal use, and typical structure 
drawings of proposed line showing construction dimensions and list of 
materials.
    (5) Any application under the Act of March 4, 1911, for a line 
right-of-way in excess of 100 feet in width or for a structure or 
facility right-of-way over 10,000 square feet must state the reasons why 
the larger right-of-way is required. Rights-of-way will not be issued in 
excess of such sizes in the absence of a satisfactory showing of the 
need therefor.
    (6)(i) A detailed description of the environmental impact of the 
project shall be included with the application. It shall provide, among 
other things, information about the impact of the project on airspace, 
air and water quality, scenic and esthetic features, historical and 
archeological features, and wildlife, fish, and marine life.
    (ii) The proposed site, design, and construction of the project 
shall be consistent with the ``Environmental Criteria for Electric 
Transmission Lines,'' prescribed jointly by the Secretary of 
Agriculture, as well as such other environmental criteria and guidelines 
as the National Park Service shall from time to time prescribe. 
``Environmental Criteria for Electric Transmission Systems'' is 
available

[[Page 226]]

from the Superintendent of Documents, U.S. Government Printing Office, 
Washington, D.C. 20402.
    (iii) If all other requirements are met, the application may be 
approved if it is determined that the beneficial purposes and effects of 
the project will not be outweighed by an adverse environmental impact. 
If the authorized officer determines that the application cannot be 
approved as proposed, he will, whenever possible, suggest alternative 
routes or methods of construction, or other modifications which if 
adopted by the applicant would make the application acceptable.



                  Subpart G--Radio and Television Sites



Sec. 14.90  Authority.

    The Act of March 4, 1911, (36 Stat. 1253; 43 U.S.C. 961), as 
amended, authorizes the head of the department having jurisdiction over 
the lands, under general regulations fixed by him, to grant an easement 
for rights-of-way for a period not exceeding 50 years, over and across 
public lands and reservations of the United States, for poles and lines 
for the transmission and distribution of electrical power, and for poles 
and lines for communication purposes and for radio, television and other 
forms of communication transmitting, relay and receiving structures and 
facilities to the extent of 200 feet on each side of the center line of 
such lines and poles and not to exceed four hundred feet by four hundred 
feet for superstructures and facilities to any citizen, association, or 
corporation of the United States, where it is intended by such to 
exercise the use permitted under the Act.



Sec. 14.91  Procedures.

    (a) Any application under the Act of March 4, 1911, for a line 
right-of-way in excess of 100 feet in width or for a structure or 
facility right-of-way of over 10,000 square feet must state the reasons 
why the larger right-of-way is required. Rights-of-way will not be 
issued in excess of such sizes in the absence of a satisfactory showing 
of the need therefor.
    (b) When an application is made for a right-of-way for a site for a 
water plant or for a communication structure or facility, the location 
and extent of ground proposed to be occupied by buildings or other 
structures necessary to be used in connection therewith must be clearly 
designated on the map by reference to course and distance from a corner 
of the public survey. In addition to being shown in connection with the 
main drawing, the buildings or other structures must be platted on the 
map in a separate drawing on a scale sufficiently large to show clearly 
their dimensions and relative positions. When two or more such proposed 
structures are to be located near each other, it will be sufficient to 
give the reference to a corner of the public survey for one of them 
provided all the others are connected therewith by course and distance 
shown on the map. The application must also state the proposed use of 
each structure, must show definitely that each one is necessary for a 
proper use of the right-of-way for the purpose contemplated in the Act 
of March 4, 1911. If the right-of-way is within reservation lands which 
are not covered by the public land surveys, the map shall be made in 
terms of the boundary survey of the reservation to the extent it would 
be required above to be made in terms of the public land survey.



                Subpart H--Telephone and Telegraph Lines



Sec. 14.95  Authority.

    (a) The Act of February 15, 1901 (31 Stat. 790; 43 U.S.C. 959), 
authorizes the Secretary, under such regulations as he may fix, to 
permit the use of rights-of-way through public lands and certain 
reservations of the United States, for electrical plants, poles, and 
lines for the generation and distribution of electrical power, and for 
telephone and telegraph purposes, and for pipelines, canals, ditches, 
water plants, and other purposes to the extent of the ground occupied by 
such canals, ditches, water plants, or other works permitted thereunder 
and not to exceed 50 feet on each side of the marginal limits thereof, 
or not to exceed 50 feet on each side of the center line of such pipe 
lines, telephone and telegraph lines, and transmission lines, by any 
citizen, association, or

[[Page 227]]

corporation of the United States, where it is intended by such to 
exercise the use permitted under the Act.
    (b) The Act of March 4, 1911 (36 Stat. 1253; 43 U.S.C. 961), as 
amended, authorizes the head of the department having jurisdiction over 
the lands under general regulations fixed by him, to grant an easement 
for rights-of-way for a period not exceeding 50 years, over and across 
public lands and reservations of the United States, for poles and lines 
for the transmission and distribution of electrical power, and for poles 
and lines for communication purposes and for radio, television and other 
forms of communication transmitting, relay and receiving structures and 
facilities to the extent of 200 feet on each side of the center line of 
such lines and poles and not to exceed 400 feet by 400 feet for 
superstructures and facilities to any citizen, association, or 
corporation of the United States, where it is intended by such to 
exercise the use permitted under the Act.



Sec. 14.96  Procedures.

    Any application under the Act of March 4, 1911, for line right-of-
way in excess of 100 feet in width or for a structure or facility right-
of-way of over 10,000 square feet must state the reasons why the larger 
right-of-way is required. Rights-of-way will not be issued in excess of 
such sizes in the absence of a satisfactory showing of the need 
therefor.

                          Appendix A to Part 14

    Where necessary, these forms should be modified so as to be 
appropriate to the applicant (corporation, association, or individual), 
to the act involved, and to the nature of the project.

                                  Form

    References should be made to the appropriate section of the 
regulations to determine when each of the forms is required.
    Form No. 2 may be signed by any officer or employee of the company 
who is authorized to sign it. However, if it is executed by a person 
other than the President, it must be accompanied by a certified copy of 
the minutes of the Board of Directors meeting or other document 
authorizing such signature unless such certified copy has already been 
filed in the case.
    Forms 1 and 2 to be placed on maps. See Sec. 14.25(a)(7).

                          Engineer's Statement

                                (Form 1)

    ----------(Name of engineer) states he is by occupation a ----------
(Type of engineer) employed by the ----------(Company) to make the 
survey of the ----------(Kind of works) as described and shown on this 
map; that the survey of said works made by him (or under his 
supervision) and under authority, commencing on the ------ day of ------ 
19---- and ending on the ------ day of ------, 19----; and that such 
survey is accurately represented upon this map.
--------------------
Engineer

                         Applicant's Certificate

                                (Form 2)

    This is to certify that ---------- (Engineer), who subscribed the 
statement hereon, is the person employed by the undersigned applicant to 
prepare this map, which has been adopted by the applicant as the 
approximate final location of the works thereby shown, and that this map 
is filed as a part of the complete application, and in order that the 
applicant may obtain the benefits of ----------(Cite statute); and I 
further certify that the right-of-way herein described is desired for
(state purpose)_________________________________________________________
    (Seal)
________________________________________________________________________
Signature of Applicant
________________________________________________________________________
Title
________________________________________________________________________
Company
Attest:



PART 17--CONVEYANCE OF FREEHOLD AND LEASEHOLD INTERESTS ON LANDS OF THE
 NATIONAL PARK SYSTEM--Table of Contents




Sec.
17.1  Authority.
17.2  Definitions.
17.3  Lands subject to disposition.
17.4  Notice.
17.5  Bids.
17.6  Action at close of bidding.
17.7  Preference rights.
17.8  Conveyance.

    Authority: Sec. 5(a), of the Act of July 15, 1968, 82 Stat. 354, 16 
U.S.C. 460l-22(a).

    Source: 42 FR 46302, Sept. 15, 1977, unless otherwise noted.



Sec. 17.1  Authority.

    Section 5(a) of the Act of July 15, 1968, 82 Stat. 354, 16 U.S.C. 
4601-22(a),

[[Page 228]]

authorizes the Secretary of the Interior, under specified conditions, to 
convey a leasehold or freehold interest on federally owned real property 
acquired by the Secretary from non-Federal sources within any unit of 
the National Park System except national parks and those national 
monuments of scientific significance. This legislation is referred to as 
``the act'' in regulations in this part.



Sec. 17.2  Definitions.

    As used in the regulations in this part:
    (a) Authorized officer shall mean an officer or employee of the 
National Park Service designated to conduct the sale or lease and 
delegated authority to execute all necessary documents, including deeds 
and leases.
    (b) The term unit of the National Park System means any area of land 
or water administered by the Secretary of the Interior through the 
National Park Service for park, monument, historic, parkway, 
recreational, or other purposes.
    (c) The term national park means any unit of the National Park 
System the organic act of which declares it to be a ``national park.''
    (d) The term national monument of scientific significance means a 
unit of the National Park System designated as a national monument by 
statute or proclamation for the purpose of preserving landmarks, 
structures, or objects of scientific interest.
    (e) The term person includes but is not necessarily limited to an 
individual partnership, corporation, or association.
    (f) The term freehold interest means an estate in real property of 
permanent or of indefinite duration.
    (g) The term leasehold interest means an estate in real property for 
a fixed term of years or an estate from month-to-month or from year-to-
year.
    (h) The term fair market value means the appraised value as set 
forth in an approved appraisal made for the Secretary for the interest 
to be sold or leased.

[42 FR 46302, Sept. 15, 1977, as amended at 62 FR 30234, June 3, 1997]



Sec. 17.3  Lands subject to disposition.

    The Act is applicable to any Federally owned real property acquired 
by the Secretary from non-Federal sources within any unit of the 
National Park System other than national parks and those national 
monuments of scientific significance. No leasehold or freehold 
conveyance shall be made except as to lands which the General Management 
Plan for the particular unit of the National Park System has designated 
as a Special Use Zone for the uses that are permitted by the freehold or 
leasehold conveyance. No leasehold or freehold conveyance shall be made 
unless the lands have been surveyed for natural, historical, and 
cultural values and a determination made by the Secretary that such 
leasehold or freehold conveyance will not be inconsistent with any 
natural, historical, or cultural values found on the land. Any 
conveyances affecting properties listed or eligible for listing on the 
National Register of Historic Places must be reviewed by the Advisory 
Council on Historic Preservation. Procedures for obtaining the Council's 
comments appear at 36 CFR part 800, ``Procedures for the Protection of 
Historic and Cultural Resources.''

[42 FR 46302, Sept. 15, 1977, as amended at 43 FR 3360, Jan. 25, 1978]



Sec. 17.4  Notice.

    (a) When the Secretary has determined in accordance with these 
regulations that a freehold or leasehold interest will be offered, he 
will have a notice published in the Federal Register and, subsequently, 
once weekly for five consecutive weeks in a newspaper of general 
circulation in the vicinity of the property. Publication of the notice 
shall be completed not less than 30 nor more than 120 days of the date 
for bid opening. The notice shall contain, at a minimum: (1) A legal 
description of the land by public lands subdivisions, metes-and-bounds, 
or other suitable method, (2) a statement of the interest to be 
conveyed, including restrictions to be placed on the use of the 
property, (3) a statement of the fair market value of the interest as 
determined by the Secretary below which

[[Page 229]]

the interest will not be conveyed, together with information as to where 
the Government's appraisal may be inspected, (4) information as to any 
preference rights of former owners to acquire the interest upon matching 
the highest bid, (5) an outline of bid procedure and a designation of 
the time and place for submitting bids, and (6) an outline of conveyance 
procedures, requirements, and time schedule.
    (b) If the property has been in Federal ownership for less than two 
years, the last owner or owners of record shall be sent a notice by 
certified mail to their present or last known address providing the 
information in the published notice and advising them of their right 
under section 5(a) of the act to acquire the interest upon payment or 
agreement to pay an amount equal to the highest bid price.



Sec. 17.5  Bids.

    Bids may be made by the principal or his agent, either personally or 
by mail. Bids will be considered only if received at the place and prior 
to the hour fixed in the notice. No particular form is specified for 
bids. However, a bid must be in writing, clearly identify the bidder, be 
signed by the bidder or his designated agent, state the amount of the 
bid, and refer to the notice. Bids conditioned in ways not provided for 
by the notice will not be considered. Bids must be accompanied by 
certified checks, post office money orders, bank drafts, or cashier's 
checks made payable to the United States of America for 2 percent of the 
amount of the fair market value or $2,500, whichever is greater, in the 
case of a freehold interest or for the amount of the first year's rent 
in the case of a leasehold interest. This payment will be refunded to 
unsuccessful bidders. A separate nonrefundable payment of $100 to cover 
costs of publication and of processing of bids will also be included 
with the bid. The bid and payments must be enclosed in a sealed envelope 
upon which the prospective bidder shall write: (a) Bid on interest in 
land of the National Park System, and (b) the scheduled date the bids 
are to be opened. In the event two or more valid bids are received in 
the same amount, the determination of which is the highest will be by 
drawing. Bids will be opened at the time and place specified in the 
notice. Bidders, their agents or representatives, and any other persons 
may attend the bid opening. No bid in an amount less than the fair 
market value, as herein defined, shall be considered.

[42 FR 46302, Sept. 15, 1977, as amended at 61 FR 28508, June 5, 1996]



Sec. 17.6  Action at close of bidding.

    The person who is declared by the authorized officer to be the high 
bidder shall be bound by his bid and the regulations in this part to 
complete the purchase in accordance therewith unless his bid is rejected 
or he is released therefrom by the authorized officer. The declared high 
bid on property for which a preference right exists will be 
conditionally accepted subject to the exercise of the preference as 
described below. In the case of a freehold interest, the high bidder 
must submit the balance of the bid within 45 days of the bid award in 
the form of a certified check, post office money order, bank draft, or 
cashier's check, made payable to the United States of America. Failure 
to submit the full balance within 45 days will result in the forfeiture 
of $1,000 of bid deposit, unless the bidder has been released from the 
bid or an extension has been granted by the authorized officer, and the 
property will be awarded to the next highest bidder upon fulfillment of 
the requirements of this section.

[42 FR 46302, Sept. 15, 1977, as amended at 61 FR 28508, June 5, 1996]



Sec. 17.7  Preference rights.

    On any property which has been in Federal ownership less than two 
years, the Secretary, in addition to the notice specified in Sec. 17.4, 
shall inform the last owner or owners of record by certified mail at 
their present or last known address of the highest bid on the interest 
and advise them of their right to acquire the interest for an amount 
equal to the highest bid if within 30 days they notify the Secretary of 
their desire to do so and make payment or agree to make payment of an 
amount equal to that specified in Sec. 17.5.

[[Page 230]]


If within 30 days of mailing of such notification, the former owner or 
owners do not indicate a desire to acquire the interest and make payment 
or agree to make payment for such interest in an amount equal to the 
declared high bid, or, if they do indicate such a desire but fail to 
consummate the transaction within the time period established for the 
conveyance, then the bid of the declared high bidder will be accepted. 
In the event that a former owner who indicates a desire to repurchase 
pursuant to this procedure fails to consummate the transaction within 
the established time period the declared high bidder shall be permitted, 
but not required, to consummate the transaction. If the declared high 
bidder does not choose to consummate the transaction in this 
circumstance, the entire transaction will be cancelled, and, if 
appropriate, a new bidding procedure instituted.



Sec. 17.8  Conveyance.

    Conveyance of a leasehold or freehold interest shall be by lease or 
deed, as appropriate, at the highest bid price, but not less than fair 
market value. All conveyance of leasehold or freehold interests shall 
contain such terms and conditions as the Secretary deems necessary to 
assure use of the property in a manner consistent with the purpose for 
which the area was authorized by Congress. The conveyancing or leasing 
document shall contain such provisions and restrictions as may be 
determined by the Secretary to be necessary to protect the natural, 
historic, cultural or other values present on the lands. All conveyances 
shall be without warranty.



PART 18--LEASING OF PROPERTIES IN PARK AREAS--Table of Contents




Sec.
18.1   What is the authority and purpose for this part?
18.2   What definitions do you need to know to understand this part?
18.3   What property may be leased?
18.4   What determinations must the Director make before leasing 
          property?
18.5   May property be leased without receiving fair market value rent?
18.6   Are there limitations on the use of property leased under this 
          part?
18.7   How are lease proposals solicited and selected if the Director 
          issues a Request for Bids?
18.8   How are lease proposals solicited and selected if the Director 
          issues a Request for Proposals?
18.9   When may the Director lease property without issuing a request 
          for bids or a request for proposals?
18.10   How long can the term of a lease be?
18.11   What general provisions must a lease contain?
18.12   What specific provisions must a lease contain?

    Authority: 16 U.S.C. 1 et seq., particularly 16 U.S.C. 1a-2(k), and, 
16 U.S.C. 470h-3.

    Source: 66 FR 66759, Dec. 27, 2001, unless otherwise noted.



Sec. 18.1  What is the authority and purpose for this part?

    16 U.S.C. 1 et seq., particularly 16 U.S.C. 1a-2(k), and, 16 U.S.C. 
470h-3 are the authorities for this part. These authorities allow the 
Director (or delegated officials) to lease certain federally owned or 
administered property located within the boundaries of park areas. All 
leases to be entered into by the Director under these authorities are 
subject to the requirements of this part, except that, proposed leases 
that were solicited pursuant to this part prior to January 28, 2002, may 
be executed in accordance with the terms of the solicitation.



Sec. 18.2  What definitions do you need to know to understand this part?

    In addition to the definitions contained in 36 CFR Part 1, the 
following definitions apply to this part:
    (a) Associated property means land and/or structures (e.g., parking 
lots, retaining walls, walkways, infrastructure facilities, farm fields) 
related to a building or buildings and their functional use and 
occupancy.
    (b) Building means an enclosed structure located within the 
boundaries of a park area and constructed with walls and a roof to serve 
a residential, industrial, commercial, agricultural or other human use.
    (c) Commercial use authorization means a written authorization to 
provide services to park area visitors issued by the Director pursuant 
to Section 418 of Public Law 105-391 and implementing regulations.

[[Page 231]]

    (d) Concession contract has the meaning stated in 36 CFR part 51.
    (e) Fair market value rent means the most probable rent, as of a 
specific date, in cash or in terms equivalent to cash, for which the 
property to be leased, under the terms and conditions of the lease, 
should rent for its highest and best permitted use after reasonable 
exposure in a competitive market under all conditions requisite to a 
fair leasing opportunity, with the lessor and the lessee each acting 
prudently, knowledgeably, and for self-interest, and assuming that 
neither is under undue duress. Determinations of fair market value rent 
under this part are to be made taking into account the considerations 
stated in Sec. 18.5.
    (f) Historic building means a building or buildings located within 
the boundaries of a park area if the building is part of a pre-historic 
or historic district or site included on, or eligible for inclusion on, 
the National Register of Historic Places.
    (g) Historic land means land located within the boundaries of an 
historic property.
    (h) Historic property means building(s) and land located within the 
boundaries of a park area if the building(s) and land are part of a pre-
historic or historic district or site included on, or eligible for 
inclusion on, the National Register of Historic Places.
    (i) Land means unimproved real property.
    (j) Lease means a written contract entered into under the authority 
of this part through which use and possession of property is granted to 
a person for a specified period of time.
    (k) Non-historic building is a building (or buildings) and its 
associated property located within the boundaries of a park area but not 
part of a pre-historic or historic district or site included on, or 
eligible for inclusion on, the National Register of Historic Places.
    (l) Non-historic land means land located within the boundaries of a 
park area that is not associated property and is not part of a pre-
historic or historic district or site included on, or eligible for 
inclusion on, the National Register of Historic Places.
    (m) Non-historic property means building(s) and/or land that are 
located within the boundaries of a park area but are not part of a pre-
historic or historic district or site included on, or eligible for 
inclusion on, the National Register of Historic Places.
    (n) Park area means a unit of the national park system.
    (o) Property means both historic and non-historic property that is 
located within the boundaries of a park area and is federally owned or 
administered.
    (p) Request for bids refers to the lease bid process described in 
Sec. 18.7.
    (q) Request for proposals refers to the lease proposal process 
described in Sec. 18.8.
    (r) Responsive bid or proposal means a timely submitted bid or 
proposal that meets the material requirements of a request for bids or a 
request for proposals.



Sec. 18.3  What property may be leased?

    (a) In general. The Director may lease any property (except non-
historic land) under this part if the Director makes the determinations 
required by Sec. 18.4.
    (b) Non-historic land. Non-historic land may not be leased under 
this part. Certain non-historic land is eligible for leasing under 36 
CFR part 17.



Sec. 18.4  What determinations must the Director make before leasing property?

    Before leasing property in a park area under this part, the Director 
must determine that:
    (a) The lease will not result in degradation of the purposes and 
values of the park area;
    (b) The lease will not deprive the park area of property necessary 
for appropriate park protection, interpretation, visitor enjoyment, or 
administration of the park area;
    (c) The lease contains such terms and conditions as will assure the 
leased property will be used for activity and in a manner that are 
consistent with the purposes established by law for the park area in 
which the property is located;
    (d) The lease is compatible with the programs of the National Park 
Service;
    (e) The lease is for rent at least equal to the fair market value 
rent of the leased property as described in Sec. 18.5;

[[Page 232]]

    (f) The proposed activities under the lease are not subject to 
authorization through a concession contract, commercial use 
authorization or similar instrument; and
    (g) If the lease is to include historic property, the lease will 
adequately insure the preservation of the historic property.



Sec. 18.5  May property be leased without receiving fair market value rent?

    Property may be leased under this part only if the lease requires 
payment of rent to the government equal to or higher than the property's 
fair market value rent. The determination of fair market value rent 
shall take into account:
    (a) Any restrictions on the use of the property or terms of the 
lease that limit the value and/or the highest and best use of the 
property; and
    (b) Any requirements under the lease for the lessee to restore, 
rehabilitate or otherwise improve the leased property.



Sec. 18.6  Are there limitations on the use of property leased under this part?

    (a) A lease issued under this part may authorize the use of the 
leased property for any lawful purpose, subject to the determinations 
required by Sec. 18.4 and the limitations on activities set forth in 
paragraph (b) of this section.
    (b) Unless otherwise authorized by law, a lease issued under this 
part may not authorize the lessee to engage in activities that are 
subject to authorization through a concession contract, commercial use 
authorization or similar instrument. Proposed lease activities are 
subject to authorization under a concession contract if the Director 
determines in accordance with 36 CFR part 51 and park area planning 
documents and related guidelines and policies that the proposed 
activities meet applicable requirements for issuance of a concession 
contract. Proposed activities are subject to authorization under a 
commercial use authorization if the Director determines in accordance 
with park area planning documents and related guidelines and policies 
that the proposed activities meet applicable requirements for issuance 
of a commercial use authorization.



Sec. 18.7  How are lease proposals solicited and selected if the Director
 issues a Request for Bids?

    (a) If the amount of the rent is the only criterion for award of a 
lease, the Director may solicit bids through issuance of a request for 
bids as described in this section. If historic property is to be leased 
under the authority of this section, the Director must comply with 36 
CFR part 800 (commenting procedures of the Advisory Council on Historic 
Preservation) at an appropriate time during the leasing process.
    (b) A request for bids under this section shall be advertised by 
public notice published at least twice in local and/or national 
newspapers of general circulation. The notice shall provide at least a 
thirty (30) day period from the last date of publication for the 
submission of sealed bids. The notice will provide necessary information 
to prospective bidders. It may specify a minimum rent and/or require 
submission of a rent deposit or advance rent payment. Bids will be 
considered only if timely received at the place designated in the 
request. Bids must be in the form specified by the Director, or, if no 
form is specified, a bid must be in writing, signed by the bidder or 
authorized representative, state the amount of the bid, and refer to the 
applicable public notice. If the notice requires submission of a rent 
deposit or advance rent payment, the bids must include the required 
funds in the form of a certified check, post office money order, bank 
drafts, or cashier's checks made out to the United States of America. 
The bid (and payment where applicable) must be enclosed in a sealed 
envelope upon which the bidder shall write: ``Bid on lease of property 
of the National Park Service'' and shall note the date the bids are to 
be opened.
    (c) Bids will be opened publicly by the Director at a time and place 
specified in the public notice. Bidders or their representatives may 
attend the bid opening. The bidder submitting a responsive bid offering 
the highest rent will be selected for award of the lease (subject to a 
determination of financial

[[Page 233]]

capability by the Director). A responsive bid is a bid that meets the 
material terms and conditions of the request for bids. The Director 
shall accept no bid in an amount less than the fair market rental value 
as determined by the Director. If two or more bids are equal, a drawing 
shall make the lease award by lot limited to the equal responsive bids 
received.
    (d) When a property is to be leased through a request for bids, the 
bidder that is declared by the Director to be the high bidder shall be 
bound by his bid and this part to execute the offered lease, unless the 
bid is rejected. If the declared high bidder fails to enter into the 
lease for any reason, the Director may choose to enter into the lease 
with the next highest bidder (if that bidder offered to pay at least the 
fair market rent value). The Director may reject any and all bids in his 
discretion and resolicit or cancel a lease solicitation under this part 
at any time without liability to any person.



Sec. 18.8  How are lease proposals solicited and selected if the Director
 issues a Request for Proposals?

    (a) When the award of a lease is to be based on selection criteria 
in addition to or other than the amount of the rent, the Director must, 
subject to Sec. 18.9, solicit proposals for the lease through issuance 
of a public Request for Proposals (RFP).
    (b) An RFP may be preceded by issuance of a public Request for 
Qualifications (RFQ). The purpose of an RFQ is to select a ``short 
list'' of potential offerors that meet minimum management, financial and 
other qualifications necessary for submission of a proposal in response 
to an RFP. If the Director issues an RFQ, only persons determined as 
qualified by the Director under the terms of the RFQ shall be eligible 
to submit a proposal under the related RFP.
    (c) The Director must provide public notice of the leasing 
opportunity by publication at least twice in local and/or national 
newspapers of general circulation and/or through publication in the 
Commerce Business Daily. The public notice shall contain general 
information about the leasing opportunity and advise interested persons 
how to obtain a copy of the RFP (or RFQ where applicable). The RFP (and 
RFQ where applicable) shall contain appropriate information about the 
property proposed for lease, including limitations on the uses of the 
property to be leased, information concerning the leasing process, 
information and materials that must be contained in a proposal, the time 
and place for submission of proposals, terms and conditions of the 
lease, and the criteria under which the Director will evaluate 
proposals. The RFP may state the fair market value rent as the minimum 
acceptable rent if determined by the Director at that time. The RFP (and 
RFQ where applicable) must allow at least sixty (60) days for submission 
of proposals (or qualifications under an RFQ) unless a shorter period of 
time is determined to be sufficient in the circumstances of a particular 
solicitation.
    (d) The Director may determine that a proposal is non-responsive and 
not consider it further. A non-responsive proposal is a proposal that 
was not timely submitted or fails to meet the material terms and 
conditions of the RFP. After the submission of offers and prior to the 
selection of the best overall proposal, the Director may request from 
any offeror additional information or written clarification of a 
proposal, provided that proposals may not be amended after the 
submission date unless all offerors that submitted responsive proposals 
are given an opportunity to amend their proposals. The Director may 
choose to reject all proposals received at any time and resolicit or 
cancel a solicitation under this part without liability to any person.
    (e) (1) The criteria to be used in selection of the best proposal 
are:
    (i) The compatibility of the proposal's intended use of the leased 
property with respect to preservation, protection, and visitor enjoyment 
of the park;
    (ii) The financial capability of the offeror to carry out the terms 
of the lease;
    (iii) The experience of the offeror demonstrating the managerial 
capability to carry out the terms of the lease;

[[Page 234]]

    (iv) The ability and commitment of the offeror to conduct its 
activities in the park area in an environmentally enhancing manner 
through, among other programs and actions, energy conservation, waste 
reduction, and recycling; and
    (v) Any other criteria the RFP may specify.
    (2) If the property to be leased is an historic property, the 
compatibility of the proposal with the historic qualities of the 
property shall be an additional selection criterion. If the RFP requires 
proposals to include the amount of rent offered, the amount of rent 
offered also shall be an additional selection criterion.
    (f) The Director will evaluate all responsive proposals received. 
The responsive proposal determined by the Director to best meet on an 
overall basis the evaluation criteria will be selected for negotiation 
of the lease. If two or more responsive proposals are determined by the 
Director to be substantially equal under the evaluation criteria, the 
Director shall provide an opportunity for those proposals to be amended 
by their offerors as necessary for the Director to select the best 
amended proposal. In such circumstances, the Director will provide each 
offeror that submitted a substantially equal proposal appropriate 
information as to how their proposals may be amended in order to enhance 
the possibility of selection as the best amended proposal. If two or 
more proposals remain as substantially equal after amendment, the 
Director will select for negotiation of the lease from among these 
proposals the proposal that the Director determines on an overall basis 
will be most beneficial to effective management of the park area.
    (g) The Director will provide the offeror that submitted the best 
overall responsive proposal as determined by the Director a specified 
period of time to negotiate the final terms of the lease (and may enter 
into a letter of intent to negotiate in this connection). The final 
terms of the lease must be consistent with the requirements of the RFP. 
If the negotiations do not result in an executed lease within the 
specified time period, the Director, in his discretion, may extend the 
negotiation period, terminate negotiations and negotiate with the 
offeror that submitted the next best responsive proposal, or, cancel the 
solicitation.
    (h) RFPs may state that the amount of rent to be paid will be 
negotiated subsequently with the offeror that submitted the best 
proposal, initially or as amended. The Director may execute a lease only 
if the Director determines that it requires the lessee to pay at least 
the fair market value rent of the leased property.
    (i) The Director may execute a lease that includes historic property 
only after complying with 36 CFR part 800 (commenting procedures of the 
Advisory Council on Historic Preservation).



Sec. 18.9  When may the Director lease property without issuing a request 
for bids or a request for proposals?

    The Director, except as provided in this section, may not lease 
property without issuing a request for bids or a request for proposals 
in compliance with Sec. 18.7 or Sec. 18.8. The Director under this part 
may enter into leases with non-profit organizations (recognized as such 
by the Internal Revenue Service) or units of government without 
complying with Sec. Sec. 18.7 or 18.8 if the Director determines that 
the non-profit or governmental use of the property will contribute to 
the purposes and programs of the park area. All other requirements of 
this part are applicable to leases entered into or to be entered into 
under authority of this section. The Director may enter into leases 
under this part with a term of sixty (60) days or less without complying 
with Sec. Sec. 18.7 or 18.8 if the Director determines that to do so is 
in the best interests of the administration of the park area. If 
historic land is to be leased under the authority of this section, the 
Director must comply with 36 CFR part 800 (commenting procedures of the 
Advisory Council on Historic Preservation) before entering into the 
lease.



Sec. 18.10  How long can the term of a lease be?

    All leases entered into under this part shall have as short a term 
as possible, taking into account the financial

[[Page 235]]

obligations of the lessee and other factors related to determining an 
appropriate lease term. No lease shall have a term of more than 60 
years. Leases entered under the authority of this part may not be 
extended, except that, leases with an initial term of one (1) year or 
more may be extended once for a period not to exceed one (1) additional 
year if the Director determines that an extension is necessary because 
of circumstances beyond the Director's control.



Sec. 18.11  What general provisions must a lease contain?

    All leases entered into under this part must contain terms and 
conditions that are determined necessary by the Director to assure use 
of the leased property in a manner consistent with the purposes of the 
applicable park area as established by law, and where applicable, to 
assure the preservation of historic property.



Sec. 18.12  What specific provisions must a lease contain?

    All leases entered into under this part must contain:
    (a) A termination for cause or default provision;
    (b) Appropriate provisions requiring the lessee to maintain the 
leased property in good condition throughout the term of the lease;
    (c) Appropriate provisions stating that subletting of a portion of 
the leased property and assignment of a lease, if permissible under the 
terms of the lease, must be subject to the Director's written approval. 
Such subleases and assignments shall be approved only of the Director 
determines, among other relevant matters, that the proposed sub-lessee 
or assignee is financially and managerially capable of carrying out the 
terms of the lease. Assignment of a lease for the purpose of 
effectuating an encumbrance to the lease or the leased property is 
subject to approval pursuant to the requirements of paragraph (l) of 
this section;
    (d) Appropriate provisions requiring the lessee to secure and 
maintain from responsible companies liability insurance sufficient to 
cover losses connected with or occasioned by the use and activities 
authorized by the lease. Types and amounts of insurance coverage will be 
specified in writing and periodically reviewed by the Director;
    (e) Appropriate provisions, unless the Director determines otherwise 
in the circumstances of a particular lease, requiring the lessee to 
obtain from responsible companies casualty insurance (including flood 
insurance if applicable) in an amount sufficient to protect the 
interests of the lessee and the government. In the event of casualty, 
the lessee shall be required to repair or replace damaged or destroyed 
property unless otherwise determined by the Director;
    (f) Appropriate provisions requiring the lessee to save, hold 
harmless, and indemnify the United States of America and its agents and 
employees for all losses, damages, or judgments and expenses resulting 
from personal injury, death or property damage of any nature arising out 
of the lessee's activities under the lease, and/or the activities of the 
lessee's employees, subcontractors, sub-lessees, or agents. No lease 
entered into this part may contain provisions intended to provide 
indemnification or other assurances to the lessee regarding the conduct 
or activities of the Director concerning the lease or the administration 
of the applicable park area. Leases may contain appropriate provisions 
that commit the Director to accept responsibility for tortious actions 
of government officials to the extent authorized by the Federal Torts 
Claim Act or as otherwise expressly authorized by law;
    (g) Appropriate provisions requiring the lessee to pay for use of 
all utilities used by the lessee and to pay all taxes and assessments 
imposed by federal, state, or local agencies applicable to the leased 
property or to lessee activities;
    (h) Appropriate provisions stating that the lessee has no rights of 
renewal of the lease or to the award of a new lease upon lease 
termination or expiration and that the lease is subject to cancellation 
by the Director in the exercise of the sovereign authority of the United 
States to the extent provided by applicable law;
    (i) Appropriate provisions stating that the lessee may not construct 
new

[[Page 236]]

buildings or structures on leased property, provided that, a lease may 
contain appropriate provisions that authorize the lessee to construct, 
subject to the prior written approval of the Director, minor additions, 
buildings and/or structures determined by the Director to be necessary 
for support of the authorized activities of the lessee and otherwise to 
be consistent with the protection and purposes of the park area. 
Approval by the Director of new construction may only be granted if the 
Director makes the determinations required by Sec. 18.4;
    (j) Appropriate provisions requiring that:
    (1) Any improvements to or demolition of leased property to be made 
by the lessee may be undertaken only with written approval from the 
Director;
    (2) That any improvements to or demolition of historic property may 
only be approved if the Director determines that the improvements or 
demolition complies with the Secretary of the Interior's Standards for 
the Treatment of Historic Properties (36 CFR part 68); and
    (3) Any improvements made by a lessee shall be the property of the 
United States;
    (k) Appropriate provisions that describe and limit the type of 
activities that may be conducted by the lessee on the leased property. 
The types of activities described in a lease may be modified from time 
to time with the approval of the Director through an amendment to the 
lease. The Director may approve modified activities only if the 
determinations required by Sec. 18.4 remain valid under the proposed 
modified activities and the proposed activities are otherwise determined 
appropriate by the Director;
    (l) Appropriate provisions, unless the Director determines not to 
permit pledges or encumbrances in the circumstances of a particular 
lease, authorizing the lessee to pledge or encumber the lease as 
security, provided that any pledge or encumbrance of the lease and the 
proposed holder of the pledge or encumbrance must be approved in writing 
in advance by the Director and that a pledge or encumbrance may only 
grant the holder the right, in the event of a foreclosure, to assume the 
responsibilities of the lessee under the lease or to select a new lessee 
subject to the approval of the Director. Pledges or encumbrances may not 
grant the holder the right to alter or amend in any manner the terms of 
the lease;
    (m) Appropriate provisions stating that fulfillment of any 
obligations of the government under the lease is subject to the 
availability of appropriated funds. No lease issued under authority of 
this part shall entitle the lessee to claim benefits under the Uniform 
Relocation Assistance Act of 1970 (Public Law 91-646) and all leases 
entered into under the authority of this part shall require the lessee 
to waive any such benefits; and
    (n) Appropriate provisions granting the Director and the Comptroller 
General access to the records of the lessee as necessary for lease 
administration purposes and/or as provided by applicable law.



PART 20--ISLE ROYALE NATIONAL PARK; COMMERCIAL FISHING--Table of Contents




Sec.
20.1  Definitions.
20.2  Permits; conditions.
20.3  Maximum number of permittees.
20.4  Revocation of permits; appeal.

    Authority: Secs. 1-3, 39 Stat. 535, as amended, sec. 3, 56 Stat. 
133, secs. 1, 2, 67 Stat. 495, 496; 16 U.S.C. 1, 1b, 1c, 2, 3, 408k.

    Source: 24 FR 11055, Dec. 30, 1959, unless otherwise noted.



Sec. 20.1  Definitions.

    As used in this part:
    (a) Park means Isle Royale National Park.
    (b) Permittee includes all persons engaged in commercial fishing 
from bases in the Park, except those life lessees who were engaged in 
such occupation at the date of the issuance of their leases.

[24 FR 11055, Dec. 30, 1959, as amended at 60 FR 55791, Nov. 3, 1995; 62 
FR 30235, June 3, 1997]



Sec. 20.2  Permits; conditions.

    Annual, revocable special use permits authorizing the use of 
Government-owned structures and facilities in

[[Page 237]]

the Park as bases for commercial fishing in the waters contiguous to the 
Park may be granted by the Director of the National Park Service, or the 
Regional Director if authorized by the Director, to bona fide commercial 
fishermen, where such structures and facilities were used for this 
purpose during the period from April 1, 1937, to December 31, 1939, 
inclusive, subject to the following conditions.
    (a) Permittees will be required to pay an annual fee as set forth in 
part 6 of this chapter.
    (b) Permittees shall personally reside at their Park bases during 
the fishing season.
    (c) Permittees shall secure and possess at all times such commercial 
fishing license as may be required by the State of Michigan.
    (d) Permittees shall comply with all Michigan laws, and related 
regulations prescribed by the Michigan Department of Conservation, 
governing commercial fishing in the waters contiguous to the Park.
    (e) Permittees shall use the bases covered by the permit for 
commercial fishing only. No permittee shall furnish boat or guide 
service to the public unless expressly authorized to do so by the 
Secretary or the Director.
    (f) Permittees shall maintain at their own expense, in accordance 
with reasonable standards of repair, safety, and sanitation, all 
Government-owned structures and facilities embraced in the permits.
    (g) The size, type and location of nets and gear and the number of 
men engaged in the operation of the fishing base of the permittee shall 
be prescribed in the permit. Only nets and gear approved by the Michigan 
Department of Conservation shall be used.



Sec. 20.3  Maximum number of permittees.

    Commercial fishermen to whom the annual revocable permits may be 
granted shall not exceed the maximum number of persons conducting 
commercial fishing operations from bases in the area comprising the Park 
at any one time during the period from April 1, 1937 to December 31, 
1939, inclusive.



Sec. 20.4  Revocation of permits; appeal.

    The Director of the National Park Service may, by notification in 
writing, revoke the permit of any permittee found by him to have 
violated any Federal statute or the provisions of these or any other 
regulations of the Secretary, relating to the Park. A permittee, 
however, shall have the right to appeal to the Director, Office of 
Hearings and Appeals, from a decision of the Director of the National 
Park Service revoking his permit. Any such appeal shall comply with the 
general rules set forth in Department Hearings and Appeals Procedures, 
43 CFR part 4, subpart B, and the special procedural rules in subpart G 
of 43 CFR part 4, applicable to proceedings in appeals cases which do 
not lie within the appellate jurisdiction of an established Appeals 
Board of the Office of Hearings and Appeals.

[36 FR 7184, Apr. 15, 1971]



PART 21--HOT SPRINGS NATIONAL PARK; BATHHOUSE REGULATIONS--Table of Contents




Sec.
21.1  Definitions.
21.2  Penalties.
21.3  Use of thermal water.
21.4  Registration of physicians.
21.5  Therapeutic bathing requirements.
21.6  Use of therapeutic pools.
21.7  Health examinations.
21.8  Employee certification.
21.9  Solicitation by employees.
21.10  Losses.
21.11  Redemption of bath tickets.
21.12  Loss of bath tickets.

    Authority: Sec. 3, Act of August 25, 1916, 39 Stat. 535, as amended 
(16 U.S.C. 3); sec. 3, Act of March 3, 1891, 26 Stat. 842, as amended 
(16 U.S.C. 363).

    Source: 44 FR 2577, Jan. 12, 1979, unless otherwise noted.



Sec. 21.1  Definitions.

    When used in the regulations in this part:
    (a) The term physician means doctor of medicine or osteopathy who is 
licensed to practice by a State or territory of the United States.

[[Page 238]]

    (b) The term registered physician means a physician registered at 
the office of the Superintendent as authorized to prescribe the waters 
of Hot Springs National Park.
    (c) The term employee means any person licensed or certified by a 
State or territory of the United States in his or her specialty, or who 
is certified by the Superintendent to perform or render special services 
in a bathhouse.
    (d) The term bathhouse means any facility which is operated by an 
individual, trustee, partnership, corporation, or business entity and 
which receives thermal water from Hot Springs National Park.

[44 FR 2577, Jan. 12, 1979, as amended at 62 FR 30235, June 3, 1997]



Sec. 21.2  Penalties.

    Any person convicted of violating any provision of the regulations 
contained in this part, or as the same may be amended or supplemented, 
shall be punished by a fine not exceeding $100 and shall be adjudged to 
pay all costs of the proceedings.



Sec. 21.3  Use of thermal water.

    (a) The use of the thermal waters of Hot Springs National Park, for 
purposes other than those authorized by the Superintendent, is 
prohibited.
    (b) The heating, reheating, or otherwise increasing the temperature 
of the thermal waters of Hot Springs National Park is prohibited.
    (c) The introduction of any substance, chemical, or other material 
or solution into the thermal waters of Hot Springs National Park, except 
as may be prescribed by a physician for a bather or as may be directed 
by the Superintendent, is prohibited.



Sec. 21.4  Registration of physicians.

    Physicians desiring to prescribe the thermal waters of Hot Springs 
National Park must first be registered at the office of the 
Superintendent. Any physician may make application for registration to 
the Superintendent. To maintain registered status, reapplication is 
required triannually.



Sec. 21.5  Therapeutic bathing requirements.

    Baths shall be administered to persons having a prescription from a 
registered physician with prescription instructions therein. Baths shall 
be administered to person who do not have prescriptions from registered 
physicians only if the bath is administered in accordance with the bath 
directions prescribed by the Superintendent, the violation of which is 
not subject to the penalty provisions of Sec. 21.2.



Sec. 21.6  Use of therapeutic pools.

    Persons undergoing medical treatment may use the therapeutic pools 
only upon presenting a prescription describing the treatment from a 
registered physician. Persons with acute or infectious diseases or 
discharges of the body, or who lack complete control of their bodily 
functions, are prohibited from using the therapeutic pools.



Sec. 21.7  Health examinations.

    No employee who comes in direct personal contact with bathers or 
pool users will be permitted to enter duty without first undergoing a 
health examination, or remain in such employment without undergoing 
periodic health examinations, as required by the Superintendent, and 
being found free from any infectious or communicable disease.

    Cross Reference: For a list of communicable diseases included in the 
regulations of the United States Public Health Service, see 21 CFR 
1240.54.



Sec. 21.8  Employee certification.

    (a) Employees engaged as physical therapists must be licensed or 
certified by a State or territory of the United States to practice
    (b) Employees engaged as physical therapy aids or physical therapy 
technicians will be certified by the Superintendent upon completion of 
an 
examination.
    (c) Employees engaged as masseurs or masseuses must be licensed or 
certified by a State or territory of the United States, or be certified 
by the Superintendent upon the completion of an examination.

[[Page 239]]

    (d) Employees engaged as bath attendants will be certified by the 
Superintendent upon completion of an apprenticeship and an examination.



Sec. 21.9  Solicitation by employees.

    Soliciting by employees for any purpose, including soliciting for 
gratuities, commonly called ``tips,'' is prohibited in all bathhouses.



Sec. 21.10  Losses.

    A bathhouse receiving deposits of jewelry, money, or other valuables 
from patrons shall provide means for the safekeeping thereof, 
satisfactory to the Superintendent. It is understood, however, that the 
Government assumes no responsibility for such valuables kept on the 
premises. All losses must be reported promptly to the Superintendent by 
the bathhouse manager.



Sec. 21.11  Redemption of bath tickets.

    Unused tickets may be redeemed by the purchaser within one year from 
the date of purchase, according to the redemption scale approved by the 
Superintendent.



Sec. 21.12  Lost bath tickets.

    A patron who loses his ticket may continue to receive service, 
without additional charge, for the number of units remaining in the 
ticket. Records of lost tickets, and of service given thereunder, shall 
be maintained as required by the Superintendent. Lost tickets shall have 
no redemption value.



PART 25--NATIONAL MILITARY PARKS; LICENSED GUIDE SERVICE REGULATIONS--
Table of Contents




Sec.
25.1  Scope.
25.2  License.
25.3  Supervision; suspensions.
25.4  Schedule of rates.
25.5  Badges and uniforms.

    Authority: Secs. 1-3, 39 Stat. 535, as amended, sec. 1, 47 Stat. 
1420, secs. 1, 2, 67 Stat. 495, 496; 16 U.S.C. 1, 1b, 1c, 2, 3, 9a E.O. 
6166, June 10, 1933.

    Source: 24 FR 11060, Dec. 30, 1959, unless otherwise noted.



Sec. 25.1  Scope.

    The regulations in this part are made prescribed and published for 
the regulation and maintenance of licensed guide service at all national 
military parks where such service has been established or hereafter may 
be authorized in the discretion of the Secretary of the Interior upon 
the recommendation of the Director of the National Park Service.



Sec. 25.2  License.

    (a) No person shall be permitted to offer his services or to act as 
a guide unless licensed for that purpose by the superintendent. Any 
person desiring to become a licensed guide shall make application to the 
superintendent in writing for authority to take the examination for a 
license as guide.
    (b) Guides shall be of good character, in good physical condition, 
honest, intelligent, tactful, and of good repute. They must be 
thoroughly familiar with the history of the events which the park 
commemorates and with the location of all memorials. It is their duty to 
escort visitors to the various parts of the park and point out different 
historical features. The story of the guides shall be limited to the 
historical outlines approved by the superintendent and shall be free 
from praise or censure.
    (c) Examinations will be held at parks where a licensed guide 
service is authorized, at times to be designated by the Director of the 
National Park Service, for the purpose of securing a list of eligibles 
for such service. The examination will consist of an investigation of 
the character, reputation, intelligence, and ability of the applicants, 
and of questions designed to test their knowledge of the history of the 
battle, or features of historical interest, the markings of the park, 
the rules and regulations promulgated for the government of the park, 
and the regulations governing the guide service. Examination questions 
will be prepared under the direction of the Director of the National 
Park Service, who will likewise supervise the marking of examination 
papers and the rating of applicants.
    (d) The names of applicants who successfully pass the examination 
will be placed on a list of eligibles and selected

[[Page 240]]

in accordance with their relative standing.
    (e) Each person licensed to act as a full-time guide will be issued 
a license in the following form:

                                                ------------------------
                                                               (Place)  
                                                ------------------------
                                                                (Date)  
    ------------------------, having successfully passed the examination 
prescribed for license, is hereby licensed to offer his service as a 
guide to visitors. This license is issued subject to the condition that 
the licensee shall comply with all the rules and regulations prescribed 
for guide service by the Secretary of the Interior and with the 
prescribed schedule of rates, copies of all of which have been furnished 
to him.
    This license will be renewed at the expiration of one year from the 
date of issue, provided the rules above-mentioned have been fully 
complied with and services rendered satisfactorily.
    Failure to act as a guide for any period exceeding 30 days between 
June 1 and August 31 automatically suspends this license. Renewal under 
these conditions will only be made following proper application to and 
approval by the park superintendent. During other times of heavy 
visitation, and especially on week ends and holidays, any and all guides 
are subject to call for duty unless excused by the park superintendent 
or his representative.

                                                ------------------------
                                                       Superintendent,  
                                                ------------------------
                                                 National Military Park.

    (f) Each person licensed to act as a temporary or part-time guide, 
during periods of heavy visitation, will be issued a license in the 
following form:

                                                ------------------------
                                                               (Place)  
                                                ------------------------
                                                                (Date)  
    ------------------------, having successfully passed the examination 
prescribed for license, is hereby licensed to offer service as a guide 
to visitors. This license is issued subject to the condition that the 
licensee shall comply with all the rules and regulations prescribed for 
guide service by the Secretary of the Interior, copies of which have 
been furnished to him.
    This license shall continue in effect for a period of -------- days 
beginning -------- unless revoked prior to the expiration of such period 
for failure to comply with the condition set out herein.

                                                ------------------------
                                                       Superintendent,  
                                                ------------------------
                                                 National Military Park.

    (g) Before being issued a license to act as a guide, each applicant 
will be required to subscribe to the following agreement:

                                                ------------------------
                                                               (Place)  
                                                ------------------------
                                                                (Date)  
To Superintendent, ---------------- National Military Park.
    For and in consideration of the issuance to me a license to act as 
guide, I hereby accept and agree to observe fully the following 
conditions:
    1. To abide by and observe the laws and all rules and regulations 
promulgated for the government of the park and for the regulation of 
guide service.
    2. In case of difference of opinion as to the interpretation of any 
law, rule, or regulation, to accept the decision of the superintendent.
    3. To accord proper respect to the park rangers in their enforcement 
of the rules and regulations.
    4. To require drivers of all vehicles, while under my conduct, to 
observe the park rules and regulations.
    5. To be watchful to prevent damage to, or destruction of, park 
property or acts of vandalism affecting monuments, buildings, fences, or 
natural features of the park, to report any such damage, destruction, or 
vandalism which I may observe to the nearest available ranger without 
delay, and to furnish him with all information in my possession tending 
to identify the offenders and assist in their apprehension and 
punishment.
    6. To demand of visitors not more than the authorized fees for guide 
service and, when employed, to render service to the best of my ability.
    7. To advise visitors who employ me, in advance, the length of time 
needed for a trip and its cost and, if visitors desire a shortened tour, 
to arrange for such service as may suit their convenience.
    8. (a) Not to operate for hire any passenger vehicle or other 
vehicle of any kind, while pursuing the vocation of guide or wearing a 
guide's badge or uniform.
    (b) Not to operate a visitor's motor vehicle unless I hold a valid 
motor vehicle operator's license issued by the State in which the 
national military park is located.
    (c) Not to charge an extra fee for operating a visitor's motor 
vehicle.
    9. In the event my license should be suspended or revoked by the 
superintendent, to

[[Page 241]]

refrain from offering my services or pursuing the vocation of guide, 
pending appeal to and decision of the Director of the National Park 
Service.
    10. To return the license and official badge without delay to the 
superintendent should my license be revoked or suspended for more than 5 
days or upon abandoning the occupation of guide.
    11. While wearing the badge of a guide or any uniform or part of a 
uniform indicating me to be a guide, I will not act as agent, solicitor, 
representative, or runner for any business or enterprise whatever 
(except in offering my services as a guide to visitors), nor solicit nor 
accept from any person, firm, association, or corporation any fee, 
commission, or gratuity for recommending their goods, wares, or 
services.
(Signed)________________________________________________________________

(80 Stat. 383; 5 U.S.C. 553)

[24 FR 11060, Dec. 30, 1959, as amended at 30 FR 8222, June 26, 1965]



Sec. 25.3  Supervision; suspensions.

    (a) The guide service will operate under the direction of the 
superintendent or his designated representative. Records will be kept of 
the efficiency of the guides and of all matters pertaining to the 
service.
    (b) Superintendents are authorized to suspend any guide for 
violation of the regulations or for conduct prejudicial to the interests 
of the Government. A full report of the facts attending each suspension 
will be made to the Director of the National Park Service. The license 
of a guide who has been suspended indefinitely will not be renewed 
without the approval of the Director of the National Park Service.



Sec. 25.4  Schedule of rates.

    As the conditions of each park differ with respect to the proper 
charge for the service rendered to the public, the schedule of rates for 
observance by the licensed guides at each separate park will be 
submitted to the Director of the National Park Service for approval. The 
superintendent will prepare itineraries arranged so as best to observe 
the different features of the battlefield and submit them with 
recommendations as to schedule of rates to the Director of the National 
Park Service for approval.



Sec. 25.5  Badges and uniforms.

    Licensed guides will be furnished with official badges as evidence 
of their authority, which shall remain the property of the Government 
and be returned to the superintendent upon relinquishment or revocation 
of the license as a guide. Where conditions warrant it and its purchase 
would not prove a hardship on the guides, they may be required to adopt 
a standard uniform, to be procured at their own expense.



PART 27--CAPE COD NATIONAL SEASHORE; ZONING STANDARDS--Table of Contents




Sec.
27.1  General objectives.
27.2  Commercial and industrial activities.
27.3  Seashore District.
27.4  Variances and exceptions.

    Authority: Secs. 1, 5, 75 Stat. 284, 290; 16 U.S.C. 459b, 459b-4.

    Source: 27 FR 6714, July 14, 1962, unless otherwise noted.



Sec. 27.1  General objectives.

    (a) Consistent with the objectives set out in section 5 of the Act 
of August 7, 1961 (75 Stat. 284), development and management of the Cape 
Cod National Seashore will be conducted in a manner which will assure 
the widest possible public use, understanding and enjoyment of its 
natural, cultural and scientific features. The regulations in this part 
are designed and promulgated to establish minimum standards which local 
zoning bylaws must meet in furtherance of those purposes.
    (b) The standards hereby established for approval of zoning bylaws 
or amendments of zoning bylaws--are intended: (1) To contribute to the 
effect of prohibiting the commercial and industrial use, other than 
existing commercial or industrial use not inconsistent with the purposes 
of the Act of August 7, 1961 (75 Stat. 284, 291), of all property within 
the boundaries of the Cape Cod National Seashore and situated in the 
towns of Provincetown, Truro, Wellfleet, Eastham, Orleans and Chatham; 
and (2) to promote preservation and development, in accordance with the 
purposes of the said Act, of the area comprising the seashore, by

[[Page 242]]

means of acreage, frontage and setback requirements and other provisions 
which may be required to be included in zoning bylaws consistent with 
the laws of Massachusetts. Zoning bylaws or amendments of zoning bylaws 
applicable to the area within Cape Cod National Seashore, in order that 
they may be approved, shall conform to the standards herein set forth 
relating to preservation and development of the seashore in accordance 
with the purposes of the said Act. The Secretary shall be given notice 
of any amendments to approved zoning bylaws that affect the Seashore 
District. Nothing in these standards or in the zoning bylaws adopted 
pursuant thereto for the area within Cape Cod National Seashore shall 
preclude the Secretary of the Interior from fulfilling the 
responsibilities vested in him by the Act of August 7, 1961, or by the 
Act of August 25, 1916 (39 Stat. 535), as amended and supplemented.
    (c) Wherever the term ``improved property'' is used in this part it 
shall mean a detached, one-family dwelling, the land on which it is 
situated, and accessory structures, and as further defined in section 
4(d) of the Act of August 7, 1961 (75 Stat. 284).



Sec. 27.2  Commercial and industrial activities.

    No commercial or industrial districts may be established within the 
Cape Cod National Seashore.



Sec. 27.3  Seashore District.

    (a) Description. The Seashore District shall include all those 
portions of the towns of Provincetown, Truro, Wellfleet, Eastham, 
Orleans and Chatham lying within the exterior boundaries of the Cape Cod 
National Seashore.
    (b) Zoning bylaws for the Seashore District shall be consistent with 
the objectives and purposes of the Act of August 7, 1961, so that--to 
the extent possible under Massachusetts law--the scenic, scientific and 
cultural values of the area will be protected, undeveloped areas will be 
preserved in a natural condition, and the distinctive Cape Cod character 
of existing residential structures will be maintained.
    (c)(1) No moving, alteration, or enlargement of existing one-family 
residential dwellings or structures accessory thereto situated within 
this District shall be permitted if such would afford less than a 50-
foot setback from all streets measured at a right angle with the street 
line, and a 25-foot distance from the abutters' property lines (or less 
than such lesser setback or distance requirements already in existence 
for such dwellings or accessory structures).
    (2) If through natural phenomena or causes a lot or lots are so 
diminished in size that an owner would be unable to comply with the 
setback or sideline requirements herein prescribed, such owner or the 
zoning authorities may, as provided in Sec. 27.4(b), request the 
Secretary of the Interior to determine whether a proposed move, 
reconstruction, alteration of enlargement of an existing residential 
dwelling or accessory structure would subject the property to 
acquisition by condemnation.
    (d) Zoning bylaws adopted pursuant to this regulation shall contain 
provisions designed to preserve the seashore character of the area by 
appropriate restrictions or prohibitions upon the burning of cover, 
cutting of timber, filling of land, removal of soil, loam, sand or 
gravel and dumping, storage, or piling of refuse and other unsightly 
objects or other uses which would detract from the natural or 
traditional seashore scene.
    (e) Zoning bylaws for the Seashore District may permit residential 
uses of ``improved property'' and other uses of such dwellings and their 
accessory structures: Provided, Such other uses are traditional to these 
seashore communities, are customarily incidental to the principal 
residential use and do not alter the essential character of the dwelling 
and premises as a private residence. Subject to those conditions such 
uses may include, but are not limited to: (1) Partial use of dwellings 
by residents for a professional office (as for the practice of theology, 
law or medicine), as an artists' studio, for appropriate small scale 
home occupations as the making and selling of traditional Cape Cod 
products produced on the premises, and for the rental of rooms and 
serving of meals by residents of the

[[Page 243]]

premises to overnight guests; (2) the existence of structures, such as a 
garage, barn or boathouse accessory to the dwelling; (3) display of a 
sign which may be indirectly but not directly illuminated and not to 
exceed two square feet in area, referring to the occupancy, sale, or 
rental of the premises; (4) traditional agricultural uses of cleared 
land, but not including such objectionable uses as a piggery or the 
raising of livestock, poultry or fur-bearing animals for commercial 
purposes; and (5) the opening of shellfish, the storage and use of 
fishing equipment, and other traditional fishing activities. No 
commercial or industrial ventures (other than of the types described 
above), may be established within the Seashore District.



Sec. 27.4  Variances and exceptions.

    (a) Zoning bylaws may provide for variances and exceptions.
    (b) Bylaws adopted pursuant to these standards shall contain 
provisions which constitute notice to applicants for variances and 
exceptions that, under section 5(d) of the Act of August 7, 1961, the 
Secretary of the Interior is authorized to withdraw the suspension of 
his authority to acquire, by condemnation, ``improved property'' that is 
made the subject of a variance or exception which, in his opinion, fails 
to conform or is in any manner opposed to or inconsistent with 
preservation and development of the seashore as contemplated in the said 
Act. The Secretary may be consulted at any time by zoning authorities or 
by the owner of ``improved property'' regarding the effect of a proposed 
variance or exception upon the status of the affected property with 
regard to the suspension of the Secretary's authority to condemn. The 
Secretary, within 60 days of the receipt of a request for such 
determination, or as soon thereafter as is reasonably possible, shall 
advise the owner or zoning authorities whether or not the intended use 
will subject the property to acquisition by condemnation.
    (c) The Secretary shall be promptly notified of the granting of any 
variance or exception.



PART 28--FIRE ISLAND NATIONAL SEASHORE: ZONING STANDARDS--Table of Contents




                      Subpart A--General Provisions

Sec.
28.1  Purpose.
28.2  Definitions.
28.3  Boundaries: The Community Development District; The Dune District; 
          The Seashore District.
28.4  Severability.

      Subpart B--Federal Standards and Approval of Local Ordinances

28.10  Permitted and prohibited uses.
28.11  Nonconforming uses.
28.12  Development standards.
28.13  Variance, commercial and industrial application procedures.
28.14  Emergency action.
28.15  Approval of local zoning ordinances.

               Subpart C--Federal Review and Condemnation

28.20  Review by the Superintendent.
28.21  Suspension of condemnation authority in the communities.
28.22  Condemnation authority of the Secretary.
28.23  Certificates of suspension of authority for acquisition by 
          condemnation.
28.24  Information collection.

    Authority: 16 U.S.C. 1,3,459e-2.

    Source: 56 FR 42790, Aug. 29, 1991.



                      Subpart A--General Provisions



Sec. 28.1  Purpose.

    (a) The enabling legislation for Fire Island National Seashore (the 
Seashore) mandated the Secretary of the Interior (the Secretary) to 
issue regulations which provide standards for local zoning in order to 
protect and conserve Fire Island. The regulations in this part set forth 
Federal standards to which local ordinances for Fire Island must conform 
to enable certain private property within the Seashore to be exempt from 
Federal condemnation. The standards also apply to use and development of 
public property. From time to time these standards may be reviewed and 
revised. These standards are intended:
    (1) To promote the protection and development of the land within the 
Seashore, for the purposes of the Fire Island National Seashore Act (the 
Act),

[[Page 244]]

by means of size, location, or use limitations or restrictions on 
commercial, residential, or other structures with the objective of 
controlling population density and protecting the island's natural 
resources;
    (2) To limit development and use of land to single-family homes, to 
prohibit development and use of multiple family homes, and to prohibit 
the conversion of structures to multiple family homes;
    (3) To prohibit commercial or industrial uses initiated after 
September 11, 1964 or the expansion of existing commercial or industrial 
uses on any property within the Seashore which is inconsistent with the 
Federal standards and approved local ordinances or the purposes of the 
Act, is likely to cause a significant harm to the resources of the 
Seashore or will not provide a service to Fire Island;
    (4) To recognize that the zoning authorities have the primary 
responsibility for zoning enforcement within the Seashore;
    (5) To provide that private property within the Community 
Development District may be retained by its owner as long as it is 
maintained in accordance with approved local ordinances and the Federal 
standards;
    (6) To provide that, within the Seashore District, private 
``improved property'' may be retained by its owner as long as it is 
maintained in accordance with approved local ordinances, and the Federal 
standards;
    (7) To provide that, in the Dune District, private undeveloped 
property, if otherwise subject to condemnation, may be retained by its 
owner as long as it is maintained in its natural state; and
    (8) To provide a mechanism for the Superintendent to inform 
landowners and the zoning authority if a use or development will be 
inconsistent with the Federal standards or the purposes of the Act and 
may subject the property to condemnation, subject to available funds.
    (b) The Secretary may utilize any other statutory authority 
available to the Secretary for the conservation and development of 
natural resources to the extent the Secretary finds that such authority 
will further the purpose of the Act.



Sec. 28.2  Definitions.

    (a) Accessory structure means any development which is located on 
the same lot as the principal building or use and is customarily 
incidental and subordinate to the principal building or use. Accessory 
structure may include a storage shed, dock, deck, patio, swimming pool, 
or tennis court but does not include a garbage or bicycle rack and the 
single primary access walk. Accessory structure includes a guest house 
without cooking facilities used for overnight habitation.
    (b) Act means the Fire Island National Seashore Act of September 11, 
1964, (16 U.S.C. 459e), as amended.
    (c) Building means an enclosed structure having a roof supported by 
columns, walls, or cantilevers. (If a structure is separated by a party 
wall without openings, it is considered two separate ``buildings.'')
    (d) Developed property means any property which has been altered 
from its natural state by the construction or erection of materials 
located in, upon, or attached to something located in or upon the 
ground. Such alterations may include a building, deck, swimming pool, 
storage shed, patio, dock, tennis court, septic system or leaching 
field, walkway, groin, fence or sign (except dune protection fences and 
signs), road, retaining wall, grading, artificial fill, or other 
structure or material excluding live vegetation.
    (e) Development means any activity, action, alteration, structure or 
use which changes undeveloped property into developed property.
    (f) Exception to a zoning ordinance means any development or change 
in use of developed property which is not authorized by the zoning 
ordinance or the variance procedures of the zoning authority or, if 
authorized by the zoning authority, fails to conform to the ordinance 
approved by the Secretary or to the Federal standards.
    (g) Guest house means an accessory structure on the same lot as the 
principal building that does not contain cooking facilities and is used 
for the temporary accommodation of guests of

[[Page 245]]

a resident living in the principal building.
    (h) Improved property is developed property defined by the Act to 
mean any building, the construction of which was begun prior to July 1, 
1963, together with such amount of land on which said building is 
situated as the Secretary considers reasonably necessary to the use of 
said building not, however, to exceed 2 acres in the case of a residence 
and 10 acres in the case of a commercial use. The Secretary may exclude 
from such ``improved property'' any beach or waters, as well as land 
adjoining such beach or waters, which the Secretary deems necessary for 
public access thereto.
    (i) Local ordinance means a State, town, or village law applicable 
to the development or use of real property.
    (j) Lot means a parcel of land which meets the minimum acreage and 
frontage requirements of the zoning authority and is occupied or capable 
of being legally occupied by one (1) principal building or main 
building, and the accessory structures or uses including such open 
spaces as are required by these standards, but in no case does a lot 
include lands below the toe of the natural foredune line.
    (k) Non-conforming use means any use or development that, if 
commenced after the effective date of these standards, fails to conform 
to these standards; or, if commenced prior to October 17, 1984, failed 
to conform to Federal standards in effect at the time of construction or 
fails to conform to these standards, whether or not the use or 
development was first commenced in compliance with the local ordinance.
    (l) Single-family home means a building which contains no more than 
one kitchen or cooking facility. An exterior barbecue does not 
constitute a cooking facility for the purposes of this regulation.
    (m) Undeveloped property means property which has not been altered 
from its natural state with the exception of dune protection measures 
such as snow fencing, beach nourishment, dune grass planting, or other 
approved biological or ecological sand-enhancing or stabilization 
methods.
    (n) Zoning authority means the Town of Brookhaven, the Town of 
Islip, the Village of Saltaire, the Village of Ocean Beach and/or any 
other legally incorporated village or political subdivision hereafter 
created and the officials authorized by local ordinance to make rulings 
and determinations on zoning in said towns and villages.

[56 FR 42790, Aug. 29, 1991, as amended at 62 FR 30235, June 3, 1997]



Sec. 28.3  Boundaries: The Community Development District; The Dune District; The Seashore District.

    (a) Generally. The boundaries of the Seashore are described in the 
Act, as amended, and are delineated on the official boundary maps OGP-
OOO2, dated June 1964, and amended by OGP-OOO4, dated May 1978. The maps 
are available for inspection at the Seashore headquarters. There are 
three districts: The Community Development District, the Seashore 
District, and the Dune District.
    (b) The Community Development District. (1) The seventeen 
communities which comprise the Community Development District are set 
out below with their respective west/east boundaries.

                   (i) Lighthouse Shores--Kismet Park

West Boundary: 100 feet west of the west line of West Lighthouse Walk.
East Boundary: 80 feet east of the east line of Pine Street.

                            (ii) Seabay Beach

West Boundary: Approximately 94 feet west of the west line of Seabay 
Walk.
East Boundary: Approximately 94 feet east of the east line of Seabay 
Walk.

                             (iii) Saltaire

West Boundary: 185 feet west of the west line of West Walk.
East Boundary: 85 feet east of the east line of East Walk.

                            (iv) Fair Harbor

West Boundary: 333 feet west of the west line of Cedar Walk.
East Boundary: The east line of Spruce Walk.

                              (v) Dunewood

West Boundary: The east line of Spruce Walk.

[[Page 246]]

East Boundary: 85 feet east of the east line of East Walk.

                            (vi) Lonelyville

West Boundary: 85 feet east of the east line of East Walk.
East Boundary: 100 feet east of the east line of Raven Walk.

                            (vii) Atlantique

West Boundary: 80 feet west of the west line of Sea Breeze Walk.
East Boundary: 80 feet east of the east line of East End Walk.

                           (viii) Robbins Rest

West Boundary: The west line of Compass Walk.
East Boundary: 113 feet east of the east line of Sextant Walk.

             (ix) Fire Island Summer Club--Corneille Estates

West Boundary: 100 feet west of west line of Schooner Walk.
East Boundary: 100 feet east of east line of Frigate Roadway.

                             (x) Ocean Beach

West Boundary: 7 feet west of the west line of Surf Road.
East Boundary: 2 feet east of the east line of Surf View Walk.

                              (xi) Seaview

West Boundary: East line of Surf View Walk.
East Boundary: 200 feet east of Laurel Avenue.

                          (xii) Ocean Bay Park

West Boundary: 90 feet west of the west line of Superior Street.
East Boundary: 100 feet East of the east line of Cayuga Street.

                          (xiii) Point O'Woods

West Boundary: 100 feet east of the east line of Cayuga Street.
East Boundary: Western boundary of Sunken Forest Preserve.

                           (xiv) Cherry Grove

West Boundary: The west line of West Walk.
East Boundary: Approximately 100 feet east of the east line of Ivy Walk.

                         (xv) Fire Island Pines

West Boundary: Approximately 150 feet west of the west line of Sandy 
Walk.
East Boundary: Approximately 120 feet east of Sail Walk.

                           (xvi) Water Island

West Boundary: The west line of Charach Walk.
East Boundary: Approximately 100 feet east of the east line of East 
Walk.

                            (xvii) Davis Park

West Boundary: 90 feet west of the west line of Eider Duck Walk.
East Boundary: 90 feet east of east line of Whalebone Walk.

    (2) The northern boundary of the communities listed in paragraph 
(b)(1) of this section is the mean high water line on the south shore of 
the Great South Bay.
    (3) The southern boundary of the communities listed in paragraph 
(b)(1) of this section is the mean high water line on the south shore of 
Fire Island.
    (c) The Seashore District. The Seashore District is comprised of all 
portions of the lands and waters within the boundary of the Seashore 
which are not included in the Community Development District with the 
exception of the headquarters facilities at Patchogue and the William 
Floyd Estate at Mastic.
    (d) The Dune District. The Dune District extends from the mean high 
water line to 40 feet landward of the primary natural high dune crest, 
as defined on Fire Island National Seashore Map OGP-0004 and on 
Suffolk County Property Maps, section numbers 491-498 (Islip), 002 
(Ocean Beach), 002-004 (Saltaire), and 985.70-987 (Brookhaven), as 
mapped in November 1976 or as subsequently remapped. Map overlays of the 
Dune District are available for inspection in the Office of the 
Superintendent of the Seashore. The Dune District overlaps portions of 
the Community Development District and the Seashore District.



Sec. 28.4  Severability.

    The invalidation of any provision of this part 28 by any court of 
competent

[[Page 247]]

jurisdiction shall not invalidate any other provision thereof.



      Subpart B--Federal Standards and Approval of Local Ordinances



Sec. 28.10  Permitted and prohibited uses.

    (a) The Community Development District--(1) Permitted uses. (i) The 
construction, alteration, expansion, movement, reconstruction, and 
maintenance of a detached building which is used principally as a 
single-family home, church, school, or community facility; as an 
accessory structure; or as an office for a professional occupation, as 
defined in approved local ordinances is permitted. Reconstruction of 
non-conforming uses is permitted in accordance with Sec. 28.11. A 
professional office may be maintained only incidental to a residential 
use and shall be utilized by a person residing on the premises.
    (ii) A commercial or industrial use in continuous and unchanged 
operation since September 11, 1964 is permitted. Any change in use of a 
commercial or industrial use since September 11, 1964 including 
construction, expansion, or conversion of an existing structure or a 
change in type, mode or manner of operation constitutes a new commercial 
or industrial use and may be permitted subject to the approval of the 
local zoning authority and review by the Superintendent.
    (iii) A commercial or industrial use initiated after September 11, 
1964 constitutes a new commercial or industrial use and may be permitted 
with the approval of the local zoning authority and review by the 
Superintendent. Any change in use of a commercial or industrial use 
approved by a local zoning authority after September 11, 1964, including 
construction, expansion, or conversion of an existing structure, or a 
change in type, location, mode or manner of operation, shall constitute 
a new commercial or industrial use and may be permitted with approval of 
the local zoning authority and review by the Superintendent.
    (2) Prohibited uses. (i) The construction or expansion of an 
apartment building or other building with multiple dwelling units or 
conversion of an existing building into a multiple family home is 
prohibited.
    (ii) The construction or expansion of a guest house with cooking 
facilities, or conversion of an existing structure to a guest house with 
cooking facilities is prohibited.
    (iii) The subdivision of land into lots which are less than 4000 
feet, or that do not meet the requirements of the applicable approved 
zoning ordinance is prohibited.
    (iv) The rezoning of an area zoned residential to commercial or 
industrial without review by the Secretary is prohibited.
    (b) The Seashore District--(1) Permitted uses. (i) The alteration, 
expansion, movement, and maintenance of privately-held ``improved 
property'' used as a single-family home or as an accessory structure is 
permitted. Reconstruction is permitted in accordance with Sec. 28.11.
    (ii) Any use consistent with the purposes of this Act, which is not 
likely to cause significant harm to the natural resources of the 
Seashore, on any lands, whether publicly or privately-held, which lie 
below mean high water in either the Atlantic Ocean or the Great South 
Bay is allowable.
    (2) Prohibited uses. Construction, development or expansion of any 
property other than ``improved property'' is prohibited. The provisions 
of paragraph (a)(2) of this section apply to all privately-held property 
in the Seashore District.
    (c) The Dune District--(1) Permitted uses. (i) A community vehicular 
and private or community pedestrian dune crossing approved by the zoning 
authority and reviewed by the Superintendent as necessary for access to 
areas behind the dune. Such dune protection measures as snow fencing, 
poles, beach nourishment, dune grass planting, or other scientifically 
sanctioned biological or ecological sand enhancing or stabilization 
methods are allowable.
    (ii) Residential use and maintenance of an existing structure or 
reconstruction in accordance with Sec. 28.11 is allowable.
    (2) Prohibited uses. (i) Any development subsequent to November 10, 
1978 including construction of a new structure or expansion of an 
existing structure, such as a building, bulkhead, pile,

[[Page 248]]

septic system, revetment, deck, swimming pool, or other structure or 
man-made dune stabilization device except as allowed under paragraph 
(c)(i) of this section.
    (ii) Any use of the dune, other than those outlined in paragraph 
(c)(1)(i) of this section, including recreational use.
    (3) Conflict with other provisions. If a development or lot lies 
partially within the Dune District and partially in the Community 
Development District, or partially within the Dune District and 
partially within the Seashore District, and the standards applicable to 
the development, lot, or use are in conflict, the standards for the Dune 
District prevail for the portion of the development, lot, or use which 
lies within the Dune District. (d) General recreation, environmental and 
historic preservation and education, and natural resource protection 
uses and facilities consistent with the uses and facilities appropriate 
for each zone as set forth in the General Management Plan and Final 
Environmental Impact Statement are permitted on publicly-held property.



Sec. 28.11  Nonconforming uses.

    (a) Any use or structure lawfully existing under local law as of 
October 17, 1984 and rendered nonconforming by adoption of the federal 
standards may continue, subject to the provisions of this section, and 
will not lose its exemption from condemnation, if otherwise eligible.
    (b) Change in nonconforming uses. (1) No nonconforming development 
or use may be altered, intensified, enlarged, extended, or moved except 
to bring the use or structure into conformity with the approved local 
zoning ordinance.
    (2) A nonconforming use which has been abandoned for more than one 
(1) year may not be resumed or replaced by another nonconforming use or 
structure.
    (3) A nonconforming use in the Dune District may be moved to bring 
it into conformity with the approved local zoning ordinance.
    (c) Reconstruction of nonconforming uses. If a nonconforming use or 
structure is severely damaged (as determined by fair professional 
insurance practices), destroyed or rendered a hazard, whether by fire, 
natural disaster, abandonment or neglect, no alteration, 
intensification, enlargement, reconstruction, extension, or movement is 
allowable without compliance with the following conditions:
    (1) No use or structure within the Seashore built in violation of a 
local ordinance when constructed may be reconstructed except in 
compliance with the approved local zoning ordinance.
    (2) Local building permit applications for reconstruction shall be 
filed with the appropriate zoning authority within one (1) year of the 
damage, destruction, or abandonment.
    (3) A commercial or industrial use may not be reconstructed without 
the approval of the local zoning authority and review by the 
Superintendent.
    (4) A nonconforming use in the Community Development District or in 
the Seashore District (i.e. ``improved property'') may be reconstructed 
to previous dimensions. It may not be altered, enlarged, intensified, 
extended, or moved except to bring the use or structure into conformity 
with the approved local zoning ordinance.
    (5) A nonconforming use in the Dune District may be reconstructed if 
it can conform to the approved local zoning ordinance and lie north of 
the crest of the dune at the time of reconstruction.



Sec. 28.12  Development standards.

    No use allowable under Sec. 28.10 may be developed, constructed, 
altered, or conducted unless it complies with the following:
    (a) A single-family home is the only type of development permitted 
in a residential district defined by a local zoning authority.
    (b) Commercial or industrial development is limited to commercial or 
business districts defined by a zoning authority within the Community 
Development District. Such development must provide a service to Fire 
Island and will not be likely to cause significant harm to the natural 
resources of the Seashore.
    (c) Minimum lot size is 4,000 square feet. A subdivision must comply 
with the subdivision requirements of the applicable zoning authority and 
may not

[[Page 249]]

result in development of any lot which is less than 4,000 feet.
    (d) Maximum lot occupancy for all development may not exceed 35 
percent of the lot. Lot occupancy is calculated to include all buildings 
and accessory structures on the property and any extension of the upper 
floors beyond the developed area on the ground level.
    (e) Lot occupancy of all privately-held improved property in the 
Seashore District is limited to 35 percent of the square footage of a 
lot that is less than 7,500 square feet, and to 2,625 square feet for a 
lot 7,500 square feet or greater. Lot occupancy is calculated to include 
all buildings and accessory structures on the property and any extension 
of the upper floors beyond the developed area of the ground.
    (f) No building or accessory structure may be erected to a height in 
excess of 28 feet as measured from the average existing ground elevation 
or the minimum elevation necessary to meet the prerequisites for Federal 
flood insurance as determined by the National Flood Insurance Program/
FEMA shown on Flood Insurance Rate Maps for Fire Island communities.
    (g) A swimming pool is an allowable accessory structure and is 
calculated in measuring lot occupancy.
    (h) No sign may be self-illuminated.
    (i) A zoning authority shall have in effect limitations, 
requirements, or restrictions on the burning of cover and trash, 
excavation, displacement or removal of sand or vegetation, and the 
dumping, storing, or piling of refuse materials, equipment or other 
unsightly objects which would pose safety hazards and/or detract from 
the natural or cultural scene.
    (j) A zoning authority shall have in place ordinances to lessen the 
potential for flood and related erosion and property losses consistent 
with the Federal Insurance Administration's National Flood Insurance 
Program criteria for ``Land Management and Use,'' as set forth in 24 CFR 
part 1910, subpart A, as it may from time to time be amended.



Sec. 28.13  Variance, commercial and industrial application procedures.

    (a) The zoning authority shall send the Superintendent a copy of all 
applications for variances, exceptions, special permits, and permits for 
commercial and industrial uses submitted to the zoning authority within 
five calendar days of their submission of the completed application by 
the applicant.
    (b) The zoning authority shall send the Superintendent a copy of the 
written notice of the dates and times of any public hearing to be held 
concerning an application no less than 10 days prior to the date of the 
hearing.
    (c) The zoning authority shall send the Superintendent a copy of the 
written notice within fifteen calendar days of the approval or 
disapproval of any application for a variance, exception, special 
permit, or permit and copies of any variance, exception, special permit, 
or certificate which has been granted.
    (d) The zoning authority shall send copies of all correspondence 
referred to in this section to:

The Superintendent, Special Attention: Zoning, Fire Island National 
Seashore, 120 Laurel St., Patchogue, New York 11772.



Sec. 28.14  Emergency action.

    If allowable by local law and if immediate action is essential to 
avoid or eliminate an immediate threat to the public health or safety or 
a serious and immediate threat to private property or natural resources, 
an agency or person may commence a temporary use without a permit from 
the zoning authority. In all cases, the agency or person shall inform 
the Superintendent and send an application for a permit to the zoning 
authority within 10 days after the commencement of the use and the 
applicant shall proceed in full compliance with the provisions of the 
approved local zoning ordinance. When the reasons for undertaking the 
emergency action no longer exist, the agency or person shall cease an 
emergency action taken under this section.



Sec. 28.15  Approval of local zoning ordinances.

    (a) The Secretary shall approve local ordinances or amendments to 
approved ordinances which conform to these regulations. The Secretary 
may not, however, approve an ordinance or amendment thereto which:

[[Page 250]]

    (1) Contains a provision that the Secretary considers adverse to the 
protection and development of the Seashore;
    (2) Does not comply with the federal standards set out in 
Secs. 28.10, 28.11, and 28.12; or
    (3) Fails to provide for the variance procedures of Sec. 28.13.
    (b) A zoning authority from time to time may amend its ordinance. At 
such time the Secretary may revoke the approval of any ordinance or 
portion of an ordinance which fails to conform to these regulations. 
Upon resubmission by the zoning authority of an amended ordinance, the 
Secretary shall approve the ordinance, if it conforms with the 
requirements of paragraph (a) of this section.
    (c) Secretarial approval of a local ordinance will be withdrawn if 
the Secretary finds that a zoning authority is not enforcing its 
ordinance.



               Subpart C--Federal Review and Condemnation



Sec. 28.20  Review by the Superintendent.

    (a) The Superintendent, within 15 working days of the receipt of a 
copy of an application for a variance, exception, permits for commercial 
or industrial use, or special permit submitted to the zoning authority 
for any development, use or change in use shall provide the applicant/
landowner and the appropriate zoning authority written comments on the 
application. The purpose of the Superintendent's review is to determine 
if the proposed use or development does not conform to the federal 
standards and the purposes of the Act or is likely to cause significant 
harm to the natural resources of the Seashore. If the Superintendent's 
review determines the proposal does not conform, the Superintendent 
shall inform the applicant/landowner and appropriate zoning authority 
that should the proposed use or development proceed, the National Park 
Service may seek to enjoin the development and acquire the property by 
condemnation.
    (b) The Superintendent may also appeal the decision of the zoning 
authority pursuant to procedures of local law.



Sec. 28.21  Suspension of condemnation authority in the communities.

    The Secretary has the authority to acquire land by condemnation. 
Upon Secretarial approval of local ordinances, Secretarial authority to 
acquire by condemnation private property within the communities and 
``improved property'' in the Seashore District that conforms to the 
federal standards and the provisions of the Act or is not likely to 
cause significant harm to the natural resources of the Seashore is 
suspended, except as provided for in Sec. 28.22.



Sec. 28.22  Condemnation authority of the Secretary.

    (a) The Secretary has the authority to exercise powers of 
condemnation with respect to:
    (1) Private property within the 8-mile area between the eastern 
boundary of Davis Park and the western boundary of the Smith Point 
County Park;
    (2) Any beach or water and such adjoining land as the Secretary 
determines is necessary for access to the beach or water;
    (3) Any property for which the Certificate of Suspension of 
Authority for Acquisition by Condemnation has been revoked;
    (4) Any property, if the approval of the ordinance of the zoning 
authority has been revoked; partially revoked, or an exception was made 
to the Secretarial approval and such property fails to conform to these 
standards, or any property where the appropriate local zoning authority 
does not have an ordinance approved by the Secretary;
    (5) Any property built or altered after October 17, 1984 that does 
not conform to the regulations in this part 28;
    (6) Any property which becomes an exception to or has been granted a 
variance, exception, or special use permit after October 17, 1984 that 
fails or will fail to conform to the regulations in this part 28;
    (7) Any new commercial or industrial use that the Superintendent has 
determined does not conform with Sec. 28.20(a). A new commercial or 
industrial use is defined as any commercial or industrial use commenced 
after September 11, 1964. Any change in use of a commercial or 
industrial use including

[[Page 251]]

construction, expansion, or conversion of an existing structure, or 
change in type, location, mode, or manner of operation, constitutes a 
new commercial or industrial use;
    (8) Any property with respect to which the Secretary's authority to 
condemn was not suspended and the property failed to conform to the 
federal standards existing at the time of construction, modification, or 
commencement of a use, unless such construction, modification or use 
conforms to the current federal standards; and
    (9) Any property in violation of a local ordinance required by 
Sec. 28.12 (i) and (j).
    (b) Undeveloped property which is otherwise subject to condemnation 
under the Act is not subject to condemnation if it is located in the 
Dune District and is maintained in its natural state.
    (c) The Secretarial authority to condemn any property in the 
Seashore is suspended for any structure or use constructed, modified, or 
commenced prior to October 17, 1984 if:
    (1) It was built or conducted in conformity with local zoning 
ordinances and procedures in effect at the time of such construction or 
commencement or had been issued a variance under local law;
    (2) It was built or conducted in conformity to the federal standards 
existing at the time of such construction or commencement or to these 
standards; and
    (3) The local zoning ordinance is approved by the Secretary without 
exceptions, or if approved by the Secretary with exceptions, such 
exceptions are not pertinent or applicable to the property.
    (d) The above provisions shall not be interpreted to otherwise limit 
or circumscribe the authority of the Secretary to condemn property as 
provided by the Act, or other provisions of law.



Sec. 28.23  Certificates of suspension of authority for acquisition 
by condemnation.

    Upon approval of a local zoning ordinance, a private property owner 
may apply to the Superintendent for a Certificate of Suspension of 
Authority for Acquisition by Condemnation. Procedures for obtaining a 
certificate are as follows:
    (a) A property owner shall submit an application for a certificate 
to:

Superintendent,
Fire Island National Seashore,
120 Laurel Street,
Patchogue, New York 11772.

    (b) An application for a certificate shall contain:
    (1) A current survey of the lot showing the dimension of all 
buildings, accessory structures, garbage and bicycle racks, all access 
walks, and any extensions of the upper floors beyond the developed area 
on the ground level;
    (2) On the survey, the line of mean high water, the toe of the dune, 
and the crest of the dune shall be identified if they traverse the lot;
    (3) A floor plan of each floor of each building showing the 
configuration of all rooms and cooking facilities;
    (4) A vertical drawing of the structure showing actual ground level 
and building height; and
    (5) Copies of the original and all subsequent building permit 
applications and permits, certificates of occupancy, certified-as-
completed surveys, variances, special use permits, certificates of pre-
existing use, or other documents relating to local authorization to 
develop or use the property. The burden rests on the applicant to show 
that the structure conformed to local law at the time of construction 
and at the time of each subsequent alteration and that the structure 
conforms to current federal standards.
    (6) For commercial or industrial uses, the owner of the property 
shall submit further information describing the type, mode, and manner 
of operation. All local, county, state, or federal licenses and permits 
required for construction, occupancy, operation of the commercial 
activity shall be submitted. Any change in use as described in 
Sec. 28.10(a)(1)(iii) will require application for a new certificate.
    (c) Upon receipt of the application, the Superintendent shall 
conduct a site inspection of both the interior and exterior of the 
property.

[[Page 252]]

    (d) After review of the materials submitted by the applicant and 
other pertinent information, and completion of the site inspection, the 
Superintendent shall determine whether the Secretary's authority to 
acquire by condemnation is suspended, and if so, shall furnish to any 
eligible party in interest a Certificate of Suspension of Authority for 
Acquisition by Condemnation.
    (e) A Certificate of Suspension of Authority for Acquisition by 
Condemnation may be revoked at any time that the Secretary's authority 
to condemn is reinstated or that it becomes evident to the 
Superintendent that the Certificate was initially issued by mistake or 
on misinformation.



Sec. 28.24  Information collection.

    The collection of information contained in Secs. 28.13, and 28.23 
have been approved by the Office of Management and Budget under 44 
U.S.C. 3501 et seq. and assigned clearance number 1024-0050. The 
information will be used to determine if private property conforms to 
the federal regulations. Response is required to obtain a benefit in 
accordance with 16 U.S.C. Section 459e et seq.



PART 30--WHISKEYTOWN-SHASTA-TRINITY NATIONAL RECREATION AREA: ZONING 
STANDARDS FOR WHISKEYTOWN UNIT--Table of Contents




Sec.
30.1  Introduction.
30.2  General provisions.
30.3  Recreation District I.
30.4  Recreation District II.
30.5  Variances, exceptions, and use permits.

    Authority: Subsection 2(e), 79 Stat. 1295, 1297; sec. 3, 39 Stat. 
535; 16 U.S.C. 460q-1(e); 16 U.S.C. 3.

    Source: 32 FR 13189, Sept. 16, 1967, unless otherwise noted.



Sec. 30.1  Introduction.

    (a) Administration of the Whiskeytown Unit is required to be 
coordinated with the other purposes of the Central Valley project and 
with the purposes of the recreation area as a whole so as to provide 
for: (1) Public outdoor recreation benefits; (2) conservation of scenic, 
scientific, historic, and other values contributing to public enjoyment; 
and (3) such management, utilization and disposal of renewable natural 
resources as in the judgment of the Secretary of the Interior will 
promote or is compatible with, and does not significantly impair, public 
recreation and conservation of scenic, scientific, historic, or other 
values contributing to public enjoyment.
    (b) The Secretary may not acquire without consent of the owner any 
privately owned ``improved property'' or interests therein within the 
boundaries of the unit, so long as the appropriate local zoning agency 
(Shasta County), shall have in force and applicable to such property a 
duly adopted, valid, zoning ordinance that is approved by the Secretary. 
This suspension of the Secretary's authority to acquire ``improved 
property'' without the owner's consent would automatically cease: (1) If 
the property is made the subject to a variance or exception to any 
applicable zoning ordinance that does not conform to the applicable 
standards contained in the regulations in this part; or (2) if such 
property is put to any use which does not conform to any applicable 
zoning ordinance approved by the Secretary.
    (c) ``Improved property'' as used in this section, means any 
building or group of related buildings, the actual construction of which 
was begun before February 7, 1963, together with not more than 3 acres 
of land in the same ownership on which the building or group of 
buildings is situated, but the Secretary may exclude from such 
``improved property'' any shore or waters, together with so much of the 
land adjoining such shore or waters, as he deems necessary for public 
access thereto.
    (d) The regulations in this part specify the standards with which 
local zoning ordinances for the Whiskeytown Unit must conform if the 
``improved property'' within the boundaries of that unit is to be exempt 
from acquisition by condemnation. The objectives of the regulations in 
this part are to: (1) Prohibit new commercial or industrial uses other 
than those which the Secretary considers to be consistent with the 
purposes of the act establishing the national recreation area; (2) 
promote the protection and development of properties in keeping with the

[[Page 253]]

purposes of that act by means of use, acreage, frontage, setback, 
density, height, or other requirements; and (3) provide that the 
Secretary receive notice of any variance granted under, or any exception 
made to, the application of the zoning ordinance approved by him.
    (e) Following promulgation of the regulations in this part in final 
form, the Secretary is required to approve any zoning ordinance or any 
amendment to an approved zoning ordinance submitted to him which 
conforms to the standards contained in the regulations in this part in 
effect at the time of adoption of the ordinance or amendment. Within 60 
days following submission, the county will be notified of the 
Secretary's approval or disapproval of the zoning ordinances or 
amendments thereto. If more than 60 days is required the county will be 
notified of the expected delay and of the additional time deemed 
necessary to reach a decision. The Secretary's approval shall remain 
effective so long as the zoning ordinances or amendments thereto remain 
in effect as approved.
    (f) Nothing contained in the regulations in this part or in the 
zoning ordinances or amendments adopted for the Whiskeytown Unit to 
implement the regulations in this part shall preclude the Secretary from 
exercising his power of condemnation at any time with respect to 
property other than ``improved property'' as defined herein. Nor shall 
the regulations in this part preclude the Secretary from otherwise 
fulfilling the responsibilities vested in him by the act authorizing 
establishment of the Whiskeytown-Shasta-Trinity National Recreation 
Area, by the Act of August 25, 1916 (39 Stat. 535, 16 U.S.C. 3), as 
amended and supplemented, and such other statutory authorities relating 
to the National Park System.



Sec. 30.2  General provisions.

    (a) Following issuance of the regulations in this part, Shasta 
County shall submit to the Secretary for his approval, all zoning 
ordinances and amendments thereto duly adopted by the county which are 
in force and applicable to property within the Whiskeytown Unit and 
which demonstrate conformity with the standards contained in the 
regulations in this part. This shall include any ordinances and 
amendments in effect prior to the issuance of the regulations in this 
part which demonstrate such conformity and any that have been adopted 
specifically to implement the regulations in this part.
    (b) Any new uses, and the location, design and scope of any new 
developments, permitted under the regulations in this part shall be 
harmonized with adjacent uses, developments and the natural features and 
shall be consistent with the current Master Plan proposed or adopted by 
the National Park Service for the Whiskeytown Unit, so as to minimize 
disruption of the natural scene and to further the public recreational 
purposes of the aforesaid establishment act for this unit.
    (c) Zoning ordinances for the districts hereinafter prescribed shall 
conform to the general and specific standards contained in the 
regulations in this part to assure that use and development of the lands 
within the Whiskeytown Unit are consistent with the objectives of the 
Congress to protect and preserve the values of the lands in such unit 
for public use and enjoyment, as set out in the Act of November 8, 1965 
(79 Stat. 1295). Except as otherwise provided herein, no additional or 
increased commercial or industrial uses are permitted within these 
districts. Any existing nonconforming commercial or industrial uses 
shall be discontinued within 10 years from the date of this section: 
Provided, however, That with the approval of the Secretary such 10-year 
period may be extended by the county for an additional period of time 
sufficient to allow the owner a reasonable opportunity to amortize 
investments made in the property before November 8, 1965.



Sec. 30.3  Recreation District I.

    (a) Definition. This district shall comprise all those portions of 
the Whiskeytown Unit of the Whiskeytown-Shasta-Trinity National 
Recreation Area delineated as ``Recreation District I'' on a map bearing 
the identification NRA-WHI1000, and dated August 1966.

[[Page 254]]

    (b) The following uses are permitted in Recreation District I 
provided the Shasta County Planning Commission has issued a use permit 
in each case:
    (1) Single-family dwellings, not including tents and trailers, but 
including servants' quarters in the same structure or in an accessory 
dwelling, and one noncommercial guest house. Such residential uses shall 
meet the following requirements:
    (i) Minimum building site area--3 acres; but a lesser acreage may be 
utilized for this purpose if, on or before February 7, 1963, the site 
was in separate ownership and within a recorded subdivision.
    (ii) Maximum building height--35 feet.
    (iii) Minimum frontage--150 feet.
    (iv) Minimum front yard setback--75 feet.
    (v) Minimum side yard setback--50 feet.
    (vi) Minimum rear yard setback--25 feet.
    (vii) Maximum percentage of lot coverage permitted--10 percent.
    (2) Moving, alteration, or improvement of existing residences or 
accessory structures provided there is compliance with the acreage, 
frontage, setback, density, height, and other requirements prescribed 
for residential uses under paragraph (b)(1) of this section, And 
provided, further, That such moving alteration, or improvement does not 
alter the residential character of the premises. Any moving, alteration 
or improvement of such structures that would result in a deviation from 
these prescribed limitations and requirements would subject the property 
to acquisition without consent of the owner, unless the Secretary has 
waived such limitations or requirements.
    (3) Tree farming under a timber management plan that conforms to the 
California Forest Practices Act.
    (4) Riding stables.
    (5) Campgrounds, organizational camps and picnic areas.
    (6) Limited agricultural uses such as truck gardening, provided 
these uses do not require the extensive cutting or clearing of wooded 
areas and are not otherwise destructive of natural or recreational 
values.
    (7) Clearing and removal of trees, shrubbery, and other vegetation 
to the extent necessary in order to permit the exercise of a use 
otherwise allowed within this district.
    (8) Recreational pursuits such as horseshoe pitching, archery, 
croquet, tennis, softball, volley ball, and similar outdoor game-type 
activities compatible with the recreational purposes of the area.
    (9) Religious and educational uses.
    (10) Removal of gravel, sand, and rock or other alteration of the 
landscape to the minimum extent necessary for the construction of an 
access road to the property on which a use is permitted. In all other 
circumstances, such removal or alteration shall be permitted only to the 
minimum extent necessary to make possible the exercise of a use 
otherwise permitted in this district.
    (11) Signs that are appurtenant to any permitted use and which (i) 
do not exceed 1 square foot in area for any residential use; (ii) do not 
exceed 4 square feet in area for any other use, including advertisement 
of the sale or rental of property; and (iii) which are not illuminated 
by any neon or flashing device. Such signs may be placed only on the 
property on which the advertised use occurs, or on the property which is 
advertised for sale or rental. Signs shall be subdued in appearance, 
harmonizing in design and color with the surroundings and shall not be 
attached to any tree or shrub. Nonconforming signs may continue such 
nonconformity until they are destroyed, moved, structurally altered or 
redesigned, but the period of such nonconformity may not exceed 2 years 
from the date a zoning ordinance containing this limitation is adopted 
by Shasta County.
    (12) Accessory uses and temporary removable structures appurtenant 
to any permitted use.
    (c) Any use not included above as a permitted use shall be deemed a 
prohibited use. Moreover, all land within the boundaries of the 
Whiskeytown Unit, except certain ``improved property'' as defined 
herein, will be acquired by the United States as rapidly as appropriated 
funds are made available therefor and before any development occurs 
thereon. Any property

[[Page 255]]

that is developed before such acquisition takes place will be subject to 
acquisition by the Secretary without consent of the owner.



Sec. 30.4  Recreation District II.

    (a) Definition: This district shall comprise all those portions of 
the Whiskeytown Unit of the Whiskeytown-Shasta-Trinity National 
Recreation Area delineated as ``Recreation District II'' on a map 
bearing the identification NRA-WHI-1000 and dated August 1966.
    (b) The following uses are permitted in Recreation District II:
    (1) All uses permitted in Recreation District I, subject to all the 
limitations, conditions and requirements prescribed for such uses in 
that district.
    (2) The following additional uses are permitted in Recreation 
District II, provided the Shasta County Planning Commission has issued a 
use permit in each case:
    (i) Agricultural pursuits such as crop farming, grazing, animal 
husbandry, nurseries, and greenhouses.
    (ii) Stands for retail sales of products produced on the premises.
    (iii) Measures to promote conservation of soil, water, and 
vegetation, including reforestation and tree stand improvement, and 
measures to reduce fire hazards.
    (iv) Public or privately operated parks and playgrounds.
    (v) Trailer campgrounds.
    (vi) Golf courses.
    (vii) Heliports, provided they are located and screened so their 
operations will cause a minimum of interference with public recreational 
use and enjoyment of the area.
    (viii) Accessory structures, facilities, and utilities as necessary 
to make possible the exercise of any use otherwise permitted.
    (c) Structures developed for the exercise of the additional uses 
listed under paragraph (b)(2) of this section shall not exceed two 
stories in height (35 feet), shall have a minimum principal use area of 
5 acres, and shall have a front yard setback of not less than 100 feet 
from the nearest right-of-way line of a road or street. However, a 
lesser area than 5 acres may be utilized for such purposes if the 
property in question was in separate ownership on February 7, 1963.
    (d) Any use not included above as a permitted use shall be deemed a 
prohibited use. Moreover, all land within the boundaries of the 
Whiskeytown Unit, except certain ``improved property'' as defined 
herein, will be acquired by the United States as rapidly as appropriated 
funds are made available therefor and before any development occurs 
thereon. Any property that is developed before such acquisition takes 
place will be subject to acquisition by the Secretary without consent of 
the owner.



Sec. 30.5  Variances, exceptions, and use permits.

    (a) Zoning ordinances or amendments thereto, for the zoning 
districts comprising the Whiskeytown Unit of the Whiskeytown-Shasta-
Trinity National Recreation Area may provide for the granting of 
variances and exceptions.
    (b) Zoning ordinances or amendments thereto for each of the 
districts established by the regulations in this part shall contain 
provisions advising applicants for variances and exceptions that, under 
section 2(f) of the Act of November 8, 1965, the authority of the 
Secretary to acquire ``improved property'' without the owner's consent 
would be reinstated (1) if such property is made the subject of a 
variance or exception to any applicable zoning ordinance that does not 
conform to any applicable standard contained in the regulations in this 
part; or (2) if such property is put to any use which does not conform 
to any applicable zoning ordinance approved by the Secretary.
    (c) The Shasta County Planning Commission, or private owners of 
``improved property'' may consult the Secretary as to whether the grant 
of any proposed variance or exception would terminate the suspension of 
his authority to acquire the affected property without consent of the 
owner, and may request the approval of a variance or exception by the 
Secretary: Provided, The Secretary is notified in writing at least 30 
days in advance of the hearing on the application for the variance or 
exception. The Secretary within 30 days after the receipt of a request 
for approval of a variance or exception,

[[Page 256]]

shall advise the owner or the Commission whether or not the intended use 
will subject the property to acquisition by condemnation. If more than 
30 days is required by the Secretary for such determination, he shall so 
notify the owner or Commission, stating the additional time required and 
the reasons therefor.
    (d) The Secretary shall be given written notice of any variance 
granted under, or exception made to the application of, a zoning 
ordinance or amendment thereof approved by him. The Secretary shall be 
provided a copy of every use permit granted by the Shasta County 
Planning Commission authorizing any use or development of lands within 
the boundaries of the Whiskeytown Unit of the recreation area.



PART 34--EL PORTAL ADMINISTRATIVE SITE REGULATIONS--Table of Contents




Sec.
34.1  Purpose.
34.2  Applicability and scope.
34.3  Penalties.
34.4  Definitions.
34.5  Applicable regulations.
34.6  Fires.
34.7  Cultivation of controlled substances.
34.8  Preservation of natural, cultural and archeological resources.
34.9  Protective custody.
34.10  Saddle and pack animals.
34.11  Boating operations.
34.12  Information collection.

    Authority: 16 U.S.C. 1, 3, 47-1, 460l-6a(e).

    Source: 51 FR 29103, Aug. 14, 1986, unless otherwise noted.



Sec. 34.1  Purpose.

    These regulations provide for the protection of persons, property 
and natural and cultural resources within the El Portal Administrative 
Site.



Sec. 34.2  Applicability and scope.

    (a) The regulations in this part apply to all persons entering, 
using, visiting, residing on or otherwise within the boundaries of the 
El Portal Administrative Site. All regulations apply throughout the 
site, with certain specific exceptions provided for leased lands.
    (b) The regulations in this part may be enforced only by persons 
authorized to enforce the other provisions of this chapter.



Sec. 34.3  Penalties.

    (a) A person convicted of violating a provision of the regulations 
contained in this part shall be punished by a fine not exceeding $500 or 
by imprisonment not exceeding 6 months, or both, and shall be adjudged 
to pay all costs of the proceedings.
    (b) Notwithstanding the provision of paragraph (a) of this section, 
a person convicted of violating Sec. 34.5(b)(15) of this chapter shall 
be punished by a fine of not more than $100.



Sec. 34.4  Definitions.

    When used in regulations in this part:
    Administrative site means all of the federally owned or controlled 
lands and waters administered by the National Park Service pursuant to 
16 U.S.C. 47-1 (72 Stat. 1772), in the vicinity of El Portal, 
California.
    Leased lands means all lands within the administrative site in which 
there is a lawful possessory interest in addition to that of the 
National Park Service, which have been leased, permitted or otherwise 
assigned by the Superintendent. All other lands within the 
administrative site are nonleased lands.



Sec. 34.5  Applicable regulations.

    The following sections and paragraphs of this chapter, as amended 
from time to time, apply to the administrative site and are hereby 
incorporated and made a part of this part except as modified by the 
regulations in this part:
    (a) General provisions. (1) 1.2(d) Applicability and scope; 
exception for administrative activities.
    (2) 1.4  Definitions.
    (3) 1.5  Closures and public use limits.
    (4) 1.6  Permits.
    (5) 1.7  Public notice.
    (b) Resource Protection, Public Use and Recreation.
    (1) 2.1  Preservation of natural, cultural and archeological 
resources.
    (2) 2.2  Wildlife protection.
    (3) 2.3  (a), (c) and (f) Fishing.
    (4) 2.4  Weapons, traps and nets.

[[Page 257]]

    (5) 2.5  Research specimens.
    (6) 2.10  Camping and food storage.
    (7) 2.11  Picnicking.
    (8) 2.12  Audio disturbances.
    (9) 2.13  Fires.
    (10) 2.14  Sanitation.
    (11) 2.15  (a) (1), (3), (4) and (5); (c); (d); (e) and (f) Pets.
    (12) 2.17  Aircraft and air delivery.
    (13) 2.21  Smoking.
    (14) 2.22  Property.
    (15) 2.23  Recreation fees.
    (16) 2.30  Misappropriation of property and services.
    (17) 2.31  Trespassing, tampering and vandalism.
    (18) 2.32  Interfering with agency function.
    (19) 2.33  Report of injury or damage.
    (20) 2.34  Disorderly conduct.
    (21) 2.35  Alcoholic beverages and controlled substances.
    (22) 2.36  (a) Gambling.
    (23) 2.37  Noncommercial soliciting.
    (24) 2.38  Explosives.
    (25) 2.50  Special events.
    (26) 2.51  Public assemblies, meetings.
    (27) 2.52  Sale or distribution of printed matter.
    (28) 2.61  Residing on Federal lands.
    (29) 2.62  Memorialization.
    (c) Boating and Water Use Activities.
    (1) 3.1  Applicable regulations.
    (2) 3.3  Permits.
    (3)  3.4 Accidents.
    (4) 3.5  Inspections.
    (5) 3.6  (a) and (b) Prohibited operations.
    (6) 3.21  (a) (1), (2) and (b) Swimming and bathing.
    (d) Vehicles and traffic safety. (1) 4.2 State law applicable.
    (2) 4.4 Report of motor vehicle accident.
    (3) 4.10(a), (c)(1) and (c)(2) Travel on park roads and designated 
routes.
    (4) 4.11 Load, weight and size limits.
    (5) 4.12 Traffic control devices.
    (6) 4.14 Open container of alcoholic beverage.
    (7) 4.21 Speed limits.
    (8) 4.22 Unsafe operation.
    (9) 4.23 Operating under the influence of alcohol or drugs.
    (e) Commercial and Private Operations.
    (1) 5.1  Advertisements.
    (2) 5.2  Alcoholic beverages; sale of intoxicants.
    (3) 5.3  Business operations.
    (4) 5.5  Commercial photography.
    (5) 5.7  Construction of buildings or other facilities.
    (6) 5.8  Discrimination in employment practices.
    (7) 5.9  Discrimination in furnishing public accommodations and 
transportation services.
    (8) 5.13  Nuisances.
    (9) 5.14  Prospecting, mining, and mineral leasing.

[51 FR 29103, Aug. 14, 1986, as amended at 52 FR 10686, Apr. 2, 1987]



Sec. 34.6  Fires.

    (a) All wildland, vehicular or structural fires shall be reported to 
the Superintendent immediately.
    (b) Nonconflicting provisions of the California State Forest and 
Fire Laws and Regulations are adopted as a part of this part. Violation 
of any of these regulations is prohibited.
    (c) The kindling of any open fire, including the burning of debris, 
is prohibited without a permit from the Superintendent.
    (d) On undeveloped, untended or otherwise open land, operating any 
equipment powered by an internal combustion engine without a spark 
arrestor maintained in effective working order is prohibited. Such spark 
arrestor shall also meet either the USDA Forest Service Standard 5100-1a 
or the Society of Automotive Engineers Recommended Practice J335 or 
J350.
    (e) The Superintendent may, during periods of high fire danger or 
diminished water supply, temporarily limit use and consumption of 
domestic water. These limitations shall be published. Violation of a 
limitation established by the Superintendent is prohibited.
    (f) An owner or operator of a commercial establishment located 
within the administrative site shall comply with applicable standards 
prescribed by the National Fire Codes, Federal OSHA, CAL OSHA and other 
applicable laws, regulations and standards.

[[Page 258]]



Sec. 34.7  Cultivation of controlled substances.

    In addition to the provisions of Sec. 2.35 of this chapter, the 
planting, cultivating, harvesting, drying or processing of a controlled 
substance, or any part thereof, is prohibited.



Sec. 34.8  Preservation of natural, cultural and archeological resources.

    In addition to the provisions of Sec. 2.1 of this chapter, the 
following are in effect:
    (a) Upon nonleased lands, the cutting or removal of any tree, plant, 
or shrub or part thereof is prohibited without a permit from the 
Superintendent.
    (b) Upon leased lands, the cutting or removal of any tree, plant, 
shrub or part thereof that is six inches or less in diameter, for the 
purpose of maintaining its proper health and appearance or for reasons 
of public safety, is allowed. Cutting or removing any vegetation 
exceeding six inches in diameter without a permit from the 
Superintendent is prohibited.
    (c) Upon leased lands, the planting of personal gardens or domestic 
trees is allowed subject to all applicable Federal, State, and County 
agricultural regulations. Provided, however: the Superintendent may 
temporarily suspend this general privilege in the event of a water 
shortage or agricultural pest or disease emergency.
    (d) Wood gathering is prohibited except in accordance with 
conditions and within areas designated by the Superintendent. Violation 
of such conditions or gathering wood outside of designated areas is 
prohibited.



Sec. 34.9  Protective custody.

    (a) An authorized person, with reasonable cause to believe that a 
juvenile found within the administrative site has been unlawfully abused 
or neglected by any person living in the juvenile's place of residence, 
may take such juvenile into protective custody. An authorized person 
taking protective custody action pursuant to this paragraph shall 
deliver the juvenile to the care and custody of the appropriate State or 
local authorities.
    (b) An authorized person, with reasonable cause to believe that a 
person found within the administrative site is either temporarily or 
permanently psychologically or mentally impaired to a degree that the 
person is gravely disabled or that presents a clear danger to that 
person or another, may take such person into protective custody. An 
authorized person taking protective custody action pursuant to this 
paragraph shall deliver the person to the care of the Mariposa County 
Mental Health Authorities for an initial 72-hour evaluation in 
accordance with applicable provisions of the California Welfare and 
Institutions Code.
    (c) An authorized person may take into protective custody any 
juvenile found within the administrative site who is deemed to be a 
runaway according to applicable provisions of the California Welfare and 
Institutions Code. An authorized person taking protective custody action 
pursuant to this paragraph shall deliver the juvenile to the care and 
custody of the Mariposa County Sheriff's Office.



Sec. 34.10  Saddle and pack animals.

    The use of saddle and pack animals is prohibited without a permit 
from the Superintendent.



Sec. 34.11  Boating operations.

    The launching or operation of a motor boat is prohibited.



Sec. 34.12  Information collection.

    The information collection requirements contained in Secs. 34.6, 
34.8 and 34.10 have been approved by the Office of Management and Budget 
under 44 U.S.C. 3501 et seq., and assigned clearance number 1024-0026. 
This information is being collected to solicit information necessary for 
the Superintendent to issue permits and other benefits, and to gather 
information. This information will be used to grant administrative 
benefits. The obligation to respond is required to obtain a benefit.



PART 51--CONCESSION CONTRACTS--Table of Contents




                    Subpart A--Authority and Purpose

Sec.
51.1  What does this part cover?

[[Page 259]]

51.2  What is the policy underlying concessions contracts?

                     Subpart B--General Definitions

51.3  How are terms defined in this part?

         Subpart C--Solicitation, Selection and Award Procedures

51.4  How will the Director invite the general public to apply for the 
          award of a concession contract?
51.5  What information will the prospectus include?
51.6  Will a concession contract be developed for a particular potential 
          offeror?
51.7  How will information be provided to a potential offeror after the 
          prospectus is issued?
51.8  Where will the Director publish the notice of availability of the 
          prospectus?
51.9  How do I get a copy of the prospectus?
51.10  How long will I have to submit my proposal?
51.11  May the Director amend, extend, or cancel a prospectus or 
          solicitation?
51.12  Are there any other additional procedures that I must follow to 
          apply for a concession contract?
51.13  When will the Director determine if proposals are responsive?
51.14  What happens if no responsive proposals are submitted?
51.15  May I clarify, amend or supplement my proposal after it is 
          submitted?
51.16  How will the Director evaluate proposals and select the best one?
51.17  What are the selection factors?
51.18  When must the Director reject a proposal?
51.19  Must the Director award the concession contract that is set forth 
          in the prospectus?
51.20  Does this part limit the authority of the Director?
51.21  When must the selected offeror execute the concession contract?
51.22  When may the Director award the concession contract?

        Subpart D--Non-Competitive Award of Concession Contracts

51.23  May the Director extend an existing concession contract without a 
          public solicitation?
51.24  May the Director award a temporary concession contract without a 
          public solicitation?
51.25  Are there any other circumstances in which the Director may award 
          a concession contract without public solicitation?

       Subpart E--Right of Preference to a New Concession Contract

51.26  What solicitation, selection and award procedures apply when a 
          preferred offeror exists?
51.27  Who is a preferred offeror and what are a preferred offeror's 
          rights to the award of a new concession contract?
51.28  When will the Director determine whether a concessioner is a 
          preferred offeror?
51.29  How will I know when a preferred offeror exists?
51.30  What must a preferred offeror do before it may exercise a right 
          of preference?
51.31  What happens if a preferred offeror does not submit a responsive 
          proposal?
51.32  What is the process if the Director determines that the best 
          responsive proposal was not submitted by a preferred offeror?
51.33  What if a preferred offeror does not timely amend its proposal to 
          meet the terms and conditions of the best proposal?
51.34  What will the Director do if a selected preferred offeror does 
          not timely execute the new concession contract?
51.35  What happens to a right of preference if the Director receives no 
          responsive proposals?

               Subpart F--Determining a Preferred Offeror

51.36  What conditions must be met before the Director determines that a 
          concessioner is a preferred offeror?
51.37  How will the Director determine that a new concession contract is 
          a qualified concession contract?
51.38  How will the Director determine that a concession contract is an 
          outfitter and guide concession contract?
51.39  What are some examples of outfitter and guide concession 
          contracts?
51.40  What are some factors to be considered in determining that 
          outfitter and guide operations are conducted in the 
          backcountry?
51.41  If the concession contract grants a compensable interest in real 
          property improvements, will the Director find that the 
          concession contract is an outfitter and guide concession 
          contract?
51.42  Are there exceptions to this compensable interest prohibition?
51.43  Who will make the determination that a concession contract is an 
          outfitter and guide contract?
51.44  How will the Director determine if a concessioner was 
          satisfactory for purposes of a right of preference?

[[Page 260]]

51.45  Will a concessioner that has operated for less than the entire 
          term of a concession contract be considered a satisfactory 
          operator?
51.46  May the Director determine that a concessioner has not operated 
          satisfactorily after a prospectus is issued?
51.47  How does a person appeal a decision of the Director that a 
          concessioner is or is not a preferred offeror?
51.48  What happens to a right of preference in the event of termination 
          of a concession contract for unsatisfactory performance or 
          other breach?
51.49  May the Director grant a right of preference except in accordance 
          with this part?
51.50  Does the existence of a preferred offeror limit the authority of 
          the Director to establish the terms of a concession contract?

                 Subpart G--Leasehold Surrender Interest

51.51  What special terms must I know to understand leasehold surrender 
          interest?
51.52  How do I obtain a leasehold surrender interest?
51.53  When may the Director authorize the construction of a capital 
          improvement?
51.54  What must a concessioner do before beginning to construct a 
          capital improvement?
51.55  What must a concessioner do after substantial completion of the 
          capital improvement?
51.56  How will the construction cost for purposes of leasehold 
          surrender interest value be determined?
51.57  How does a concessioner request arbitration of the construction 
          cost of a capital improvement?
51.58  What actions may or must the concessioner take with respect to a 
          leasehold surrender interest?
51.59  Will leasehold surrender interest be extinguished by expiration 
          or termination of a leasehold surrender interest concession 
          contract or may it be taken for public use?
51.60  How will a new concession contract awarded to an existing 
          concessioner treat a leasehold surrender interest obtained 
          under a prior concession contract?
51.61  How is an existing concessioner who is not awarded a new 
          concession contract paid for a leasehold surrender interest?
51.62  What is the process to determine the leasehold surrender interest 
          value when the concessioner does not seek or is not awarded a 
          new concession contract?
51.63  When a new concessioner pays a prior concessioner for a leasehold 
          surrender interest, what is the leasehold surrender interest 
          in the related capital improvements for purposes of a new 
          concession contract?
51.64  May the concessioner gain additional leasehold surrender interest 
          by undertaking a major rehabilitation or adding to a structure 
          in which the concessioner has a leasehold surrender interest?
51.65  May the concessioner gain additional leasehold surrender interest 
          by replacing a fixture in which the concessioner has a 
          leasehold surrender interest?
51.66  Under what conditions will a concessioner obtain a leasehold 
          surrender interest in existing real property improvements in 
          which no leasehold surrender interest exists?
51.67  Will a concessioner obtain leasehold surrender interest as a 
          result of repair and maintenance of real property 
          improvements?

                     Subpart H--Possessory Interest

51.68  If a concessioner under a 1965 Act concession contract is not 
          awarded a new concession contract, how will a concessioner 
          that has a possessory interest receive compensation for its 
          possessory interest?
51.69  What happens if there is a dispute between a new concessioner and 
          a prior concessioner as to the value of the prior 
          concessioner's possessory interest?
51.70  If a concessioner under a 1965 Act concession contract is awarded 
          a new concession contract, what happens to the concessioner's 
          possessory interest?
51.71  What is the process to be followed if there is a dispute between 
          the prior concessioner and the Director as to the value of 
          possessory interest?
51.72  If a new concessioner is awarded the contract, what is the 
          relationship between leasehold surrender interest and 
          possessory interest?

                Subpart I--Concession Contract Provisions

51.73  What is the term of a concession contract?
51.74  When may a concession contract be terminated by the Director?
51.75  May the Director segment or split concession contracts?
51.76  May the Director include in a concession contract or otherwise 
          grant a concessioner a preferential right to provide new or 
          additional visitor services?
51.77  Will a concession contract provide a concessioner an exclusive 
          right to provide visitor services?
51.78  Will a concession contract require a franchise fee and will the 
          franchise fee be subject to adjustment?
51.79  May the Director waive payment of a franchise fee or other 
          payments?
51.80  How will the Director establish franchise fees for multiple 
          outfitter and

[[Page 261]]

          guide concession contracts in the same park area?
51.81  May the Director include ``special account'' provisions in 
          concession contracts?
51.82  Are a concessioner's rates required to be reasonable and subject 
          to approval by the Director?
51.83  Handicrafts. [Reserved]

      Subpart J--Assignment or Encumbrance of Concession Contracts

51.84  What special terms must I know to understand this part?
51.85  What assignments require the approval of the Director?
51.86  What encumbrances require the approval of the Director?
51.87  Does the concessioner have an unconditional right to receive the 
          Director's approval of an assignment or encumbrance?
51.88  What happens if an assignment or encumbrance is completed without 
          the approval of the Director?
51.89  What happens if there is a default on an encumbrance approved by 
          the Director?
51.90  How does the concessioner get the Director's approval before 
          making an assignment or encumbrance?
51.91  What information may the Director require in the application?
51.92  What are standard proformas?
51.93  If the transaction includes more than one concession contract, 
          how must required information be provided?
51.94  What information will the Director consider when deciding to 
          approve a transaction?
51.95  Does the Director's approval of an assignment or encumbrance 
          include any representations of any nature?
51.96  May the Director amend or extend a concession contract for the 
          purpose of facilitating a transaction?
51.97  May the Director open to renegotiation or modify the terms of a 
          concession contract as a condition to the approval of a 
          transaction?

            Subpart K--Information and Access to Information

51.98  What records must the concessioner keep and what access does the 
          Director have to records?
51.99  What access to concessioner records will the Comptroller General 
          have?
51.100  When will the Director make proposals and evaluation documents 
          publicly available?

     Subpart L--The Effect of the 1998 Act's Repeal of the 1965 Act

51.101  Did the 1998 Act repeal the 1965 Act?
51.102  What is the effect of the 1998 Act's repeal of the 1965 Act's 
          preference in renewal?
51.103  Severability.

                    Subpart M--Information Collection

51.104  Have information collection procedures been followed?

    Authority: The Act of August 25, 1916, as amended and supplemented, 
16 U.S.C. 1 et seq., particularly, 16 U.S.C. 3 and Title IV of the 
National Parks Omnibus Management Act of 1998 (Pub. L. 105-391).

    Source: 65 FR 20668, Apr. 17, 2000, unless otherwise noted.



                    Subpart A--Authority and Purpose



Sec. 51.1  What does this part cover?

    This part covers the solicitation, award, and administration of 
concession contracts. The Director solicits, awards and administers 
concession contracts on behalf of the Secretary under the authority of 
the Act of August 25, 1916, as amended and supplemented, 16 U.S.C. 1 et 
seq. and Title IV of the National Parks Omnibus Management Act of 1998 
(Public Law 105-391). The purpose of concession contracts is to 
authorize persons (concessioners) to provide visitor services in park 
areas. All concession contracts are to be consistent with the 
requirements of this part. In accordance with section 403 of the 1998 
Act, the Director will utilize concession contracts to authorize the 
provision of visitor services in park areas, except as may otherwise be 
authorized by law. For example, the Director may enter into commercial 
use authorizations under section 418 of the 1998 Act and may enter into 
agreements with non-profit organizations for the sale of interpretive 
materials and conduct of interpretive programs for a fee or charge in 
park areas. In addition, the Director may, as part of an interpretive 
program agreement otherwise authorized by law, authorize a non-profit 
organization to provide incidental visitor services that are necessary 
for the conduct of the interpretive program. Nothing in this part

[[Page 262]]

amends, supersedes, or otherwise affects any provision of the Alaska 
National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.) 
relating to revenue-producing visitor services.



Sec. 51.2  What is the policy underlying concessions contracts?

    It is the policy of the Congress and the Secretary that visitor 
services in park areas may be provided only under carefully controlled 
safeguards against unregulated and indiscriminate use so that visitation 
will not unduly impair park values and resources. Development of visitor 
services in park areas will be limited to locations that are consistent 
to the highest practicable degree with the preservation and conservation 
of the resources and values of the park area. It is also the policy of 
the Congress and the Secretary of the Interior that development of 
visitor services in park areas must be limited to those as are necessary 
and appropriate for public use and enjoyment of the park area in which 
they are located.



                     Subpart B--General Definitions



Sec. 51.3  How are terms defined in this part?

    To understand this part, you must refer to these definitions, 
applicable in the singular or the plural, whenever these terms are used 
in this part:
    The 1965 Act means Public Law 89-249, commonly known as the National 
Park Service Concession Policies Act of 1965.
    A 1965 Act concession contract is a concession contract or permit 
entered into under the authority of the 1965 Act.
    The 1998 Act means Title IV of Public Law 105-391.
    The award of a concession contract is the establishment of a legally 
binding concession contract. It occurs only when the Director and a 
selected offeror both fully execute a concession contract.
    A concession contract (or contract) means a binding written 
agreement between the Director and a concessioner entered under the 
authority of this part or the 1965 Act that authorizes the concessioner 
to provide certain visitor services within a park area under specified 
terms and conditions. Concession contracts are not contracts within the 
meaning of 41 U.S.C. 601 et seq. (the Contract Disputes Act) and are not 
service or procurement contracts within the meaning of statutes, 
regulations or policies that apply only to federal service contracts or 
other types of federal procurement actions. Concession contracts will 
contain such terms and conditions as are required by this part or law 
and as are otherwise appropriate in furtherance of the purposes of this 
part and the 1998 Act.
    A concessioner is an individual, corporation, or other legally 
recognized entity that duly holds a concession contract.
    Director means the Director of the National Park Service (acting on 
behalf of the Secretary), or an authorized representative of the 
Director, except where a particular official is specifically identified 
in this part. In circumstances where this part calls for an appeal to 
the Director, the appeal shall be considered by an official of higher 
authority than the official that made the disputed decision.
    A franchise fee is the consideration paid to the Director by a 
concessioner for the privileges granted by a concession contract.
    Offeror means an individual, corporation, or other legally 
recognized entity, including an existing concessioner, that submits a 
proposal for a concession contract. If the entity that is to be the 
concessioner is not formally in existence as of the time of submission 
of a proposal, a proposal must demonstrate that the individuals or 
organizations that intend to establish the entity that will become the 
concessioner have the ability and are legally obliged to cause the 
entity to be a qualified person as defined in this part. In addition, if 
the entity that will be the concessioner is not established at the time 
of submission of a proposal, the proposal must contain assurances 
satisfactory to the Director that the entity that will be the 
concessioner will be a qualified person as of the date of the award of 
the contract and otherwise have the ability to carry out the commitments 
made in the proposal.

[[Page 263]]

    Possessory interest means an interest in real property improvements 
as defined by the 1965 Act obtained by a concessioner under a possessory 
interest concession contract. Possessory interest, for the purposes of 
this part, does not include any interest in property in which no 
possessory interest, as defined by the 1965 Act, exists.
    A possessory interest concession contract means a 1965 Act 
concession contract that provides the concessioner a possessory 
interest.
    A preferred offeror is a concessioner that the Director determines 
is eligible to exercise a right of preference to the award of a 
qualified concession contract in accordance with this part.
    A qualified concession contract is a new concession contract that 
the Director determines to be a qualified concession contract for right 
of preference purposes.
    A qualified person is an individual, corporation or other legally 
recognized entity that the Director determines has the experience and 
financial ability to satisfactorily carry out the terms of a concession 
contract. This experience and financial ability includes, but is not 
limited to, the ability to protect and preserve the resources of the 
park area and the ability to provide satisfactory visitor services at 
reasonable rates to the public.
    A responsive proposal means a timely submitted proposal that is 
determined by the Director as agreeing to all of the minimum 
requirements of the proposed concession contract and prospectus and as 
having provided the information required by the prospectus.
    A right of preference is the preferential right of renewal set forth 
in Section 403(7)(C) of the 1998 Act which requires the Director to 
allow a preferred offeror the opportunity to match the terms and 
conditions of a competing responsive proposal that the Director has 
determined to be the best proposal for a qualified concession contract. 
A right of preference does not provide any rights of any nature to 
establish or negotiate the terms and conditions of a concession contract 
to which a right of preference may apply.
    Visitor services means accommodations, facilities and services 
determined by the Director as necessary and appropriate for public use 
and enjoyment of a park area provided to park area visitors for a fee or 
charge by a person other than the Director. The fee or charge paid by 
the visitor may be direct or indirect as part of the provision of 
comprehensive visitor services (e.g., when a lodging concessioner may 
provide free transportation services to guests). Visitor services may 
include, but are not limited to, lodging, campgrounds, food service, 
merchandising, tours, recreational activities, guiding, transportation, 
and equipment rental. Visitor services also include the sale of 
interpretive materials or the conduct of interpretive programs for a fee 
or charge to visitors.



         Subpart C--Solicitation, Selection and Award Procedures



Sec. 51.4  How will the Director invite the general public to apply for the award of a concession contract?

    (a) The Director must award all concession contracts, except as 
otherwise expressly provided in this part, through a public solicitation 
process. The public solicitation process begins with the issuance of a 
prospectus. The prospectus will invite the general public to submit 
proposals for the contract. The prospectus will describe the terms and 
conditions of the concession contract to be awarded and the procedures 
to be followed in the selection of the best proposal.
    (b) Except as provided under Sec. 51.47 (which calls for a final 
administrative decision on preferred offeror appeals prior to the 
selection of the best proposal) the terms, conditions and determinations 
of the prospectus and the terms and conditions of the proposed 
concession contract as described in the prospectus, including, without 
limitation, its minimum franchise fee, are not final until the 
concession contract is awarded. The Director will not issue a prospectus 
for a concession contract earlier than eighteen months prior to the 
expiration of a related existing concession contract.



Sec. 51.5  What information will the prospectus include?

    The prospectus must include the following information:

[[Page 264]]

    (a) The minimum requirements of the concession contract. The minimum 
requirements of the concession contract, include, but are not limited to 
the following:
    (1) The minimum acceptable franchise fee or other forms of 
consideration to the Government;
    (2) The minimum visitor services that the concessioner is to be 
authorized to provide;
    (3) The minimum capital investment, if any, that the concessioner 
must make;
    (4) The minimum measures that the concessioner must take to ensure 
the protection, conservation, and preservation of the resources of the 
park area; and
    (5) Any other minimum requirements that the new contract may 
specify, including, as appropriate and without limitation, measurable 
performance standards;
    (b) The terms and conditions of a current concession contract, if 
any, relating to the visitor services to be provided, including all fees 
and other forms of compensation provided to the Director under such 
contract;
    (c) A description of facilities and services, if any, that the 
Director may provide to the concessioner under the terms of the 
concession contract, including, but not limited to, public access, 
utilities and buildings;
    (d) An estimate of the amount of any compensation due a current 
concessioner from a new concessioner under the terms of an existing or 
prior concession contract;
    (e) A statement identifying each principal selection factor for 
proposals, including subfactors, if any, and secondary factors, if any, 
and the weight and relative importance of the principal and any 
secondary factors in the selection decision;
    (f) Such other information related to the proposed concession 
contract as is provided to the Director pursuant to a concession 
contract or is otherwise available to the Director, as the Director 
determines is necessary to allow for the submission of competitive 
proposals. Among other such necessary information a prospectus will 
contain (when applicable) are the gross receipts of the current 
concession contract broken out by department for the three most recent 
years; franchise fees charged under the current concession contract for 
the three most recent years; merchandise inventories of the current 
concessioner for the three most recent years; and the depreciable fixed 
assets and net depreciable fixed assets of the current concessioner; and
    (g) Identification of a preferred offeror for a qualified concession 
contract, if any, and, if a preferred offeror exists, a description of a 
right of preference to the award of the concession contract.



Sec. 51.6  Will a concession contract be developed for a particular potential offeror?

    The terms and conditions of a concession contract must represent the 
requirements of the Director in accordance with the purposes of this 
part and must not be developed to accommodate the capabilities or 
limitations of any potential offeror. The Director must not provide a 
current concessioner or other person any information as to the content 
of a proposed or issued prospectus that is not available to the general 
public.



Sec. 51.7  How will information be provided to a potential offeror 
after the prospectus is issued?

    Material information directly related to the prospectus and the 
concession contract (except when otherwise publicly available) that the 
Director provides to any potential offeror prior to the submission of 
proposals must be made available to all persons who have requested a 
copy of the prospectus.



Sec. 51.8  Where will the Director publish the notice of availability 
of the prospectus?

    The Director will publish notice of the availability of the 
prospectus at least once in the Commerce Business Daily or in a similar 
publication if the Commerce Business Daily ceases to be published. The 
Director may also publish notices, if determined appropriate by the 
Director, electronically or in local or national newspapers or trade 
magazines.

[[Page 265]]



Sec. 51.9  How do I get a copy of the prospectus?

    The Director will make the prospectus available upon request to all 
interested persons. The Director may charge a reasonable fee for a 
prospectus, not to exceed printing, binding and mailing costs.



Sec. 51.10  How long will I have to submit my proposal?

    The Director will allow an appropriate period for submission of 
proposals that is not less than 60 days unless the Director determines 
that a shorter time is appropriate in the circumstances of a particular 
solicitation. Proposals that are not timely submitted will not be 
considered by the Director.



Sec. 51.11  May the Director amend, extend, or cancel a prospectus 
or solicitation?

    The Director may amend a prospectus and/or extend the submission 
date prior to the proposal due date. The Director may cancel a 
solicitation at any time prior to award of the concession contract if 
the Director determines in his discretion that this action is 
appropriate in the public interest. No offeror or other person will 
obtain compensable or other legal rights as a result of an amended, 
extended, canceled or resolicited solicitation for a concession 
contract.



Sec. 51.12  Are there any other additional procedures that I must follow 
to apply for a concession contract?

    The Director may specify in a prospectus additional solicitation 
and/or selection procedures consistent with the requirements of this 
part in the interest of enhancing competition. Such additional 
procedures may include, but are not limited to, issuance of a two-phased 
prospectus--a qualifications phase and a proposal phase. The Director 
will incorporate simplified administrative requirements and procedures 
in prospectuses for concession contracts that the Director considers are 
likely to be awarded to a sole proprietorship or are likely to have 
annual gross receipts of less than $100,000. Such simplified 
requirements and procedures may include, as appropriate and without 
limitation, a reduced application package, a shorter proposal submission 
period, and a reduction of proposal information requirements.



Sec. 51.13  When will the Director determine if proposals are responsive?

    The Director will determine if proposals are responsive or non-
responsive prior to or as of the date of selection of the best proposal.



Sec. 51.14  What happens if no responsive proposals are submitted?

    If no responsive proposals are submitted, the Director may cancel 
the solicitation, or, after cancellation, establish new contract 
requirements and issue a new prospectus.



Sec. 51.15  May I clarify, amend or supplement my proposal after it 
is submitted?

    (a) The Director may request from any offeror who has submitted a 
timely proposal a written clarification of its proposal. Clarification 
refers to making clear any ambiguities that may have been contained in a 
proposal but does not include amendment or supplementation of a 
proposal. An offeror may not amend or supplement a proposal after the 
submission date unless requested by the Director to do so and the 
Director provides all offerors that submitted proposals a similar 
opportunity to amend or supplement their proposals. Permitted amendments 
must be limited to modifying particular aspects of proposals resulting 
from a general failure of offerors to understand particular requirements 
of a prospectus or a general failure of offerors to submit particular 
information required by a prospectus.
    (b) A proposal may suggest changes to the terms and conditions of a 
proposed concession contract and still be considered as responsive so 
long as the suggested changes are not conditions to acceptance of the 
terms and conditions of the proposed concession contract. The fact that 
a proposal may suggest changes to the proposed concession contract does 
not mean that the Director may accept those changes without a 
resolicitation of the concession opportunity.

[[Page 266]]



Sec. 51.16  How will the Director evaluate proposals and select the 
best one?

    (a) The Director will apply the selection factors set forth in 
Sec. 51.17 by assessing each timely proposal under each of the selection 
factors on the basis of a narrative explanation, discussing any 
subfactors when applicable. For each selection factor, the Director will 
assign a score that reflects the determined merits of the proposal under 
the applicable selection factor and in comparison to the other proposals 
received, if any. The first four principal selection factors will be 
scored from zero to five. The fifth selection factor will be scored from 
zero to four (with a score of one for agreeing to the minimum franchise 
fee contained in the prospectus). The secondary factor set forth in 
Sec. 51.17(b)(1) will be scored from zero to three. Any additional 
secondary selection factors set forth in the prospectus will be scored 
as specified in the prospectus provided that the aggregate possible 
point score for all additional secondary selection factors may not 
exceed a total of three.
    (b) The Director will then assign a cumulative point score to each 
proposal based on the assigned score for each selection factor.
    (c) The responsive proposal with the highest cumulative point score 
will be selected by the Director as the best proposal. If two or more 
responsive proposals receive the same highest point score, the Director 
will select as the best proposal (from among the responsive proposals 
with the same highest point score), the responsive proposal that the 
Director determines on the basis of a narrative explanation will, on an 
overall basis, best achieve the purposes of this part. Consideration of 
revenue to the United States in this determination and in scoring 
proposals under principal selection factor five will be subordinate to 
the objectives of protecting, conserving, and preserving the resources 
of the park area and of providing necessary and appropriate visitor 
services to the public at reasonable rates.



Sec. 51.17  What are the selection factors?

    (a) The five principal selection factors are:
    (1) The responsiveness of the proposal to the objectives, as 
described in the prospectus, of protecting, conserving, and preserving 
resources of the park area;
    (2) The responsiveness of the proposal to the objectives, as 
described in the prospectus, of providing necessary and appropriate 
visitor services at reasonable rates;
    (3) The experience and related background of the offeror, including 
the past performance and expertise of the offeror in providing the same 
or similar visitor services as those to be provided under the concession 
contract;
    (4) The financial capability of the offeror to carry out its 
proposal; and
    (5) The amount of the proposed minimum franchise fee, if any, and/or 
other forms of financial consideration to the Director. However, 
consideration of revenue to the United States will be subordinate to the 
objectives of protecting, conserving, and preserving resources of the 
park area and of providing necessary and appropriate visitor services to 
the public at reasonable rates.
    (b) The secondary selection factors are:
    (1) The quality of the offeror's proposal to conduct its operations 
in a manner that furthers the protection, conservation and preservation 
of park area and other resources through environmental management 
programs and activities, including, without limitation, energy 
conservation, waste reduction, and recycling. A prospectus may exclude 
this secondary factor if the prospectus solicits proposals for a 
concession contract that is anticipated to have annual gross receipts of 
less than $100,000 and the activities that will be conducted under the 
contract are determined by the Director as likely to have only limited 
impacts on the resources of the park area; and
    (2) Any other selection factors the Director may adopt in 
furtherance of the purposes of this part, including where appropriate 
and otherwise permitted by law, the extent to which a proposal calls for 
the employment of Indians (including Native Alaskans) and/or involvement 
of businesses owned by Indians, Indian tribes, Native Alaskans, or 
minority or women-owned

[[Page 267]]

businesses in operations under the proposed concession contract.
    (c) A prospectus may include subfactors under each of the principal 
and secondary factors to describe specific elements of the selection 
factor.



Sec. 51.18  When must the Director reject a proposal?

    The Director must reject any proposal received, regardless of the 
franchise fee offered, if the Director makes any of the following 
determinations: the offeror is not a qualified person as defined in this 
part; The offeror is not likely to provide satisfactory service; the 
proposal is not a responsive proposal as defined in this part; or, the 
proposal is not responsive to the objectives of protecting and 
preserving the resources of the park area and of providing necessary and 
appropriate services to the public at reasonable rates.



Sec. 51.19  Must the Director award the concession contract that is set 
forth in the prospectus?

    Except for incorporating into the concession contract appropriate 
elements of the best proposal, the Director must not award a concession 
contract which materially amends or does not incorporate the terms and 
conditions of the concession contract as set forth in the prospectus.



Sec. 51.20  Does this part limit the authority of the Director?

    Nothing in this part may be construed as limiting the authority of 
the Director at any time to determine whether to solicit or award a 
concession contract, to cancel a solicitation, or to terminate a 
concession contract in accordance with its terms.



Sec. 51.21  When must the selected offeror execute the concession contract?

    The selected offeror must execute the concession contract promptly 
after selection of the best proposal and within the time established by 
the Director. If the selected offeror fails to execute the concession 
contract in this period, the Director may select another responsive 
proposal or may cancel the selection and resolicit the concession 
contract.



Sec. 51.22  When may the Director award the concession contract?

    Before awarding a concession contract with anticipated annual gross 
receipts in excess of $5,000,000 or of more than 10 years in duration, 
or, pursuant to Sec. 51.24(b), the Director must submit the concession 
contract to the Committee on Resources of the House of Representatives 
and the Committee on Energy and Natural Resources of the Senate. The 
Director must not award any such concession contract until 60 days after 
the submission. Award of these contracts may not be made without the 
Director's written approval. The Director may not delegate this approval 
except to a Deputy Director or an Associate Director. The Director may 
award a concession contract that is not subject to these or other 
special award requirements at any time after selection of the best 
proposal and execution of the concession contract by the offeror.



        Subpart D--Non-Competitive Award of Concession Contracts



Sec. 51.23  May the Director extend an existing concession contract 
without a public solicitation?

    Notwithstanding the public solicitation requirements of this part, 
the Director may award non-competitively an extension or extensions of 
an existing concession contract to the current concessioner for 
additional terms not to exceed three years in the aggregate, e.g., the 
Director may award one extension with a three year term, two consecutive 
extensions, one with a two year term and one with a one year term, or 
three consecutive extensions with a term of one year each. The Director 
may award such extensions only if the Director determines that the 
extension is necessary to avoid interruption of visitor services. Before 
determining to award such a contract extension, the Director must take 
all reasonable and appropriate steps to consider alternatives to avoid 
an interruption of visitor services. Further, the Director must publish 
notice in the Federal Register of the proposed extension at least 30 
days in advance of the award of the extension (except in emergency 
situations).

[[Page 268]]



Sec. 51.24  May the Director award a temporary concession contract 
without a public solicitation?

    (a) Notwithstanding the public solicitation requirements of this 
part, the Director may award non-competitively a temporary concession 
contract or contracts for consecutive terms not to exceed three years in 
the aggregate, e.g., the Director may award one temporary contract with 
a three year term, two consecutive temporary contracts, one with a two 
year term and one with a one year term, or three consecutive temporary 
contracts with a term of one year each, to any qualified person for the 
conduct of particular visitor services in a park area if the Director 
determines that the award is necessary to avoid interruption of visitor 
services. Before determining to award a temporary concession contract, 
the Director must take all reasonable and appropriate steps to consider 
alternatives to avoid an interruption of visitor services. Further, the 
Director must publish notice in the Federal Register of the proposed 
temporary concession contract at least 30 days in advance of its award 
(except in emergency situations). A temporary concession contract may 
not be extended. A temporary concession contract may not be awarded to 
continue visitor services provided under an extended concession contract 
except as permitted by paragraph (b) of this section.
    (b) Notwithstanding the last sentence of paragraph (a) of this 
section, the Director may award a temporary concession contract for 
consecutive terms not to exceed three years in the aggregate to 
authorize the continuing conduct of visitor services that were conducted 
under a concession contract that was in effect as of November 13, 1998, 
and that either had been extended as of that date or was due to expire 
by December 31, 1998, and was subsequently extended. The Director must 
personally approve the award of a temporary concession contract in these 
circumstances and may do so only if the Director determines that the 
award is necessary to avoid interruption of visitor services and that 
all reasonable alternatives to the award of the temporary concession 
contract have been considered and found infeasible. The Director must 
publish a notice of his intention to award a temporary concession 
contract to a specified person under this paragraph and the reasons for 
the proposed award in the Federal Register at least 60 days before the 
temporary concession contract is awarded. In addition, the Director must 
notify the Committee on Energy and Natural Resources of the Senate and 
the Committee on Resources of the House of Representatives of the 
proposed award of a temporary concession contract under this paragraph 
at least 60 days before the temporary concession contract is awarded. A 
temporary concession contract awarded under the authority of this 
paragraph will be considered as a contract extension for purposes of 
determining the existence of a preferred offeror under Sec. 51.44.
    (c) A concessioner holding a temporary concession contract will not 
be eligible for a right of preference to a qualified concession contract 
which replaces a temporary contract unless the concessioner holding the 
temporary concession contract was determined or was eligible to be 
determined a preferred offeror under the extended concession contract 
that was replaced by the temporary concession contract under paragraph 
(b) of this section.



Sec. 51.25  Are there any other circumstances in which the Director 
may award a concession contract without public solicitation?

    Notwithstanding the public solicitation requirements of this part, 
the Director may award a concession contract non-competitively to any 
qualified person if the Director determines both that such an award is 
otherwise consistent with the requirements of this part and that 
extraordinary circumstances exist under which compelling and equitable 
considerations require the award of the concession contract to a 
particular qualified person in the public interest. Indisputable 
equitable considerations must be the determinant of such circumstances. 
The Director must publish a notice of his intention to award a 
concession contract to a specified person under these circumstances and 
the reasons for the

[[Page 269]]

proposed award in the Federal Register at least 60 days before the 
concession contract is awarded. In addition, the Director also must 
notify the Committee on Energy and Natural Resources of the Senate and 
the Committee on Resources of the House of Representatives at least 60 
days before the contract is awarded. The Director must personally 
approve any such award and may only do so with the prior written 
approval of the Secretary.



       Subpart E--Right of Preference to a New Concession Contract



Sec. 51.26  What solicitation, selection and award procedures apply 
when a preferred offeror exists?

    The solicitation, selection and award procedures described in this 
part will apply to the solicitation, selection and award of contracts 
for which a preferred offeror exists, except as modified by this 
subpart, subpart F and other sections of this part related to preferred 
offerors and/or a right of preference.



Sec. 51.27  Who is a preferred offeror and what are a preferred 
offeror's rights to the award of a new concession contract?

    (a) A preferred offeror is a concessioner that the Director has 
determined is eligible to exercise a right of preference to the award of 
a qualified new concession contract in accordance with this part.
    (b) A right of preference is the right of a preferred offeror, if it 
submits a responsive proposal for a qualified concession contract, to 
match in accordance with the requirements of this part the terms and 
conditions of a competing proposal that the Director has determined to 
be the best responsive proposal.



Sec. 51.28  When will the Director determine whether a concessioner is 
a preferred offeror?

    Subject to Secs. 51.46 and 51.47, the Director will determine 
whether a concessioner is a preferred offeror in accordance with this 
part no later than the date of issuance of a prospectus for the 
applicable new concession contract.



Sec. 51.29  How will I know when a preferred offeror exists?

    If the Director has determined that a preferred offeror exists for a 
qualified concession contract under this part, the Director will 
identify the preferred offeror in the applicable prospectus and describe 
the preferred offeror's right of preference.



Sec. 51.30  What must a preferred offeror do before it may exercise a 
right of preference?

    A preferred offeror must submit a responsive proposal pursuant to 
the terms of an applicable prospectus for a qualified concession 
contract if the preferred offeror wishes to exercise a right of 
preference.



Sec. 51.31  What happens if a preferred offeror does not submit a responsive proposal?

    If a preferred offeror fails to submit a responsive proposal, the 
offeror may not exercise a right of preference. The concession contract 
will be awarded to the offeror submitting the best responsive proposal.



Sec. 51.32  What is the process if the Director determines that the best
 responsive proposal was not submitted by a preferred offeror?

    If the Director determines that a proposal other than the responsive 
proposal submitted by a preferred offeror is the best proposal submitted 
for a qualified concession contract, then the Director must advise the 
preferred offeror of the better terms and conditions of the best 
proposal and permit the preferred offeror to amend its proposal to match 
them. An amended proposal must match the better terms and conditions of 
the best proposal as determined by the Director. If the preferred 
offeror duly amends its proposal within the time period allowed by the 
Director, and the Director determines that the amended proposal matches 
the better terms and conditions of the best proposal, then the Director 
must select the preferred offeror for award of the contract upon the 
amended terms and conditions, subject to other applicable requirements 
of this part.

[[Page 270]]



Sec. 51.33  What if a preferred offeror does not timely amend its 
proposal to meet the terms and conditions of the best proposal?

    If a preferred offeror does not amend its proposal to meet the terms 
and conditions of the best proposal within the time period allowed by 
the Director, the Director will select for award of the contract the 
offeror that submitted the best responsive proposal.



Sec. 51.34  What will the Director do if a selected preferred offeror does not timely execute the new concession contract?

    If a selected preferred offeror fails to execute the concession 
contract in the time period specified by the Director, the Director 
either will select for award of the concession contract the offeror that 
submitted the best responsive proposal, or will cancel the solicitation 
and may resolicit the concession contract but only without recognition 
of a preferred offeror or right of preference.



Sec. 51.35  What happens to a right of preference if the Director 
receives no responsive proposals?

    If the Director receives no responsive proposals, including a 
responsive proposal from a preferred offeror, in response to a 
prospectus for a qualified concession contract for which a preferred 
offeror exists, the Director must cancel the solicitation and may 
resolicit the concession contract or take other appropriate action in 
accordance with this part. No right of preference will apply to a 
concession contract resolicited under this section unless the contract 
is resolicited upon terms and conditions materially more favorable to 
offerors than those contained in the original contract.



               Subpart F--Determining a Preferred Offeror



Sec. 51.36  What conditions must be met before the Director determines 
that a concessioner is a preferred offeror?

    A concessioner is a preferred offeror if the Director determines 
that the following conditions are met:
    (a) The concessioner was a satisfactory concessioner during the term 
of its concession contract as determined under this part;
    (b) The applicable new contract is a qualified concession contract 
as determined under this part; and
    (c) If applicable, the concessioner's previous concession contract 
was an outfitter and guide concession contract as determined under this 
part.



Sec. 51.37  How will the Director determine that a new concession 
contract is a qualified concession contract?

    A new concession contract is a qualified concession contract if the 
Director determines that:
    (a) The new concession contract provides for the continuation of the 
visitor services authorized under a previous concession contract. The 
visitor services to be continued under the new contract may be expanded 
or diminished in scope but, for purposes of a qualified concession 
contract, may not materially differ in nature and type from those 
authorized under the previous concession contract; and either
    (b) The new concession contract that is to replace the previous 
concession contract is estimated to result in, as determined by the 
Director, annual gross receipts of less than $500,000 in the first 12 
months of its term; or
    (c) The new concession contract is an outfitter and guide concession 
contract as described in this part.



Sec. 51.38  How will the Director determine that a concession contract 
is an outfitter and guide concession contract?

    The Director will determine that a concession contract is an 
outfitter and guide concession contract if the Director determines that:
    (a) The concession contract solely authorizes or requires (except 
for park area access purposes) the conduct of specialized outdoor 
recreation guide services in the backcountry of a park area; and
    (b) The conduct of operations under the concession contract requires 
employment of specially trained and experienced guides to accompany park 
visitors who otherwise may not have the skills and equipment to engage 
in the

[[Page 271]]

activity and to provide a safe and enjoyable experience for these 
visitors.



Sec. 51.39  What are some examples of outfitter and guide concession
 contracts?

    Outfitter and guide concession contracts may include, but are not 
limited to, concession contracts which solely authorize or require the 
guided conduct of river running, hunting (where otherwise lawful in a 
park area), fishing, horseback, camping, and mountaineering activities 
in the backcountry of a park area.



Sec. 51.40  What are some factors to be considered in determining that
 outfitter and guide operations are conducted in the backcountry?

    Determinations as to whether outfitter and guide operations are 
conducted in the backcountry of a park area will be made on a park-by-
park basis, taking into account the park area's particular geographic 
circumstances. Factors that generally may indicate that outfitter and 
guide operations are conducted in the backcountry of a park area 
include, without limitation, the fact that:
    (a) The operations occur in areas remote from roads and developed 
areas;
    (b) The operations are conducted within a designated natural area of 
a park area;
    (c) The operations occur in areas where search and rescue support is 
not readily available; and
    (d) All or a substantial portion of the operations occur in 
designated or proposed wilderness areas.

[65 FR 20668, Apr. 17, 2000; 65 FR 54155, Sept. 7, 2000]



Sec. 51.41  If the concession contract grants a compensable interest in 
real property improvements, will the Director find that the concession
 contract is an 
          outfitter and guide concession contract?

    The Director will find that a concession contract is not an 
outfitter and guide contract if the contract grants any compensable 
interest in real property improvements on lands owned by the United 
States within a park area.



Sec. 51.42  Are there exceptions to this compensable interest prohibition?

    Two exceptions to this compensable interest prohibition exist:
    (a) The prohibition will not apply to real property improvements 
lawfully constructed by a concessioner with the written approval of the 
Director in accordance with the express terms of a 1965 Act concession 
contract; and
    (b) The prohibition will not apply to real property improvements 
constructed and owned in fee simple by a concessioner or owned in fee 
simple by a concessioner's predecessor before the land on which they 
were constructed was included within the boundaries of the applicable 
park area.



Sec. 51.43  Who will make the determination that a concession contract 
is an outfitter and guide contract?

    Only a Deputy Director or an Associate Director will make the 
determination that a concession contract is or is not an outfitter and 
guide contract.



Sec. 51.44  How will the Director determine if a concessioner was 
satisfactory for purposes of a right of preference?

    To be a satisfactory concessioner for the purposes of a right of 
preference, the Director must determine that the concessioner operated 
satisfactorily on an overall basis during the term of its applicable 
concession contract, including extensions of the contract. The Director 
will base this determination in consideration of annual evaluations made 
by the Director of the concessioner's performance under the terms of the 
applicable concession contract and other relevant facts and 
circumstances. The Director must determine that a concessioner did not 
operate satisfactorily on an overall basis during the term of a 
concession contract if the annual evaluations of the concessioner made 
subsequent to May 17, 2000 are less than satisfactory for any two or 
more years of operation under the concession contract.

[[Page 272]]



Sec. 51.45  Will a concessioner that has operated for less than the 
entire term of a concession contract be considered a satisfactory operator?

    The Director will determine that a concessioner has operated 
satisfactorily on an overall basis during the term of a concession 
contract only if the concessioner (including a new concessioner 
resulting from an assignment as described in this part, including, 
without limit, an assignment of a controlling interest in a concessioner 
as defined in this part) has or will have operated for more than two 
years under a concession contract with a term of more than five years or 
for one year under a concession contract with a term of five years or 
less. For purposes of this section, a new concessioner's first day of 
operation under an assigned concession contract (or as a new 
concessioner after approval of an assignment of a controlling interest 
in a concessioner) will be the day the Director approves the assignment 
pursuant to this part. If the Director determines that an assignment was 
compelled by circumstances beyond the control of the assigning 
concessioner, the Director may make an exception to the requirements of 
this section.



Sec. 51.46  May the Director determine that a concessioner has not 
operated satisfactorily after a prospectus is issued?

    The Director may determine that a concessioner has not operated 
satisfactorily on an overall basis during the term of a current 
concession contract, and therefore is not a preferred offeror, after a 
prospectus for a new contract has been issued and prior to the selection 
of the best proposal submitted in response to a prospectus. In 
circumstances where the usual time of an annual evaluation of a 
concessioner's performance may not occur until after the selection of 
the best proposal submitted in response to a prospectus, the Director 
will make an annual performance evaluation based on a shortened 
operations period prior to the selection of the best proposal. Such 
shorter operations period, however, must encompass at least 6 months of 
operations from the previous annual performance evaluation. In the event 
the concessioner receives a second less than satisfactory annual 
evaluation (including, without limitation, one based on a shortened 
operations period), the prospectus must be amended to delete a right of 
preference or canceled and reissued without recognition of a right of 
preference to the new concession contract.

[65 FR 20668, Apr. 17, 2000; 65 FR 54155, Sept. 7, 2000]



Sec. 51.47  How does a person appeal a decision of the Director that a
 concessioner is or is not a preferred offeror?

    (a) Except as stated in paragraph (b) of this section, any person 
may appeal to the Director a determination that a concessioner is or is 
not a preferred offeror for the purposes of a right of preference in 
renewal, including, without limitation, whether the applicable new 
concession contract is or is not a qualified concession contract as 
described in this part. This appeal must specify the grounds for the 
appeal and be received by the Director in writing no later than 30 days 
after the date of the determination. If applicable, the Director may 
extend the submission date for an appeal under this section upon request 
by the concessioner if the Director determines that good cause for an 
extension exists.
    (b) The appeal provided by this section will not apply to 
determinations that a concessioner is not a preferred offeror as a 
consequence of two or more less than satisfactory annual evaluations as 
described in this part as the concessioner is given an opportunity to 
appeal those evaluations after they are made in accordance with 
applicable administrative guidelines.
    (c) The Director must consider an appeal under this section 
personally or must authorize a Deputy Director or Associate Director to 
consider the appeal. The deciding official must prepare a written 
decision on the appeal, taking into account the content of the appeal, 
other written information available, and the requirements of this part. 
The written decision on the appeal must be issued by the date of 
selection of the best proposal submitted

[[Page 273]]

in response to a prospectus. If the appeal results in a concessioner 
being determined a preferred offeror, then the concessioner will have a 
right of preference to the qualified concession contract as described in 
and subject to the conditions of this part, including, but not limited 
to, the obligation to submit a responsive proposal pursuant to the terms 
of the related prospectus. If the appeal results in a determination that 
a concessioner is not a preferred offeror, no right of preference will 
apply to the award of the related concession contract and the award will 
be made in accordance with the requirements of this part.
    (d) No person will be considered as having exhausted administrative 
remedies with respect to a determination by the Director that a 
concessioner is or is not a preferred offeror until the Director issues 
a written decision in response to an appeal submitted pursuant to this 
section, or, where applicable, pursuant to an appeal provided by the 
administrative guidelines described in paragraph (b) of this section. 
The decision of the Director is final agency action.



Sec. 51.48  What happens to a right of preference in the event of 
termination of a concession contract for unsatisfactory performance or 
other breach?

    Nothing in this part will limit the right of the Director to 
terminate a concession contract pursuant to its terms at any time for 
less than satisfactory performance or otherwise. If a concession 
contract is terminated for less than satisfactory performance or other 
breach, the terminated concessioner, even if otherwise qualified, will 
not be eligible to be a preferred offeror. The fact that the Director 
may not have terminated a concession contract for less than satisfactory 
performance or other breach will not limit the authority of the Director 
to determine that a concessioner did not operate satisfactorily on an 
overall basis during the term of a concession contract.



Sec. 51.49  May the Director grant a right of preference except in 
accordance with this part?

    The Director may not grant a concessioner or any other person a 
right of preference or any other form of entitlement of any nature to a 
new concession contract, except in accordance with this part or in 
accordance with 36 CFR part 13.



Sec. 51.50  Does the existence of a preferred offeror limit the authority of the Director to establish the terms of a concession contract?

    The existence of a preferred offeror does not limit the authority of 
the Director to establish, in accordance with this part, the terms and 
conditions of a new concession contract, including, but not limited to, 
terms and conditions that modify the terms and conditions of a prior 
concession contract.



                 Subpart G--Leasehold Surrender Interest



Sec. 51.51  What special terms must I know to understand leasehold 
surrender interest?

    To understand leasehold surrender interest, you must refer to these 
definitions, applicable in the singular or the plural, whenever these 
terms are used in this part:
    Arbitration means binding arbitration conducted by an arbitration 
panel. All arbitration proceedings conducted under the authority of this 
subpart or subpart H of this part will utilize the following procedures 
unless otherwise agreed by the concessioner and the Director. One member 
of the arbitration panel will be selected by the concessioner, one 
member will be selected by the Director, and the third (neutral) member 
will be selected by the two party-appointed members. The neutral arbiter 
must be a licensed real estate appraiser. The expenses of the neutral 
arbiter and other associated common costs of the arbitration will be 
borne equally by the concessioner and the Director. The arbitration 
panel will adopt procedures that treat each party equally, give each 
party the opportunity to be heard, and give each party a fair 
opportunity to present its case. Adjudicative procedures are not 
encouraged but may be adopted by the panel if determined necessary in 
the circumstances of the dispute. Determinations must be made by a 
majority of the members of

[[Page 274]]

the panel and will be binding on the concessioner and the Director.
    A capital improvement is a structure, fixture, or non-removable 
equipment provided by a concessioner pursuant to the terms of a 
concession contract and located on lands of the United States within a 
park area. A capital improvement does not include any interest in land. 
Additionally, a capital improvement does not include any interest in 
personal property of any kind including, but not limited to, vehicles, 
boats, barges, trailers, or other objects, regardless of size, unless an 
item of personal property becomes a fixture as defined in this part. 
Concession contracts may further describe, consistent with the 
limitations of this part and the 1998 Act, the nature and type of 
specific capital improvements in which a concessioner may obtain a 
leasehold surrender interest.
    Construction cost of a capital improvement means the total of the 
incurred eligible direct and indirect costs necessary for constructing 
or installing the capital improvement that are capitalized by the 
concessioner in accordance with Generally Accepted Accounting Principals 
(GAAP). The term ``construct'' or ``construction'' as used in this part 
also means ``install'' or ``installation'' of fixtures where applicable.
    Consumer Price Index means the national ``Consumer Price Index--All 
Urban Consumers'' published by the Department of Labor. If this index 
ceases to be published, the Director will designate another regularly 
published cost-of-living index approximating the national Consumer Price 
Index.
    Depreciation means the loss of value in a capital improvement as 
evidenced by the condition and prospective serviceability of the capital 
improvement in comparison with a new unit of like kind.
    Eligible direct costs means the sum of all incurred capitalized 
costs (in amounts no higher than those prevailing in the locality of the 
project), that are necessary both for the construction of a capital 
improvement and are typically elements of a construction contract. 
Eligible direct costs may include, without limitation, the costs of (if 
capitalized in accordance with GAAP and in amounts no higher than those 
prevailing in the locality of the project): building permits; materials, 
products and equipment used in construction; labor used in construction; 
security during construction; contractor's shack and temporary fencing; 
material storage facilities; power line installation and utility costs 
during construction; performance bonds; and contractor's (and 
subcontractor's) profit and overhead (including job supervision, 
worker's compensation insurance and fire, liability, and unemployment 
insurance).
    Eligible indirect costs means, except as provided in the last 
sentence of this definition, the sum of all other incurred capitalized 
costs (in amounts no higher than those prevailing in the locality of the 
project) necessary for the construction of a capital improvement. 
Eligible indirect costs may include, without limitation, the costs of 
(if capitalized in accordance with GAAP and in amounts no higher than 
those prevailing in the locality of the project): architectural and 
engineering fees for plans, plan checks; surveys to establish building 
lines and grades; environmental studies; if the project is financed, the 
points, fees or service charges and interest on construction loans; all 
risk insurance expenses and ad valorem taxes during construction. The 
actual capitalized administrative expenses (in amounts no higher than 
those prevailing in the locality of the project) of the concessioner for 
direct, on-site construction inspection are eligible indirect costs. 
Other administrative expenses of the concessioner are not eligible 
indirect costs.
    Fixtures and non-removable equipment are manufactured items of 
personal property of independent form and utility necessary for the 
basic functioning of a structure that are affixed to and considered to 
be part of the structure such that title is with the Director as real 
property once installed. Fixtures and non-removable equipment do not 
include building materials (e.g., wallboard, flooring, concrete, cinder 
blocks, steel beams, studs, window

[[Page 275]]

frames, windows, rafters, roofing, framing, siding, lumber, insulation, 
wallpaper, paint, etc.). Because of their special circumstances, 
floating docks (but not other types of floating property) constructed by 
a concessioner pursuant to the terms of a leasehold surrender interest 
concession contract are considered to be non-removable equipment for 
leasehold surrender interest purposes only. Except as otherwise 
indicated in this part, the term ``fixture'' as used in this part 
includes the term ``non-removable equipment.''
    Leasehold surrender interest solely means a right to payment in 
accordance with this part for related capital improvements that a 
concessioner makes or provides within a park area on lands owned by the 
United States pursuant to this part and under the terms and conditions 
of an applicable concession contract. The existence of a leasehold 
surrender interest does not give the concessioner, or any other person, 
any right to conduct business in a park area, to utilize the related 
capital improvements, or to prevent the Director or another person from 
utilizing the related capital improvements. The existence of a leasehold 
surrender interest does not include any interest in the land on which 
the related capital improvements are located.
    Leasehold surrender interest concession contract means a concession 
contract that provides for leasehold surrender interest in capital 
improvements.
    Leasehold surrender interest value means the amount of compensation 
a concessioner is entitled to be paid for a leasehold surrender interest 
in capital improvements in accordance with this part. Unless otherwise 
provided by the terms of a leasehold surrender interest concession 
contract under the authority of section 405(a)(4) of the 1998 Act, 
leasehold surrender interest value in existing capital improvements is 
an amount equal to:
    (1) The initial construction cost of the related capital 
improvement;
    (2) Adjusted by (increased or decreased) the same percentage 
increase or decrease as the percentage increase or decrease in the 
Consumer Price Index from the date the Director approves the substantial 
completion of the construction of the related capital improvement to the 
date of payment of the leasehold surrender interest value;
    (3) Less depreciation of the related capital improvement on the 
basis of its condition as of the date of termination or expiration of 
the applicable leasehold surrender interest concession contract, or, if 
applicable, the date on which a concessioner ceases to utilize a related 
capital improvement (e.g., where the related capital improvement is 
taken out of service by the Director pursuant to the terms of a 
concession contract).
    Major rehabilitation means a planned, comprehensive rehabilitation 
of an existing structure that:
    (1) The Director approves in advance and determines is completed 
within 18 months from start of the rehabilitation work (unless a longer 
period of time is approved by the Director in special circumstances); 
and
    (2) The construction cost of which exceeds fifty percent of the pre-
rehabilitation value of the structure.
    Pre-rehabilitation value of an existing structure means the 
replacement cost of the structure less depreciation.
    Real property improvements means real property other than land, 
including, but not limited to, capital improvements.
    Related capital improvement or related fixture means a capital 
improvement in which a concessioner has a leasehold surrender interest.
    Replacement cost means the estimated cost to reconstruct, at current 
prices, an existing structure with utility equivalent to the existing 
structure, using modern materials and current standards, design and 
layout.
    Structure means a building, dock, or similar edifice affixed to the 
land so as to be part of the real estate. A structure may include both 
constructed infrastructure (e.g., water, power and sewer lines) and 
constructed site improvements (e.g., paved roads, retaining walls, 
sidewalks, paved driveways, paved parking areas) that are permanently 
affixed to the land so as to be part of the real estate and that are in 
direct support of the use of a building, dock, or similar edifice. 
Landscaping that is integral to the construction of a structure is 
considered as part of a

[[Page 276]]

structure. Interior furnishings that are not fixtures are not part of a 
structure.
    Substantial completion of a capital improvement means the condition 
of a capital improvement construction project when the project is 
substantially complete and ready for use and/or occupancy.



Sec. 51.52  How do I obtain a leasehold surrender interest?

    Leasehold surrender interest concession contracts will contain 
appropriate leasehold surrender interest terms and conditions consistent 
with this part. A concessioner will obtain leasehold surrender interest 
in capital improvements constructed in accordance with this part and the 
leasehold surrender interest terms and conditions of an applicable 
leasehold surrender interest concession contract.



Sec. 51.53  When may the Director authorize the construction of a 
capital improvement?

    The Director may only authorize or require a concessioner to 
construct capital improvements on park lands in accordance with this 
part and under the terms and conditions of a leasehold surrender 
interest concession contract for the conduct by the concessioner of 
visitor services, including, without limitation, the construction of 
capital improvements necessary for the conduct of visitor services.



Sec. 51.54  What must a concessioner do before beginning to construct a
 capital improvement?

    Before beginning to construct any capital improvement, the 
concessioner must obtain written approval from the Director in 
accordance with the terms of its leasehold surrender interest concession 
contract. The request for approval must include appropriate plans and 
specifications for the capital improvement and any other information 
that the Director may specify. The request must also include an estimate 
of the total construction cost of the capital improvement. The estimate 
of the total construction cost must specify all elements of the cost in 
such detail as is necessary to permit the Director to determine that 
they are elements of construction cost as defined in this part. (The 
approval requirements of this and other sections of this part also apply 
to any change orders to a capital improvement project and to any 
additions to a structure or replacement of fixtures as described in this 
part.)



Sec. 51.55  What must a concessioner do after substantial completion 
of the capital improvement?

    Upon substantial completion of the construction of a capital 
improvement in which the concessioner is to obtain a leasehold surrender 
interest, the concessioner must provide the Director a detailed 
construction report. The construction report must be supported by actual 
invoices of the capital improvement's construction cost together with, 
if requested by the Director, a written certification from a certified 
public accountant. The construction report must document, and any 
requested certification by the certified public accountant must certify, 
that all components of the construction cost were incurred and 
capitalized by the concessioner in accordance with GAAP, and that all 
components are eligible direct or indirect construction costs as defined 
in this part. Invoices for additional construction costs of elements of 
the project that were not completed as of the date of substantial 
completion may subsequently be submitted to the Director for inclusion 
in the project's construction cost.



Sec. 51.56  How will the construction cost for purposes of leasehold 
surrender interest value be determined?

    After receiving the detailed construction report (and certification, 
if requested), from the concessioner, the Director will review the 
report, certification and other information as appropriate to determine 
that the reported construction cost is consistent with the construction 
cost approved by the Director in advance of the construction and that 
all costs included in the construction cost are eligible direct or 
indirect costs as defined in this part. The construction cost determined 
by the Director will be the final determination of construction cost for 
purposes of the leasehold surrender interest value in the related 
capital improvement unless the concessioner requests

[[Page 277]]

arbitration of the construction cost under Sec. 51.57. The Director may 
at any time review a construction cost determination (subject to 
arbitration under Sec. 51.57) if the Director has reason to believe that 
it was based on false, misleading or incomplete information.

[66 FR 35083, July 3, 2001]



Sec. 51.57  How does a concessioner request arbitration of the 
construction cost of a capital improvement?

    If a concessioner requests arbitration of the construction cost of a 
capital improvement determined by the Director, the request must be made 
in writing to the Director within 3 months of the date of the Director's 
determination of construction cost under Sec. 51.56. The arbitration 
procedures are described in Sec. 51.51. The decision of the arbitration 
panel as to the construction cost of the capital improvement will be 
binding on the concessioner and the Director.

[66 FR 35083, July 3, 2001]



Sec. 51.58  What actions may or must the concessioner take with respect 
to a leasehold surrender interest?

    The concessioner:
    (a) May encumber a leasehold surrender interest in accordance with 
this part, but only for the purposes specified in this part;
    (b) Where applicable, must transfer in accordance with this part its 
leasehold surrender interest in connection with any assignment, 
termination or expiration of the concession contract; and
    (c) May relinquish or waive a leasehold surrender interest.



Sec. 51.59  Will a leasehold surrender interest be extinguished by 
expiration or termination of a leasehold surrender interest concession
 contract or may it be 
          taken for public use?

    A leasehold surrender interest may not be extinguished by the 
expiration or termination of a concession contract and a leasehold 
surrender interest may not be taken for public use except on payment of 
just compensation. Payment of leasehold surrender interest value 
pursuant to this part will constitute the payment of just compensation 
for leasehold surrender interest within the meaning of this part and for 
all other purposes.



Sec. 51.60  How will a new concession contract awarded to an existing
 concessioner treat a leasehold surrender interest obtained under a prior
 concession 
          contract?

    When a concessioner under a leasehold surrender interest concession 
contract is awarded a new concession contract by the Director, and the 
new concession contract continues a leasehold surrender interest in 
related capital improvements, then the concessioner's leasehold 
surrender interest value (established as of the date of expiration or 
termination of its prior concession contract) in the related capital 
improvements will be continued as the initial value (instead of initial 
construction cost) of the concessioner's leasehold surrender interest 
under the terms of the new concession contract. No compensation will be 
due the concessioner for its leasehold surrender interest or otherwise 
in these circumstances except as provided by this part.



Sec. 51.61  How is an existing concessioner who is not awarded a new
 concession contract paid for a leasehold surrender interest?

    (a) When a concessioner is not awarded a new concession contract 
after expiration or termination of a leasehold surrender interest 
concession contract, or, the concessioner, prior to such termination or 
expiration, ceases to utilize under the terms of a concession contract 
capital improvements in which the concessioner has a leasehold surrender 
interest, the concessioner will be entitled to be paid its leasehold 
surrender interest value in the related capital improvements. The 
leasehold surrender interest will not be transferred until payment of 
the leasehold surrender interest value. The date for payment of the 
leasehold surrender interest value, except in special circumstances 
beyond the Director's control, will be the date of expiration or 
termination of the leasehold surrender interest contract, or the date 
the concessioner ceases to utilize related capital improvements under 
the terms of a concession contract. Depreciation of the related capital 
improvements will

[[Page 278]]

be established as of the date of expiration or termination of the 
concession contract, or, if applicable, the date the concessioner ceases 
to utilize the capital improvements under the terms of a concession 
contract.
    (b) In the event that extraordinary circumstances beyond the control 
of the Director prevent the Director from making the leasehold surrender 
interest value payment as of the date of expiration or termination of 
the leasehold surrender interest concession contract, or, as of the date 
a concessioner ceases to utilize related capital improvements under the 
terms of a concession contract, the payment when made will include 
interest on the amount that was due on the date of expiration or 
termination of the concession contract or cessation of use for the 
period after the payment was due until payment is made (in addition to 
the inclusion of a continuing Consumer Price Index adjustment until the 
date payment is made). The rate of interest will be the applicable rate 
of interest established by law for overdue obligations of the United 
States. The payment for a leasehold surrender interest value will be 
made within one year after the expiration or termination of the 
concession contract or the cessation of use of related capital 
improvements under the terms of a concession contract.



Sec. 51.62  What is the process to determine the leasehold surrender 
interest value when the concessioner does not seek or is not awarded 
a new concession 
          contract?

    Leasehold surrender interest concession contracts must contain 
provisions under which the Director and the concessioner will seek to 
agree in advance of the expiration or other termination of the 
concession contract as to what the concessioner's leasehold surrender 
interest value will be on a unit-by-unit basis as of the date of 
expiration or termination of the concession contract. In the event that 
agreement cannot be reached, the provisions of the leasehold surrender 
interest concession contract must provide for the Director to make a 
final determination of leasehold surrender interest value unless binding 
arbitration as to the value is requested by the concessioner. The 
arbitration procedures are described in Sec. 51.51. A prior decision as 
to the construction cost of capital improvements made by the Director or 
by an arbitration panel in accordance with this part are final and not 
subject to further arbitration.

[66 FR 35083, July 3, 2001]



Sec. 51.63  When a new concessioner pays a prior concessioner for a 
leasehold surrender interest, what is the leasehold surrender interest 
in the related 
          capital improvements for purposes of a new concession 
          contract?

    A new leasehold surrender interest concession contract awarded to a 
new concessioner will require the new concessioner to pay the prior 
concessioner its leasehold surrender interest value in existing capital 
improvements as determined under Sec. 51.62. The new concessioner upon 
payment will have a leasehold surrender interest in the related capital 
improvements on a unit-by-unit basis under the terms of the new 
leasehold surrender interest contract. Instead of initial construction 
cost, the initial value of such leasehold surrender interest will be the 
leasehold surrender interest value that the new concessioner was 
required to pay the prior concessioner.



Sec. 51.64  May the concessioner gain additional leasehold surrender 
interest by undertaking a major rehabilitation or adding to a structure 
in which the 
          concessioner has a leasehold surrender interest?

    A concessioner that, with the written approval of the Director, 
undertakes a major rehabilitation or adds a new structure (e.g., a new 
wing to an existing building or an extension of an existing sidewalk) to 
an existing structure in which the concessioner has a leasehold 
surrender interest, will increase its leasehold surrender interest in 
the related structure, effective as of the date of substantial 
completion of the major rehabilitation or new structure, by the 
construction cost of the major rehabilitation or new structure. The 
Consumer Price Index adjustment for leasehold surrender interest value 
purposes will apply to the construction cost as of the date of 
substantial completion of the major rehabilitation or

[[Page 279]]

new structure. Approvals for major rehabilitations and additions to 
structures are subject to the same requirements and conditions 
applicable to new construction as described in this part.



Sec. 51.65  May the concessioner gain additional leasehold surrender 
interest by replacing a fixture in which the concessioner has a 
leasehold surrender 
          interest?

    A concessioner that replaces an existing fixture in which the 
concessioner has a leasehold surrender interest with a new fixture will 
increase its leasehold surrender interest by the amount of the 
construction cost of the replacement fixture less the construction cost 
of the replaced fixture.



Sec. 51.66  Under what conditions will a concessioner obtain a leasehold
 surrender interest in existing real property improvements in which no
 leasehold 
          surrender interest exists?

    (a) A concession contract may require the concessioner to replace 
fixtures in real property improvements in which there is no leasehold 
surrender interest (e.g., fixtures attached to an existing government 
facility assigned by the Director to the concessioner). A leasehold 
surrender interest will be obtained by the concessioner in such fixtures 
subject to the approval and determination of construction cost and other 
conditions contained in this part.
    (b) A concession contract may require the concessioner to undertake 
a major rehabilitation of a structure in which there is no leasehold 
surrender interest (e.g., a government-constructed facility assigned to 
the concessioner). Upon substantial completion of the major 
rehabilitation, the concessioner will obtain a leasehold surrender 
interest in the structure. The initial construction cost of this 
leasehold surrender interest will be the construction cost of the major 
rehabilitation. Depreciation for purposes of leasehold surrender 
interest value will apply only to the rehabilitated components of the 
related structure.



Sec. 51.67  Will a concessioner obtain leasehold surrender interest as a
 result of repair and maintenance of real property improvements?

    A concessioner will not obtain initial or increased leasehold 
surrender interest as a result of repair and maintenance of real 
property improvements unless a repair and maintenance project is a major 
rehabilitation.



                     Subpart H--Possessory Interest



Sec. 51.68  If a concessioner under a 1965 Act concession contract is not awarded a new concession contract, how will a concessioner that has a possessory 
          interest receive compensation for its possessory interest?

    A concessioner that has possessory interest in real property 
improvements pursuant to the terms of a 1965 Act concession contract, 
will, if the prior concessioner does not seek or is not awarded a new 
concession contract upon expiration or other termination of its 1965 Act 
concession contract, be entitled to receive compensation for its 
possessory interest in the amount and manner described by the possessory 
interest concession contract. The concessioner shall also be entitled to 
receive all other compensation, including any compensation for property 
in which there is no possessory interest, to the extent and in the 
manner that the possessory interest contract may provide.



Sec. 51.69  What happens if there is a dispute between the new 
concessioner and a prior concessioner as to the value of the prior
 concessioner's possessory 
          interest?

    In case of a dispute between a new concessioner and a prior 
concessioner as to the value of the prior concessioner's possessory 
interest, the dispute will be resolved under the procedures contained in 
the possessory interest concession contract. A new concessioner will not 
agree on the value of a prior concessioner's possessory interest without 
the prior written approval

[[Page 280]]

of the Director unless the value is determined through the binding 
determination process required by the possessory interest concession 
contract. The Director's written approval is to ensure that the value is 
consistent with the terms and conditions of the possessory interest 
concession contract. If a new concessioner and a prior concessioner 
engage in a binding process to resolve a dispute as to the value of the 
prior concessioner's possessory interest, the new concessioner must 
allow the Director to assist the new concessioner in the dispute process 
to the extent requested by the Director. Nothing in this section may be 
construed as limiting the rights of the prior concessioner to be paid 
for its possessory interest or other property by a new concessioner in 
accordance with the terms of its concession contract.



Sec. 51.70  If a concessioner under a 1965 Act concession contract is 
awarded a new concession contract, what happens to the concessioner's
 possessory interest?

    In the event a concessioner under a 1965 Act concession contract is 
awarded a new concession contract replacing a possessory interest 
concession contract, the concessioner will obtain a leasehold surrender 
interest in its existing possessory interest real property improvements 
under the terms of the new concession contract. The concessioner will 
carry over as the initial value of such leasehold surrender interest 
(instead of initial construction cost) an amount equal to the value of 
its possessory interest in real property improvements as of the 
expiration or other termination of its possessory interest contract. 
This leasehold surrender interest will apply to the concessioner's 
possessory interest in real property improvements even if the real 
property improvements are not capital improvements as defined in this 
part. In the event that the concessioner had a possessory interest in 
only a portion of a structure, depreciation for purposes of leasehold 
surrender interest value under the new concession contract will apply 
only to the portion of the structure to which the possessory interest 
applied. The concessioner and the Director will seek to agree on an 
allocation of the leasehold surrender interest value on a unit by unit 
basis.



Sec. 51.71  What is the process to be followed if there is a dispute 
between the prior concessioner and the Director as to the value of 
possessory interest?

    Unless other procedures are agreed to by the concessioner and the 
Director, in the event that a concessioner under a possessory interest 
concession contract is awarded a new concession contract and there is a 
dispute between the concessioner and the Director as to the value of 
such possessory interest, or, a dispute as to the allocation of an 
established overall possessory interest value on a unit by unit basis, 
the value and/or allocation will be established by arbitration in 
accordance with the terms and conditions of this part. The arbitration 
procedures are described in Sec. 51.51.



Sec. 51.72  If a new concessioner is awarded the contract, what is the
 relationship between leasehold surrender interest and possessory interest?

    If a new concessioner is awarded a leasehold surrender interest 
concession contract and is required to pay a prior concessioner for 
possessory interest in real property improvements, the new concessioner 
will have a leasehold surrender interest in the real property 
improvements under the terms of its new concession contract. The initial 
value of the leasehold surrender interest (instead of initial 
construction cost) will be the value of the possessory interest as of 
the expiration or other termination of the 1965 Act possessory interest 
concession contract. This leasehold surrender interest will apply even 
if the related possessory interest real property improvements are not 
capital improvements as defined in this part. In the event a new 
concessioner obtains a leasehold surrender interest in only a portion of 
a structure as a result of the acquisition of a possessory interest from 
a prior concessioner, depreciation for purposes of leasehold surrender 
interest value will apply only to the portion of the structure to which 
the possessory interest applied.

[[Page 281]]



                Subpart I--Concession Contract Provisions



Sec. 51.73  What is the term of a concession contract?

    A concession contract will generally be awarded for a term of 10 
years or less unless the Director determines that the contract terms and 
conditions, including the required construction of capital improvements, 
warrant a longer term. It is the policy of the Director under these 
requirements that the term of concession contracts should be as short as 
is prudent, taking into account the financial requirements of the 
concession contract, resource protection and visitor needs, and other 
factors the Director may deem appropriate. In no event will a concession 
contract have a term of more than 20 years (unless extended in 
accordance with this part).



Sec. 51.74  When may a concession contract be terminated by the Director?

    Concession contracts will contain appropriate provisions for 
suspension of operations under a concession contract and for termination 
of a concession contract by the Director for default, including, without 
limitation, unsatisfactory performance, or termination when necessary to 
achieve the purposes of the 1998 Act. The purposes of the 1998 Act 
include, but are not limited to, protecting, conserving, and preserving 
park area resources and providing necessary and appropriate visitor 
services in park areas.



Sec. 51.75  May the Director segment or split concession contracts?

    The Director may not segment or otherwise split visitor services 
authorized or required under a single concession contract into separate 
concession contracts if the purpose of such action is to establish a 
concession contract with anticipated annual gross receipts of less than 
$500,000.



Sec. 51.76  May the Director include in a concession contract or otherwise
 grant a concessioner a preferential right to provide new or additional
 visitor 
          services?

    The Director may not include a provision in a concession contract or 
otherwise grant a concessioner a preferential right to provide new or 
additional visitor services under the terms of a concession contract or 
otherwise. For the purpose of this section, a ``preferential right to 
new or additional services'' means a right of a concessioner to a 
preference (in the nature of a right of first refusal or otherwise) to 
provide new or additional visitor services in a park area beyond those 
already provided by the concessioner under the terms of a concession 
contract. A concession contract may be amended to authorize the 
concessioner to provide minor additional visitor services that are a 
reasonable extension of the existing services. A concessioner that is 
allocated park area entrance, user days or similar resource use 
allocations for the purposes of a concession contract will not obtain 
any contractual or other rights to continuation of a particular 
allocation level pursuant to the terms of a concession contract or 
otherwise. Such allocations will be made, withdrawn and/or adjusted by 
the Director from time to time in furtherance of the purposes of this 
part.



Sec. 51.77  Will a concession contract provide a concessioner an 
exclusive right to provide visitor services?

    Concession contracts will not provide in any manner an exclusive 
right to provide all or certain types of visitor services in a park 
area. The Director may limit the number of concession contracts to be 
awarded for the conduct of visitor services in a particular park area in 
furtherance of the purposes described in this part.

[[Page 282]]



Sec. 51.78  Will a concession contract require a franchise fee and will 
the franchise fee be subject to adjustment?

    (a) Concession contracts will provide for payment to the government 
of a franchise fee or other monetary consideration as determined by the 
Director upon consideration of the probable value to the concessioner of 
the privileges granted by the contract involved. This probable value 
will be based upon a reasonable opportunity for net profit in relation 
to capital invested and the obligations of the contract. Consideration 
of revenue to the United States shall be subordinate to the objectives 
of protecting and preserving park areas and of providing necessary and 
appropriate visitor services at reasonable rates.
    (b) The franchise fee contained in a concession contract with a term 
of 5 years or less may not be adjusted during the term of the contract. 
Concession contracts with a term of more than 5 years will contain a 
provision that provides for adjustment of the contract's established 
franchise fee at the request of the concessioner or the Director. An 
adjustment will occur if the concessioner and the Director mutually 
determine that extraordinary, unanticipated changes occurred after the 
effective date of the contract that have affected or will significantly 
affect the probable value of the privileges granted by the contract. The 
concession contract will provide for arbitration if the Director and a 
concessioner cannot agree upon an appropriate adjustment to the 
franchise fee that reflects the extraordinary, unanticipated changes 
determined by the concessioner and the Director.



Sec. 51.79  May the Director waive payment of a franchise fee or other
 payments?

    The Director may not waive the concessioner's payment of a franchise 
fee or other payments or consideration required by a concession 
contract, except that a franchise fee may be waived in part by the 
Director pursuant to administrative guidelines that may allow for a 
partial franchise fee waiver in recognition of exceptional performance 
by a concessioner under the terms of a concession contract. A 
concessioner will have no right to require the partial waiver of a 
franchise fee under this authority or under any related administrative 
guidelines.



Sec. 51.80  How will the Director establish franchise fees for multiple
 outfitter and guide concession contracts in the same park area?

    If the Director awards more than one outfitter and guide concession 
contract that authorizes or requires the concessioners to provide the 
same or similar visitor services at the same approximate location or 
utilizing the same resource within a single park area, the Director will 
establish franchise fees for those concession contracts that are 
comparable. In establishing these comparable franchise fees, the 
Director will take into account, as appropriate, variations in the 
nature and type of visitor services authorized by particular concession 
contracts, including, but not limited to, length of the visitor 
experience, type of equipment utilized, relative expense levels, and 
other relevant factors. The terms and conditions of an existing 
concession contract will not be subject to modification or open to 
renegotiation by the Director because of the award of a new concession 
contract at the same approximate location or utilizing the same 
resource.



Sec. 51.81  May the Director include ``special account'' provisions in
 concession contracts?

    (a) The Director may not include in concession contracts ``special 
account'' provisions, that is, contract provisions which require or 
authorize a concessioner to undertake with a specified percentage of the 
concessioner's gross receipts the construction of real property 
improvements, including, without limitation, capital improvements on 
park lands. The construction of capital improvements will be undertaken 
only pursuant to the leasehold surrender interest provisions of this 
part and the applicable concession contract.
    (b) Concession contracts may contain provisions that require the 
concessioner to set aside a percentage of its gross receipts or other 
funds in a repair and maintenance reserve to be used at the direction of 
the Director solely for

[[Page 283]]

maintenance and repair of real property improvements located in park 
areas and utilized by the concessioner in its operations. Repair and 
maintenance reserve funds may not be expended to construct real property 
improvements, including, without limitation, capital improvements. 
Repair and maintenance reserve provisions may not be included in 
concession contracts in lieu of a franchise fee, and funds from the 
reserves will be expended only for the repair and maintenance of real 
property improvements assigned to the concessioner by the Director for 
use in its operations.
    (c) A concession contract must require the concessioner to maintain 
in good condition through a comprehensive repair and maintenance program 
all of the concessioner's personal property used in the performance of 
the concession contract and all real property improvements, including, 
without limitation, capital improvements, and, government personal 
property, assigned to the concessioner by a concession contract.



Sec. 51.82  Are a concessioner's rates required to be reasonable and 
subject to approval by the Director?

    (a) Concession contracts will permit the concessioner to set 
reasonable and appropriate rates and charges for visitor services 
provided to the public, subject to approval by the Director.
    (b) Unless otherwise provided in a concession contract, the 
reasonableness of a concessioner's rates and charges to the public will 
be determined primarily by comparison with those rates and charges for 
facilities and services of comparable character under similar 
conditions, with due consideration of the following factors and other 
factors deemed relevant by the Director: Length of season; peakloads; 
average percentage of occupancy; accessibility; availability and costs 
of labor and materials; and types of patronage. Such rates and charges 
may not exceed the market rates and charges for comparable facilities, 
goods, and services, after taking these factors into consideration.



Sec. 51.83  Handicrafts. [Reserved]



      Subpart J--Assignment or Encumbrance of Concession Contracts



Sec. 51.84  What special terms must I know to understand this part?

    To understand this subpart specifically and this part in general you 
must refer to these definitions, applicable in the singular or plural, 
whenever the terms are used in this part.
    A controlling interest in a concession contract means an interest, 
beneficial or otherwise, that permits the exercise of managerial 
authority over a concessioner's performance under the terms of the 
concession contract and/or decisions regarding the rights and 
liabilities of the concessioner.
    A controlling interest in a concessioner means, in the case of 
corporate concessioners, an interest, beneficial or otherwise, of 
sufficient outstanding voting securities or capital of the concessioner 
or related entities that permits the exercise of managerial authority 
over the actions and operations of the concessioner. A ``controlling 
interest'' in a concessioner also means, in the case of corporate 
concessioners, an interest, beneficial or otherwise, of sufficient 
outstanding voting securities or capital of the concessioner or related 
entities to permit the election of a majority of the Board of Directors 
of the concessioner. The term ``controlling interest'' in a 
concessioner, in the instance of a partnership, limited partnership, 
joint venture, other business organization or individual 
entrepreneurship, means ownership or beneficial ownership of the assets 
of the concessioner that permits the exercise of managerial authority 
over the actions and operations of the concessioner.
    Rights to operate and/or manage under a concession contract means 
any arrangement where the concessioner employs or contracts with a third 
party to operate and/or manage the performance of a concession contract 
(or any portion thereof). This does not apply to arrangements with an 
individual employee.
    Subconcessioner means a third party that, with the approval of the 
Director,

[[Page 284]]

has been granted by a concessioner rights to operate under a concession 
contract (or any portion thereof), whether in consideration of a 
percentage of revenues or otherwise.



Sec. 51.85  What assignments require the approval of the Director?

    The concessioner may not assign, sell, convey, grant, contract for, 
or otherwise transfer (such transactions collectively referred to as 
``assignments'' for purposes of this part), without the prior written 
approval of the Director, any of the following:
    (a) Any concession contract;
    (b) Any rights to operate under or manage the performance of a 
concession contract as a subconcessioner or otherwise;
    (c) Any controlling interest in a concessioner or concession 
contract; or
    (d) Any leasehold surrender interest or possessory interest obtained 
under a concession contract.



Sec. 51.86  What encumbrances require the approval of the Director?

    The concessioner may not encumber, pledge, mortgage or otherwise 
provide as a security interest for any purpose (such transactions 
collectively referred to as ``encumbrances'' for purposes of this part), 
without the prior written approval of the Director, any of the 
following:
    (a) Any concession contract;
    (b) Any rights to operate under or manage performance under a 
concession contract as a subconcessioner or otherwise;
    (c) Any controlling interest in a concessioner or concession 
contract; or
    (d) Any leasehold surrender interest or possessory interest obtained 
under a concession contract.



Sec. 51.87  Does the concessioner have an unconditional right to 
receive the Director's approval of an assignment or encumbrance?

    No, approvals of assignments or encumbrances are subject to the 
following determinations by the Director:
    (a) That the purpose of a leasehold surrender interest or possessory 
interest encumbrance is either to finance the construction of capital 
improvements under the applicable concession contract in the applicable 
park area or to finance the purchase of the applicable concession 
contract. An encumbrance of a leasehold surrender interest or possessory 
interest may not be made for any other purpose, including, but not 
limited to, providing collateral for other debt of a concessioner, the 
parent of a concessioner, or an entity related to a concessioner;
    (b) That the encumbrance does not purport to provide the creditor or 
assignee any rights beyond those provided by the applicable concession 
contract, including, but not limited to, any rights to conduct business 
in a park area except in strict accordance with the terms and conditions 
of the applicable concession contract;
    (c) That the encumbrance does not purport to permit a creditor or 
assignee of a creditor, in the event of default or otherwise, to begin 
operations under the applicable concession contract or through a 
designated operator unless and until the Director determines that the 
proposed operator is a qualified person as defined in this part;
    (d) That an assignment or encumbrance does not purport to assign or 
encumber assets that are not owned by the concessioner, including, 
without limitation, park area entrance, user day, or similar use 
allocations made by the Director;
    (e) That the assignment is to a qualified person as defined in this 
part;
    (f) That the assignment or encumbrance would not have an adverse 
impact on the protection, conservation or preservation of park 
resources;
    (g) That the assignment or encumbrance would not have an adverse 
impact on the provision of necessary and appropriate facilities and 
services to visitors at reasonable rates and charges; and
    (h) That the terms of the assignment or encumbrance are not likely, 
directly or indirectly, to reduce an existing or new concessioner's 
opportunity to earn a reasonable profit over the remaining term of the 
applicable concession contract, to affect adversely the quality of 
facilities and services provided by the concessioner, or result in a 
need for increased rates and charges to the public to maintain the 
quality of concession facilities and services.

[[Page 285]]



Sec. 51.88  What happens if an assignment or encumbrance is completed 
without the approval of the Director?

    Assignments or encumbrances completed without the prior written 
approval of the Director will be considered as null and void and a 
material breach of the applicable concession contract which may result 
in termination of the contract for cause. No person will obtain any 
valid or enforceable rights in a concessioner, in a concession contract, 
or to operate or manage under a concession contract as a subconcessioner 
or otherwise, or to leasehold surrender interest or possessory interest, 
if acquired in violation of the requirements in this subpart.



Sec. 51.89  What happens if there is a default on an encumbrance 
approved by the Director?

    In the event of default on an encumbrance approved by the Director 
in accordance with this part, the creditor, or an assignee of the 
creditor, may succeed to the interests of the concessioner only to the 
extent provided by the approved encumbrance, this part and the terms and 
conditions of the applicable concession contract.



Sec. 51.90  How does the concessioner get the Director's approval before
 making an assignment or encumbrance?

    Before completing any assignment or encumbrance which may be 
considered to be the type of transaction described in this part, 
including, but not limited to, the assignment or encumbrance of what may 
be a controlling interest in a concessioner or a concession contract, 
the concessioner must apply in writing for approval of the transaction 
by the Director.



Sec. 51.91  What information may the Director require in the application?

    An application for the Director's approval of an assignment or 
encumbrance will include, to the extent required by the Director in the 
circumstances of the transaction, the following information in such 
detail as the Director may specify in order to make the determinations 
required by this subpart:
    (a) All instruments proposed to implement the transaction;
    (b) An opinion of counsel to the effect that the proposed 
transaction is lawful under all applicable federal and state laws;
    (c) A narrative description of the proposed transaction;
    (d) A statement as to the existence and nature of any litigation 
relating to the proposed transaction;
    (e) A description of the management qualifications, financial 
background, and financing and operational plans of any proposed 
transferee;
    (f) A detailed description of all financial aspects of the proposed 
transaction;
    (g) Prospective financial statements (proformas);
    (h) A schedule that allocates in detail the purchase price (or, in 
the case of a transaction other than an asset purchase, the valuation) 
of all assets assigned or encumbered. In addition, the applicant must 
provide a description of the basis for all allocations and ownership of 
all assets; and
    (i) Such other information as the Director may require to make the 
determinations required by this subpart.



Sec. 51.92  What are standard proformas?

    Concessioners are encouraged to submit standard prospective 
financial statements (proformas) pursuant to this part. A ``standard 
proforma'' is one that:
    (a) Provides projections, including revenues and expenses that are 
consistent with the concessioner's past operating history unless the 
proforma is accompanied by a narrative that describes why differing 
expectations are achievable and realistic;
    (b) Assumes that any loan related to an assignment or encumbrance 
will be paid in full by the expiration of the concession contract unless 
the proforma contains a narrative description as to why an extended loan 
period is consistent with an opportunity for reasonable profit over the 
remaining term of the concession contract. The narrative description 
must include, but is not limited to, identification of the loan's 
collateral after expiration of the concession contract; and

[[Page 286]]

    (c) Assumes amortization of any intangible assets assigned or 
encumbered as a result of the transaction over the remaining term of the 
concession contract unless the proforma contains a narrative description 
as to why such extended amortization period is consistent with an 
opportunity for reasonable profit over the remaining term of the 
concession contract.



Sec. 51.93  If the transaction includes more that one concession 
contract, how must required information be provided?

    In circumstances of an assignment or encumbrance that includes more 
than one concession contract, the concessioner must provide the 
information described in this subpart on a contract by contract basis.



Sec. 51.94  What information will the Director consider when deciding to
 approve a transaction?

    In deciding whether to approve an assignment or encumbrance, the 
Director will consider the proformas, all other information submitted by 
the concessioner, and other information available to the Director.



Sec. 51.95  Does the Director's approval of an assignment or encumbrance
 include any representations of any nature?

    In approving an assignment or encumbrance, the Director has no duty 
to inform any person of any information the Director may have relating 
to the concession contract, the park area, or other matters relevant to 
the concession contract or the assignment or encumbrance. In addition, 
in approving an assignment or encumbrance, the Director makes no 
representations of any nature to any person about any matter, including, 
but not limited to, the value, allocation, or potential profitability of 
any concession contract or assets of a concessioner. No approval of an 
assignment or encumbrance may be construed as altering the terms and 
conditions of the applicable concession contract unless expressly so 
stated by the Director in writing.



Sec. 51.96  May the Director amend or extend a concession contract for the
 purpose of facilitating a transaction?

    The Director may not amend or extend a concession contract for the 
purpose of facilitating an assignment or encumbrance. The Director may 
not make commitments regarding rates to the public, contract extensions, 
concession contract terms and conditions, or any other matter, for the 
purpose of facilitating an assignment or encumbrance.



Sec. 51.97  May the Director open to renegotiation or modify the terms 
of a concession contract as a condition to the approval of a transaction?

    The Director may not open to renegotiation or modify the terms and 
conditions of a concession contract as a condition to the approval of an 
assignment or encumbrance. The exception is if the Director determines 
that renegotiation or modification is required to avoid an adverse 
impact on the protection, conservation or preservation of the resources 
of a park area or an adverse impact on the provision of necessary and 
appropriate visitor services at reasonable rates and charges.



            Subpart K--Information and Access to Information



Sec. 51.98  What records must the concessioner keep and what access 
does the Director have to records?

    A concessioner (and any subconcessioner) must keep any records that 
the Director may require for the term of the concession contract and for 
five calendar years after the termination or expiration of the 
concession contract to enable the Director to determine that all terms 
of the concession contract are or were faithfully performed. The 
Director and any duly authorized representative of the Director must, 
for the purpose of audit and examination, have access to all pertinent 
records, books, documents, and papers of the concessioner, 
subconcessioner and any parent or affiliate of the concessioner (but 
with respect to parents

[[Page 287]]

and affiliates, only to the extent necessary to confirm the validity and 
performance of any representations or commitments made to the Director 
by a parent or affiliate of the concessioner).



Sec. 51.99  What access to concessioner records will the Comptroller 
General have?

    The Comptroller General or any duly authorized representative of the 
Comptroller General must, until the expiration of five calendar years 
after the close of the business year of each concessioner (or 
subconcessioner), have access to and the right to examine all pertinent 
books, papers, documents and records of the concessioner, 
subconcessioner and any parent or affiliate of the concessioner (but 
with respect to parents and affiliates only to the extent necessary to 
confirm the validity and performance of any representations or 
commitments made to the Director by the parent or affiliate of the 
concessioner).



Sec. 51.100  When will the Director make proposals and evaluation 
documents publicly available?

    In the interest of enhancing competition for concession contracts, 
the Director will not make publicly available proposals submitted in 
response to a prospectus or documents generated by the Director in 
evaluating such proposals, until the date that the new concession 
contract solicited by the prospectus is awarded. At that time, the 
Director may or will make the proposals and documents publicly available 
in accordance with applicable law.



     Subpart L--The Effect of the 1998 Act's Repeal of the 1965 Act



Sec. 51.101  Did the 1998 Act repeal the 1965 Act?

    Section 415 of the 1998 Act repealed the 1965 Act and related laws 
as of November 13, 1998. This repeal did not affect the validity of any 
1965 Act concession contract. The provisions of this part apply to all 
1965 Act concession contracts except to the extent that such provisions 
are inconsistent with terms and conditions of a 1965 Act concession 
contract.



Sec. 51.102  What is the effect of the 1998 Act's repeal of the 1965 
Act's preference in renewal?

    (a) Section 5 of the 1965 Act required the Secretary to give 
existing satisfactory concessioners a preference in the renewal (termed 
a ``renewal preference'' in the rest of this section) of its concession 
contract or permit. Section 415 of the 1998 Act repealed this statutory 
renewal preference as of November 13, 1998. It is the final decision of 
the Director, subject to the right of appeal set forth in paragraph (b) 
of this section, that holders of 1965 Act concession contracts are not 
entitled to be given a renewal preference with respect to such contracts 
(although they may otherwise qualify for a right of preference regarding 
such contracts under Sections 403(7) and (8) of the 1998 Act as 
implemented in this part). However, if a concessioner holds an existing 
1965 Act concession contract and the contract makes express reference to 
a renewal preference, the concessioner may appeal to the Director for 
recognition of a renewal preference.
    (b) Such appeal must be in writing and be received by the Director 
no later than thirty days after the issuance of a prospectus for a 
concession contract under this part for which the concessioner asserts a 
renewal preference. The Director must make a decision on the appeal 
prior to the proposal submission date specified in the prospectus. Where 
applicable, the Director will give notice of this appeal to all 
potential offerors that requested a prospectus. The Director may 
delegate consideration of such appeals only to a Deputy or Associate 
Director. The deciding official must prepare a written decision on the 
appeal, taking into account the content of the appeal and other 
available information.
    (c) If the appeal results in a determination by the Director that 
the 1965 Act concession contract in question makes express reference to 
a renewal preference under section 5 of the 1965 Act, the 1998 Act's 
repeal of section 5 of the 1965 Act was inconsistent with the terms and 
conditions of the concession contract, and that the holder of the 
concession contract in these circumstances is entitled to a renewal

[[Page 288]]

preference by operation of law, the Director will permit the 
concessioner to exercise a renewal preference for the contract subject 
to and in accordance with the otherwise applicable right of preference 
terms and conditions of this part, including, without limitation, the 
requirement for submission of a responsive proposal pursuant to the 
terms of an applicable prospectus. The Director, similarly, will permit 
any holder of a 1965 Act concession contract that a court of competent 
jurisdiction determines in a final order is entitled to a renewal 
preference, for any reason, to exercise a right of preference in 
accordance with the otherwise applicable requirements of this part, 
including, without limitation, the requirement for submission of a 
responsive proposal pursuant to the terms of an applicable prospectus.



Sec. 51.103  Severability.

    A determination that any provision of this part is unlawful will not 
affect the validity of the remaining provisions.



                    Subpart M--Information Collection



Sec. 51.104  Have information collection procedures been followed?

    (a) The Paperwork Reduction Act provides that an agency may not 
conduct or sponsor, and a person is not required to respond to, a 
collection of information unless it displays a currently valid OMB 
Control Number. The information collection for submission of proposals 
in response to concession prospectuses contained in this part have been 
approved by the Office of Management and Budget as required by 44 U.S.C. 
3501 et seq. and assigned clearance number 1024-0125, extended through 
May 30, 2000. An information collection for proposed transfers of 
concession operations is covered by OMB Approval No. 1024-0126 effective 
through August 31, 2002.
    (b) The public reporting burden for the collection of information 
for the purpose of preparing a proposal in response to a contract 
solicitation is estimated to average 480 hours per proposal for large 
authorizations and 240 hours per proposal for small authorizations. The 
public reporting burden for the collection of information for the 
purpose of requesting approval of a sale or transfer of a concession 
operation is estimated to be 80 hours. Please send comments regarding 
this burden estimate or any other aspect of this collection of 
information, including suggestions for reducing the burden, to the 
Information Collection Officer, National Park Service, 1849 C Street, 
Washington, DC 20240; and to the Attention: Desk Officer for the 
Interior Department, Office of Information and Regulatory Affairs, 
Office of Management and Budget, Washington, DC 20503.
    (c) Additional reporting and recordkeeping requirements were 
identified in subpart F regarding appeal of a preferred offeror 
determination, subpart G regarding leasehold surrender interest and in 
subpart K regarding recordkeeping that are not covered under OMB 
approval. An emergency information collection request to cover these 
requirements has been prepared and submitted to OMB for approvals. These 
additional information collection requirements will not be implemented 
until OMB approves the emergency request. The Director will publish a 
Federal Register notice when OMB has approved these requirements.



PART 59--LAND AND WATER CONSERVATION FUND PROGRAM OF ASSISTANCE TO STATES;
 POST-COMPLETION COMPLIANCE RESPONSIBILITIES--Table of Contents




Sec.
59.1  Applicability.
59.2  Information collection.
59.3  Conversion requirements.
59.4  Residency requirements.
59.5-59.6  [Reserved]

    Authority: Sec. 6, L&WCF Act of 1965 as amended; Pub. L. 88-578; 78 
Stat. 897; 16 U.S.C. 4601-4 et seq.

    Source: 51 FR 34184, Sept. 25, 1986, unless otherwise noted.



Sec. 59.1  Applicability.

    These post-completion responsibilities apply to each area or 
facility for which Land and Water Conservation Fund (L&WCF) assistance 
is obtained, regardless of the extent of participation of the program in 
the assisted area

[[Page 289]]

or facility and consistent with the contractural agreement between NPS 
and the State. Responsibility for compliance and enforcement of these 
provisions rests with the State for both State and locally sponsored 
projects. The responsibilities cited herein are applicable to the area 
depicted or otherwise described on the 6(f)(3) boundary map and/or as 
described in other project documentation approved by the Department of 
the Interior. In many instances, this mutually agreed to area exceeds 
that actually receiving L&WCF assistance so as to assure the protection 
of a viable recreation entity. For leased sites assisted under L&WCF, 
compliance with post-completion requirements of the grant ceases 
following lease expiration unless the grant agreement calls for some 
other arrangement.



Sec. 59.2  Information collection.

    The information collection requirements contained in Sec. 59.3 have 
been approved by the Office of Management and Budget under 44 U.S.C. 
3501 et seq. and assigned clearance number 1024-0047. The information is 
being collected to determine whether to approve a project sponsor's 
request to convert an assisted site or facility to other than public 
outdoor recreation uses. The information will be used to assure that the 
requirements of section 6(f)(3) of the L&WCF Act would be met should the 
proposed conversion be implemented. Response is required in order to 
obtain the benefit of Department of the Interior approval.



Sec. 59.3  Conversion requirements.

    (a) Background and legal requirements. Section 6(f)(3) of the L&WCF 
Act is the cornerstone of Federal compliance efforts to ensure that the 
Federal investments in L&WCF assistance are being maintained in public 
outdoor recreation use. This section of the Act assures that once an 
area has been funded with L&WCF assistance, it is continually maintained 
in public recreation use unless NPS approves substitution property of 
reasonably equivalent usefulness and location and of at least equal fair 
market value.
    (b) Prerequisites for conversion approval. Requests from the project 
sponsor for permission to convert L&WCF assisted properties in whole or 
in part to other than public outdoor recreation uses must be submitted 
by the State Liaison Officer to the appropriate NPS Regional Director in 
writing. NPS will consider conversion requests if the following 
prerequisites have been met:
    (1) All practical alternatives to the proposed conversion have been 
evaluated.
    (2) The fair market value of the property to be converted has been 
established and the property proposed for substitution is of at least 
equal fair market value as established by an approved appraisal 
(prepared in accordance with uniform Federal appraisal standards) 
excluding the value of structures or facilities that will not serve a 
recreation purpose.
    (3) The property proposed for replacement is of reasonably 
equivalent usefulness and location as that being converted. Dependent 
upon the situation and at the discretion of the Regional Director, the 
replacement property need not provide identical recreation experiences 
or be located at the same site, provided it is in a reasonably 
equivalent location. Generally, the replacement property should be 
administered by the same political jurisdiction as the converted 
property. NPS will consider State requests to change the project sponsor 
when it is determined that a different political jurisdiction can better 
carry out the objectives of the original project agreement. Equivalent 
usefulness and location will be determined based on the following 
criteria:
    (i) Property to be converted must be evaluated in order to determine 
what recreation needs are being fulfilled by the facilities which exist 
and the types of outdoor recreation resources and opportunities 
available. The property being proposed for substitution must then be 
evaluated in a similar manner to determine if it will meet recreation 
needs which are at least like in magnitude and impact to the user 
community as the converted site. This criterion is applicable in the 
consideration of all conversion requests with the exception of those 
where wetlands are proposed as replacement property. Wetland areas and 
interests therein

[[Page 290]]

which have been identified in the wetlands provisions of the Statewide 
Comprehensive Outdoor Recreation Plan shall be considered to be of 
reasonably equivalent usefulness with the property proposed for 
conversion regardless of the nature of the property proposed for 
conversion.
    (ii) Replacement property need not necessarily be directly adjacent 
to or close by the converted site. This policy provides the 
administrative flexibility to determine location recognizing that the 
property should meet existing public outdoor recreation needs. While 
generally this will involve the selection of a site serving the same 
community(ies) or area as the converted site, there may be exceptions. 
For example, if property being converted is in an area undergoing major 
demographic change and the area has no existing or anticipated future 
need for outdoor recreation, then the project sponsor should seek to 
locate the substitute area in another location within the jurisdiction. 
Should a local project sponsor be unable to replace converted property, 
the State would be responsible, as the primary recipient of Federal 
assistance, for assuring compliance with these regulations and the 
substitution of replacement property.
    (iii) The acquisition of one parcel of land may be used in 
satisfaction of several approved conversions.
    (4) The property proposed for substitution meets the eligibility 
requirements for L&WCF assisted acquisition. The replacement property 
must constitute or be part of a viable recreation area. Unless each of 
the following additional conditions is met, land currently in public 
ownership, including that which is owned by another public agency, may 
not be used as replacement land for land acquired as part of an L&WCF 
project:
    (i) The land was not acquired by the sponsor or selling agency for 
recreation.
    (ii) The land has not been dedicated or managed for recreational 
purposes while in public ownership.
    (iii) No Federal assistance was provided in the original acquisition 
unless the assistance was provided under a program expressly authorized 
to match or supplement L&WCF assistance.
    (iv) Where the project sponsor acquires the land from another public 
agency, the selling agency must be required by law to receive payment 
for the land so acquired.

In the case of development projects for which the State match was not 
derived from the cost of the purchase or value of a donation of the land 
to be converted, but from the value of the development itself, public 
land which has not been dedicated or managed for recreation/conservation 
use may be used as replacement land even if this land is transferred 
from one public agency to another without cost.
    (5) In the case of assisted sites which are partially rather than 
wholly converted, the impact of the converted portion on the remainder 
shall be considered. If such a conversion is approved, the unconverted 
area must remain recreationally viable or be replaced as well.
    (6) All necessary coordination with other Federal agencies has been 
satisfactorily accomplished including, for example, compliance with 
section 4(f) of the Department of Transportation Act of 1966.
    (7) The guidelines for environmental evaluation have been 
satisfactorily completed and considered by NPS during its review of the 
proposed 6(f)(3) action. In cases where the proposed conversion arises 
from another Federal action, final review of the State's proposal shall 
not occur until the NPS Regional office is assured that all 
environmental review requirements related to that other action have been 
met.
    (8) State intergovernmental clearinghouse review procedures have 
been adhered to if the proposed conversion and substitution constitute 
significant changes to the original Land and Water Conservation Fund 
project.
    (9) The proposed conversion and substitution are in accord with the 
Statewide Comprehensive Outdoor Recreation Plan (SCORP) and/or 
equivalent recreation plans.
    (c) Amendments for conversion. All conversions require amendments to 
the original project agreements. Therefore, amendment requests should be 
submitted concurrently with conversion requests or at such time as all 
details of the conversion have been worked out

[[Page 291]]

with NPS. Section 6(f)(3) project boundary maps shall be submitted with 
the amendment request to identify the changes to the original area 
caused by the proposed conversion and to establish a new project area 
pursuant to the substitution. Once the conversion has been approved, 
replacement property should be immediately acquired. Exceptions to this 
rule would occur only when it is not possible for replacement property 
to be identified prior to the State's request for a conversion. In such 
cases, an express commitment to satisfy section 6(f)(3) substitution 
requirements within a specified period, normally not to exceed one year 
following conversion approval, must be received from the State. This 
commitment will be in the form of an amendment to the grant agreement.
    (d) Obsolete facilities. Recipients are not required to continue 
operation of a particular facility beyond its useful life. However, when 
a facility is declared obsolete, the site must nonetheless be maintained 
for public outdoor recreation following discontinuance of the assisted 
facility. Failure to so maintain is considered to be a conversion. 
Requests regarding changes from a L&WCF funded facility to another 
otherwise eligible facility at the same site that significantly 
contravene the original plans for the area must be made in writing to 
the Regional Director. NPS approval must be obtained prior to the 
occurrence of the change. NPS approval is not necessarily required, 
however, for each and every facility use change. Rather, a project area 
should be viewed in the context of overall use and should be monitored 
in this context. A change from a baseball field to a football field, for 
example, would not require NPS approval. A change from a swimming pool 
with substantial recreational development to a less intense area of 
limited development such as a passive park, or vice versa, would, 
however, require NPS review and approval. To assure that facility 
changes do not significantly contravene the original project agreement, 
NPS shall be notified by the State of all proposed changes in advance of 
their occurrence. A primary NPS consideration in the review of requests 
for changes in use will be the consistency of the proposal with the 
Statewide Comprehensive Outdoor Recreation Plan and/or equivalent 
recreation plans. Changes to other than public outdoor recreation use 
require NPS approval and the substitution of replacement land in 
accordance with section 6(f)(3) of the L&WCF Act and paragraphs (a) 
through (c) of this section.

[51 FR 34184, Sept. 25, 1986, as amended at 52 FR 22747, June 15, 1987]



Sec. 59.4  Residency requirements.

    (a) Background. Section 6(f)(8) of the L&WCF Act prohibits 
discrimination on the basis of residence, including preferential 
reservation or membership systems, except to the extent that reasonable 
differences in admission and other fees may be maintained on such basis. 
This prohibition applies to both regularly scheduled and special events. 
The general provisions regarding non-discrimination at sites assisted 
under Interior programs and, thereby, all other recreation facilities 
managed by a project sponsor, are covered in 43 CFR part 17 which 
implements the provisions of Title VI of the Civil Rights Act of 1964 
for the Department.
    (b) Policy. There shall be no discrimination for L&WCF assisted 
programs and services on the basis of residence, except in reasonable 
fee differentials. Post-completion compliance responsibilities of the 
recipient should continue to ensure that discrimination on the basis of 
residency is not occurring.
    (c) Fees. Fees charged to nonresidents cannot exceed twice that 
charged to residents. Where there is no charge for residents but a fee 
is charged to nonresidents, nonresident fees cannot exceed fees charged 
for residents at comparable State or local public facilities. 
Reservation, membership, or annual permit systems available to residents 
must also be available to nonresidents and the period of availability 
must be the same for both residents and nonresidents. Recipients are 
prohibited from providing residents the option of purchasing annual or 
daily permits while at the same time restricting nonresidents to the 
purchase of annual permits only. These provisions apply only to the 
approved 6(f)(3) areas applicable to the recipient. Nonresident

[[Page 292]]

fishing and hunting license fees are excluded from these requirements.



Secs. 59.5-59.6  [Reserved]



PART 60--NATIONAL REGISTER OF HISTORIC PLACES--Table of Contents




Sec.
60.1  Authorization and expansion of the National Register.
60.2  Effects of listing under Federal law.
60.3  Definitions.
60.4  Criteria for evaluation.
60.5  Nomination forms and information collection.
60.6  Nominations by the State Historic Preservation Officer under 
          approved State Historic Preservation programs.
60.7-60.8  [Reserved]
60.9  Nominations by Federal agencies.
60.10  Concurrent State and Federal nominations.
60.11  Requests for nominations.
60.12  Nomination appeals.
60.13  Publication in the Federal Register and other NPS notification.
60.14  Changes and revisions to properties listed in the National 
          Register.
60.15  Removing properties from the National Register.

    Authority: National Historic Preservation Act of 1966, as amended, 
16 U.S.C. 470 et seq., and E.O. 11593.

    Source: 46 FR 56187, Nov. 16, 1981, unless otherwise noted.



Sec. 60.1  Authorization and expansion of the National Register.

    (a) The National Historic Preservation Act of 1966, 80 Stat. 915, 16 
U.S.C. 470 et seq., as amended, authorizes the Secretary of the Interior 
to expand and maintain a National Register of districts, sites, 
buildings, structures, and objects significant in American history, 
architecture, archeology, engineering and culture. The regulations 
herein set forth the procedural requirements for listing properties on 
the National Register.
    (b) Properties are added to the National Register through the 
following processes.
    (1) Those Acts of Congress and Executive orders which create 
historic areas of the National Park System administered by the National 
Park Service, all or portions of which may be determined to be of 
historic significance consistent with the intent of Congress;
    (2) Properties declared by the Secretary of the Interior to be of 
national significance and designated as National Historic Landmarks;
    (3) Nominations prepared under approved State Historic Preservation 
Programs, submitted by the State Historic Preservation Officer and 
approved by the NPS;
    (4) Nominations from any person or local government (only if such 
property is located in a State with no approved State Historic 
Preservation Program) approved by the NPS and;
    (5) Nominations of Federal properties prepared by Federal agencies, 
submitted by the Federal Preservation Officer and approved by NPS.



Sec. 60.2  Effects of listing under Federal law.

    The National Register is an authoritative guide to be used by 
Federal, State, and local governments, private groups and citizens to 
identify the Nation's cultural resources and to indicate what properties 
should be considered for protection from destruction or impairment. 
Listing of private property on the National Register does not prohibit 
under Federal law or regulation any actions which may otherwise be taken 
by the property owner with respect to the property.
    (a) The National Register was designed to be and is administered as 
a planning tool. Federal agencies undertaking a project having an effect 
on a listed or eligible property must provide the Advisory Council on 
Historic Preservation a reasonable opportunity to comment pursuant to 
section 106 of the National Historic Preservation Act of 1966, as 
amended. The Council has adopted procedures concerning, inter alia, 
their commenting responsibility in 36 CFR part 800. Having complied with 
this procedural requirement the Federal agency may adopt any course of 
action it believes is appropriate. While the Advisory Council comments 
must be taken into account and integrated into the decisionmaking 
process, program decisions rest with the agency implementing the 
undertaking.
    (b) Listing in the National Register also makes property owners 
eligible to be considered for Federal grants-in-aid for historic 
preservation.

[[Page 293]]

    (c) If a property is listed in the National Register, certain 
provisions of the Tax Reform Act of 1976 as amended by the Revenue Act 
of 1978 and the Tax Treatment Extension Act of 1980 may apply. These 
provisions encourage the preservation of depreciable historic structures 
by allowing favorable tax treatments for rehabilitation, and discourage 
destruction of historic buildings by eliminating certain otherwise 
available Federal tax provisions both for demolition of historic 
structures and for new construction on the site of demolished historic 
buildings. Owners of historic buildings may benefit from the investment 
tax credit provisions of the Revenue Act of 1978. The Economic Recovery 
Tax Act of 1981 generally replaces the rehabilitation tax incentives 
under these laws beginning January 1, 1982 with a 25% investment tax 
credit for rehabilitations of historic commercial, industrial and 
residential buildings. This can be combined with a 15-year cost recovery 
period for the adjusted basis of the historic building. Historic 
buildings with certified rehabilitations receive additional tax savings 
by their exemption from any requirement to reduce the basis of the 
building by the amount of the credit. The denial of accelerated 
depreciation for a building built on the site of a demolished historic 
building is repealed effective January 1, 1982. The Tax Treatment 
Extension Act of 1980 includes provisions regarding charitable 
contributions for conservation purposes of partial interests in 
historically important land areas or structures.
    (d) If a property contains surface coal resources and is listed in 
the National Register, certain provisions of the Surface Mining and 
Control Act of 1977 require consideration of a property's historic 
values in the determination on issuance of a surface coal mining permit.



Sec. 60.3  Definitions.

    (a) Building. A building is a structure created to shelter any form 
of human activity, such as a house, barn, church, hotel, or similar 
structure. Building may refer to a historically related complex such as 
a courthouse and jail or a house and barn.

                                Examples

Molly Brown House (Denver, CO)
Meek Mansion and Carriage House (Hayward, CA)
Huron County Courthouse and Jail (Norwalk, OH)
Fairntosh Plantation (Durham vicinity, NC)

    (b) Chief elected local official. Chief elected local official means 
the mayor, county judge, county executive or otherwise titled chief 
elected administrative official who is the elected head of the local 
political jurisdiction in which the property is located.
    (c) Determination of eligibility. A determination of eligibility is 
a decision by the Department of the Interior that a district, site, 
building, structure or object meets the National Register criteria for 
evaluation although the property is not formally listed in the National 
Register. A determination of eligibility does not make the property 
eligible for such benefits as grants, loans, or tax incentives that have 
listing on the National Register as a prerequisite.
    (d) District. A district is a geographically definable area, urban 
or rural, possessing a significant concentration, linkage, or continuity 
of sites, buildings, structures, or objects united by past events or 
aesthetically by plan or physical development. A district may also 
comprise individual elements separated geographically but linked by 
association or history.

                                Examples

Georgetown Historic District (Washington, DC)
Martin Luther King Historic District (Atlanta, GA)
Durango-Silverton Narrow-Gauge Railroad (right-of-way between Durango 
and Silverton, CO)

    (e) Federal Preservation Officer. The Federal Preservation Officer 
is the official designated by the head of each Federal agency 
responsible for coordinating that agency's activities under the National 
Historic Preservation Act of 1966, as amended, and Executive Order 11593 
including nominating properties under that agency's ownership or control 
to the National Register.

[[Page 294]]

    (f) Keeper of the National Register of Historic Places. The Keeper 
is the individual who has been delegated the authority by NPS to list 
properties and determine their eligibility for the National Register. 
The Keeper may further delegate this authority as he or she deems 
appropriate.
    (g) Multiple Resource Format submission. A Multiple Resource Format 
submission for nominating properties to the National Register is one 
which includes all or a defined portion of the cultural resources 
identified in a specified geographical area.
    (h) National Park Service (NPS). The National Park Service is the 
bureau of the Department of Interior to which the Secretary of Interior 
has delegated the authority and responsibility for administering the 
National Register program.
    (i) National Register Nomination Form. National Register Nomination 
Form means (1) National Register Nomination Form NPS 10-900, with 
accompanying continuation sheets (where necessary) Form NPS 10-900a, 
maps and photographs or (2) for Federal nominations, Form No. 10-306, 
with continuation sheets (where necessary) Form No. 10-300A, maps and 
photographs. Such nomination forms must be ``adequately documented'' and 
``technically and professionally correct and sufficient.'' To meet these 
requirements the forms and accompanying maps and photographs must be 
completed in accord with requirements and guidance in the NPS 
publication, ``How to Complete National Register Forms'' and other NPS 
technical publications on this subject. Descriptions and statements of 
significance must be prepared in accord with standards generally 
accepted by academic historians, architectural historians and 
archeologists. The nomination form is a legal document and reference for 
historical, architectural, and archeological data upon which the 
protections for listed and eligible properties are founded. The 
nominating authority certifies that the nomination is adequately 
documented and technically and professionally correct and sufficient 
upon nomination.
    (j) Object. An object is a material thing of functional, aesthetic, 
cultural, historical or scientific value that may be, by nature or 
design, movable yet related to a specific setting or environment.

                                Examples

Delta Queen Steamboat (Cincinnati, OH)
Adams Memorial (Rock Creek Cemetery, Washington, DC)
Sumpter Valley Gold Dredge (Sumpter, OR)

    (k) Owner or owners. The term owner or owners means those 
individuals, partnerships, corporations or public agencies holding fee 
simple title to property. Owner or owners does not include individuals, 
partnerships, corporations or public agencies holding easements or less 
than fee interests (including leaseholds) of any nature.
    (l) Site. A site is the location of a significant event, a 
prehistoric or historic occupation or activity, or a building or 
structure, whether standing, ruined, or vanished, where the location 
itself maintains historical or archeological value regardless of the 
value of any existing structure.

                                Examples

Cabin Creek Battlefield (Pensacola vicinity, OK)
Mound Cemetery Mound (Chester vicinity, OH)
Mud Springs Pony Express Station Site (Dalton vicinity, NE)

    (m) State Historic Preservation Officer. The State Historic 
Preservation Officer is the person who has been designated by the 
Governor or chief executive or by State statute in each State to 
administer the State Historic Preservation Program, including 
identifying and nominating eligible properties to the National Register 
and otherwise administering applications for listing historic properties 
in the National Register.
    (n) State Historic Preservation Program. The State Historic 
Preservation Program is the program established by each State and 
approved by the Secretary of Interior for the purpose of carrying out 
the provisions of the National Historic Preservation Act of 1966, as 
amended, and related laws and regulations. Such program shall be 
approved by the Secretary before the State may nominate properties to 
the National Register. Any State Historic

[[Page 295]]

Preservation Program in effect under prior authority of law before 
December 12, 1980, shall be treated as an approved program until the 
Secretary approves a program submitted by the State for purposes of the 
Amendments or December 12, 1983, unless the Secretary chooses to rescind 
such approval because of program deficiencies.
    (o) State Review Board. The State Review Board is a body whose 
members represent the professional fields of American history, 
architectural history, historic architecture, prehistoric and historic 
archeology, and other professional disciplines and may include citizen 
members. In States with approved State historic preservation programs 
the State Review Board reviews and approves National Register 
nominations concerning whether or not they meet the criteria for 
evaluation prior to their submittal to the NPS.
    (p) Structure. A structure is a work made up of interdependent and 
interrelated parts in a definite pattern of organization. Constructed by 
man, it is often an engineering project large in scale.

                                Examples

Swanton Covered Railroad Bridge (Swanton vicinity, VT)
Old Point Loma Lighthouse (San Diego, CA)
North Point Water Tower (Milwaukee, WI)
Reber Radio Telescope (Green Bay vicinity, WI)

    (q) Thematic Group Format submission. A Thematic Group Format 
submission for nominating properties to the National Register is one 
which includes a finite group of resources related to one another in a 
clearly distinguishable way. They may be related to a single historic 
person, event, or developmental force; of one building type or use, or 
designed by a single architect; of a single archeological site form, or 
related to a particular set of archeological research problems.
    (r) To nominate. To nominate is to propose that a district, site, 
building, structure, or object be listed in the National Register of 
Historic Places by preparing a nomination form, with accompanying maps 
and photographs which adequately document the property and are 
technically and professionally correct and sufficient.



Sec. 60.4  Criteria for evaluation.

    The criteria applied to evaluate properties (other than areas of the 
National Park System and National Historic Landmarks) for the National 
Register are listed below. These criteria are worded in a manner to 
provide for a wide diversity of resources. The following criteria shall 
be used in evaluating properties for nomination to the National 
Register, by NPS in reviewing nominations, and for evaluating National 
Register eligibility of properties. Guidance in applying the criteria is 
further discussed in the ``How To'' publications, Standards & Guidelines 
sheets and Keeper's opinions of the National Register. Such materials 
are available upon request.

    National Register criteria for evaluation. The quality of 
significance in American history, architecture, archeology, engineering, 
and culture is present in districts, sites, buildings, structures, and 
objects that possess integrity of location, design, setting, materials, 
workmanship, feeling, and association and
    (a) that are associated with events that have made a significant 
contribution to the broad patterns of our history; or
    (b) that are associated with the lives of persons significant in our 
past; or
    (c) that embody the distinctive characteristics of a type, period, 
or method of construction, or that represent the work of a master, or 
that possess high artistic values, or that represent a significant and 
distinguishable entity whose components may lack individual distinction; 
or
    (d) that have yielded, or may be likely to yield, information 
important in prehistory or history.
    Criteria considerations. Ordinarily cemeteries, birthplaces, or 
graves of historical figures, properties owned by religious institutions 
or used for religious purposes, structures that have been moved from 
their original locations, reconstructed historic buildings, properties 
primarily commemorative in nature, and properties that have achieved 
significance within the past 50 years shall not be considered eligible 
for the National Register. However, such properties will qualify if they 
are integral parts of districts that do meet the criteria of if they 
fall within the following categories:
    (a) A religious property deriving primary significance from 
architectural or artistic distinction or historical importance; or
    (b) A building or structure removed from its original location but 
which is significant primarily for architectural value, or which is

[[Page 296]]

the surviving structure most importantly associated with a historic 
person or event; or
    (c) A birthplace or grave of a historical figure of outstanding 
importance if there is no appropriate site or building directly 
associated with his productive life.
    (d) A cemetery which derives its primary significance from graves of 
persons of transcendent importance, from age, from distinctive design 
features, or from association with historic events; or
    (e) A reconstructed building when accurately executed in a suitable 
environment and presented in a dignified manner as part of a restoration 
master plan, and when no other building or structure with the same 
association has survived; or
    (f) A property primarily commemorative in intent if design, age, 
tradition, or symbolic value has invested it with its own exceptional 
significance; or
    (g) A property achieving significance within the past 50 years if it 
is of exceptional importance.
    This exception is described further in NPS ``How To'' 2, 
entitled ``How to Evaluate and Nominate Potential National Register 
Properties That Have Achieved Significance Within the Last 50 Years'' 
which is available from the National Register of Historic Places 
Division, National Park Service, United States Department of the 
Interior, Washington, D.C. 20240.



Sec. 60.5  Nomination forms and information collection.

    (a) All nominations to the National Register are to be made on 
standard National Register forms. These forms are provided upon request 
to the State Historic Preservation Officer, participating Federal 
agencies and others by the NPS. For archival reasons, no other forms, 
photocopied or otherwise, will be accepted.
    (b) The information collection requirements contained in this part 
have been approved by the Office of Management and Budget under 44 
U.S.C. 3507 and assigned clearance number 1024-0018. The information is 
being collected as part of the nomination of properties to the National 
Register. This information will be used to evaluate the eligibility of 
properties for inclusion in the National Register under established 
criteria. The obligation to respond is required to obtain a benefit.



Sec. 60.6  Nominations by the State Historic Preservation Officer under
 approved State Historic Preservation programs.

    (a) The State Historic Preservation Officer is responsible for 
identifying and nominating eligible properties to the National Register. 
Nomination forms are prepared under the supervision of the State 
Historic Preservation Officer. The State Historic Preservation Officer 
establishes statewide priorities for preparation and submittal of 
nominations for all properties meeting National Register criteria for 
evaluation within the State. All nominations from the State shall be 
submitted in accord with the State priorities, which shall be consistent 
with an approved State historic preservation plan.
    (b) The State shall consult with local authorities in the nomination 
process. The State provides notice of the intent to nominate a property 
and solicits written comments especially on the significance of the 
property and whether or not it meets the National Register criteria for 
evaluation. The State notice also gives owners of private property an 
opportunity to concur in or object to listing. The notice is carried out 
as specified in the subsections below.
    (c) As part of the nomination process, each State is required to 
notify in writing the property owner(s), except as specified in 
paragraph (d) of this section, of the State's intent to bring the 
nomination before the State Review Board. The list of owners shall be 
obtained from either official land recordation records or tax records, 
whichever is more appropriate, within 90 days prior to the notification 
of intent to nominate. If in any State the land recordation or tax 
records is not the most appropriate list from which to obtain owners 
that State shall notify the Keeper in writing and request approval that 
an alternative source of owners may be used.

The State is responsible for notifying only those owners whose names 
appear on the list consulted. Where there is more than one owner on the 
list, each separate owner shall be notified. The

[[Page 297]]

State shall send the written notification at least 30 but not more than 
75 days before the State Review Board meeting. Required notices may vary 
in some details of wording as the States prefer, but the content of 
notices must be approved by the National Register. The notice shall give 
the owner(s) at least 30 but not more than 75 days to submit written 
comments and concur in or object in writing to the nomination of such 
property. At least 30 but not more than 75 days before the State Review 
Board meeting, the States are also required to notify by the above 
mentioned National Register approved notice the applicable chief elected 
official of the county (or equivalent governmental unit) and municipal 
political jurisdiction in which the property is located. The National 
Register nomination shall be on file with the State Historic 
Preservation Program during the comment period and a copy made available 
by mail when requested by the public, or made available at a location of 
reasonable access to all affected property owners, such as a local 
library courthouse, or other public place, prior to the State Review 
Board meeting so that written comments regarding the nomination can be 
prepared.
    (d) For a nomination with more than 50 property owners, each State 
is required to notify in writing at least 30 but not more than 75 days 
in advance of the State Review Board meeting the chief elected local 
officials of the county (or equivalent governmental unit) and municipal 
political jurisdiction in which the property or district is located. The 
State shall provide general notice to property owners concerning the 
State's intent to nominate. The general notice shall be published at 
least 30 days but not more than 75 days before the State Review Board 
meeting and provide an opportunity for the submission of written 
comments and provide the owners of private property or a majority of 
such owners for districts an opportunity to concur in or object in 
writing to the nomination. Such general notice must be published in one 
or more local newspapers of general circulation in the area of the 
nomination. The content of the notices shall be approved by the National 
Register. If such general notice is used to notify the property owners 
for a nomination containing more than 50 owners, it is suggested that a 
public information meeting be held in the immediate area prior to the 
State Review Board meeting. If the State wishes to individually notify 
all property owners, it may do so, pursuant to procedures specified in 
subsection 60.6(c), in which case, the State need not publish a general 
notice.
    (e) For Multiple Resource and Thematic Group Format submission, each 
district, site, building, structure and object included in the 
submission is treated as a separate nomination for the purpose of 
notification and to provide owners of private property the opportunity 
to concur in or object in writing to the nomination in accord with this 
section.
    (f) The commenting period following notifications can be waived only 
when all property owners and the chief elected local official have 
advised the State in writing that they agree to the waiver.
    (g) Upon notification, any owner or owners of a private property who 
wish to object shall submit to the State Historic Preservation Officer a 
notarized statement certifying that the party is the sole or partial 
owner of the private property, as appropriate, and objects to the 
listing. In nominations with multiple ownership of a single private 
property or of districts, the property will not be listed if a majority 
of the owners object to listing. Upon receipt of notarized objections 
respecting a district or single private property with multiple owners, 
it is the responsibility of the State Historic Preservation Officer to 
ascertain whether a majority of owners of private property have 
objected. If an owner whose name did not appear on the list certifies in 
a written notarized statement that the party is the sole or partial 
owner of a nominated private property such owner shall be counted by the 
State Historic Preservation Officer in determining whether a majority of 
owners has objected. Each owner of private property in a district has 
one vote regardless of how many properties or what part of

[[Page 298]]

one property that party owns and regardless of whether the property 
contributes to the significance of the district.
    (h) If a property has been submitted to and approved by the State 
Review Board for inclusion in the National Register prior to the 
effective date of this section, the State Historic Preservation Officer 
need not resubmit the property to the State Review Board; but before 
submitting the nomination to the NPS shall afford owners of private 
property the opportunity to concur in or object to the property's 
inclusion in the Register pursuant to applicable notification procedures 
described above.
    (i) [Reserved]
    (j) Completed nomination forms or the documentation proposed for 
submission on the nomination forms and comments concerning the 
significance of a property and its eligibility for the National Register 
are submitted to the State Review Board. The State Review Board shall 
review the nomination forms or documentation proposed for submission on 
the nomination forms and any comments concerning the property's 
significance and eligibility for the National Register. The State Review 
Board shall determine whether or not the property meets the National 
Register criteria for evaluation and make a recommendation to the State 
Historic Preservation Officer to approve or disapprove the nomination.
    (k) Nominations approved by the State Review Board and comments 
received are then reviewed by the State Historic Preservation Officer 
and if he or she finds the nominations to be adequately documented and 
technically, professionally, and procedurally correct and sufficient and 
in conformance with National Register criteria for evaluation, the 
nominations are submitted to the Keeper of the National Register of 
Historic Places, National Park Service, United States Department of the 
Interior, Washington, D.C. 20240. All comments received by a State and 
notarized statements of objection to listing are submitted with a 
nomination.
    (l) If the State Historic Preservation Officer and the State Review 
Board disagree on whether a property meets the National Register 
criteria for evaluation, the State Historic Preservation Officer, if he 
or she chooses, may submit the nomination with his or her opinion 
concerning whether or not the property meets the criteria for evaluation 
and the opinion of the State Review Board to the Keeper of the National 
Register for a final decision on the listing of the property. The 
opinion of the State Review Board may be the minutes of the Review Board 
meeting. The State Historic Preservation Officer shall submit such 
disputed nominations if so requested within 45 days of the State Review 
Board meeting by the State Review Board or the chief elected local 
official of the local, county or municipal political subdivision in 
which the property is located but need not otherwise do so. Such 
nominations will be substantively reviewed by the Keeper.
    (m) The State Historic Preservation Officer shall also submit to the 
Keeper nominations if so requested under the appeals process in 
Sec. 60.12.
    (n) If the owner of a private property or the majority of such 
owners for a district or single property with multiple owners have 
objected to the nomination prior to the submittal of a nomination, the 
State Historic Preservation Officer shall submit the nomination to the 
Keeper only for a determination of eligibility pursuant to subsection 
(s) of this section.
    (o) The State Historic Preservation Officer signs block 12 of the 
nomination form if in his or her opinion the property meets the National 
Register criteria for evaluation. The State Historic Preservation 
Officer's signature in block 12 certifies that:
    (1) All procedural requirements have been met;
    (2) The nomination form is adequately documented;
    (3) The nomination form is technically and professionally correct 
and sufficient;
    (4) In the opinion of the State Historic Preservation Officer, the 
property meets the National Register criteria for evaluation.
    (p) When a State Historic Preservation Officer submits a nomination 
form for a property that he or she does not believe meets the National 
Register

[[Page 299]]

criteria for evaluation, the State Historic Preservation Officer signs a 
continuation sheet Form NPS 10-900a explaining his/her opinions on the 
eligibility of the property and certifying that:
    (1) All procedural requirements have been met;
    (2) The nomination form is adequately documented;
    (3) The nomination form is technically and professionally correct 
and sufficient.
    (q) Notice will be provided in the Federal Register that the 
nominated property is being considered for listing in the National 
Register of Historic Places as specified in Sec. 60.13.
    (r) Nominations will be included in the National Register within 45 
days of receipt by the Keeper or designee unless the Keeper disapproves 
a nomination, an appeal is filed, or the owner of private property (or 
the majority of such owners for a district or single property with 
multiple owners) objects by notarized statements received by the Keeper 
prior to listing. Nominations which are technically or professionally 
inadequate will be returned for correction and resubmission. When a 
property does not appear to meet the National Register criteria for 
evaluation, the nomination will be returned with an explanation as to 
why the property does not meet the National Register criteria for 
evaluation.
    (s) If the owner of private property (or the majority of such owners 
for a district or single property with multiple owners) has objected to 
the nomination by notarized statement prior to listing, the Keeper shall 
review the nomination and make a determination of eligibility within 45 
days of receipt, unless an appeal is filed. The Keeper shall list such 
properties determined eligible in the National Register upon receipt of 
notarized statements from the owner(s) of private property that the 
owner(s) no longer object to listing.
    (t) Any person or organization which supports or opposes the 
nomination of a property by a State Historic Preservation Officer may 
petition the Keeper during the nomination process either to accept or 
reject a nomination. The petitioner must state the grounds of the 
petition and request in writing that the Keeper substantively review the 
nomination. Such petitions received by the Keeper prior to the listing 
of a property in the National Register or a determination of its 
eligibility where the private owners object to listing will be 
considered by the Keeper and the nomination will be substantively 
reviewed.
    (u) State Historic Preservation Officers are required to inform the 
property owners and the chief elected local official when properties are 
listed in the National Register. In the case of a nomination where there 
are more than 50 property owners, they may be notified of the entry in 
the National Register by the same general notice stated in Sec. 60.6(d). 
States which notify all property owners individually of entries in the 
National Register need not publish a general notice.
    (v) In the case of nominations where the owner of private property 
(or the majority of such owners for a district or single property with 
multiple owners) has objected and the Keeper has determined the 
nomination eligible for the National Register, the State Historic 
Preservation Officer shall notify the appropriate chief elected local 
official and the owner(s) of such property of this determination. The 
general notice may be used for properties with more than 50 owners as 
described in Sec. 60.6(d) or the State Historic Preservation Officer may 
notify the owners individually.
    (w) If subsequent to nomination a State makes major revisions to a 
nomination or renominates a property rejected by the Keeper, the State 
Historic Preservation Officer shall notify the affected property 
owner(s) and the chief elected local official of the revisions or 
renomination in the same manner as the original notification for the 
nomination, but need not resubmit the nomination to the State Review 
Board. Comments received and notarized statements of objection must be 
forwarded to the Keeper along with the revisions or renomination. The 
State Historic Preservation Officer also certifies by the resubmittal 
that the affected property owner(s) and the chief elected local official 
have been renotified. ``Major revisions'' as used herein

[[Page 300]]

means revisions of boundaries or important substantive revisions to the 
nomination which could be expected to change the ultimate outcome as to 
whether or not the property is listed in the National Register by the 
Keeper.
    (x) Notwithstanding any provision hereof to the contrary, the State 
Historic Preservation Officer in the nomination notification process or 
otherwise need not make available to any person or entity (except a 
Federal agency planning a project, the property owner, the chief elected 
local official of the political jurisdiction in which the property is 
located, and the local historic preservation commission for certified 
local governments) specific information relating to the location of 
properties proposed to be nominated to, or listed in, the National 
Register if he or she determines that the disclosure of specific 
information would create a risk of destruction or harm to such 
properties.
    (y) With regard to property under Federal ownership or control, 
completed nomination forms shall be submitted to the Federal 
Preservation Officer for review and comment. The Federal Preservation 
Officer, may approve the nomination and forward it to the Keeper of the 
National Register of Historic Places, National Park Service, United 
States Department of the Interior, Washington, D.C. 20240.

[46 FR 56187, Nov. 16, 1981, as amended at 48 FR 46308, Oct. 12, 1983]



Secs. 60.7-60.8  [Reserved]



Sec. 60.9  Nominations by Federal agencies.

    (a) The National Historic Preservation Act of 1966, as amended, 
requires that, with the advice of the Secretary and in cooperation with 
the State Historic Preservation Officer of the State involved, each 
Federal agency shall establish a program to locate, inventory and 
nominate to the Secretary all properties under the agency's ownership or 
control that appear to qualify for inclusion on the National Register. 
Section 2(a) of Executive Order 11593 provides that Federal agencies 
shall locate, inventory, and nominate to the Secretary of the Interior 
all sites, buildings, districts, and objects under their jurisdiction or 
control that appear to qualify for listing on the National Register of 
Historic Places. Additional responsibilities of Federal agencies are 
detailed in the National Historic Preservation Act of 1966, as amended, 
Executive Order 11593, the National Environmental Policy Act of 1969, 
the Archeological and Historic Preservation Act of 1974, and procedures 
developed pursuant to these authorities, and other related legislation.
    (b) Nomination forms are prepared under the supervision of the 
Federal Preservation Officer designated by the head of a Federal agency 
to fulfill agency responsibilities under the National Historic 
Preservation Act of 1966, as amended.
    (c) Completed nominations are submitted to the appropriate State 
Historic Preservation Officer for review and comment regarding the 
adequacy of the nomination, the significance of the property and its 
eligibility for the National Register. The chief elected local officials 
of the county (or equivalent governmental unit) and municipal political 
jurisdiction in which the property is located are notified and given 45 
days in which to comment. The State Historic Preservation Officer signs 
block 12 of the nomination form with his/her recommendation.
    (d) After receiving the comments of the State Historic Preservation 
Officer, and chief elected local official, or if there has been no 
response within 45 days, the Federal Preservation Officer may approve 
the nomination and forward it to the Keeper of the National Register of 
Historic Places, National Park Service, United States Department of the 
Interior, Washington, D.C. 20240. The Federal Preservation Officer signs 
block 12 of the nomination form if in his or her opinion the property 
meets the National Register criteria for evaluation. The Federal 
Preservation Officer's signature in block 12 certifies that:
    (1) All procedural requirements have been met;
    (2) The nomination form is adequately documented;
    (3) The nomination form is technically and professionally correct 
and sufficient;

[[Page 301]]

    (4) In the opinion of the Federal Preservation Officer, the property 
meets the National Register criteria for evaluation.
    (e) When a Federal Preservation Officer submits a nomination form 
for a property that he or she does not believe meets the National 
Register criteria for evaluation, the Federal Preservation Officer signs 
a continuation sheet Form NPS 10-900a explaining his/her opinions on the 
eligibility of the property and certifying that:
    (1) All procedural requirements have been met;
    (2) The nomination form is adequately documented;
    (3) The nomination form is technically and professionally correct 
and sufficient.
    (f) The comments of the State Historic Preservation Officer and 
chief local official are appended to the nomination, or, if there are no 
comments from the State Historic Preservation Officer an explanation is 
attached. Concurrent nominations (see Sec. 60.10) cannot be submitted, 
however, until the nomination has been considered by the State in accord 
with Sec. 60.6, supra. Comments received by the State concerning 
concurrent nominations and notarized statements of objection must be 
submitted with the nomination.
    (g) Notice will be provided in the Federal Register that the 
nominated property is being considered for listing in the National 
Register of Historic Places in accord with Sec. 60.13.
    (h) Nominations will be included in the National Register within 45 
days of receipt by the Keeper or designee unless the Keeper disapproves 
such nomination or an appeal is filed. Nominations which are technically 
or professionally inadequate will be returned for correction and 
resubmission. When a property does not appear to meet the National 
Register criteria for evaluation, the nomination will be returned with 
an explanation as to why the property does not meet the National 
Register criteria for evaluation.
    (i) Any person or organization which supports or opposes the 
nomination of a property by a Federal Preservation Officer may petition 
the Keeper during the nomination process either to accept or reject a 
nomination. The petitioner must state the grounds of the petition and 
request in writing that the Keeper substantively review the nomination. 
Such petition received by the Keeper prior to the listing of a property 
in the National Register or a determination of its eligibility where the 
private owner(s) object to listing will be considered by the Keeper and 
the nomination will be substantively reviewed.



Sec. 60.10  Concurrent State and Federal nominations.

    (a) State Historic Preservation Officers and Federal Preservation 
Officers are encouraged to cooperate in locating, inventorying, 
evaluating, and nominating all properties possessing historical, 
architectural, archeological, or cultural value. Federal agencies may 
nominate properties where a portion of the property is not under Federal 
ownership or control.
    (b) When a portion of the area included in a Federal nomination is 
not located on land under the ownership or control of the Federal 
agency, but is an integral part of the cultural resource, the completed 
nomination form shall be sent to the State Historic Preservation Officer 
for notification to property owners, to give owners of private property 
an opportunity to concur in or object to the nomination, to solicit 
written comments and for submission to the State Review Board pursuant 
to the procedures in Sec. 60.6.
    (c) If the State Historic Preservation Officer and the State Review 
Board agree that the nomination meets the National Register criteria for 
evaluation, the nomination is signed by the State Historic Preservation 
Officer and returned to the Federal agency initiating the nomination. If 
the State Historic Presevation Officer and the State Review Board 
disagree, the nomination shall be returned to the Federal agency with 
the opinions of the State Historic Preservation Officer and the State 
Review Board concerning the adequacy of the nomination and whether or 
not the property meets the criteria for evaluation. The opinion of the 
State Review Board may be the minutes of the State Review Board meeting. 
The State Historic Preservation Officer's signed

[[Page 302]]

opinion and comments shall confirm to the Federal agency that the State 
nomination procedures have been fulfilled including notification 
requirements. Any comments received by the State shall be included with 
the letter as shall any notarized statements objecting to the listing of 
private property.
    (d) If the owner of any privately owned property, (or a majority of 
the owners of such properties within a district or single property with 
multiple owners) objects to such inclusion by notarized statement(s) the 
Federal Historic Preservation Officer shall submit the nomination to the 
Keeper for review and a determination of eligibility. Comments, 
opinions, and notarized statements of objection shall be submitted with 
the nomination.
    (e) The State Historic Preservation Officer shall notify the non-
Federal owners when a concurrent nomination is listed or determined 
eligible for the National Register as required in Sec. 60.6.



Sec. 60.11  Requests for nominations.

    (a) The State Historic Preservation Officer or Federal Preservation 
Officer as appropriate shall respond in writing within 60 days to any 
person or organization submitting a completed National Register 
nomination form or requesting consideration for any previously prepared 
nomination form on record with the State or Federal agency. The response 
shall provide a technical opinion concerning whether or not the property 
is adequately documented and appears to meet the National Register 
criteria for evaluation in Sec. 60.4. If the nomination form is 
determined to be inadequately documented, the nominating authority shall 
provide the applicant with an explanation of the reasons for that 
determination.
    (b) If the nomination form does not appear to be adequately 
documented, upon receiving notification, it shall be the responsibility 
of the applicant to provide necessary additional documentation.
    (c) If the nomination form appears to be adequately documented and 
if the property appears to meet the National Register criteria for 
evaluation, the State Historic Preservation Officer shall comply with 
the notification requirements in Sec. 60.6 and schedule the property for 
presentation at the earliest possible State Review Board meeting. 
Scheduling shall be consistent with the State's established priorities 
for processing nominations. If the nomination form is adequately 
documented, but the property does not appear to meet National Register 
criteria for evaluation, the State Historic Preservation Officer need 
not process the nomination, unless so requested by the Keeper pursuant 
to Sec. 60.12.
    (d) The State Historic Preservation Officer's response shall advise 
the applicant of the property's position in accord with the State's 
priorities for processing nominations and of the approximate date the 
applicant can expect its consideration by the State Review Board. The 
State Historic Preservation Officer shall also provide notice to the 
applicant of the time and place of the Review Board meeting at least 30 
but not more than 75 days before the meeting, as well as complying with 
the notification requirements in Sec. 60.6.
    (e) Upon action on a nomination by the State Review Board, the State 
Historic Preservation Officer shall, within 90 days, submit the 
nomination to the National Park Service, or, if the State Historic 
Preservation Officer does not consider the property eligible for the 
National Register, so advise the applicant within 45 days.
    (f) If the applicant substantially revises a nomination form as a 
result of comments by the State or Federal agency, it may be treated by 
the State Historic Preservation Officer or Federal Preservation Officer 
as a new submittal and reprocessed in accord with the requirements in 
this section.
    (g) The Federal Preservation Officer shall request the comments of 
the State Historic Preservation Officer and notify the applicant in 
writing within 90 days of receipt of an adequately documented nomination 
form as to whether the Federal agency will nominate the property. The 
Federal Preservation Officer shall submit an adquately documented 
nomination to the National Park Service unless in his or her opinion the 
property is not eligible for the National Register.

[48 FR 46308, Oct. 12, 1983]

[[Page 303]]



Sec. 60.12  Nomination appeals.

    (a) Any person or local government may appeal to the Keeper the 
failure or refusal of a nominating authority to nominate a property that 
the person or local government considers to meet the National Register 
criteria for evaluation upon decision of a nominating authority to not 
nominate a property for any reason when requested pursuant to 
Sec. 60.11, or upon failure of a State Historic Preservation Officer to 
nominate a property recommended by the State Review Board. (This action 
differs from the procedure for appeals during the review of a nomination 
by the National Park Service where an individual or organization may 
``petition the Keeper during the nomination process,'' as specified in 
Secs. 60.6(t) and 60.9(i). Upon receipt of such petition the normal 45-
day review period will be extended for 30 days beyond the date of the 
petition to allow the petitioner to provide additional documentation for 
review.)
    (b) Such appeal shall include a copy of the nomination form and 
documentation previously submitted to the State Historic Preservation 
Officer or Federal Preservation Officer, an explanation of why the 
appplicant is submitting the appeal in accord with this section and 
shall include pertinent correspondence from the State Historic 
Preservation Officer or Federal Preservation Officer.
    (c) The Keeper will respond to the appellant and the State Historic 
Preservation Officer or Federal Preservation Officer with a written 
explanation either denying or sustaining the appeal within 45 days of 
receipt. If the appeal is sustained, the Keeper will:
    (1) Request the State Historic Preservation Officer or Federal 
Preservation Officer to submit the nomination to the Keeper within 15 
days if the nomination has completed the procedural requirements for 
nomination as described in Secs. 60.6 or 60.9 except that concurrence of 
the State Review Board, State Historic Preservation Officer or Federal 
Preservation Officer is not required; or
    (2) If the nomination has not completed these procedural 
requirements, request the State Historic Preservation Officer or Federal 
Preservation Officer to promptly process the nomination pursuant to 
Secs. 60.6 or 60.9 and submit the nomination to the Keeper without 
delay.
    (d) State Historic Preservation Officers and Federal Preservation 
Officers shall process and submit such nominations if so requested by 
the Keeper pursuant to this section. The Secretary reserves the right to 
list properties in the National Register or determine properties 
eligible for such listing on his own motion when necessary to assist in 
the preservation of historic resources and after notifying the owner and 
appropriate parties and allowing for a 30-day comment period.
    (e) No person shall be considered to have exhausted administrative 
remedies with respect to failure to nominate a property to the National 
Register until he or she has complied with procedures set forth in this 
section. The decision of the Keeper is the final administrative action 
on such appeals.

[48 FR 46308, Oct. 12, 1983]



Sec. 60.13  Publication in the Federal Register and other NPS notification.

    (a) When a nomination is received, NPS will publish notice in the 
Federal Register that the property is being considered for listing in 
the National Register. A 15-day commenting period from date of 
publication will be provided. When necessary to assist in the 
preservation of historic properties this 15-day period may be shortened 
or waived.
    (b) NPS shall notify the appropriate State Historic Preservation 
Officer, Federal Preservation Officer, person or local government when 
there is no approved State program of the listing of the property in the 
National Register and will publish notice of the listing in the Federal 
Register.
    (c) In nominations where the owner of any privately owned property 
(or a majority of the owners of such properties within a district or 
single property with multiple owners) has objected and the Keeper has 
determined the nomination eligible for the National Register, NPS shall 
notify the State Historic Preservation Officer, the Federal Preservation 
Officer (for Federal or concurrent nominations), the person or local 
government where there is no approved State Historic

[[Page 304]]

Preservation Program and the Advisory Council on Historic Preservation. 
NPS will publish notice of the determination of eligibility in the 
Federal Register.



Sec. 60.14  Changes and revisions to properties listed in the National Register.

    (a) Boundary changes. (1) A boundary alteration shall be considered 
as a new property nomination. All forms, criteria and procedures used in 
nominating a property to the National Register must be used. In the case 
of boundary enlargements only those owners in the newly nominated as yet 
unlisted area need be notified and will be counted in determining 
whether a majority of private owners object to listing. In the case of a 
diminution of a boundary, owners shall be notified as specified in 
Sec. 60.15 concerning removing properties from the National Register. A 
professionally justified recommendation by the State Historic 
Preservation Officer, Federal Preservation Officer, or person or local 
government where there is no approved State Historic Preservation 
Program shall be presented to NPS. During this process, the property is 
not taken off the National Register. If the Keeper or his or her 
designee finds the recommendation in accordance with the National 
Register criteria for evaluation, the change will be accepted. If the 
boundary change is not accepted, the old boundaries will remain. 
Boundary revisions may be appealed as provided for in Secs. 60.12 and 
60.15.
    (2) Four justifications exist for altering a boundary: Professional 
error in the initial nomination, loss of historic integrity, recognition 
of additional significance, additional research documenting that a 
larger or smaller area should be listed. No enlargement of a boundary 
should be recommended unless the additional area possesses previously 
unrecognized significance in American history, architecture, archeology, 
engineering or culture. No diminution of a boundary should be 
recommended unless the properties being removed do not meet the National 
Register criteria for evaluation. Any proposal to alter a boundary has 
to be documented in detail including photographing the historic 
resources falling between the existing boundary and the other proposed 
boundary.
    (b) Relocating properties listed in the National Register. (1) 
Properties listed in the National Register should be moved only when 
there is no feasible alternative for preservation. When a property is 
moved, every effort should be made to reestablish its historic 
orientation, immediate setting, and general environment.
    (2) If it is proposed that a property listed in the National 
Register be moved and the State Historic Preservation Officer, Federal 
agency for a property under Federal ownership or control, or person or 
local government where there is no approved State Historic Preservation 
Program, wishes the property to remain in the National Register during 
and after the move, the State Historic Preservation Officer or Federal 
Preservation Officer having ownership or control or person or local 
government where there is no approved State Historic Preservation 
Program, shall submit documentation to NPS prior to the move. The 
documentation shall discuss:
    (i) The reasons for the move;
    (ii) The effect on the property's historical integrity;
    (iii) The new setting and general environment of the proposed site, 
including evidence that the proposed site does not possess historical or 
archeological significance that would be adversely affected by the 
intrusion of the property; and
    (iv) Photographs showing the proposed location.
    (3) Any such proposal with respect to the new location shall follow 
the required notification procedures, shall be approved by the State 
Review Board if it is a State nomination and shall continue to follow 
normal review procedures. The Keeper shall also follow the required 
notification procedures for nominations. The Keeper shall respond to a 
properly documented request within 45 days of receipt from the State 
Historic Preservation Officer or Federal Preservation Officer, or within 
90 days of receipt from a person or local government where there is no 
approved State Historic Preservation Program, concerning whether or not 
the move is

[[Page 305]]

approved. Once the property is moved, the State Historic Preservation 
Officer, Federal Preservation Officer, or person or local government 
where there is no approved State Historic Preservation Program shall 
submit to the Keeper for review:
    (i) A letter notifying him or her of the date the property was 
moved;
    (ii) Photographs of the property on its new site; and
    (iii) Revised maps, including a U.S.G.S. map,
    (iv) Acreage, and
    (v) Verbal boundary description.

The Keeper shall respond to a properly documented submittal within 45 
days of receipt with the final decision on whether the property will 
remain in the National Register. If the Keeper approves the move, the 
property will remain in the National Register during and after the move 
unless the integrity of the property is in some unforeseen manner 
destroyed. If the Keeper does not approve the move, the property will be 
automatically deleted from the National Register when moved. In cases of 
properties removed from the National Register, if the State, Federal 
agency, or person or local government where there is no approved State 
Historic Preservation Program has neglected to obtain prior approval for 
the move or has evidence that previously unrecognized significance 
exists, or has accrued, the State, Federal agency, person or local 
government may resubmit a nomination for the property.
    (4) In the event that a property is moved, deletion from the 
National Register will be automatic unless the above procedures are 
followed prior to the move. If the property has already been moved, it 
is the responsibility of the State, Federal agency or person or local 
government which nominated the property to notify the National Park 
Service. Assuming that the State, Federal agency or person or local 
government wishes to have the structure reentered in the National 
Register, it must be nominated again on new forms which should discuss:
    (i) The reasons for the move;
    (ii) The effect on the property's historical integrity, and
    (iii) The new setting and general environment, including evidence 
that the new site does not possess historical or archeological 
significance that would be adversely affected by intrusion of the 
property.

In addition, new photographs, acreage, verbal boundary description and a 
U.S.G.S. map showing the structure at its new location must be sent 
along with the revised nomination. Any such nomination submitted by a 
State must be approved by the State Review Board.
    (5) Properties moved in a manner consistent with the comments of the 
Advisory Council on Historic Preservation, in accord with its procedures 
(36 CFR part 800), are granted as exception to Sec. 60.12(b). Moving of 
properties in accord with the Advisory Council's procedures should be 
dealt with individually in each memorandum of agreement. In such cases, 
the State Historic Preservation Officer or the Federal Preservation 
Officer, for properties under Federal ownership or control, shall notify 
the Keeper of the new location after the move including new 
documentation as described above.



Sec. 60.15  Removing properties from the National Register.

    (a) Grounds for removing properties from the National Register are 
as follows:
    (1) The property has ceased to meet the criteria for listing in the 
National Register because the qualities which caused it to be originally 
listed have been lost or destroyed, or such qualities were lost 
subsequent to nomination and prior to listing;
    (2) Additional information shows that the property does not meet the 
National Register criteria for evaluation;
    (3) Error in professional judgement as to whether the property meets 
the criteria for evaluation; or
    (4) Prejudicial procedural error in the nomination or listing 
process. Properties removed from the National Register for procedural 
error shall be reconsidered for listing by the Keeper after correction 
of the error or errors by the State Historic Preservation Officer, 
Federal Preservation Officer, person or local government which 
originally nominated the property, or by

[[Page 306]]

the Keeper, as appropriate. The procedures set forth for nominations 
shall be followed in such reconsiderations. Any property or district 
removed from the National Register for procedural deficiencies in the 
nomination and/or listing process shall automatically be considered 
eligible for inclusion in the National Register without further action 
and will be published as such in the Federal Register.
    (b) Properties listed in the National Register prior to December 13, 
1980, may only be removed from the National Register on the grounds 
established in paragraph (a)(1) of this section.
    (c) Any person or organization may petition in writing for removal 
of a property from the National Register by setting forth the reasons 
the property should be removed on the grounds established in paragraph 
(a) of this section. With respect to nominations determined eligible for 
the National Register because the owners of private property object to 
listing, anyone may petition for reconsideration of whether or not the 
property meets the criteria for evaluation using these procedures. 
Petitions for removal are submitted to the Keeper by the State Historic 
Preservation Officer for State nominations, the Federal Preservation 
Officer for Federal nominations, and directly to the Keeper from persons 
or local governments where there is no approved State Historic 
Preservation Program.
    (d) Petitons submitted by persons or local governments where there 
is no approved State Historic Preservation Program shall include a list 
of the owner(s). In such cases the Keeper shall notify the affected 
owner(s) and the chief elected local official and give them an 
opportunity to comment. For approved State programs, the State Historic 
Preservation Officer shall notify the affected owner(s) and chief 
elected local official and give them an opportunity to comment prior to 
submitting a petition for removal. The Federal Preservation Officer 
shall notify and obtain the comments of the appropriate State Historic 
Preservation Officer prior to forwarding an appeal to NPS. All comments 
and opinions shall be submitted with the petition.
    (e) The State Historic Preservation Officer or Federal Preservation 
Officer shall respond in writing within 45 days of receipt to petitions 
for removal of property from the National Register. The response shall 
advise the petitioner of the State Historic Preservation Officer's or 
Federal Preservation Officer's views on the petition.
    (f) A petitioner desiring to pursue his removal request must notify 
the State Historic Preservation Officer or the Federal Preservation 
Officer in writing within 45 days of receipt of the written views on the 
petition.
    (g) The State Historic Preservation Officer may elect to have a 
property considered for removal according to the State's nomination 
procedures unless the petition is on procedural grounds and shall 
schedule it for consideration by the State Review Board as quickly as 
all notification requirements can be completed following procedures 
outlined in Sec. 60.6, or the State Historic Preservation Officer may 
elect to forward the petition for removal to the Keeper with his or her 
comments without State Review Board consideration.
    (h) Within 15 days after receipt of the petitioner's notification of 
intent to pursue his removal request, the State Historic Preservation 
Officer shall notify the petitioner in writing either that the State 
Review Board will consider the petition on a specified date or that the 
petition will be forwarded to the Keeper after notification requirements 
have been completed. The State Historic Preservation Officer shall 
forward the petitions to the Keeper for review within 15 days after 
notification requirements or Review Board consideration, if applicable, 
have been completed.
    (i) Within 15 days after receipt of the petitioner notification of 
intent to pursue his petition, the Federal Preservation Officer shall 
forward the petition with his or her comments and those of the State 
Historic Preservation Officer to the Keeper.
    (j) The Keeper shall respond to a petition for removal within 45 
days of receipt, except where the Keeper must notify the owners and the 
chief elected local official. In such cases the Keeper shall respond 
within 90 days of receipt.

[[Page 307]]

The Keeper shall notify the petitioner and the applicable State Historic 
Preservation Officer, Federal Preservation Officer, or person or local 
government where there is no approved State Historic Preservation 
Program, of his decision. The State Historic Preservation Officer or 
Federal Preservation Officer transmitting the petition shall notify the 
petitioner, the owner(s), and the chief elected local official in 
writing of the decision. The Keeper will provide such notice for 
petitions from persons or local governments where there is no approved 
State Historic Preservation Program. The general notice may be used for 
properties with more than 50 owners. If the general notice is used it 
shall be published in one or more newspapers with general circulation in 
the area of the nomination.
    (k) The Keeper may remove a property from the National Register on 
his own motion on the grounds established in paragraph (a) of this 
section, except for those properties listed in the National Register 
prior to December 13, 1980, which may only be removed from the National 
Register on the grounds established in paragraph (a)(1) of this section. 
In such cases, the Keeper will notify the nominating authority, the 
affected owner(s) and the applicable chief elected local official and 
provide them an opportunity to comment. Upon removal, the Keeper will 
notify the nominating authority of the basis for the removal. The State 
Historic Preservation Officer, Federal Preservation Officer, or person 
or local government which nominated the property shall notify the 
owner(s) and the chief elected local official of the removal.
    (l) No person shall be considered to have exhausted administrative 
remedies with respect to removal of a property from the National 
Register until the Keeper has denied a petition for removal pursuant to 
this section.



PART 61--PROCEDURES FOR STATE, TRIBAL, AND LOCAL GOVERNMENT HISTORIC
 PRESERVATION PROGRAMS--Table of Contents




Sec.
61.1  Authorization.
61.2  Definitions.
61.3  Implementation of this part.
61.4  State programs.
61.5  Grants to State programs.
61.6  Certified local government programs.
61.7  Subgrants to certified local governments.
61.8  Tribal programs. [Reserved]
61.9  Grants to tribal programs. [Reserved]
61.10  Waiver.
61.11  Information collection.

    Authority: 16 U.S.C. 470 et seq.

    Source: 64 FR 11742, Mar. 9, 1999, unless otherwise noted.



Sec. 61.1  Authorization.

    The National Historic Preservation Act of 1966, as amended (16 
U.S.C. 470 et seq.):
    (a) Requires the Secretary of the Interior (Secretary) to promulgate 
regulations for:
    (1) Approving and overseeing State historic preservation programs;
    (2) Certifying local governments to carry out the purposes of the 
Act;
    (3) Ensuring that applicable State Historic Preservation Officers 
(SHPOs) allocate to certified local governments (CLGs) a share of grants 
that the SHPOs receive under the Act; and
    (4) Assisting Indian tribes in preserving their particular 
``historic properties'' (as defined by the Act);
    (b) Directs the Secretary to administer a program of grants-in-aid 
to States and Indian tribes for historic preservation projects and 
programs that the Secretary has approved; and
    (c) Requires the Secretary to make available information concerning 
professional standards, methods, and techniques for the preservation of 
``historic properties'' (as defined by the Act) and the administration 
of historic preservation programs.



Sec. 61.2  Definitions.

    As used in this part:
    (a) All terms that the National Historic Preservation Act of 1966, 
as amended, defines have the same meaning in the regulations in this 
part that the statute provides; see especially sections 101(a)(1)(A), 
101(b), 101(c)(4), 108, and 301.
    (b) Act means the National Historic Preservation Act of 1966, as 
amended, (16 U.S.C. 470 et seq.).
    (c) Chief elected local official means the elected head of a local 
government.

[[Page 308]]

    (d) The Secretary's Standards means only the ``Standards'' portions 
and not the ``Guidelines'' portions of ``the Secretary of the Interior's 
Standards and Guidelines for Archeology and Historic Preservation.'' The 
Secretary's Standards provide broad national principles of archeological 
and historic preservation practices and methods. ``The Secretary of the 
Interior's Standards and Guidelines for Archeology and Historic 
Preservation'' also contains ``the Secretary's Guidelines'' which 
provide broad national guidance on how to apply ``the Secretary's 
Standards.''
    (e) State historic preservation program or State program means a 
State government organization or program meeting the requirements that 
section 101(b) of the Act specifies.



Sec. 61.3  Implementation of this part.

    (a) National Park Service policy of management by exception. The 
National Park Service (NPS) will administer the regulations in this part 
in such a way (and where feasible) as to:
    (1) Limit the use of direct Federal management review procedures to 
high risk situations, to new programs, or to activities that are 
appropriate for the Federal Government to oversee;
    (2) Presume that State, tribal, and local government historic 
preservation officials manage their programs in an accountable way 
unless situations indicate the contrary; and
    (3) Rely to the maximum extent feasible on State, tribal, and local 
government systems of financial and program management that meet Federal 
standards. At the discretion of the Secretary, each State, tribal, and 
local government may substitute its own fiscal audit and management 
systems for the Secretary's comparable fiscal audit and management 
requirements, so long as the State, tribal, or local government system 
establishes and maintains accounting standards substantially similar to 
Federal standards and provides for independent peer review.
    (b) The Secretary's Standards. NPS will use the Secretary's 
Standards as technical performance standards for matters covered by this 
part. NPS may also use as technical performance standards (for matters 
covered by this part) additional guidance that NPS identifies and 
provides from time to time after appropriate consultation and notice.
    (c) Each State historic preservation program staff member, State 
Historic Preservation Review Board (Review Board) member, and certified 
local government (CLG) historic preservation review commission 
(Commission) member whom the Secretary has approved as meeting ``the 
Secretary's (Historic Preservation) Professional Qualifications 
Standards'' will retain that status, regardless of subsequent revisions 
to those Standards, until such time as that individual no longer works 
in that program, or serves on that Review Board, or serves on that 
Commission with which that individual was affiliated as of the date of 
that individual's approval.
    (d) You may obtain publications and other information mentioned in 
this part by contacting: Heritage Preservation Services, National Center 
for Cultural Resource Stewardship and Partnership Programs, National 
Park Service, 1849 C Street NW (NC Suite 200), Washington, D.C. 20240 or 
via the National Park Service Home Page for cultural programs at http://
www.cr.nps.gov.



Sec. 61.4  State programs.

    (a) For a State to participate in the program that this part 
describes, the Governor must appoint and designate a State Historic 
Preservation Officer (SHPO) to administer the State historic 
preservation program.
    (b) It is the responsibility of the SHPO to carry out the duties and 
activities that section 101 (b)(3) of the Act describes. In performing 
those duties and activities:
    (1) The SHPO must carry out a historic preservation planning process 
that includes the development and implementation of a comprehensive 
statewide historic preservation plan that provides guidance for 
effective decision making about historic property preservation 
throughout the State.
    (2) The SHPO, in addition to surveying and maintaining inventories 
of historic properties, may also obtain:
    (i) Comparative data valuable in determining the National Register 
eligibility of properties;

[[Page 309]]

    (ii) Information on properties that may become eligible for the 
National Register of Historic Places with the passage of time; and/or
    (iii) Information on the absence of historic properties for use in 
planning for public and private development projects.
    (3) The SHPO must provide for adequate public participation in the 
State historic preservation program as a whole.
    (i) As part of the process of recommending a property to the 
National Register, the SHPO must comply with the consultation and 
notification procedures contained in 36 CFR part 60.
    (ii) The SHPO may authorize other persons or entities to fulfill the 
notice requirements in 36 CFR part 60 pursuant to the Secretary's 
written guidance.
    (iii) The SHPO also may authorize the historic preservation review 
commission (Commission) of a certified local government (CLG) to act in 
place of the State Historic Preservation Review Board (Review Board) for 
the purpose of considering National Register nominations within its 
jurisdiction, provided that the Commission both meets the professional 
qualifications required for the Review Board when considering such 
nominations and otherwise follows the Secretary's written guidance.
    (iv) In accordance with the Secretary's written guidance and with 
the consent of both the property owners in a nomination and the chief 
elected local official, the Review Board (or the Commission acting in 
its place) may consider the nomination without a face-to-face meeting.
    (4) The SHPO may carry out all or any part of his or her 
responsibilities by contract or cooperative agreement with any qualified 
nonprofit organization, educational institution, or otherwise pursuant 
to State law. However, the SHPO may not delegate the responsibility for 
compliance with the Act or with grant assistance terms and conditions.
    (c) The Secretary will consider individual SHPO proposals for 
programs that, for a specified period, include fewer duties than those 
section 101(b)(3) of the Act specifies, if a different approach would 
better serve an appropriate balance of historic property, customer or 
constituent, and historic preservation needs.
    (d) Procedures for review and approval of State historic 
preservation programs. (1) In accordance with the Act, the Secretary 
will evaluate each State program for consistency with the Act 
periodically, but not less often than every four years. If the Secretary 
determines that it meets the program requirements of paragraphs (a), 
(b), (e) and (f) of this section, he or she will approve the State 
program as set forth in this section.
    (2) The Secretary may use on-site and/or off-site inquiries to 
perform such evaluation. The Secretary will provide the SHPO with a 
timely report containing written findings and analyses that highlight 
the strengths and weaknesses of the State program.
    (3) Approval method. (i) If the Secretary determines that a State 
program is consistent with the Act, the report will include notice that 
the State program's approved status continues.
    (ii) If the Secretary determines that a State program has major 
aspects not consistent with the Act, the report will include notice of 
deficiencies along with required actions for correcting them. Unless 
circumstances warrant immediate action, the Secretary will provide a 
specified period to allow the SHPO either to correct the deficiencies or 
to present for Secretarial approval a justifiable plan and timetable for 
correcting the deficiencies. During this period, the SHPO has the 
opportunity to request that the Secretary reconsider any findings and 
required actions.
    (iii) The Secretary will provide timely notice of continued approved 
State program status to a SHPO successfully resolving deficiencies. Once 
the Secretary renews a State program's approved status, he or she 
generally will not review the program until the next regular evaluation 
period. However, if the Secretary deems it necessary, he or she may 
conduct a review more often.
    (iv) The Secretary will provide timely notice of the revocation of a 
program's approved status to any SHPO whose program has deficiencies 
that warrant immediate action or that remain uncorrected after the 
expiration

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of the period specified pursuant to paragraph (d)(3)(ii) of this 
section. The Secretary will then initiate financial suspension and other 
actions in accordance with the Act, applicable regulatory requirements, 
and related guidance that the National Park Service issues.
    (e) The SHPO must appoint or employ a professionally qualified 
staff.
    (1) Except as approved pursuant to paragraph (e)(2) of this section, 
the staff must include at a minimum, one individual meeting ``the 
Secretary's (Historic Preservation) Professional Qualifications 
Standards'' for history, one individual meeting ``the Secretary's 
(Historic Preservation) Professional Qualifications Standards'' for 
historic or prehistoric archeology, and one individual meeting ``the 
Secretary's (Historic Preservation) Professional Qualifications 
Standards'' for architectural history. ``The Secretary's (Historic 
Preservation) Professional Qualifications Standards'' and related 
guidance are part of the larger ``Secretary of the Interior's Standards 
and Guidelines for Archeology and Historic Preservation.'' The SHPO may 
determine that additional professional staff members representing the 
required or other disciplines are necessary to administer the State 
program in accordance with the Act.
    (2) The Secretary will consider proposals from a SHPO for a minimum 
required staff composition that differs from the requirement that 
paragraph (e)(1) of this section specifies, if the proposal addresses 
better an appropriate balance of historic property, customer or 
constituent, and historic preservation needs in that State.
    (3) When a staff position that paragraph (e)(1) of this section 
requires becomes vacant, the SHPO must fill the vacancy in a timely 
manner. In the interim, the SHPO must ensure that appropriately 
qualified individuals address technical matters. A vacancy in a required 
position that persists for more than six months is cause for review, 
comment, and appropriate action by the Secretary.
    (f) Unless State law provides for a different method of appointment, 
the SHPO must appoint an adequate and qualified State historic 
preservation Review Board (Review Board).
    (1) All Review Board members must have demonstrated competence, 
interest, or knowledge in historic preservation. A majority of Review 
Board members must meet ``the Secretary of the Interior's (Historic 
Preservation) Professional Qualifications Standards'' which are part of 
the larger ``Secretary's Standards and Guidelines for Archeology and 
Historic Preservation.'' The members meeting ``the Secretary's (Historic 
Preservation) Professional Qualifications Standards'' must include at a 
minimum, one individual meeting ``the Secretary's (Historic 
Preservation) Professional Qualifications Standards'' for history, one 
individual meeting ``the Secretary's (Historic Preservation) 
Professional Qualifications Standards'' for prehistoric archeology or 
historic archeology, and one individual meeting ``the Secretary's 
(Historic Preservation) Professional Qualifications Standards'' for 
architectural history. One person may meet the Standards for more than 
one required discipline. The other Review Board members, if any, who 
comprise the majority that meets ``the Secretary's (Historic 
Preservation) Professional Qualifications Standards'' may represent, 
subject to the SHPO's selection, any of the disciplines that those 
``Standards'' describe.
    (2) The Secretary will consider proposals from a SHPO for a minimum 
required Review Board composition that differs from the requirement that 
paragraph (f)(1) of this section specifies, if the proposal addresses 
better an appropriate balance of historic property, customer or 
constituent, and historic preservation needs in that State.
    (3) When a required Review Board position becomes vacant, the SHPO 
must fill the vacancy in a timely manner. In the interim, the SHPO must 
ensure that the Review Board has access to advice from appropriately 
qualified individuals. A lapse of more than one year in filling the 
vacancy is cause for review, comment, and appropriate action by the 
Secretary.
    (4) The Review Board must meet as often as is necessary to complete 
its work in a timely fashion but no less often than once a year.

[[Page 311]]

    (5) The Review Board must adopt written procedures governing its 
operations consistent with the provisions of this section and related 
guidance that the National Park Service issues.
    (6) Review Board responsibilities include, but are not limited to, 
the following:
    (i) Providing advice to the SHPO on the full range of Historic 
Preservation Fund-supported activities, that section 101 (b)(3) of the 
Act describes;
    (ii) Reviewing and making recommendations on National Register 
nomination proposals;
    (iii) Participating in the review of appeals to National Register 
nominations; and
    (iv) Performing such other duties as may be appropriate.



Sec. 61.5  Grants to State programs.

    (a) Each State with an approved State program is eligible for 
grants-in-aid from the Historic Preservation Fund (HPF).
    (b) The National Park Service (NPS) will administer HPF matching 
grants-in-aid in accordance with the Act, OMB Circular A-133 and 43 CFR 
part 12, and related guidance that NPS issues. Failure by a State 
program to meet these requirements is cause for comment and appropriate 
action by the Secretary.



Sec. 61.6  Certified local government programs.

    (a) Each approved State program must provide a mechanism for 
certification (by the State Historic Preservation Officer and the 
Secretary) of local governments to carry out the purposes of the Act.
    (b) Each State Historic Preservation Officer (SHPO) must follow 
procedures that the Secretary approves for the certification of local 
governments. Each SHPO also must follow procedures for removal of 
certified local government (CLG) status for cause. A SHPO must submit 
any proposed amendment to its procedures to the Secretary for approval. 
The Secretary will act on each proposal in a timely fashion generally 
within 45 days of receipt.
    (c) When a SHPO approves a local government certification request in 
accordance with the State program's National Park Service (NPS)-approved 
certification process, the SHPO must prepare a written certification 
agreement between the SHPO and the local government. The certification 
agreement must list the specific responsibilities of the local 
government when certified. The SHPO must submit to the Secretary the 
written certification agreement and any additional information as is 
necessary for the Secretary to certify the local government pursuant to 
the Act and this part. If the Secretary does not disapprove the proposed 
certification within 15 working days of receipt, the Secretary has 
certified the local government.
    (d) Beyond the minimum responsibilities set out in the Act for all 
CLGs, the SHPO may make additional delegations of responsibility to 
individual CLGs. However, these delegations may not include the SHPO's 
overall responsibility derived from the Act or where law or regulation 
specifies.
    (e) The SHPO must ensure that each local government satisfies the 
following minimum requirements as conditions for certification. Each CLG 
must:
    (1) Enforce appropriate State or local legislation for the 
designation and protection of historic properties. The State procedures 
must define what constitutes appropriate legislation, as long as:
    (i) Designation provisions in such legislation include the 
identification and registration of properties for protection that meet 
criteria established by the State or the locality for significant 
historic and prehistoric resources within the jurisdiction of the local 
government;
    (ii) Protection provisions in such legislation include a local 
review process under State or local law for proposed demolitions of, 
changes to, or other action that may affect historic properties as 
paragraph (e)(1)(i) of this section describes; and
    (iii) The legislation otherwise is consistent with the Act.
    (2) Establish by State or local law and maintain an adequate and 
qualified historic preservation review commission (Commission). All 
Commission members must have a demonstrated interest, competence, or 
knowledge in

[[Page 312]]

historic preservation. Unless State or local legislation provides for a 
different method of appointment, the chief elected local official must 
appoint all Commission members.
    (i) The State procedures must encourage certified local governments 
to include individuals who meet ``the Secretary's (Historic 
Preservation) Professional Qualifications Standards'' among the 
membership of the Commission, to the extent that such individuals are 
available in the community.
    (ii) The State procedures may specify the minimum number of 
Commission members who must meet ``the Secretary's (Historic 
Preservation) Professional Qualifications Standards.'' The State 
procedures may also specify which, if any, disciplines the Commission's 
membership must include from among those disciplines that the Standards 
describe. Membership requirements set by the State procedures for 
Commissions must be cognizant of the needs and functions of Commissions 
in the State and subject to the availability of such professionals in 
the community concerned.
    (iii) Provided that the Commission is otherwise adequate and 
qualified to carry out the responsibilities delegated to it, the SHPO 
may certify a local government without the minimum number or types of 
disciplines established in State procedures, if the local government can 
demonstrate that it has made a reasonable effort to fill those 
positions, or that an alternative composition of the Commission best 
meets the needs of the Commission and of the local government.
    (iv) The SHPO must make available to each Commission orientation 
materials and training designed to provide a working knowledge of the 
roles and operations of Federal, State, and local historic preservation 
programs, and historic preservation in general.
    (3) Maintain a system for the survey and inventory of historic 
properties. The SHPO must ensure that such systems and the data that 
they produce are capable of integration into and are compatible with 
statewide inventories and (when and as appropriate) with State and local 
planning processes.
    (4) Provide for adequate public participation in the local historic 
preservation program as a whole. The SHPO must provide each CLG with 
appropriate guidance on mechanisms to ensure adequate public 
participation in the local historic preservation program including the 
process for evaluating properties for nomination to the National 
Register of Historic Places.
    (5) Satisfactorily perform the responsibilities delegated to it 
under the Act. The SHPO must monitor and evaluate the performance of 
each CLG according to written standards and procedures that the SHPO 
establishes. If a SHPO's evaluation of a CLG's performance indicates 
that such performance is inadequate, the SHPO must suggest in writing 
ways to improve performance. If, after a period of time that the SHPO 
stipulates, the SHPO determines that the CLG has not improved its 
performance sufficiently, the SHPO may recommend that the Secretary 
decertify the local government. If the Secretary does not object within 
30 working days of receipt, the Secretary has approved the 
decertification.
    (f) Effects of certification include:
    (1) Inclusion in the process of nominating properties to the 
National Register of Historic Places in accordance with sections 101 
(c)(2)(A) and (c)(2)(B) of the Act. The SHPO may delegate to a CLG any 
of the responsibilities of the SHPO and the Review Board in processing 
National Register nominations as specified in 36 CFR part 60 (see also 
Sec. 61.4(b)(3)), except for the authority to nominate properties 
directly to the National Register. A CLG may make nominations directly 
to NPS only when the State does not have an approved program pursuant to 
Sec. 61.4.
    (2) Eligibility to apply for a portion of the State's annual 
Historic Preservation Fund (HPF) grant award. Each State must transfer 
at least 10 percent of its annual HPF grant award to CLGs for historic 
preservation projects and programs in accordance with the Act and as 
Sec. 61.7 specifies.
    (g) The District of Columbia is exempt from the requirements of this 
section because there are no subordinated local governments in the 
District. If any other jurisdiction that section 301(2) of the Act 
defines as a State believes that its political subdivisions lack 
authorities similar to those of

[[Page 313]]

local governments in other States, and hence cannot satisfy the 
requirements for local government certification, it may apply to the 
Secretary for exemption from the requirements of this section.
    (h) Procedures for direct certification by the Secretary where there 
is no approved State program pursuant to Sec. 61.4. To the extent 
feasible, the Secretary will ensure that there is consistency and 
continuity in the CLG program of a State that does not have an approved 
State program.
    (1) Where there is no approved State program, a local government 
wishing to become certified must apply directly to the Secretary.
    (2) The application must demonstrate that the local government meets 
the specifications for certification set forth in paragraph (e) of this 
section.
    (3) The Secretary will review certification applications under this 
paragraph (h) and take action in a timely fashion generally within 90 
days of receipt.



Sec. 61.7  Subgrants to certified local governments.

    (a) Each SHPO must transfer at least 10 percent of its annual 
Historic Preservation Fund (HPF) grant award to CLGs as subgrants for 
historic preservation projects and programs in accordance with the Act. 
In any year that the annual HPF State grant appropriation exceeds 
$65,000,000, SHPOs must transfer one half of the amount over $65,000,000 
to CLGs according to procedures that the Secretary will establish.
    (b) Each CLG is eligible to receive funds from the 10 percent (or 
greater) CLG share of the State's total annual HPF grant award. However, 
the SHPO need not award funds to all CLGs.
    (c) Each SHPO must maintain and follow a procedure that the 
Secretary approves for the use and distribution of funds from the 
State's annual HPF grant award to CLGs to ensure that no CLG receives a 
disproportionate share of the allocation. The procedure will provide a 
clear basis for the funding decisions. The SHPO must submit any proposed 
amendment to its procedure to the Secretary for approval. The Secretary 
will respond to such a proposal in a timely fashion generally within 45 
days of receipt.
    (d) Each SHPO must notify annually each CLG of its opportunity to 
apply for HPF funding as well as what is entailed in the application and 
project selection process.
    (e) Each CLG receiving an HPF grant award from the CLG share is a 
subgrantee of the State. The SHPO must ensure that each CLG adheres to 
all applicable grant conditions and government-wide and program specific 
requirements that the National Park Service issues. The SHPO may require 
specific uses of funds subgranted to CLGs. CLGs may not apply subgranted 
HPF monies as matching share for any other Federal grant.
    (f) Where there is no approved State program pursuant to Sec. 61.4, 
the Secretary will determine the method for allocating funds to CLGs in 
that State in accordance with the procedures set forth for the State in 
this section. To the extent feasible, the Secretary will ensure 
consistency and continuity in the funding allocation policy of the CLG 
program for a State that does not have an approved historic preservation 
program.



Sec. 61.8  Tribal programs. [Reserved]



Sec. 61.9  Grants to tribal programs. [Reserved]



Sec. 61.10  Waiver.

    The Secretary may waive any of the requirements of the rules in this 
part that are not mandated by statute or by other applicable regulations 
if the Secretary finds, in writing, that the historic preservation 
program would benefit from such waiver and the waiver would not 
compromise the purposes, conditions, and requirements of the National 
Historic Preservation Act of 1966, as amended.



Sec. 61.11  Information collection.

    (a) The Office of Management and Budget (OMB) under 44 U.S.C. 3507 
et seq., has approved the collection of information contained in this 
part. OMB has assigned clearance number 1024-0038 to this collection of 
information. The National Park Service (NPS) collects this information 
as part of the process for reviewing the procedures

[[Page 314]]

and programs of State and local governments participating in the 
national historic preservation program and the Historic Preservation 
Fund grant program. NPS will use the information to evaluate those 
programs and procedures for consistency with the National Historic 
Preservation Act of 1966, as amended, and compliance with government-
wide grant requirements. The obligation to respond is required to obtain 
a benefit under these programs. Note that a Federal agency may not 
conduct or sponsor, and a person is not required to respond to, a 
collection of information unless it displays a currently valid OMB 
control number. NPS provides no assurance of confidentiality to 
respondents with the exception of locational information concerning some 
properties that government historic preservation property inventories 
include. Pursuant to section 304 of the National Historic Preservation 
Act of 1966, as amended, NPS tightly controls release of information 
when such release could have the potential of damaging those qualities 
which make a property historic.
    (b) We estimate the public reporting burden for the collection of 
this information to average 14.06 hours per response, including the time 
for reviewing instructions, searching existing data sources, gathering 
and maintaining the data needed, and completing and reviewing the 
collection of information. Send comments regarding this burden estimate 
or any other aspect of this collection of information, including 
suggestions for reducing the burden, to Ms. Diane M. Cooke, Information 
Collection Officer, National Park Service, 1849 C Street NW, Washington, 
D.C. 20240 and to the Office of Management and Budget, Office of 
Information and Regulatory Affairs, Attention: Desk Officer for the 
Department of the Interior (1024-0038), Washington, D.C. 20503.



PART 62--NATIONAL NATURAL LANDMARKS PROGRAM--Table of Contents




Sec.
62.1  Purpose.
62.2  Definitions.
62.3  Effects of designation.
62.4  Natural landmark designation and recognition process.
62.5  Natural landmark criteria.
62.6  Natural landmark monitoring.
62.7  Natural landmark modifications.
62.8  Natural landmark designation removal.
62.9  General provisions.

    Authority: 16 U.S.C. 1a-5, 461 et seq., 463, 1908.

    Source: 64 FR 25717, May 12, 1999, unless otherwise noted.



Sec. 62.1  Purpose

    The procedures in this part set forth the processes and criteria for 
the identification, evaluation, designation and monitoring of national 
natural landmarks.
    (a) The National Natural Landmarks Program focuses attention on 
areas of exceptional natural value to the nation as a whole rather than 
to one particular State or locality. The program recognizes areas 
preserved by Federal, State and local agencies as well as private 
organizations and individuals and encourages the owners of national 
natural landmarks to voluntarily observe preservation precepts.
    (b) The National Natural Landmarks Program identifies and preserves 
natural areas that best illustrate the biological and geological 
character of the United States, enhances the scientific and educational 
values of preserved areas, strengthens public appreciation of natural 
history, and fosters a greater concern for the conservation of the 
nation's natural heritage.



Sec. 62.2  Definitions.

    The following definitions apply to this part:
    National Natural Landmark is an area designated by the Secretary of 
the Interior as being of national significance to the United States 
because it is an outstanding example(s) of major biological and 
geological features found within the boundaries of the United States or 
its Territories or on the Outer Continental Shelf.
    National Registry of Natural Landmarks is the official listing of 
all designated national natural landmarks.
    National significance describes an area that is one of the best 
examples of a biological community or geological feature within a 
natural region of the

[[Page 315]]

United States, including terrestrial communities, landforms, geological 
features and processes, habitats of native plant and animal species, or 
fossil evidence of the development of life.
    Natural region is a distinct physiographic province having similar 
geologic history, structures, and landforms. The basic physiographic 
characteristics of a natural region influence its vegetation, climate, 
soils, and animal life. Examples include the Atlantic Coastal Plain, 
Great Basin, and Brooks Range natural regions.
    Owner means the individual(s), corporation(s), or partnership(s) 
holding fee simple title to property, or the head of the public agency 
or subordinate employee of the public agency to whom such authority was 
delegated and who is responsible for administering publicly owned land. 
Owner does not include individuals, partnerships, corporations, or 
public agencies holding easements or less than fee interests (including 
leaseholds) of any form. A Native American tribe that is the beneficial 
fee simple owner of lands, with the United States as trustee, will be 
considered as owner of private property for the purposes of this part. 
Similarly, individual member(s) of a Native American tribe who are 
beneficial owner(s) of property, allottee(s) held in trust by the United 
States, will be considered as owner(s) of private property for the 
purposes of this part.
    Potential national natural landmark means an area that, based on 
recommendation or initial comparison with other areas in the same 
natural region, seems to merit further study of its merits for possible 
national natural landmark designation.
    Prejuducial procedural error is one that reasonably may be 
considered to have affected the outcome of the designation process.
    Representative refers to any public or private individual, agency, 
or organization that is performing actions related to the 
identification, evaluation, designation or monitoring of national 
natural landmarks on behalf of or in cooperation with the National Park 
Service (NPS), either under a contractual agreement or as a volunteer.
    Scientist refers to an individual whose combination of academic 
training and professional field experience in the natural region 
qualifies him/her to identify and comparatively evaluate natural areas 
at the regional or national level.



Sec. 62.3  Effects of designation.

    (a) Designation of an area by the Secretary as a national natural 
landmark is not a land withdrawal, does not change the ownership of an 
area, and does not dictate activity. However, Federal agencies consider 
the unique properties of designated national natural landmarks and of 
areas that meet the criteria for national significance in their planning 
and impact analysis (see Sec. 62.6(f)), and there may be State or local 
planning or land use implications. Designation as a national natural 
landmark does not require or mandate under Federal law any further State 
or local planning, zoning or other land-use action or decision. Owners 
who agree to have their lands designated as a national natural landmark 
do not give up under Federal law any legal rights and privileges of 
ownership or use of the area. The Department does not gain any property 
interests in these lands.
    (b) Benefits of national natural landmark designation include the 
positive recognition and appreciation of nationally significant 
resources and the ability of public agencies and private individuals and 
organizations to make more informed development and planning decisions 
early in regional planning processes. In addition, some private owners 
of commercially operated national natural landmarks that are open to 
public visitation may choose to recognize and emphasize the national 
significance of the areas by providing descriptive information to the 
public. Under section 170(h) of the United States Internal Revenue Code, 
some owners of national natural landmarks may be eligible to claim a 
charitable contribution deduction on their Federal income tax for 
qualified interests in their natural landmark property donated for a 
qualified conservation purpose to a qualified conservation organization.
    (c) The Secretary will provide an annual report to the Congress on 
damaged or threatened designated national

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natural landmarks (see Sec. 62.6(b)). The Secretary will also report to 
the Advisory Council on Historic Preservation any designated national 
natural landmarks that may be irreparably lost or destroyed by surface 
mining activity (see Sec. 62.6(e)).



Sec. 62.4  Natural landmark designation and recognition process.

    (a) Identification. Potential national natural landmarks are 
identified in the following manner.
    (1) Natural region studies. The NPS conducts inventories of the 
characteristic biological and geological features in each natural region 
to provide a scientific basis for identifying potential national natural 
landmarks. The NPS is responsible for the completion of these studies, 
which are generally done by qualified scientists under contract. A study 
provides a classification and description of biological and geological 
features in that natural region and an annotated list of areas that 
illustrate those features. During a study, the NPS or any representative 
of the NPS may enter onto land only after receiving written permission 
from the owner(s) of that land, except when the land is publicly owned 
land and otherwise open to the public.
    (2) Other entities. (i) Any public or private entity may suggest an 
area for study and possible national natural landmark designation. The 
entities include:
    (A) Federal agency programs that conduct inventories in order to 
identify areas of special interest, for example, essential wildlife 
habitat, research natural areas, and areas of critical environmental 
concern; and
    (B) State natural area programs that systematically and 
comprehensively classify, identify, locate and assess the protective 
status of the biological and geological features located in a State.
    (ii) If an individual, agency or organization that suggests an area 
for national natural landmark consideration is not the owner of the 
area, written permission of the owner(s) is required to enter onto the 
PNNL to gather information, except when the land is publicly owned and 
otherwise open to the public.
    (3) After receiving the suggestions from a natural region study and 
suggestions from other sources, the NPS determines which PNNL merit 
further study for possible national natural landmark designation. This 
determination is based on comparison with existing national natural 
landmarks in the natural region, the national natural landmark criteria 
(see Sec. 62.5) and other information.
    (b) First Notification. (1) Before a potential national natural 
landmark is evaluated by scientists as described in paragraph (c) of 
this section, the NPS notifies the owner(s) in writing, except as 
specified in paragraph (b)(2) of this section.
    (i) This notice advises the owner(s) that the PNNL is being 
considered for study for possible national natural landmark designation 
and provides information on the National Natural Landmarks Program, 
including an explanation of the effects of national natural landmark 
designation as described in Sec. 62.3.
    (ii) The notice also provides the owner with available information 
on the area and its tentatively identified significance, solicits the 
owner's comments on the area, including any information on current or 
anticipated land use or activities that may affect the area's natural 
values, integrity, or other matters of concern, and informs the owner of 
the source of the suggestion for consideration.
    (iii) The notice also requests owner permission to enter the 
property, unless the area is otherwise open to the public, so the NPS or 
its representative can conduct an on-site evaluation of the PNNL as 
described under paragraph (c) of this section, and advises the owner of 
the procedures the NPS will follow in considering the PNNL for possible 
designation.
    (2) Before a potential national natural landmark having 50 or more 
owners is evaluated by scientists as described in paragraph (c) of this 
section, the NPS provides general notice to property owners. This 
general notice is published in one or more local newspapers of general 
circulation in the area in which the potential national natural landmark 
is located. The notice provides the same information

[[Page 317]]

listed under paragraph (b)(1) of this section.
    (3) During an on-site evaluation as described in paragraph (c) of 
this section, the NPS or any representative of the NPS will not enter 
onto land without permission from the owner(s), except when the land is 
publicly owned and otherwise open to the public. The NPS may complete 
evaluations of PNNL by using other information, including information 
that was previously gathered by other Federal or State agencies or 
gained from other scientific studies. The NPS notifies owners if areas 
are evaluated from existing information not requiring land entry.
    (4) The described procedures for providing written notification to 
owners and receiving responses from owners about the first notification 
are the responsibility of the NPS and cannot be delegated to any 
representative of the NPS.
    (c) Evaluation. (1) The NPS uses the national natural landmark 
criteria in Sec. 62.5 to evaluate the potential natural landmark. 
Potential national natural landmarks are evaluated on a natural region 
basis; i.e., similar areas that represent a particular type of feature 
located in the same natural region are compared to identify examples 
that are most illustrative and have the most intact, undisturbed 
integrity.
    (2) Evaluations are done by qualified scientists who are familiar 
with the natural region and its types of biological and geological 
features. Evaluators make a detailed description of the area, including 
a proposed boundary map, and assess its regional standing using the 
national natural landmark criteria (see Sec. 62.5) and any additional 
information provided by the NPS. Evaluation reports must have been 
completed or updated within the previous 2 years in order to be 
considered by the NPS.
    (3) Completed evaluation reports are reviewed by no fewer than three 
peer reviewers, who are scientists familiar with the biological or 
geological features of the area or natural region. These reviewers 
provide the NPS with information on the scientific merit and strength of 
supportive documentation in the evaluation report. On the basis of 
evaluation report(s) and the findings of the peer reviewers, the NPS 
makes a determination that:
    (i) The PNNL does or does not appear to qualify for national natural 
landmark designation; or
    (ii) Additional information is required before a decision can be 
made about the status of the PNNL.
    (4) When a PNNL does not seem to qualify for national natural 
landmark designation, the NPS notifies the owner(s) as prescribed in 
paragraphs (b)(1) and (2) of this section.
    (d) Second Notification. (1) When the Director determines that an 
area meets the criteria for national significance, the NPS notifies the 
owner(s) in writing, except as specified in paragraph (d)(2) of this 
section.
    (i) The notice references the rules in this part, advises the owners 
of the procedures the NPS follows and of the effects of national natural 
landmark designation as described in Sec. 62.3, provides the owner(s) 
with a copy of the evaluation report, and provides the owner(s) with the 
opportunity to comment. The list of owners must be obtained from 
official land or tax records, whichever is most appropriate, within 90 
days before issuing the second notification.
    (ii) If in any State the land or tax records are not helpful, the 
NPS can seek alternative sources to identify the owners.
    (iii) The NPS is responsible for notifying only owners whose names 
appear on the list.
    (2) If an area has more than 50 owners, the NPS provides a general 
notice to the property owners. NPS will publish a general notice in one 
or more local newspapers of general circulation in the region in which 
the area is located. A copy of the evaluation report is made available 
on request. In addition, the NPS may conduct a public information 
meeting, if widespread local public interest warrants it or if requested 
by the executive of the local governmental jurisdiction in which the 
area is located.
    (3) In addition, NPS notifies appropriate authorities, organizations 
and individuals. The notices reference these rules and advise the 
recipient of the proposed action, of the procedures

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the NPS follows, and of the effects of national natural landmark 
designation as described in Sec. 62.3. Notice of the proposed action is 
published also in the Federal Register. NPS will notify:
    (i) The executive of the local governmental jurisdiction in which 
the area (PNNL) is located;
    (ii) The governor of the State;
    (iii) Other appropriate State officials;
    (iv) Senators and members of Congress who represent the district in 
which the area is located;
    (v) Native American tribal governments and native villages and 
corporations in the region; and
    (vi) Other interested authorities, organizations and individuals as 
deemed appropriate.
    (4) All notified entities, including non-owners, have 60 days to 
provide comments before NPS decides whether the area meets the criteria 
for national significance. To assist in the evaluation of a area, 
comments should, among other factors, discuss the area's features and 
integrity. Information is also welcome on current or anticipated land 
use or threats that could effect the area. Any party may request a 
reasonable extension of the comment period when additional time is 
required to study and comment on a landmark proposal. The Director may 
grant these requests if he or she determines they are in the public 
interest. All comments received are considered in the national natural 
landmark designation process.
    (5) Upon individual or general notification, any owner of private 
property within a PNNL who wishes to object to national natural landmark 
designation must submit a notarized statement to the Director to certify 
that he or she is the sole or partial owner of record and he or she 
objects to the designation. These statements will be submitted during 
the 60-day comment period. Upon receipt of objections to the designation 
of a PNNL consisting of multiple parcels of land, the NPS must determine 
how much of it consists of owners who object to designation. If an owner 
whose name is not on the ownership list developed by the NPS certifies 
in a notarized statement that he or she is the sole or partial owner of 
the area, NPS will take into account his or her views about designation. 
In circumstances where a single parcel of land within a PNNL has more 
than one fee simple owner, an objection to designation of that property 
must be submitted by a majority of the owners.
    (6) All described procedures for the notification of owners and 
receiving responses from owners in the second notification process are 
the responsibility of the NPS and cannot be delegated to any 
representative of the NPS.
    (e) Significance determination. (1) NPS will review all 
documentation including, but not limited to, evaluation reports, peer 
reviews, and received comments. If NPS determines that a PNNL does not 
meet the criteria for national significance (see Sec. 62.5), the NPS 
will notify the owner(s) in writing that their land is no longer under 
consideration for national natural landmark designation. If PNNL are 
owned by 50 or more parties, the NPS will publish a general notice as 
described in paragraph (d)(2) of this section. In addition, the NPS will 
notify in writing officials, individuals and organizations notified 
under paragraph (d)(3) of this section.
    (2) When the NPS determines that a PNNL meets the criteria for 
national significance, the NPS determines whether any private property 
owners submitted valid written objection to designation.
    (f) Areas meeting criteria. When the Director of NPS determines by 
all available information that a PNNL meets the criteria for national 
significance, but some private property owners submitted written 
objections to the proposed national natural landmark designation, the 
NPS maintains all this information about the area and which shall be 
available as part of the environmental analysis for any major federal 
action for purposes of NEPA which impacts the NNL or these other lands. 
Notice of this action is provided by the NPS to the owners as specified 
in paragraphs (d)(1) and (2) of this section and to officials, 
individuals and organizations notified under paragraph (d)(3) of this 
section. If some but not all of the property owners within a PNNL object 
to designation, the NPS will exclude the objecting properties and 
proceed with the process only if enough area remains of non-objecting 
properties to

[[Page 319]]

allow sufficient representation of the significant natural features.
    (g) National Park System Advisory Board. (1) The Director of the NPS 
reviews the documentation of each area that meets the criteria for 
national significance. When the Director determines that the 
requirements of this part were met and that enough non-objecting valid 
private property owners exist to encompass an adequate portion of the 
nationally significant features, the Director submits the information on 
the area (PNNL) to the National Park System Advisory Board. The board 
reviews the information and recommends whether or not the land with 
consenting owners qualifies for national natural landmark designation.
    (2) Notice of Advisory Board meetings to review national natural 
landmark nominations and meeting agendas are provided at least 60 days 
in advance of the meeting by publication in the Federal Register. The 
NPS also mails copies of the notice directly to consenting owners of 
areas that are to be considered at each meeting. Interested parties are 
encouraged to submit written comments and recommendations that will be 
presented to the board. Interested parties may also attend the board 
meeting and upon request may address the board concerning an area's 
national significance.
    (h) Submission to the Secretary. The Director submits the 
recommendation of the Advisory Board and materials that the Director 
developed to the Secretary for consideration of the nominated area for 
national natural landmark designation.
    (i) Designation. The Secretary reviews the materials that the 
Director submitted and any other documentation and makes a decision on 
national natural landmark designation. Areas that the Secretary 
designates as national natural landmarks are added to the National 
Registry of Natural Landmarks.
    (j) Third notification. When the Secretary designates an area as a 
national natural landmark, the Secretary notifies in writing the 
landmark owner(s) of areas with fewer than 50 owners. A general notice 
of designated areas with 50 or more owners is published in one or more 
local newspapers of general circulation in the area. The Secretary also 
notifies the executive of the local governmental jurisdiction in which 
the landmark is located, Native American tribal governments and native 
villages and corporations in the area, the governor of the State, the 
congressional members who represent the district and State in which the 
landmark is located, and other interested authorities, organizations and 
individuals as deemed appropriate. The NPS prepares the notifications 
and is responsible for their distribution. Notices of new designations 
are also published in the Federal Register.
    (k) Presentation of plaque and certificate. (1) After the Secretary 
designates an area as a national natural landmark, the NPS may provide 
each owner who so requests with a certificate signed by the Secretary of 
the Interior and the Director of the NPS at no cost to the owner(s). 
This certificate recognizes the owner's interest in protecting and 
managing the area in a manner that prevents the loss or deterioration of 
the natural values on which landmark designation is based.
    (2) If appropriate, NPS may also provide without charge a bronze 
plaque for display in or near the national natural landmark. Upon 
request, and to the extent NPS resources permit, the NPS may help 
arrange and participate in a presentation ceremony. In accepting a 
plaque or certificate, owners give up none of the rights and privileges 
of ownership or use of the landmark and the Department of the Interior 
does not acquire any interest in the designated property. After a 
presentation, the plaque remains the property of NPS. If the landmark 
designation is removed in accordance with the procedures in Sec. 62.8, 
NPS may reclaim the plaque.



Sec. 62.5  Natural landmark criteria.

    (a) Introduction. (1) National significance describes an area that 
is one of the best examples of a biological or geological feature known 
to be characteristic of a given natural region. Such features include 
terrestrial and aquatic ecosystems; geologic structures, exposures and 
landforms that record active geologic processes or portions of earth 
history; and fossil evidence of biological evolution. Because

[[Page 320]]

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

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

    (2) Secondary criteria. Secondary criteria are provided for 
additional consideration, if two or more similar area cannot be ranked 
using the primary criteria. Secondary criteria are described in the 
following table:

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



Sec. 62.6  Natural landmark monitoring.

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

[[Page 321]]

report to the Congress on all designated national natural landmarks with 
known or anticipated damage or threats to one or more of the resources 
that made them nationally significant. This report is mandated by 
Section 8 of the National Park System General Authorities Act of 1970, 
as amended, (16 U.S.C. 1a-5).
    (2) A landmark is included in this report if it has lost or is in 
imminent danger of losing all or part of its natural character to such a 
degree that one or more of the values that made it nationally 
significant are or will be irreversibly damaged or destroyed. In 
assessing the status of a landmark, NPS considers the condition of the 
landmark at the time of designation, including any changes that have 
occurred and any threats that could impact it in the future.
    (3) Section 8 also requires the Secretary to make recommendations to 
the Congress on qualified areas for consideration as additions to the 
National Park System. No legal mandate requires that the Congress take 
further action about national natural landmarks listed as damaged or 
threatened or about areas that are recommended for possible future 
additions to the National Park System.
    (4) NPS Regional Offices are responsible for monitoring the 
condition of, and for completing status reports on, all designated 
national natural landmarks in their regions. In some cases, the NPS may 
arrange with outside individuals, agencies or organizations to monitor 
the status of selected national natural landmarks. NPS or its 
representative usually monitors national natural landmark condition and 
status during a visit.
    (c) Monitoring. (1) The NPS or its representative notifies the 
owner(s) of a national natural landmark of his or her pending visit to 
the area to determine its status and condition, and informs the owner(s) 
of the purposes of monitoring and its relation to the Secretary's annual 
report on threatened or damaged landmarks.
    (2) While monitoring conditions of designated national natural 
landmarks, neither NPS nor its representative will enter onto private 
property or onto public lands that are not otherwise open to the public 
without first obtaining permission from the owner(s) or 
administrator(s). The NPS may monitor landmark condition without 
entering onto lands where required permission has not been granted by 
using other existing information, including telephone conversations with 
the owner(s) or manager(s) of the area, written materials provided by 
the owner or manager, or information previously developed by other 
Federal or State agencies or other scientific studies. The NPS provides 
owners with copies of monitoring reports on their property, which will 
include the name and affiliation of the individual(s) who completed the 
report.
    (d) Section 8 report preparation. (1) After completion of landmark 
monitoring, the NPS Regional Offices forward their findings and 
recommendations to the NPS Washington Office. The NPS Washington Office 
reviews the Regional Office findings and recommendations and prepares a 
draft report listing only the national natural landmarks with 
significant known or anticipated damage or threats to the integrity of 
one or more of the resources that made the area nationally significant.
    (2) Pertinent portions of this draft report, including any executive 
summary, are provided to the owner(s) or administrator(s) of national 
natural landmarks listed as is feasible, as well as to other interested 
authorities, organizations and individuals. All individuals have 30 days 
to provide written comments to the NPS on the draft report. Comments may 
include additional information on the condition of landmarks or on the 
nature or imminence of reported damage or threats to these landmarks. 
Owners are also asked to indicate whether they would like to receive a 
copy of the final report, as described in paragraph (d)(3) of this 
section.
    (3) The NPS reviews all comments on the draft report and prepares a 
final report, which the Director transmits to the Secretary for 
submission to the Congress. Upon release of the final report, the NPS 
will provide a copy of the report to the owner(s) of landmarks who are 
listed in the report and have

[[Page 322]]

requested copies and to other interested authorities, organizations and 
individuals.
    (e) Mining in the Parks Act. If the NPS determines that an entire or 
partial national natural landmark may be irreparably lost or destroyed 
by surface mining activity, including exploration for or removal or 
production of minerals or materials, NPS notifies the person that is 
conducting the activity and prepares a report that identifies the basis 
for the finding that the activity may cause irreparable loss or 
destruction. The NPS also notifies the owner(s) of the national natural 
landmark in writing of its finding. The NPS submits to the Advisory 
Council on Historic Preservation the report and a request for advice 
about alternative measures that may be taken by the United States to 
mitigate or abate the activity. The authority for this action is 
contained in Section 9 of the Mining in the Parks Act of 1976 (16 U.S.C. 
1908).
    (f) National Environmental Policy Act. Federal agencies should 
consider the existence and location of designated national natural 
landmarks, and of areas found to meet the criteria for national 
significance, in assessing the effects of their activities on the 
environment under section 102(2)(c) of the National Environmental Policy 
Act (42 U.S.C. 4321). The NPS is responsible for providing requested 
information about the National Natural Landmarks Program for these 
assessments.



Sec. 62.7  Natural landmark modifications.

    (a) Determination of need for modifications. After designation, the 
modification of the boundaries of a natural landmark, and/or revision of 
information about it, may be appropriate. For example, because of new 
information or changes in the condition of an NNL, the boundary may have 
to be reduced or expanded or information about the NNL may have to be 
revised. Additional study may reveal that the area has nationally 
significant values that had not been previously documented. The NPS 
determines that landmark modifications are necessary through 
administration of the program. In addition, the NPS may receive 
suggestions for landmark modifications from other Federal agencies, 
State natural area programs, and other public and private organizations 
or individuals. The NPS determines the validity of these suggestions by 
applying the natural landmark criteria or by conducting additional 
study.
    (b) Boundary expansion. (1) Three justifications exist for enlarging 
the boundary of a national natural landmark: better documentation of the 
extent of nationally significant features, professional error in the 
original designation, or additional landowners with nationally 
significant features on their property desiring the designation.
    (2) If the NPS determines that an expansion of the boundary of the 
national natural landmark is appropriate, it will use the designation 
process outlined in Sec. 62.4(b) through (j). If a boundary is expanded, 
only the owners in the newly considered but as yet not designated 
portion of the area are notified and asked if they object to 
designation.
    (c) Boundary reduction. Two justifications exist for reducing the 
boundary of a national natural landmark: Loss of integrity of the 
natural features or professional error in the original designation. If 
the NPS determines that a reduction in the national natural landmark 
boundary is indicated, the designation removal process outlined in 
Sec. 62.8 is used.
    (d) Change in description of values. If the NPS determines that a 
change in the description of the national natural landmark's nationally 
significant values is warranted, the NPS prepares the recommended 
changes and the Director submits the changes and all supportive 
documentation to the National Park System Advisory Board. The Advisory 
Board reviews the information submitted by the Director and makes 
recommendations to the Secretary. The Secretary reviews the supportive 
documentation and the recommendations of the board, and may approve 
changes in the description of a landmark's nationally significant 
values.
    (e) Minor technical corrections. Minor technical corrections to a 
national natural landmark boundary and other administrative changes in 
landmark documentation not covered under paragraphs (a) through (d) of 
this section may be approved by the Director without a review by the 
Advisory Board or

[[Page 323]]

the approval by the Secretary. Minor technical boundary corrections are 
defined as those that involve a change in less than five percent of the 
total area of the national natural landmark. The NPS notifies owners of 
proposed minor technical boundary corrections or other administrative 
changes in documentation, as described in this paragraph (e). Based upon 
owner response to this notification, the NPS determines whether the 
proposed change is a minor technical correction to landmark 
documentation that can be made administratively or whether the 
procedures outlined in Sec. 62.4(d) through (j) must be followed.



Sec. 62.8  Natural landmark designation removal.

    (a) Criteria for removal. (1) Except as provided in paragraph (f) of 
this section, national natural landmark designation is removed from an 
area:
    (i) When it can be shown that an error in professional judgment was 
made such that the site did not meet the criteria for national 
significance at the time of designation;
    (ii) When the values which originally qualified it for designation 
have been lost or destroyed; or
    (iii) When applicable designation procedures were not followed 
because of prejudicial failure.
    (2) Any affected owner of a designated national natural landmark may 
initiate the removal by submitting to the Director a request for removal 
of designation, stating the grounds for this removal and specifying the 
error in professional judgment, loss of natural values or prejudicial 
procedural error. A prejudicial procedural error is one that reasonably 
may be considered to have affected the outcome of the designation 
process.
    (3) Within 60 days of receiving a removal request, the NPS notifies 
the party submitting the request of whether the NPS considers the 
documentation sufficient to consider removal of the natural landmark 
designation.
    (b) Review of removal information. The NPS reviews the information 
outlining the grounds for removal. When necessary, an on-site evaluation 
of the area may be made, as outlined in Sec. 62.4(c). Based on all 
available information, the NPS determines whether the area no longer 
merits designation as a national natural landmark.
    (c) Notifications. When NPS has determined that area no longer 
merits designation as a national natural landmark, the NPS notifies the 
owner(s) and other interested parties as specified in Sec. 62.4(d)(1)-
(3). Notice of the proposed removal is also published in the Federal 
Register. The notified individuals may comment within 60 days of the 
date of the notice before a recommendation for removal is submitted to 
the Secretary. All comments received will be considered in the review 
and in the decision to remove the national natural landmark designation.
    (d) Removal from the registry. (1) The Director reviews the 
information about a recommended removal from the Registry and determines 
whether the procedural requirements in this section have been met. If 
the Director confirms the findings, he or she submits a recommendation 
for removal to the National Park System Advisory Board. The Advisory 
Board reviews the submitted information and recommends the removal from 
or retention of the area in the registry.
    (2) The recommendations of the Advisory Board and the Director are 
submitted by the Director to the Secretary for his or her consideration. 
If the Secretary concurs, he or she directs the removal of the landmark 
from the National Registry of Natural Landmarks. Any area from which 
designation is withdrawn solely because of procedural error as described 
in paragraph (a)(1)(iii) of this section continues to meet the criteria 
for national significance.
    (e) Notification of removal from the registry. When the Secretary 
removes a landmark from the National Registry of Natural Landmarks, the 
Secretary will notify the national natural landmark owner(s), the 
executive of the local government jurisdiction in which the area is 
located, Native American tribal governments and native villages and 
corporations in the area, the governor of the State, Congressional 
members who represent the Congressional District and State in which the 
area is located, and other interested authorities, organizations, and 
individuals, as

[[Page 324]]

outlined in Sec. 62.4(d)(1), (2) and (3). The NPS is responsible for 
preparing and distributing the written notices. The NPS periodically 
publishes notice(s) of removal in the Federal Register. The NPS may 
reclaim the natural landmark plaque when a landmark is removed from the 
National Registry of Natural Landmarks.
    (f) Previously designated landmarks. (1) NPS will notify owners of 
national natural landmarks designated before the effective date of these 
regulations to give them an opportunity within 90 days of the notice to 
request the removal of a national natural landmark designation from 
their property by writing to the Director. If owners do not respond 
within 90 days of the notification, the national natural landmark 
designations of their properties will be retained.
    (2) When only some owners of a national natural landmark in multiple 
ownership request the removal of a national natural landmark designation 
from their portions, the NPS determines whether, after removal of these 
portions, a sufficient acreage of the national natural landmark remains 
to demonstrate the original nationally significant features without 
undue compromise. If so, the boundaries of the national natural landmark 
are adjusted to remove the properties of owners who object to the 
designation. If not, the entire national natural landmark designation is 
removed and the area is removed from the National Registry of Natural 
Landmarks.
    (3) Any removals of existing national natural landmark designations 
and related recommended boundary adjustments, must be presented by the 
Director to the National Park System Advisory Board for review before 
being presented to the Secretary who formally removes a national natural 
landmark from the national registry or approves changes in the national 
natural landmark boundary. Areas from which the designation has been 
removed may be reconsidered for designation under these regulations if 
ownership or other circumstances change.



Sec. 62.9  General provisions.

    (a) Agreements. The NPS may enter into contracts, memoranda of 
agreement, cooperative agreements, or other types of agreements with 
other Federal agencies, States, counties, local communities, private 
organizations, owners, Native American tribal governments, or other 
interested individuals or groups to assist in administering the National 
Natural Landmarks Program. The agreements may include but are not 
limited to provisions about identification, evaluation, monitoring or 
protecting national natural landmarks.
    (b) Information dissemination. The NPS may conduct educational and 
scientific activities to disseminate information on national natural 
landmarks, the National Natural Landmarks Program, and the benefits 
derived from systematic surveys of significant natural features to the 
general public and to interested local, State and Federal agencies and 
private groups. Dissemination of information on ecologically or 
geologically fragile or sensitive areas may be restricted when release 
of the information may endanger or harm the sensitive resources.
    (c) Procedural requirements. Any individual, agency, or organization 
acting as a representative of the NPS in the identification, evaluation, 
monitoring or protection of national natural landmarks is required to 
follow this part.
    (d) Additional program information. Further guidance on the 
operation of the National Natural Landmarks Program, as based on this 
part, may be found in other program documents that are available from 
the NPS.
    (e) Administrative recourse. Any person has the right to insist that 
NPS take into account all the provisions in this part for national 
natural landmark designation or removal.



PART 63--DETERMINATIONS OF ELIGIBILITY FOR INCLUSION IN THE NATIONAL 
REGISTER OF HISTORIC PLACES--Table of Contents




Sec.
63.1  Purpose and authorities.
63.2  Determination of eligibility process.
63.3  Procedures to be applied when the agency and the State Historic 
          Preservation Officer agree a property is eligible.
63.4  Other properties on which determinations of eligibility may be 
          made by the Secretary of the Interior.

[[Page 325]]

63.5  Federal Register publication of properties determined eligible.
63.6  Review and nomination of properties determined eligible.

    Authority: Sec. 2(k), Historic Sites Act of 1935, 16 U.S.C. 462(K) 
(1970 ed); sec. 101(a)(1), National Historic Preservation Act of 1966, 
as amended, 16 U.S.C. 470(a)(1) (1970 ed); secs. 3(b) and 4(f), E.O. 
11593; sec. 2 of Reorganization Plan No. 3 of 1950 (34 Stat. 1262).

    Source: 42 FR 47661, Sept. 21, 1977. Redesignated at 45 FR 28716, 
Apr. 30, 1980, and 46 FR 34329, July 1, 1981, unless otherwise noted.



Sec. 63.1  Purpose and authorities.

    (a) These regulations have been developed to assist Federal agencies 
in identifying and evaluating the eligibility of properties for 
inclusion in the National Register. The regulations explain how to 
request determinations of eligibility under section 2(b) of Executive 
Order 11593 and the regulations of the Advisory Council on Historic 
Preservation (36 CFR part 800) for implementation of sections 1(3) and 
2(b) of Executive Order 11593 and the National Historic Preservation Act 
of 1966, as amended Federal agencies request determinations of 
eligibility in considering historic properties on lands under their 
jurisdiction or control or on lands to be affected by proposed actions.



Sec. 63.2  Determination of eligibility process.

    The Department of the Interior will respond within 45 days of 
receipt of a documented request for a determination of eligibility from 
a Federal agency when it is submitted in accordance with the following 
regulations and is accompanied by documentation that clearly portrays 
the nature and significance of the property.
    (a) The agency shall consult the State Historic Preservation Officer 
as the first step in identifying historic properties for information 
concerning:
    (1) Properties listed in the National Register.
    (2) Properties in the process of nomination to the National 
Register.
    (3) Properties determined eligible by the Secretary of the Interior 
for listing in the National Register.
    (4) Any other available information that would assist in identifying 
properties in the area affected by the proposed action.
    (b) If the State Historic Preservation Officer has inadequate 
information to document the presence or absence of historic properties 
in the project area, the Federal agency should refer to the Department 
of the Interior's criteria for the identification of historic properties 
and the guidelines for level of documentation to accompany requests for 
determinations of eligibility for inclusion in the National Register 
published as a notice in the Federal Register.
    (c) The agency shall, in consultation with the State Historic 
Preservation Officer, apply the National Register Criteria for 
Evaluation contained in 36 CFR 60.6 to all potentially eligible 
properties that may be affected by the proposed action. If a property 
appears to meet the Criteria and the State Historic Preservation Officer 
agrees, the agency should follow the procedures in Sec. 63.3. If there 
is a question whether the Criteria are met, the agency shall complete 
the procedures in Sec. 63.3(d). A question on whether a property meets 
the Criteria exists when the agency and the State Historic Preservation 
Officer disagree or when the agency determines that a question exists. 
The Department of the Interior will provide general and specific advice 
concerning the identification of historic properties and will bring to 
the attention of a Federal agency any information received from the 
public regarding potential historic properties in the area affected by 
its plans or projects.
    (d) The agency shall submit a letter of request for a determination 
of eligiblity with a description, statement of significance, 
photographs, and a map, or a statement in accord with Sec. 63.3 below, 
if applicable, directly to the Keeper of the National Register, National 
Park Service, Department of the Interior, Washington, D.C. 20240. If 
available, the opinion of the State Historic Preservation Officer on the 
eligibility of the property should also be forwarded with the request.
    (e) The Keeper, National Register, will respond in writing to the 
agency's request within 45 days of receipt of a documented request 
submitted in accord with Sec. 63.2(d) of these procedures. If the 
opinion of the State Historic Preservation Officer is not included

[[Page 326]]

with the request, the Keeper of the National Register will provide to 
the State Historic Preservation Officer a copy of the request and will 
ask for his opinion on the property. If the Keeper does not receive the 
State Historic Preservation Officer's response within three weeks of the 
State Historic Preservation Officer's receipt of a letter from the 
Keeper requesting an opinion, the Keeper will proceed with the 
determination and will inform the agency that the State Historic 
Preservation Officer did not give an opinion. If the Keeper of the 
National Register determines that documentation submitted with the 
request is not sufficient to make a professional evaluation of the 
significance of the property, he will advise the agency in writing of 
the additional information needed. The Keeper of the National Register 
will respond to the agency's request within 45 days of receipt of 
documentation on the property requested by the Keeper.



Sec. 63.3  Procedures to be applied when the Agency and the State 
Historic Preservation Officer agree a property is eligible.

    If during the consultation described in Sec. 63.2(c), both the 
agency and the State Historic Preservation Officer agree that a property 
meets the Criteria, the Federal agency or the State Historic 
Preservation Officer shall forward to the Keeper of the National 
Register (a) a letter signed by the agency stating that the agency and 
the State Historic Preservation Officer agree that the property is 
eligible for inclusion in the National Register, and (b) a statement 
signed by the State Historic Preservation Officer that in his opinion 
the property is eligible for the National Register. Either the letter or 
the statement must contain substantive information on the property, 
including a description, specific boundaries, its significance under 
National Register Criteria, and an explanation of why the property is 
eligible for listing in the National Register. The Keeper of the 
National Register shall give written notice of his determination to both 
the agency and the State Historic Preservation Officer within 10 working 
days of receipt. If the property has not been accurately identified and 
evaluated, the Keeper will inform the agency and the State Historic 
Preservation Officer within 10 working days and will recommend that the 
agency follow the process set forth at Sec. 63.2. Notwithstanding such 
recommendation, the Federal agency or the Keeper of the National 
Register may consider the property eligible for the purpose of obtaining 
the Advisory Council on Historic Preservation's comments. Documentation 
concerning properties determined eligible for the National Register 
shall be kept on file by the agency and the State Historic Preservation 
Officer.



Sec. 63.4  Other properties on which determinations of eligibility may 
be made by the Secretary of the Interior.

    (a) The Keeper of the National Register will make determinations of 
eligibility on properties nomiated by Federal agencies under section 
2(a) of Executive Order 11593 prior to returning the nominations for 
such properties to the agency for technical or professional revision or 
because of procedural requirements. Such determinations of eligibility 
will be made only if sufficient information exists to establish the 
significance of the property and its eligibility for the National 
Register
    (b) Any property or district removed from the National Register for 
procedural deficiences in the nomination and/or listing process shall 
automatically be considered eligible for inclusion in the National 
Register without further action and will be published as such in the 
Federal Register.
    (c) If necessary to assist in the protection of historic resources, 
the Keeper, upon consultation with the appropriate State Historic 
Preservation Officer and concerned Federal agency, if any, may determine 
properties to be eligible for listing in the National Register under the 
Criteria established by 36 CFR part 60 and shall publish such 
determinations in the Federal Register. Such determinations may be made 
without a specific request from the Federal agency or, in effect, may 
reverse findings on eligibility made by a Federal agency and State 
Historic

[[Page 327]]

Preservation Officer. Such determinations will be made after an 
investigation and an onsite inspection of the property in question.



Sec. 63.5  Federal Register publication of properties determined eligible.

    In addition to written notice to the Federal agency and the State 
Historic Preservation Officer, public notice of properties determined 
eligible for the National Register will be published in the Federal 
Register at regular intervals and in a cumulative annual edition usually 
issued in February. Determinations in accord with Sec. 63.3 will be 
identified with an asterisk.



Sec. 63.6  Review and nomination of properties determined eligible.

    The Keeper of the National Register will conduct an annual review of 
the condition of properties determined eligible for the National 
Register. The Keeper of the National Register will obtain from the 
Advisory Council on Historic Preservation information on decisions made 
concerning eligible properties in accord with memorandum of agreement 
under the Council's ``Procedures for the Protection of Historic and 
Cultural Properties'' (36 CFR part 800). If there is no memorandum of 
agreement or if no provision has been made in a memorandum of agreement 
for nomination of an eligible property and if the property retains the 
characteristics that made it eligible for the National Register, the 
Keeper of the National Register will take the following steps:
    (a) For a property owned by a Federal agency, or under the 
jurisdiction or control of the agency to the extent that the agency 
substantially exercises the attributes of ownership, the Keeper of the 
National Register will request the Federal agency to nominate the 
property to the National Register within six months.
    (b) If the property is not under Federal jurisdiction or control, 
the Keeper of the National Register will request that the State Historic 
Preservation Office nominate the property to the National Register 
within six months.
    (c) If the Keeper of the National Register determines that a 
property has lost the characteristics that made it eligible for the 
National Register, he will inform the State Historic Preservation 
Officer and the Federal agency and remove the property from the list of 
eligible properties.



PART 64--GRANTS AND ALLOCATIONS FOR RECREATION AND CONSERVATION USE OF
 ABANDONED RAILROAD RIGHTS-OF-WAY--Table of Contents




Sec.
64.1  Purpose.
64.2  Definitions.
64.3  Applicability and authority.
64.4  Scope.
64.5  Eligible projects.
64.6  Application procedures.
64.7  Project selection and funding procedures.
64.8  Project selection criteria.
64.9  Project costs (State and local projects).
64.10  Matching share.
64.11  Project performance.
64.12  Standards for grantee financial management systems.
64.13  Performance reports.
64.14  Project inspections.
64.15  Financial reporting requirements and reimbursements.
64.16  Retention and custodial requirements for records.
64.17  Project termination and settlement procedures.
64.18  Retention and use.

    Authority: Sec. 809(B)(2) and (3), 90 Stat. 145, Pub. L. 94-210; 
Sec. 2 of Reorganization Plan No. 3 of 1950 (34 Stat. 1262).

    Source: 42 FR 54806, Oct. 11, 1977. Redesignated at 45 FR 780, Jan. 
3, 1980, and 46 FR 34329, July 1, 1981, unless otherwise noted.



Sec. 64.1  Purpose.

    The purpose of these guidelines is to prescribe policies and 
procedures for administering the funding of projects involving the 
conversion of abandoned railroad rights-of-way to recreation and 
conservation uses. Because of the limited funding available, it is the 
Bureau of Outdoor Recreation's intent to select a few projects which 
effectively demonstrate the conversion of abandoned railroad rights-of-
way for recreation and conservation purposes in a timely manner.



Sec. 64.2  Definitions.

    (a) Abandoned Railroad Rights-of-Way. An abandoned railroad right-
of-way is

[[Page 328]]

the real property used for or formerly used for the operation of 
railroad trains by a common carrier railroad, upon which the railroad 
company has, or will cease operations and sell, or otherwise dispose of 
the company's interest in the real property.
    (b) Project Applicant. Federal, State, or local governmental 
agencies.



Sec. 64.3  Applicability and authority.

    The policies and procedures contained herein are applicable to the 
making of grants to State and local governments and to the making of 
allocations to Federal agencies under the provisions of title VIII, 
section 809(b) (2) and (3) of the Railroad Revitalization and Regulatory 
Reform Act of 1976 (Pub. L. 94-210) (90 Stat. 145). The Secretary of the 
Interior in consultation with the Secretary of Transportation is 
responsible for providing financial assistance in accordance with 
section 809(b) (2) and (3). The Secretary of the Interior's 
responsibility has been delegated to the Bureau of Outdoor Recreation.



Sec. 64.4  Scope.

    (a) Funding assistance authorized by section 809(b)(2) shall be 
provided to State and local government entities to enable them to 
acquire and develop abandoned railroad rights-of-way for recreation and 
conservation purposes and to plan for such acquisition and development. 
As provided for by law, grants shall be made for not more than 90 
percent of the cost of the particular project for which funds are 
sought.
    (b) Allocations authorized by section 809(b)(3) shall be made to 
Federal agencies to enable them to acquire abandoned railroad rights-of-
way. Such allocations shall be made for an amount up to the price paid 
to the owner of the real property proposed for acquisition plus expenses 
incidental to acquisition such as title work, surveys, appraisals and 
relocation.



Sec. 64.5  Eligible projects.

    (a) Abandoned railroad projects will be for recreation and/or 
conservation purposes including the acquisition of the rights-of-way 
involved and will be sponsored by a project applicant who has authority 
to carry out public recreation or conservation programs. Eligible 
project elements for State and local governmental entities may include:
    (1) The acquisition of fee or less than fee interests including long 
term leases of not less than 25 years and easements which will secure 
for the project applicant the right to develop use the property for 
public recreation and/or conservation purposes.
    (2) The development of facilities which are necessary for making 
rights-of-way usable for public recreation and conservation purposes.
    (b) Allocations made to Federal agencies will be made for the 
acquisition of lands or interests in lands, including incidental 
acquisition expenses, located in existing areas where such acquisition 
is authorized by law and the land is usable for public recreation and 
conservation purposes.
    (c) Abandoned railroad rights-of-way projects proposed by State and 
local governmental entities and Federal agencies shall be in accordance 
with the State comprehensive outdoor recreation plan for the State in 
which the project is located.



Sec. 64.6  Application procedures.

    State and local units of government applying for grants under this 
program will comply with the regulations, policies, guidelines, and 
requirements of OMB Circular No. A-95 (Evaluation, Review and 
Coordination of Federal and Federally Assisted Programs and Projects), 
Federal Management Circulars 74-4 (Cost Principles Applicable to Grants 
and Contracts with State and Local Governments) and OMB Circular No. A-
102 (Uniform Administrative Requirements for Grants-in-Aid to State and 
local governments).
    (a) Preapplications. A preapplication will be used to initially 
screen and select those projects for which a final application may be 
submitted for assistance. The preapplication will include:
    (1) A Standard Form 424 (may be obtained from applicable Regional 
Offices of the Bureau of Outdoor Recreation).
    (2) A map showing the location of the property to be acquired and/or 
developed and its relation to surrounding land uses including other 
recreation/conservation resources.
    (3) A program narrative statement.

[[Page 329]]

    (i) Where acquisition is involved the number of acres and real 
property interest to be acquired. Attach a copy of the abandonment 
notice.
    (ii) The type of recreational/conservation use planned for the 
project site including the type of development to be included in the 
project (if a site plan is available it should be submitted).
    (iii) A statement indicating separately the estimated acquisition 
and development costs.
    (iv) A time schedule for completing the acquisition and development.
    (v) A brief discussion of how the project embodies the selection 
criteria outlined in Sec. 64.8.
    (4) Indicate any known problems that will occur in obtaining clear 
title to the right-of-way.
    (5) Because of the limited funds available applicants are encouraged 
to provide an alternative plan indicating a viable segment of the 
overall project which could possibly be funded at a lower amount in lieu 
of the complete project.
    (b) Applications. For those State and local projects selected the 
applicant shall submit the standard application provided for in 
Attachment M of OMB Circular A-102. An application package developed for 
this program will be available from the Bureau of Outdoor Recreation 
Regional Offices. The following application requirements will apply 
(information submitted with the preapplication will not be required 
again):
    (1) A-95 Clearinghouse Review. The applicant will obtain and include 
in the application, State and areawide clearinghouse comments in 
accordance with OMB Circular A-95.
    (2) National Environmental Policy Act of 1969 (Pub. L. 91-190). The 
Bureau of Outdoor Recreation will review the environmental information 
developed by the Interstate Commerce Commission relative to the 
abandonment to determine if additional information is required to 
adequately assess the environmental impact of the project and determine 
the need for an environmental impact statement. Where necessary the 
applicant will provide additional information from which the Bureau can 
assess the environmental impact. The format for such information will be 
provided by the Bureau.
    (3) National Historic Preservation Act of 1969 and Executive Order 
11593. The applicant shall provide the State's Historic Preservation 
Officer with a copy of the project proposal and allow him 30 days in 
which to comment on the effect of the proposed project. Such comments 
will indicate whether the project will have any effect on a site in, or 
eligible for nomination to the National Register of Historic Places. The 
comments of the SHPO will be included with the application.
    (4) Flood Disaster Protection Act of 1973 (Pub. L. 93-234). 
Applicants will be required to purchase flood insurance for acquisition 
or development of insurable improvements located in a flood plain area 
identified by the Secretary of Housing and Urban Development as an area 
which has special flood hazards.
    (5) Corps of Engineers Permits Requirements. For development 
projects requiring a Corps of Engineers permit under section 10 of the 
Rivers and Harbors Act of 1899 and/or section 404 of the Federal Water 
Pollution Control Act of 1972, applicants will include evidence in the 
application that action has been initiated to obtain such permit.
    (6) Section 7 of the Endangered Species Act of 1973. The applicant, 
through the submission of environmental information, and in consultation 
with the Bureau of Outdoor Recreation Regional Office will indicate any 
known project conflict with section 7 of the Endangered Species Act of 
1973.
    (7) Plans and Maps. Each application will include copies of State, 
county, or city maps showing the geographic location of the project and 
its relation to surrounding land uses including other recreation/
conservation resources. Where development is included in the project, a 
site plan of the proposed improvements will be provided along with a 
breakdown of the estimated development costs. For the acquisition, the 
application will include a schedule listing the parcels to be acquired, 
estimated linear mileage and acreage of each, the estimated value of 
each parcel and the estimated date of acquisition.

[[Page 330]]

    (8) In addition to the narrative required by part IV of the standard 
application, the following information will be provided:
    (i) The type of recreation/conservation activity intended for the 
project site.
    (ii) The time schedule for completing the project and plans for 
operation and maintenance; and
    (iii) A brief discussion of how the project embodies the selection 
criteria outlined in Sec. 64.8.
    (c) Content of the Proposal by Federal Agencies. Each proposal 
should include the following minimum information (preapplication not 
required):
    (1) Identification and description of the property proposed for 
acquisition.
    (2) A statement indicating the recreational and/or conservation use 
planned for the acquired rights-of-way and the relationship of such use 
to land now administered by the Federal agency proposing acquisition.
    (3) A map showing the location of the property in relation to land 
now administered by the Federal agency proposing acquisition.
    (4) The real property interest proposed for acquisition.
    (5) An environmental assessment of the acquisition and subsequent 
development, if proposed.
    (6) A citation of the statutory or other authority under which the 
land would be acquired and a discussion of how the proposed acquisition 
is in accord with the authority for acquisition.
    (7) The funds being requested for the project including a summary of 
the estimated cost of the land and costs incidental to acquisition.
    (8) A discussion of how acquisition of the rights-of-way and 
subsequent development embodies the selection criteria outlined in 
Sec. 64.8.
    (d) Preapplication. (1) Projects sponsored by State, local, or 
Federal applicants shall be submitted to the appropriate Bureau of 
Outdoor Recreation Regional Office.
    (2) Projects will be considered for funding on a quarterly basis 
until available funds have been obligated to approved projects. The 
first project submission quarter will begin with the first of the fiscal 
year. Funds not utilized in one quarter will be available for the next. 
Once all funds have been obligated, projects will not be accepted until 
additional appropriations become available.



Sec. 64.7  Project selection and funding procedures.

    (a) The Bureau of Outdoor Recreation Regional Office will review all 
preapplications and Federal proposals to insure application completeness 
and eligibility. A copy of eligible preapplications or Federal proposals 
and supporting information and data will be submitted to the Washington 
Office of BOR for final review and selection. An information copy of 
each project preapplication and proposal will be submitted to the State 
Liaison Officer designated to coordinate Land and Water Conservation 
Fund activities.
    (b) The Washington Office of the Bureau of Outdoor Recreation will 
evaluate all projects submitted by the Regional Offices. Final selection 
of projects to be funded shall be by the Director of the Bureau of 
Outdoor Recreation.
    (c) State and local projects selected for funding will be approved 
and funds obligated by the appropriate Regional Director. Funds will not 
be obligated until the Bureau has met with the applicant to discuss the 
terms, conditions, and procedures required by the grant.
    (d) Federal agency sponsored projects will be funded by transfer of 
funds from the Bureau of Outdoor Recreation to the sponsoring agency up 
to the amount of the project cost as shown in the agency's approved 
application.

[42 FR 54806, Oct. 11, 1977. Redesignated at 45 FR 780, Jan. 3, 1980, 
and 46 FR 34329, July 1, 1981, as amended at 60 FR 55791, Nov. 3, 1995]



Sec. 64.8  Project selection criteria.

    Those projects which best meet the following criteria will be 
selected to receive assistance:
    (a) Projects which have cleared abandonment procedures and for which 
sufficient control and tenure of land can be assured, in order that the 
project can be accomplished shortly after project approval.

[[Page 331]]

    (b) Projects which are located or originate in Standard Metropolitan 
Statistical Areas.
    (c) The degree to which the project results in a facility which 
demonstrates maximum beneficial public use of the property acquired. 
(For example, the diversity of recreation/conservation opportunities 
provided.)
    (d) The ease of accessibility to large numbers of potential users.
    (e) The effectiveness of the project in enhancing existing Federal, 
State, or local recreation/conservation resources. (For example, the 
ability of the project to tie together existing recreation/conservation 
resources.)
    (f) Whether use of the right-of-way for recreation/conservation 
purposes has been identified in existing State, Federal, or local plans.
    (g) The degree to which the project advances new ideas in 
recreation/conservation use and promotes nonmotorized forms of 
transportation such as commuting by bicycle.
    (h) The recreation/conservation potential of the environment 
traversed by the right-of-way.
    (i) The energy conservation potential of using the right-of-way for 
recreation and/or commuting.
    (j) The urgency of the acquisition as reflected by the plans of the 
owner of record to sell the property to persons other than the project 
sponsor.
    (k) The degree to which Federal, State or local land use controls 
will protect the recreation and conservation values of the right-of-way 
from encroachment by conflicting uses of surrounding land.
    (l) State and local projects involving the development of abandoned 
railroad rights-of-way which do not include the acquisition of the 
rights-of-way will be given lower funding priority than projects 
involving both acquisition and development.



Sec. 64.9  Project costs (State and local projects).

    To be eligible, acquisition and development costs must be incurred 
after the date of project approval and during the project period. The 
project period will be indicated in the project application. Waivers 
will be granted to proceed with the acquisition prior to project 
approval if the applicant can show there is a need for immediate action. 
Development costs are first incurred at the start of actual physical 
work on the project site. Acquisition costs are incurred on the date 
when the applicant makes full payment or accepts the deed or other 
appropriate conveyance. Project-related planning costs outlined in 
Sec. 64.9(a)(3), may be incurred prior to project approval. The date 
from which they were incurred must be indicated in the project 
application.
    (a) The types of project costs that are eligible for funding under 
this program are:
    (1) Acquisition costs will be assisted on the basis of the price 
paid or the appraised fair market value, whichever is less. Costs 
incurred pursuant to the Uniform Relocation Assistance and Real Property 
Acquisition Policies Act of 1970, appraisal costs and other reasonable 
incidental costs associated with the acquisition.
    (2) Construction costs associated with developing the right-of-way 
for recreation use.
    (3) Project-related planning required for the acquisition, 
development and use of the abandoned rights-of-way including master 
planning, the preparation of development plans and specifications and 
surveys.
    (4) Legal costs, audit costs, inspection fees, and project 
administration costs.
    (b) Cost overruns will not be eligible for reimbursement. This means 
that no additional funding will be extended once a project is approved. 
Any cost overrun incurred on a project must be funded by the grantee.
    (c) Principles and standards for determining costs applicable to 
State and local grants are found in Federal Management Circular 74-4 and 
part 670 of the Bureau of Outdoor Recreation Manual.



Sec. 64.10  Matching share.

    The State or local applicant's matching share may consist of cash, 
or in-kind contributions consistent with guidelines set forth in 
Attachment F of OMB Circular A-102.

[[Page 332]]



Sec. 64.11  Project performance.

    The State or local applicant shall be responsible for insuring the 
project is carried through to stages of completion acceptable to the 
Bureau of Outdoor Recreation with reasonable promptness. Financial 
assistance may be terminated upon determination by the Bureau of Outdoor 
Recreation that satisfactory progress has not been maintained.
    (a) Acquisition Procedures. All acquisition must conform to the 
Uniform Relocation Assistance and Real Property Acquisition Policies Act 
of 1970, Pub. L. 91-646, as set forth in the Bureau of Outdoor 
recreation Manual, part 645. Real property must be appraised before the 
initiation of negotiations, and the property owner given a statement of 
just compensation for his property. In no event can the amount 
established as just compensation be less than the fair market value 
established by the approved appraisal.
    (1) Appraisals. The State or local applicant should secure at least 
one appraisal of the appropriate type by a qualified professional 
appraiser for each parcel to be acquired. Standards for appraisals shall 
be consistent with the current Uniform Appraisal Standards for Federal 
Land Acquisition, published by the Land Acquisition Conference and as 
set forth in Bureau of Outdoor Recreation Manual, paragraph 675.2.5.
    (2) Appraisal Review. The appraisal will be reviewed and approved by 
a qualified staff or fee appraiser prior to the initiation of 
negotiations. The Bureau reserves the right to review all appraisal 
documentation prior to or after the acquisition.
    (3) Record Retention. All documentation supporting the acquisition 
of land and improvements, or interests therein, must be kept available 
for examination by duly authorized representatives of the Bureau, the 
Department of the Interior and the General Accounting Office. All such 
records shall be retained and be available for inspection for a period 
of three years after final payment by the Federal Government.
    (b) Development Procedures. Development work may be accomplished by 
contract or by force account. Allowable construction costs cover all 
necessary construction activities, from site preparation to completion 
of the facility.
    (1) Construction by Force Account. Labor costs charged to a project 
for force account work will be based on payrolls documented and approved 
in accordance with generally accepted accounting practices of the State 
or local agency. Payrolls must be supported by time and attendance or 
equivalent records for individual employees. Salaries and wages of 
employee chargeable to more than one cost objective will be supported by 
appropriate time distribution records. The method used should produce an 
equitable distribution of time and effort. Costs for equipment owned by 
the participant may be charged against the project based on an equipment 
use rate developed by the participant in accordance with guidelines 
provided by the Bureau of Outdoor Recreation. Other costs such as 
material costs will be charged to a project as outlined in OMB Circular 
A-102 and the Bureau of Outdoor Recreation Manual, part 670.
    (2) Construction by Contract--(i) Bids and Awards. Competitive open 
bidding shall be required for contracts in excess of $10,000 in 
accordance with Attachment O of OMB Circular A-102.
    (ii) Equal Employment Opportunity. All construction contracts 
awarded by recipients and their contractors, or subgrantees having a 
value of more than $10,000 shall contain a provision requiring 
compliance with Executive Order No. 11246, entitled ``Equal Employment 
Opportunity'' as supplemented in Department of Labor Regulations (41 CFR 
part 60). Equal employment contract compliance requirements for 
``Hometown'' or ``Imposed '' Plan areas will be followed.
    (iii) The State or local applicant will comply with all other 
procurement standards set forth in Attachment O of OMB Circular A-102.
    (3) Construction Planning Services. The applicant is responsible 
for:
    (i) Providing all engineering services necessary for all design and 
construction of Fund-assisted projects.
    (ii) Providing an internal technical review of all construction 
plans and specifications.
    (iii) Insuring that construction plans and specifications meet 
applicable

[[Page 333]]

health and safety standards of the State.
    (iv) The Bureau reserves the right to require the submission of 
plans and specifications for any development project prior to project 
approval.
    (v) All construction plans, specifications, contracts, and change 
orders shall be retained by the participant for a period of three years 
after final payment on a project is made by the Bureau, or for a longer 
period of time if so requested by the Bureau.
    (4) All facilities developed will be designed to comply with the 
``American Standard Specifications for Making Buildings and Facilities 
Accessible to, and usable by the Physically Handicapped'' Number A117.1-
1961, as modified (41 CFR 101-17.703). The applicant will be responsible 
for conducting inspections to insure compliance with these 
specifications by the contractor.

[42 FR 54806, Oct. 11, 1977; 42 FR 57462, Nov. 3, 1977. Redesignated at 
45 FR 780, Jan. 3, 1980, and 46 FR 34329, July 1, 1981]



Sec. 64.12  Standards for grantee financial management systems.

    The grantees' Financial Management Systems shall meet the minimum 
standards set forth in OMB Circular A-102, Attachment G.



Sec. 64.13  Performance reports.

    Performance reports shall be submitted quarterly for all active 
projects. The performance reports shall briefly present the following:
    (a) The status of the work required under the project scope.
    (b) Other pertinent information including, when appropriate, time 
schedule delays and other similar problems encountered and their 
expected impact on the project, etc.



Sec. 64.14  Project inspections.

    All State and local projects will receive a final inspection by the 
Bureau. Final inspections will be conducted prior to final payment of 
Federal funds. Progress inspections will be conducted as deemed 
necessary by the Bureau. Preapproval inspections will also be conducted 
prior to project selection at the discretion of the appropriate Bureau 
Regional Office.



Sec. 64.15  Financial reporting requirements and reimbursements.

    Payments to applicants will either be by reimbursement by Treasury 
check or advance by Treasury check.
    (a) Reimbursement by Treasury Check. The Outlay Report and Request 
for Reimbursement (OMB Circular A-102, Attachment H) is the standard 
form to be used for requesting reimbursement for acquisition and 
development. Requests for reimbursement shall be submitted by ``the 
grantee'' not more frequently than monthly. The requests for 
reimbursement shall be submitted by the grantee in an original and three 
copies to the appropriate Regional Office. The Regions will forward to 
the Division of Budget and Finance in Washington, DC, the original and 
two copies.
    (b) Advance by Treasury Check. The Request for Advance or 
Reimbursement (OMB Circular A-102, Attachment H) is the standard form 
for all requests for advance. An advance by Treasury check is a payment 
made by Treasury check to a grantee upon its request, or through the use 
of a predetermined payment schedule. Advances shall be limited to the 
minimum amounts needed and shall be timed to be in accord with only the 
actual cash requirements of the grantee in carrying out the purpose of 
the approved project. Advances shall be limited to one month's cash 
requirements. The request for advance shall be submitted by the grantee 
in an original and three copies to the appropriate Regional Office. The 
Region will forward to the Division of Budget and Finance in Washington, 
D.C., the original and two copies.
    Grantees must submit an ``Outlay Report and Request for 
Reimbursement for Construction Programs'' monthly showing expenditures 
made the previous month from the funds advanced.
    Upon Bureau acceptance of the expenditures involved, these reports 
shall be used as the basis for liquidating obligations, reducing the 
advance account, and making charges to the appropriate cost account.
    (c) Report of Federal Cash Transactions (OMB Circular A-102, 
Attachment H). When funds are advanced with Treasury checks, the grantee 
shall submit a report to monitor the cash advance. Grantees shall submit 
the original and

[[Page 334]]

three copies no later than 15 working days following the end of each 
quarter.



Sec. 64.16  Retention and custodial requirements for records.

    (a) Financial records, supporting documents, statistical records, 
and other records pertinent to a grant program shall be retained for a 
period of three years after final payment. The records shall be retained 
beyond the three-year period if audit findings have not been resolved.
    (b) The Secretary of the Interior and the Comptroller General of the 
United States, or any of their duly authorized representatives, shall 
have access to any books, documents, papers, and records of the State 
and local governments and their subgrantees which are pertinent to a 
specific project for the purpose of making audit, examinations, 
excerpts, and transcripts.



Sec. 64.17  Project termination and settlement procedures.

    Project Termination and Settlement Procedures will be in accord with 
Bureau of Outdoor Recreation Manual, chapter 675.8.



Sec. 64.18  Retention and use.

    Property acquired or developed by State and local governments with 
section 809(b) assistance will be available to the general public and 
retained for recreation/conservation use. The acquiring agency will 
cause to have placed in the legal title to the property a restriction 
which precludes its conversion to other than public recreation/
conservation use without the consent of the Secretary of the Interior. 
The Secretary shall not permit conversion to any use that would preclude 
future reactivation of rail transportation on such right-of-way.



PART 65--NATIONAL HISTORIC LANDMARKS PROGRAM--Table of Contents




Sec.
65.1  Purpose and authority.
65.2  Effects of designation.
65.3  Definitions.
65.4  National Historic Landmark criteria.
65.5  Designation of National Historic Landmarks.
65.6  Recognition of National Historic Landmarks.
65.7  Monitoring National Historic Landmarks.
65.8  Alteration of National Historic Landmark boundaries.
65.9  Withdrawal of National Historic Landmark designation.
65.10  Appeals for designation.

    Authority: 16 U.S.C. 461 et seq.; 16 U.S.C. 470 et seq.

    Source: 48 FR 4655, Feb. 2, 1983, unless otherwise noted.



Sec. 65.1  Purpose and authority.

    The purpose of the National Historic Landmarks Program is to 
identify and designate National Historic Landmarks, and encourage the 
long range preservation of nationally significant properties that 
illustrate or commemorate the history and prehistory of the United 
States. These regulations set forth the criteria for establishing 
national significance and the procedures used by the Department of the 
Interior for conducting the National Historic Landmarks Program.
    (a) In the Historic Sites Act of 1935 (45 Stat. 666, 16 U.S.C. 461 
et seq.) the Congress declared that it is a national policy to preserve 
for public use historic sites, buildings and objects of national 
significance for the inspiration and benefit of the people of the United 
States and
    (b) To implement the policy, the Act authorizes the Secretary of the 
Interior to perform the following duties and functions, among others:
    (1) To make a survey of historic and archeological sites, buildings 
and objects for the purpose of determining which possess exceptional 
value as commemorating or illustrating the history of the United States;
    (2) To make necessary investigations and researches in the United 
States relating to particular sites, buildings or objects to obtain true 
and accurate historical and archeological facts and information 
concerning the same; and
    (3) To erect and maintain tablets to mark or commemorate historic or 
prehistoric places and events of national historical or archeological 
significance.
    (c) The National Park Service (NPS) administers the National 
Historic Landmarks Program on behalf of the Secretary.

[[Page 335]]



Sec. 65.2  Effects of designation.

    (a) The purpose of the National Historic Landmarks Program is to 
focus attention on properties of exceptional value to the nation as a 
whole rather than to a particular State or locality. The program 
recognizes and promotes the preservation efforts of Federal, State and 
local agencies, as well as of private organizations and individuals and 
encourages the owners of landmark properties to observe preservation 
precepts.
    (b) Properties designated as National Historic Landmarks are listed 
in the National Register of Historic Places upon designation as National 
Historic Landmarks. Listing of private property on the National Register 
does not prohbit under Federal law or regulations any actions which may 
otherwise be taken by the property owner with respect to the property.
    (c) Specific effects of designation are:
    (1) The National Register was designed to be and is administered as 
a planning tool. Federal agencies undertaking a project having an effect 
on a listed or eligible property must provide the Advisory Council on 
Historic Preservation a reasonable opportunity to comment pursuant to 
section 106 of the National Historic Preservation Act of 1966, as 
amended. The Advisory Council has adopted procedures concerning, inter 
alia, their commenting responsibility in 36 CFR part 800.
    (2) Section 110(f) of the National Historic Preservation Act of 
1966, as amended, requires that before approval of any Federal 
undertaking which may directly and adversely affect any National 
Historic Landmark, the head of the responsible Federal agency shall, to 
the maximum extent possible, undertake such planning and actions as may 
be necessary to minimize harm to such landmark, and shall afford the 
Advisory Council a reasonable opportunity to comment on the undertaking.
    (3) Listing in the National Register makes property owners eligible 
to be considered for Federal grants-in-aid and loan guarantees (when 
implemented) for historic preservation.
    (4) If a property is listed in the National Register, certain 
special Federal income tax provisions may apply to the owners of the 
property pursuant to section 2124 of the Tax Reform Act of 1976, the 
Economic Recovery Tax Act of 1981 and the Tax Treatment Extension Act of 
1980.
    (5) If a property contains surface coal resources and is listed in 
the National Register, certain provisions of the Surface Mining and 
Control Act of 1977 require consideration of a property's historic 
values in determining issuance of a surface coal mining permit.
    (6) Section 8 of the National Park System General Authorities Act of 
1970, as amended (90 Stat. 1940, 16 U.S.C. 1-5), directs the Secretary 
to prepare an annual report to Congress which identifies all National 
Historic Landmarks that exhibit known or anticipated damage or threats 
to the integrity of their resources. In addition, National Historic 
Landmarks may be studied by NPS for possible recommendation to Congress 
for inclusion in the National Park System.
    (7) Section 9 of the Mining in the National Parks Act of 1976 (90 
Stat. 1342, 16 U.S.C. 1980) directs the Secretary of the Interior to 
submit to the Advisory Council a report on any surface mining activity 
which the Secretary has determined may destroy a National Historic 
Landmark in whole or in part, and to request the advisory Council's 
advice on alternative measures to mitigate or abate such activity.



Sec. 65.3  Definitions.

    As used in this rule:
    (a) Advisory Council means the Advisory Council on Historic 
Preservation, established by the National Historic Preservation Act of 
1966, as amended (16 U.S.C. 470 et seq.). Address: Executive Director, 
Advisory Council on Historic Preservation, 1522 K Street NW, Washington, 
DC 20005.
    (b) Chief elected local official means the mayor, county judge or 
otherwise titled chief elected administrative official who is the 
elected head of the local political jurisdiction in which the property 
is located.
    (c) Advisory Board means the National Park System Advisory Board 
which is a body of authorities in several fields of knowledge appointed 
by the Secretary under authority of the Historic Sites Act of 1935, as 
amended.

[[Page 336]]

    (d) District means a geographically definable area, urban or rural, 
that possesses a significant concentration, linkage or continuity of 
sites, buildings, structures or objects united by past events or 
aesthetically by plan or physical development. A district may also 
comprise individual elements separated geographically but linked by 
association or history.
    (e) Endangered property means a historic property which is or is 
about to be subjected to a major impact that will destroy or seriously 
damage the resources which make it eligible for National Historic 
Landmark designation.
    (f) Federal Preservation Officer means the official designated by 
the head of each Federal agency responsible for coordinating that 
agency's activities under the National Historic Preservation Act of 
1966, as amended, including nominating properties under that agency's 
ownership or control to the National Register.
    (g) Keeper means the Keeper of the National Register of Historic 
Places.
    (h) Landmark means National Historic Landmark and is a district, 
site, building, structure or object, in public or private ownership, 
judged by the Secretary to possess national significance in American 
history, archeology, architecture, engineering and culture, and so 
designated by him.
    (i) National Register means the National Register of Historic 
Places, which is a register of districts, sites, buildings, structures 
and objects significant in American history, architecture, archeology, 
engineering and culture, maintained by the Secretary. (Section 2(b) of 
the Historic Sites Act of 1935 (49 Stat. 666, 16 U.S.C. 461) and section 
101(a)(1) of the National Historic Preservation Act of 1966 (80 Stat. 
915; 16 U.S.C. 470), as amended.) (Address: Chief, Interagency Resource 
Management Division, 440 G Street NW, Washington, DC 20243.)
    (j) National Historic Landmarks Program means the program which 
identifies, designates, recognizes, lists, and monitors National 
Historic Landmarks conducted by the Secretary through the National Park 
Service. (Address: Chief, History Division, National Park Service, 
Washington, DC 20240; addresses of other participating divisions found 
throughout these regulations.)
    (k) Object means a material thing of functional, aesthetic, 
cultural, historical or scientific value that may be, by nature or 
design, movable yet related to a specific setting or environment.
    (l) Owner or owners means those individuals, partnerships, 
corporations or public agencies holding fee simple title to property. 
``Owner'' or ``owners'' does not include individuals, partnerships, 
corporations or public agencies holding easements or less than fee 
interests (including leaseholds) of any nature.
    (m) Property means a site, building, object, structure or a 
collection of the above which form a district.
    (n) Site means the location of a significant event, a prehistoric or 
historic occupation or activity, or a building or structure, whether 
standing, ruined or vanished, where the location itself maintains 
historical or archeological value regardless of the value of any 
existing structure.
    (o) State official means the person who has been designated in each 
State to administer the State Historic Preservation Program.
    (p) Structure means a work made by human beings and composed of 
interdependent and interrelated parts in a definite pattern of 
organization.

[48 FR 4655, Feb. 2, 1983, as amended at 62 FR 30235, June 3, 1997]



Sec. 65.4  National Historic Landmark criteria.

    The criteria applied to evaluate properties for possible designation 
as National Historic Landmarks or possible determination of eligibility 
for National Historic Landmark designation are listed below. These 
criteria shall be used by NPS in the preparation, review and evaluation 
of National Historic Landmark studies. They shall be used by the 
Advisory Board in reviewing National Historic Landmark studies and 
preparing recommendations to the Secretary. Properties shall be 
designated National Historic Landmarks only if they are nationally 
significant. Although assessments of national significance should 
reflect both public perceptions and professional judgments, the 
evaluations of properties being considered for landmark designation are

[[Page 337]]

undertaken by professionals, including historians, architectural 
historians, archeologists and anthropologists familiar with the broad 
range of the nation's resources and historical themes. The criteria 
applied by these specialists to potential landmarks do not define 
significance nor set a rigid standard for quality. Rather, the criteria 
establish the qualitative framework in which a comparative professional 
analysis of national significance can occur. The final decision on 
whether a property possesses national significance is made by the 
Secretary on the basis of documentation including the comments and 
recommendations of the public who participate in the designation 
process.
    (a) Specific Criteria of National Significance: The quality of 
national significance is ascribed to districts, sites, buildings, 
structures and objects that possess exceptional value or quality in 
illustrating or interpreting the heritage of the United States in 
history, architecture, archeology, engineering and culture and that 
possess a high degree of integrity of location, design, setting, 
materials, workmanship, feeling and association, and:
    (1) That are associated with events that have made a significant 
contribution to, and are identified with, or that outstandingly 
represent, the broad national patterns of United States history and from 
which an understanding and appreciation of those patterns may be gained; 
or
    (2) That are associated importantly with the lives of persons 
nationally significant in the history of the United States; or
    (3) That represent some great idea or ideal of the American people; 
or
    (4) That embody the distinguishing characteristics of an 
architectural type specimen exceptionally valuable for a study of a 
period, style or method of construction, or that represent a 
significant, distinctive and exceptional entity whose components may 
lack individual distinction; or
    (5) That are composed of integral parts of the environment not 
sufficiently significant by reason of historical association or artistic 
merit to warrant individual recognition but collectively compose an 
entity of exceptional historical or artistic significance, or 
outstandingly commemorate or illustrate a way of life or culture; or
    (6) That have yielded or may be likely to yield information of major 
scientific importance by revealing new cultures, or by shedding light 
upon periods of occupation over large areas of the United States. Such 
sites are those which have yielded, or which may reasonably be expected 
to yield, data affecting theories, concepts and ideas to a major degree.
    (b) Ordinarily, cemeteries, birthplaces, graves of historical 
figures, properties owned by religious institutions or used for 
religious purposes, structures that have been moved from their original 
locations, reconstructed historic buildings and properties that have 
achieved significance within the past 50 years are not eligible for 
designation. Such properties, however, will qualify if they fall within 
the following categories:
    (1) A religious property deriving its primary national significance 
from architectural or artistic distinction or historical importance; or
    (2) A building or structure removed from its original location but 
which is nationally significant primarily for its architectural merit, 
or for association with persons or events of transcendent importance in 
the nation's history and the association consequential; or
    (3) A site of a building or structure no longer standing but the 
person or event associated with it is of transcendent importance in the 
nation's history and the association consequential; or
    (4) A birthplace, grave or burial if it is of a historical figure of 
transcendent national significance and no other appropriate site, 
building or structure directly associated with the productive life of 
that person exists; or
    (5) A cemetery that derives its primary national significance from 
graves of persons of transcendent importance, or from an exceptionally 
distinctive design or from an exceptionally significant event; or
    (6) A reconstructed building or ensemble of buildings of 
extraordinary national significance when accurately executed in a 
suitable environment and presented in a dignified manner as part of a 
restoration master plan, and when

[[Page 338]]

no other buildings or structures with the same association have 
survived; or
    (7) A property primarily commemorative in intent if design, age, 
tradition, or symbolic value has invested it with its own national 
historical significance; or
    (8) A property achieving national significance within the past 50 
years if it is of extraordinary national importance.



Sec. 65.5  Designation of National Historic Landmarks.

    Potential National Historic Landmarks are identified primarily by 
means of theme studies and in some instances by special studies. 
Nominations and recommendations made by the appropriate State officials, 
Federal Preservation Officers and other interested parties will be 
considered in scheduling and conducting studies.
    (a) Theme studies. NPS defines and systematically conducts organized 
theme studies which encompass the major aspects of American history. The 
theme studies provide a contextual framework to evaluate the relative 
significance of historic properties and determine which properties meet 
National Historic Landmark criteria. Theme studies will be announced in 
advance through direct notice to appropriate State officials, Federal 
Preservation Officers and other interested parties and by notice in the 
Federal Register. Within the established thematic framework, NPS will 
schedule and conduct National Historic Landmark theme studies according 
to the following priorities. Themes which meet more of these priorities 
ordinarily will be studied before those which meet fewer of the 
priorities:
    (1) Theme studies not yet begun as identified in ``History and 
Prehistory in the National Park System,'' 1982.
    (2) Theme studies in serious need of revision.
    (3) Theme studies which relate to a significant number of properties 
listed in the National Register bearing opinions of State Historic 
Preservation Officers and Federal Preservation Officers that such 
properties are of potential national significance. (Only those 
recommendations which NPS determines are likely to meet the landmarks 
criteria will be enumerated in determining whether a significant number 
exists in a theme study.)
    (4) Themes which reflect the broad planning needs of NPS and other 
Federal agencies and for which the funds to conduct the study are made 
available from sources other than the regularly programmed funds of the 
National Historic Landmarks Program.
    (b) Special Studies. NPS will conduct special studies for historic 
properties outside of active theme studies according to the following 
priorities:
    (1) Studies authorized by Congress or mandated by Executive Order 
will receive the highest priority.
    (2) Properties which NPS determines are endangered and potentially 
meet the National Historic Landmarks criteria, whether or not the theme 
in which they are significant has been studied.
    (3) Properties listed in the National Register bearing State or 
Federal agency recommendations of potential national significance where 
NPS concurs in the evaluation and the property is significant in a theme 
already studied.
    (c)(1) When a property is selected for study to determine its 
potential for designation as a National Historic Landmark, NPS will 
notify in writing, except as provided below, (i) the owner(s), (ii) the 
chief elected local official, (iii) the appropriate State official, (iv) 
the Members of Congress who represent the district and State in which 
the property is located, and, (v) if the property is on an Indian 
reservation, the chief executive officer of the Indian tribe, that it 
will be studied to determine its potential for designation as a National 
Historic Landmark. This notice will provide information on the National 
Historic Landmarks Program, the designation process and the effects of 
designation.
    (2) When the property has more than 50 owners, NPS will notify in 
writing (i) the chief elected local official, (ii) the appropriate State 
official, (iii) the Members of Congress who represent the district and 
State in which the property is located, and, (iv) if the property is on 
an Indian reservation, the chief executive officer of the Indian tribe, 
and (v) provide general notice to the property owners. This general 
notice

[[Page 339]]

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

[[Page 340]]

majority of owners have so objected. If an owner whose name did not 
appear on the list certifies in a written notarized statement that the 
party is the sole or partial owner of a nominated private property such 
owner shall be counted by NPS in determining whether a majority of 
owners has objected. Each owner of private property in a district has 
one vote regardless of how many properties or what part of one property 
that party owns and regardless of whether the property contributes to 
the significance of the district.
    (6) The commenting period following notification can be waived only 
when all property owners and the chief elected local official have 
agreed in writing to the waiver.
    (e)(1) The Advisory Board evalutes such factors as a property's 
significance, integrity, proposed boundaries and the professional 
adequancy of the study. If the Board finds that these conditions are 
met, it may recommend to the Secretary that a property be designated or 
declared eligible for designation as a National Historic Landmark. If 
one or more of the conditions are not met, the Board may recommend that 
the property not be designated a landmark or that consideration of it be 
deferred for further study, as appropriate. In making its 
recommendation, the Board shall state, if possible, whether or not it 
finds that the criteria of the landmarks program have been met. A simple 
majority is required to make a recommendation of designation. The 
Board's recommendations are advisory.
    (2) Studies submitted to the Advisory Board (or the Consulting 
Committee previously under the Heritage Conservation and Recreation 
Service) before the effective date of these regulations need not be 
resubmitted to the Advisory Board. In such instances, if a property 
appears to qualify for designation, NPS will provide notice and a copy 
of the study report to the parties as specified in paragraphs (d)(2) and 
(3) of this section and will provide at least 30 days in which to submit 
written comments and to provide an opportunity for owners to concur in 
or object to the designation.
    (3) The Director reviews the study report and the Advisory Board 
recommendations, certifies that the procedural requirements set forth in 
this section have been met and transmits the study reports, the 
recommendations of the Advisory Board, his recommendations and any other 
recommendations and comments received pertaining to the properties to 
the Secretary.
    (f) The Secretary reviews the nominations, recommendations and any 
comments and, based on the criteria set forth herein, makes a decision 
on National Historic Landmark designation. Properties that are 
designated National Historic Landmarks are entered in the National 
Register of Historic Places, if not already so listed.
    (1) If the private owner or, with respect to districts or individual 
properties with multiple ownership, the majority of such owners have 
objected to the designation by notarized statements, the Secretary shall 
not make a National Historic Landmark designation but shall review the 
nomination and make a determination of its eligibility for National 
Historic Landmark designation.
    (2) The Secretary may thereafter designate such properties as 
National Historic Landmarks only upon receipt of notarized statements 
from the private owner (or majority of private owners in the event of a 
district or a single property with multiple ownership) that they do not 
object to the designation.
    (3) The Keeper may list in the National Register properties 
considered for National Historic Landmark designation which do not meet 
the National Historic Landmark criteria but which do meet the National 
Register criteria for evaluation in 36 CFR part 60 or determine such 
properties eligible for the National Register if the private owners or 
majority of such owners in the case of districts object to designation. 
A property determined eligible for National Historic Landmark 
designation is determined eligible for the National Register.
    (g) Notice of National Historic Landmark designation, National 
Register listing, or a determination of eligibility will be sent in the 
same manner as specified in paragraphs (d)(2) and (3) of this section. 
For properties which are determined eligible the Advisory

[[Page 341]]

Council will also be notified. Notice will be published in the Federal 
Register.
    (h)(1) The Secretary may designate a National Historic Landmark 
without Advisory Board review through accelerated procedures described 
in this section when necessary to assist in the preservation of a 
nationally significant property endangered by a threat of imminent 
damage or destruction.
    (2) NPS will conduct the study and prepare a study report as 
described in paragraph (c)(4) of this section.
    (3) If a property appears to qualify for designation, the National 
Park Service will provide notice and a copy of the study report to the 
parties specified in paragraphs (d)(2) and (3) and will allow at least 
30 days for the submittal of written comments and to provide owners of 
private property an opportunity to concur in or object to designation as 
provided in paragraph (d)(5) of this section except that the commenting 
period may be less than 60 days.
    (4) The Director will review the study report and any comments, will 
certify that procedural requirements have been met, and will transmit 
the study report, his and any other recommendations and comments 
pertaining to the property to the Secretary.
    (5) The Secretary will review the nomination and recommendations and 
any comments and, based on the criteria set forth herein, make a 
decision on National Historic Landmark designation or a determination of 
eligibility for designation if the private owners or a majority of such 
owners of historic districts object.
    (6) Notice of National Historic Landmark designation or a 
determination of eligibility will be sent to the same parties specified 
in paragraphs (d)(2) and (3) of this section.



Sec. 65.6  Recognition of National Historic Landmarks.

    (a) Following designation of a property by the Secretary as a 
National Historic Landmark, the owner(s) will receive a certificate of 
designation. In the case of a district, the certificate will be 
delivered to the chief elected local official or other local official, 
or to the chief officer of a private organization involved with the 
preservation of the district, or the chief officer of an organization 
representing the owners of the district, as appropriate.
    (b) NPS will invite the owner of each designated National Historic 
Landmark to accept, free of charge, a landmark plaque. In the case of a 
district, the chief elected local official or other local official, or 
the chief officer of an organization involved in the preservation of the 
district, or chief officer of an organization representing the owners of 
the district, as appropriate, may accept the plaque on behalf of the 
owners. A plaque will be presented to properties where the appropriate 
recipient(s) (from those listed above) agrees to display it publicly and 
appropriately.
    (c) The appropriate recipient(s) may accept the plaque at any time 
after designation of the National Historic Landmark. In so doing owners 
give up none of the rights and privileges of ownership or use of the 
landmark property nor does the Department of the Interior acquire any 
interest in property so designated.
    (d) NPS will provide one standard certificate and plaque for each 
designated National Historic Landmark. The certificate and plaque remain 
the property of NPS. Should the National Historic Landmark designation 
at any time be withdrawn, in accordance with the procedures specified in 
Sec. 65.9 of these rules, or should the certificate and plaque not be 
publicly or appropriately displayed, the certificate and the plaque, if 
issued, will be reclaimed by NPS.
    (e) Upon request, and if feasible, NPS will help arrange and 
participate in a presentation ceremony.



Sec. 65.7  Monitoring National Historic Landmarks.

    (a) NPS maintains a continuing relationship with the owners of 
National Historic Landmarks. Periodic visits, contacts with State 
Historic Preservation Officers, and other appropriate means will be used 
to determine whether landmarks retain their integrity, to advise owners 
concerning accepted preservation standards and techniques and to update 
administrative records on the properties.

[[Page 342]]

    (b) Reports of monitoring activities form the basis for the annual 
report submitted to Congress by the Secretary of the Interior, as 
mandated by section 8, National Park System General Authorities Act of 
1970, as amended (90 Stat. 1940, 16 U.S.C. 1a-5). The Secretary's annual 
report will identify those National Historic Landmarks which exhibit 
known or anticipated damage or threats to their integrity. In evaluating 
National Historic Landmarks for listing in the report, the seriousness 
and imminence of the damage or threat are considered, as well as the 
integrity of the landmark at the time of designation taking into account 
the criteria in Sec. 65.4.
    (c) As mandated in section 9, Mining in the National Parks Act of 
1976 (90 Stat. 1342, 16 U.S.C. 1980), whenever the Secretary of the 
Interior finds that a National Historic Landmark may be irreparably lost 
or destroyed in whole or in part by any surface mining activity, 
including exploration for, removal or production of minerals or 
materials, the Secretary shall (1) notify the person conducting such 
activity of that finding;
    (2) Submit a report thereon, including the basis for his finding 
that such activity may cause irreparable loss or destruction of a 
National Historic Landmark, to the Advisory Council; and
    (3) Request from the Council advice as to alternative measures that 
may be taken by the United States to mitigate or abate such activity.
    (d) Monitoring activities described in this section, including the 
preparation of the mandated reports to Congress and the Advisory Council 
are carried out by NPS regional offices under the direction of the 
Preservation Assistance Division, NPS [Address: Chief, Resource 
Assistance Division, National Park Service, 440 G Street NW, Washington, 
DC 20243] in consultation with the History Division, NPS.



Sec. 65.8  Alteration of National Historic Landmark boundaries.

    (a) Two justifications exist for enlarging the boundary of a 
National Historic Landmark: Documentation of previously unrecognized 
significance or professional error in the original designation. 
Enlargement of a boundary will be approved only when the area proposed 
for addition to the National Historic Landmark possesses or contributes 
directly to the characteristics for which the landmark was designated.
    (b) Two justifications exist for reducing the boundary of a National 
Historic Landmark: Loss of integrity or professional error in the 
original designation. Reduction of a boundary will be approved only when 
the area to be deleted from the National Historic Landmark does not 
possess or has lost the characteristics for which the landmark was 
designated.
    (c) A proposal for enlargement or reduction of a National Historic 
Landmark boundary may be submitted to or can originate with the History 
Division, NPS. NPS may restudy the National Historic Landmark and 
subsequently make a proposal, if appropriate, in the same manner as 
specified in Sec. 65.5 (c) through (h). In the case of boundary 
enlargements only those owners in the newly nominated but as yet 
undesignated area will be notified and will be counted in determining 
whether a majority of private owners object to listing.
    (d)(1) When a boundary is proposed for a National Historic Landmark 
for which no specific boundary was identified at the time of 
designation, NPS shall provide notice, in writing, of the proposed 
boundary to (i) the owner(s); (ii) the appropriate State official; (iii) 
the chief elected local official; (iv) the Members of Congress who 
represent the district and State in which the landmark is located, and 
(v) if the property is located on an Indian reservation, the chief 
executive officer of the Indian tribe, and shall allow not less than 30 
nor more than 60 days for submitting written comments on the proposal. 
In the case of a landmark with more than 50 owners, the general notice 
specified in Sec. 65.5(d)(3) will be used. In the case of National 
Historic Landmark districts for which no boundaries have been 
established, proposed boundaries shall be published in the Federal 
Register for comment and be submitted to the Committee on Energy and 
Natural Resources of the United States Senate and to the Committee on 
Interior and

[[Page 343]]

Insular Affairs of the United States House of Representatives and not 
less than 30 nor more than 60 days shall be provided for the submittal 
of written comments on the proposed boundaries.
    (2) The proposed boundary and any comments received thereon shall be 
submitted to the Associated Director for National Register Programs, 
NPS, who may approve the boundary without reference to the Advisory 
Board or the Secretary.
    (3) NPS will provide written notice of the approved boundary to the 
same parties specified in paragraph (d)(1) of this section and by 
publication in the Federal Register.
    (4) Management of the activities described in paragraphs (d)(1), 
(2), and (3) of this section is handled by the National Register of 
Historic Places, NPS, [Address: National Register of Historic Places, 
National Park Service, Department of the Interior, Washington, DC 
20240].
    (e) A technical correction to a boundary may be approved by the 
Chief, History Division, without Advisory Board review or Secretarial 
approval. NPS will provide notice, in writing, of any technical 
correction in a boundary to the same parties specified in (d)(1).



Sec. 65.9  Withdrawal of National Historic Landmark designation.

    (a) National Historic Landmarks will be considered for withdrawal of 
designation only at the request of the owner or upon the initiative of 
the Secretary.
    (b) Four justifications exist for the withdrawal of National 
Historic Landmark designation:
    (1) The property has ceased to meet the criteria for designation 
because the qualities which caused it to be originally designated have 
been lost or destroyed, or such qualities were lost subsequent to 
nomination, but before designation;
    (2) Additional information shows conclusively that the property does 
not possess sufficient significance to meet the National Historic 
Landmark criteria;
    (3) Professional error in the designation; and
    (4) Prejudicial procedural error in the designation process.
    (c) Properties designated as National Historic Landmarks before 
December 13, 1980, can be dedesignated only on the grounds established 
in paragraph (a)(1) of this section.
    (d) The owner may appeal to have a property dedesignated by 
submitting a request for dedesignation and stating the grounds for the 
appeal as established in subsection (a) to the Chief, History Division, 
National Park Service, Department of the Interior, Washington, DC 20240. 
An appellant will receive a response within 60 days as to whether NPS 
considers the documentation sufficient to initiate a restudy of the 
landmark.
    (e) The Secretary may initiate a restudy of a National Historic 
Landmark and subsequently a proposal for withdrawal of the landmark 
designation as appropriate in the same manner as a new designation as 
specified in Sec. 65.5 (c) through (h). Proposals will not be submitted 
to the Advisory Board if the grounds for removal are procedural, 
although the Board will be informed of such proposals.
    (f)(1) The property will remain listed in the National Register if 
the Keeper determines that it meets the National Register criteria for 
evalution in 36 CFR 60.4, except if the property is redesignated on 
procedural grounds.
    (2) Any property from which designation is withdrawn because of a 
procedural error in the designation process shall automatically be 
considered eligible for inclusion in the National Register as a National 
Historic Landmark without further action and will be published as such 
in the Federal Register.
    (g)(1) The National Park Service will provide written notice of the 
withdrawal of a National Historic Landmark designation and the status of 
the National Register listing, and a copy of the report on which those 
actions are based to (i) the owner(s); (ii) the appropriate State 
official; (iii) the chief elected local official; (iv) the Members of 
Congress who represent the district and State in which the landmark is 
located; and (v) if the landmark is located on an Indian reservation, 
the chief executive officer of the Indian tribe. In the case of a 
landmark with

[[Page 344]]

more than 50 owners, the general notice specified in Sec. 65.5(d)(3) 
will be used.
    (2) Notice of withdrawal of designation and related National 
Register listing and determinations of eligibility will be published 
periodically in the Federal Register.
    (h) Upon withdrawal of a National Historic Landmark designation, NPS 
will reclaim the certificate and plaque, if any, issued for that 
landmark.
    (i) An owner shall not be considered as having exhausted 
administrative remedies with respect to dedesignation of a National 
Historic Landmark until after submitting an appeal and receiving a 
response from NPS in accord with these procedures.



Sec. 65.10  Appeals for designation.

    (a) Any applicant seeking to have a property designated a National 
Historic Landmark may appeal, stating the grounds for appeal, directly 
to the Director, National Park Service, Department of the Interior, 
Washington, DC 20240, under the following circumstances:
    Where the applicant--
    (1) Disagrees with the initial decision of NPS that the property is 
not likely to meet the criteria of the National Historic Landmarks 
Program and will not be submitted to the Advisory Board; or
    (2) Disagrees with the decision of the Secretary that the property 
does not meet the criteria of the National Historic Landmarks Program.
    (b) The Director will respond to the appellant within 60 days. After 
reviewing the appeal the Director may:
    (1) Deny the appeal;
    (2) Direct that a National Historic Landmark nomination be prepared 
and processed according to the regulations if this has not yet occurred; 
or
    (3) Resubmit the nomination to the Secretary for reconsideration and 
final decision.
    (c) Any person or organization which supports or opposes the 
consideration of a property for National Historic Landmark designation 
may submit an appeal to the Director, NPS, during the designation 
process either supporting or opposing the designation. Such appeals 
received by the Director before the study of the property or before its 
submission to the National Park System Advisory Board will be considered 
by the Director, the Advisory Board and the Secretary, as appropriate, 
in the designation process.
    (d) No person shall be considered to have exhausted administrative 
remedies with respect to failure to designate a property a National 
Historic Landmark until he or she has complied with the procedures set 
forth in this section.



PART 67--HISTORIC PRESERVATION CERTIFICATIONS PURSUANT TO SEC. 48(g) 
AND SEC. 170(h) OF THE INTERNAL REVENUE CODE OF 1986--Table of Contents




Sec.
67.1  Sec. 48(g) and Sec. 170(h) of the Internal Revenue Code of 1986.
67.2  Definitions.
67.3  Introduction to certifications of significance and rehabilitation 
          and information collection.
67.4  Certifications of historic significance.
67.5  Standards for Evaluating Significance within Registered Historic 
          Districts.
67.6  Certifications of rehabilitation.
67.7  Standards for Rehabilitation.
67.8  Certifications of statutes.
67.9  Certifications of State or local historic districts.
67.10  Appeals.
67.11  Fees for processing rehabilitation certification requests.

    Authority: Sec. 101(a)(1) of the National Historic Preservation Act 
of 1966, 16 U.S.C. 470a-1(a)(170 ed.), as amended; Sec. 48(g) of the 
Internal Revenue Code of 1986 (90 Stat. 1519, as amended by 100 Stat. 
2085) 26 U.S.C. 48(g); and Sec. 170(h) of the Internal Revenue Code of 
1986 (94 Stat. 3204) 26 U.S.C. 170(h).

    Source: 54 FR 6771, Feb. 26, 1990, unless otherwise noted.



Sec. 67.1  Sec. 48(g) and Sec. 170(h) of the Internal Revenue Code of 1986.

    (a) Sec. 48(g) of the Internal Revenue Code of 1986, 90 Stat. 1519, 
as amended by 100 Stat. 2085, and Sec. 170(h) of the Internal Revenue 
Code of 1986, 94 Stat. 3204, require the Secretary to make 
certifications of historic district statutes and of State and local 
districts,

[[Page 345]]

certifications of significance, and certifications of rehabilitation in 
connection with certain tax incentives involving historic preservation. 
These certification responsibilities have been delegated to the National 
Park Service (NPS); the following five regional offices issue 
certifications for the States listed below them.

    Alaska Regional Office, National Park Service, 2525 Gambell Street, 
Room 107, Anchorage, Alaska 99503:

Alaska

    Mid-Atlantic Regional Office, National Park Service, U.S. Customs 
House, Second Floor, Second and Chestnut Streets, Philadelphia, 
Pennsylvania 19106:


Connecticut

Delaware

District of Columbia

Indiana

Maine

Maryland

Massachusetts

Michigan

New Hampshire

New Jersey

New York

Ohio

Pennsylvania

Rhode Island

Vermont

Virginia

West Virginia

    Rocky Mountain Regional Office, National Park Service, 12795 West 
Alameda Parkway, P.O. Box 25287, Denver, Colorado 80225:


Colorado

Illinois

Iowa

Kansas

Minnesota

Missouri

Montana

Nebraska

New Mexico

North Dakota

Oklahoma

South Dakota

Texas

Utah

Wisconsin

Wyoming

    Southeast Regional Office, National Park Service, 75 Spring Street 
SW, Atlanta, Georgia 30303:


Alabama

Arkansas

Florida

Georgia

Kentucky

Louisiana

Mississippi

North Carolina

Puerto Rico

South Carolina

Tennessee

Virgin Islands

    Western Regional Office, National Park Service, 450 Golden Gate 
Avenue, P.O. Box 36063, San Francisco, California 94102:


Arizona

California

Hawaii

Idaho

Nevada

Oregon

Washington

    (b) The Washington office of the NPS establishes program direction 
and considers appeals of certification denials. The procedures for 
obtaining certifications are set forth below. It is the responsibility 
of owners wishing certifications to provide sufficient documentation to 
the Secretary to make certification decisions. These procedures, upon 
their effective date, are applicable to future and pending certification 
requests, except as otherwise provided herein.
    (c) States receiving Historic Preservation Fund grants from the 
Department participate in the review of requests for certification, 
through recommendations to the Secretary by the State Historic 
Preservation Officer (SHPO). The SHPO acts on behalf of the State in 
this capacity and, therefore, the NPS is not responsible for any 
actions, errors or omissions of the SHPO.

[[Page 346]]

    (1) Requests for certifications and approvals of proposed 
rehabilitation work are sent by an owner first to the appropriate SHPO 
for review. State comments are recorded on National Park Service Review 
Sheets (NPS Forms 10-168 (d) and (e)) and are carefully considered by 
the Secretary before a certification decision is made. Recommendations 
of States with approved State programs are generally followed, but by 
law, all certification decisions are made by the Secretary, based upon 
professional review of the application and related information. The 
decision of the Secretary may differ from the recommendation of the 
SHPO.
    (2) A State may choose not to participate in the review of 
certification requests. States not wishing to participate in the comment 
process should notify the Secretary in writing of this fact. Owners from 
such nonparticipating States may request certifications by sending their 
applications directly to the appropriate NPS regional office listed 
above. In all other situations, certification requests are sent first to 
the appropriate SHPO.
    (d) The Internal Revenue Service is responsible for all procedures, 
legal determinations, and rules and regulations concerning the tax 
consequences of the historic preservation provisions described in this 
part. Any certification made by the Secretary pursuant to this part 
shall not be considered as binding upon the Internal Revenue Service or 
the Secretary of the Treasury with respect to tax consequences under the 
Internal Revenue Code. For example, certifications made by the Secretary 
do not constitute determinations that a structure is of the type subject 
to the allowance for depreciation under section 167 of the Code.



Sec. 67.2  Definitions.

    As used in these regulations:
    Certified Historic Structure means a building (and its structural 
components) which is of a character subject to the allowance for 
depreciation provided in section 167 of the Internal Revenue Code of 
1986 which is either:
    (a) Individually listed in the National Register; or
    (b) Located in a registered historic district and certified by the 
Secretary as being of historic significance to the district.
    Portions of larger buildings, such as single condominium apartment 
units, are no independently considered certified historic structures. 
Rowhouses, even with abutting or party walls, are considered as separate 
buildings. For purposes of the certification decisions set forth in this 
part, a certified historic structure encompasses the historic building 
and its site, landscape features, and environment, generally referred to 
herein as a ``property'' as defined below. The NPS decision on listing a 
property in the National Register of Historic Places, including boundary 
determinations, does not limit the scope of review of the rehabilitation 
project for tax certification purposes. Such review will include the 
entire historic property as it existed prior to rehabilitation and any 
related new construction. For purposes of the charitable contribution 
provisions only, a certified historic structure need not be depreciable 
to qualify; may be a structure other than a building; and may also be a 
remnant of a building such as a facade, if that is all that remains. For 
purposes of the other rehabilitation tax credits under section 48(g) of 
the Internal Revenue Code, any property located in a registered historic 
district is considered a certified historic structure so that other 
rehabilitation tax credits are not available; exemption from this 
provision can generally occur only if the Secretary has determined, 
prior to the rehabilitation of the property, that it is not of historic 
significance to the district.
    Certified Rehabilitation means any rehabilitation of a certified 
historic structure which the Secretary has certified to the Secretary of 
the Treasury as being consistent with the historic character of the 
certified historic structure and, where applicable, with the district in 
which such structure is located.
    Duly Authorized Representative means a State or locality's Chief 
Elected Official or his or her representative who is authorized to apply 
for certification of State/local statutes and historic districts.
    Historic District means a geographically definable area, urban or 
rural,

[[Page 347]]

that possesses a significant concentration, linkage or continuity of 
sites, buildings, structures or objects united historically or 
aesthetically by plan or physical development. A district may also 
comprise individual elements separated geographically during the period 
of significance but linked by association or function.
    Inspection means a visit by an authorized representative of the 
Secretary or a SHPO to a certified historic structure for the purposes 
of reviewing and evaluating the significance of the structure and the 
ongoing or completed rehabilitation work.
    National Register of Historic Places means the National Register of 
districts, sites, buildings, structures, and objects significant in 
American history, architecture, archeology, engineering, and culture 
that the Secretary is authorized to expand and maintain pursuant to 
section 101(a)(1) of the National Historic Preservation Act of 1966, as 
amended. The procedures of the National Register appear in 36 CFR part 
60 et seq.
    Owner means a person, partnership, corporation, or public agency 
holding a fee-simple interest in a property or any other person or 
entity recognized by the Internal Revenue Code for purposes of the 
applicable tax benefits.
    Property means a building and its site and landscape features.
    Registered Historic District means any district listed in the 
National Register or any district which is:
    (a) Designated under a State or local statute which has been 
certified by the Secretary as containing criteria which will 
substantially achieve the purpose of preserving and rehabilitating 
buildings of significance to the district, and
    (b) Certified by the Secretary as meeting substantially all of the 
requirements for the listing of districts in the National Register.
    Rehabilitation means the process of returning a building or 
buildings to a state of utility, through repair or alteration, which 
makes possible an efficient use while preserving those portions and 
features of the building and its site and environment which are 
significant to its historic, architectural, and cultural values as 
determined by the Secretary.
    Standards for Rehabilitation means the Secretary's Standards for 
Rehabilitation set forth in section 67.7 hereof.
    State Historic Preservation Officer means the official within each 
State designated by the Governor or a State statute to act as liaison 
for purposes of administering historic preservation programs within that 
State.
    State or Local Statute means a law of a State or local government 
designating, or providing a method for the designation of, a historic 
district or districts.

[54 FR 6771, Feb. 26, 1990, as amended at 62 FR 30235, June 3, 1997]



Sec. 67.3  Introduction to certifications of significance and 
rehabilitation and information collection.

    (a) Who may apply:
    (1) Ordinarily, only the fee simple owner of the property in 
question may apply for the certifications described in Secs. 67.4 and 
67.6 hereof. If an application for an evaluation of significance or 
rehabilitation project is made by someone other than the fee simple 
owner, however, the application must be accompanied by a written 
statement from the fee simple owner indicating that he or she is aware 
of the application and has no objection to the request for 
certification.
    (2) Upon request of a SHPO the Secretary may determine whether or 
not a particular property located within a registered historic district 
qualifies as a certified historic structure. The Secretary shall do so, 
however, only after notifying the fee simple owner of record of the 
request, informing such owner of the possible tax consequences of such a 
decision, and permitting the property owner a 30-day time period to 
submit written comments to the Secretary prior to decision. Such time 
period for comment may be waived by the fee simple owner.
    (3) The Secretary may undertake the certifications described in 
Secs. 67.4 and 67.6 on his own initiative after notifying the fee simple 
owner and the SHPO and allowing a comment period as specified in 
Sec. 67.3(a)(2).
    (4) Owners of properties which appear to meet National Register 
criteria but are yet listed in the National Register or which are 
located within potential

[[Page 348]]

historic districts may request preliminary determinations from the 
Secretary as to whether such properties may qualify as certified 
historic structures when and if the properties or the potential historic 
districts in which they are located are listed in the National Register. 
Preliminary determinations may also be requested for properties outside 
the period or area of significance of registered historic districts as 
specified in Sec. 67.5(c). Procedures for obtaining these determinations 
shall be the same as those described in Sec. 67.4. Such determinations 
are preliminary only and are not binding on the Secretary. Preliminary 
determinations of significance will become final as of the date of the 
listing of the individual property or district in the National Register. 
For properties outside the period or area of significance of a 
registered historic district, preliminary determinations of significance 
will become final, except as provided below, when the district 
documentation on file with the NPS is formally amended. If during review 
of a request for certification of rehabilitation, it is determined that 
the property does not contribute to the significance of the district 
because of changes which occurred after the preliminary determination of 
significance was made, certified historic structure designation will be 
denied.
    (5) Owners of properties not yet designated certified historic 
structures may obtain determinations from the Secretary on whether or 
not rehabilitation proposals meet the Secretary's Standards for 
Rehabilitation. Such determinations will be made only when the owner has 
requested a preliminary determination of the significance of the 
property as described in paragraph (a)(4) of this section and such 
request for determination has been acted upon by the NPS. Final 
certifications of rehabilitation will be issued only to owners of 
certified historic structures. Procedures for obtaining these 
determinations shall be the same as those described in sec. 67.6.
    (b) How to apply:
    (1) Requests for certifications of historic significance and of 
rehabilitation shall be made on Historic Preservation Certification 
Applications (NPS Form No. 10-168). Normally, two copies of the 
application are required; one to be retained by the SHPO and the other 
to be forwarded to the NPS. The information collection requirements 
contained in the application and in this part have been approved by the 
Office of Management and Budget under 44 U.S.C. 3507 and assigned 
clearance number 1024-0009. Part 1 of the application shall be used in 
requesting a certification of historic significance or nonsignificance 
and preliminary determinations, while part 2 of the application shall be 
used in requesting an evaluation of a proposed rehabilitation project 
or, in conjunction with a Request for Certification of Completed Work, a 
certification of a completed rehabilitation project. Information 
contained in the application is required to obtain a benefit. Public 
reporting burden for this form is estimated to average 2.5 hours per 
response including the time for reviewing instructions, gathering and 
maintaining data, and completing and reviewing the form. Direct comments 
regarding this burden estimate or any aspect of this form may be made to 
the Chief, Administrative Services Division, National Park Service, P.O. 
Box 37127, Washington, DC 20013-7127 and to the Office of Management and 
Budget, Paperwork Reduction Project Number 1024-0009, Washington, DC 
20503.
    (2) Application forms are available from NPS regional offices or the 
SHPOs.
    (3) Requests for certifications, preliminary determinations, and 
approvals of proposed rehabilitation projects shall be sent to the SHPO 
in participating States. Requests in nonparticipating States shall be 
sent directly to the appropriate NPS regional office.
    (4) Generally reviews of certification requests are concluded within 
60 days of receipt of a complete, adequately documented application, as 
defined Sec. 67.4 and Sec. 67.6 (30 days at the State level and 30 days 
at the Federal level). Where a State has chosen not to participate in 
the review process, review by the NPS generally is concluded within 60 
days of receipt of a complete, adequately documented application. Where 
adequate documentation is not provided, the owner will be notified of 
the additional information needed to

[[Page 349]]

undertake or complete review. The time periods in this part are based on 
the receipt of a complete application; they will be adhered to as 
closely as possible and are defined as calendar days. They are not, 
however, considered to be mandatory, and the failure to complete review 
within the designated periods does not waive or alter any certification 
requirement.
    (5) Approval of applications and amendments to applications is 
conveyed only in writing by duly authorized officials of the NPS acting 
on behalf of the Secretary. Decisions with respect to certifications are 
made on the basis of the descriptions contained in the application form 
and other available information. In the event of any discrepancy between 
the application form and other, supplementary material submitted with it 
(such as architectural plans, drawings, specifications, etc.), the 
applicant shall be requested to resolve the discrepancy in writing. In 
the event the discrepancy is not resolved, the description in the 
application form shall take precedence. Falsification of factual 
representations in the application is subject to criminal sanctions of 
up to $10,000 in fines or imprisonment for up to five years pursuant to 
18 U.S.C. 1001.
    (6) It is the owner's responsibility to notify the Secretary if 
application reviews are not completed within the time periods specified 
above. The Secretary in turn will consult with the appropriate office to 
ensure that the review is completed in as timely manner as possible in 
the circumstances.
    (7) Although certifications of significance and rehabilitation are 
discussed separately below, owners must submit part 1 of the Historic 
Preservation Certification Application prior to, or with, part 2. Part 2 
of the application will not be processed until an adequately documented 
part 1 is on file and acted upon unless the property is already a 
certified historic structure. Reviews of rehabilitation projects will 
also not be undertaken if the owner has objected to the listing of the 
property in the National Register.



Sec. 67.4  Certifications of historic significance.

    (a) Requests for certifications of historic significance should be 
made by the owner to determine--
    (1) That a property located within a registered historic district is 
of historic significance to such district; or
    (2) That a property located within a registered historic district is 
not of historic significance to such district; or
    (3) That a property not yet on the National Register appears to meet 
National Register criteria; or
    (4) That a property located within a potential historic district 
appears to contribute to the significance of such district.
    (b) To determine whether or not a property is individually listed or 
is part of a district in the National Register, the owner may consult 
the listing of National Register properties in the Federal Register 
(found in most large libraries), or contact the appropriate SHPO for 
current information.
    (c) If a property is located within the boundaries of a registered 
historic district and the owner wishes the Secretary to certify whether 
the property contributes or does not contribute to the historic 
significance of the district or if the owner is requesting a preliminary 
determination of significance in accordance with Sec. 67.3(a)(4), the 
owner must complete part 1 of the Historic Preservation Certification 
Application according to instructions accompanying the application. Such 
documentation includes but is not limited to:
    (1) Name and mailing address of owner;
    (2) Name and address of property;
    (3) Name of historic district;
    (4) Current photographs of property; photographs of the building and 
its site and landscape features prior to alteration if rehabilitation 
has been completed; photograph(s) showing the property along with 
adjacent properties and structures on the street; and photographs of 
interior features and spaces adequate to document significance;

[[Page 350]]

    (5) Brief description of appearance including alterations, 
distinctive features and spaces, and date(s) of construction;
    (6) Brief statement of significance summarizing how the property 
does or does not reflect the values that give the district its 
distinctive historical and visual character, and explaining any 
significance attached to the property itself (i.e., unusual building 
techniques, important event that took place there, etc.).
    (7) Sketch map clearly delineating property's location within the 
district; and
    (8) Signature of fee simple owner requesting or concurring in a 
request for evaluation.
    (d) If a property is individually listed in the National Register, 
it is generally considered a certified historic structure and no further 
certification is required. More specific considerations in this regard 
are as follows:
    (1) If the property is individually listed in the National Register 
and the owner believes it has lost the characteristics which caused it 
to be nominated and therefore wishes it delisted, the owner should refer 
to the delisting procedures outlined in 36 CFR part 60.
    (2) Some properties individually listed in the National Register 
include more than one building. In such cases, the owner must submit a 
single part 1 application, as described in paragraph (c) of this 
section, which includes descriptions of all the buildings within the 
listing. The Secretary will utilize the Standards for Evaluating 
Significance within Registered Historic Districts (Sec. 67.5) for the 
purpose of determining which of the buildings included within the 
listing are of historic significance to the property. The requirements 
of this paragraph are applicable to certification requests received by 
the SHPOs (and the NPS regional offices in the case of nonparticipating 
States only) upon the effective date of these regulations.
    (e) Properties containing more than one building where the buildings 
are judged by the Secretary to have been functionally related 
historically to serve an overall purpose, such as a mill complex or a 
residence and carriage house, will be treated as a single certified 
historic structure, whether the property is individually listed in the 
National Register or is located within a registered historic district, 
when rehabilitated as part of an overall project. Buildings that are 
functionally related historically are those which have functioned 
together to serve an overall purpose during the property's period of 
significance. In the case of a property within a registered historic 
district which contains more than one building where the buildings are 
judged to be functionally related historically, an evaluation will be 
made to determine whether the component buildings contribute to the 
historic significance of the property and whether the property 
contributes to the significance of the historic district as in 
Sec. 67.4(i). For questions concerning demolition of separate structures 
as part of an overall rehabilitation project, see Sec. 67.6.
    (f) Applications for preliminary determinations for individual 
listing must show how the property individually meets the National 
Register Criteria for Evaluation. An application for a property located 
in a potential historic district must document how the district meets 
the criteria and how the property contributes to the significance of 
that district. An application for a preliminary determination for a 
property in a registered historic district which is outside the period 
or area of significance in the district documentation on file with the 
NPS must document and justify the expanded significance of the district 
and how the property contributes to the significance of the district or 
document the individual significance of the property. Applications must 
contain substantially the same level of documentation as National 
Register nominations, as specified in 36 CFR part 60 and National 
Register Bulletin 16, ``Guidelines for Completing National Register of 
Historic Places Forms'' (available from SHPOs and NPS regional offices). 
Applications must also include written assurance from the SHPO that the 
district nomination is being revised to expand its significance or, for 
certified districts, written assurance from the duly authorized 
representative that the district documentation is being revised to 
expand its significance, or that the

[[Page 351]]

SHPO is planning to nominate the property or the district. Owners should 
understand that confirmation of intent to nominate by a SHPO does not 
constitute listing in the National Register, nor does it constitute a 
certification of significance as required by law for Federal tax 
incentives. Owners should further understand that they are proceeding at 
their own risk. If the property or district is not listed in the 
National Register for procedural, substantive or other reasons; if the 
district documentation is not formally amended; or if the significance 
of the property has been lost as a result of alterations or damage, 
these preliminary determinations of significance will not become final. 
The SHPO must nominate the property or the district or the SHPO for 
National Register districts and the duly authorized representative in 
the case of certified districts must submit documentation and have it 
approved by the NPS to amend the National Register nomination or 
certified district or the property or district must be listed before the 
preliminary certification of significance can become final.
    (g) For purposes of the other rehabilitation tax credits under sec. 
48(g) of the Internal Revenue Code, properties within registered 
historic districts are presumed to contribute to the significance of 
such districts unless certified as nonsignificant by the Secretary. 
Owners of nonhistoric properties within registered historic districts, 
therefore, must obtain a certification of nonsignificance in order to 
qualify for those investment tax credits. If an owner begins or 
completes a substantial alteration (within the meaning of sec. 167(n) of 
the Internal Revenue Code) of a property in a registered historic 
district without knowledge of requirements for certification of 
nonsignificance, he or she may request certification that the property 
was not of historic significance to the district prior to substantial 
alteration in the same manner as stated in sec. 67.4(c). The owner 
should be aware, however, of the requirements under sec. 48(g) of the 
Internal Revenue Code that the taxpayer must certify to the Secretary of 
the Treasury that, at the beginning of such substantial alteration, he 
or she in good faith was not aware of the certification requirement by 
the Secretary of the Interior.
    (h) The Secretary discourages the moving of historic buildings from 
their original sites. However, if a building is to be moved as part of a 
rehabilitation for which certification is sought, the owner must follow 
different procedures depending on whether the building is individually 
listed in the National Register or is within a registered historic 
district. When a building is moved, every effort should be made to re-
establish its historic orientation, immediate setting, and general 
environment. Moving a building may result in removal of the property 
from the National Register or, for buildings within a registered 
historic district, denial or revocation of a certification of 
significance; consequently, a moved building may, in certain 
circumstances, be ineligible for rehabilitation certification.
    (1) Documentation must be submitted that demonstrates:
    (i) The effect of the move on the building's integrity and 
appearance (any proposed demolition, proposed changes in foundations, 
etc.);
    (ii) Photographs of the site and general environment of the proposed 
site;
    (iii) Evidence that the proposed site does not possess historical 
significance that would be adversely affected by the moved building;
    (iv) The effect of the move on the distinctive historical and visual 
character of the district, where applicable; and
    (v) The method to be used for moving the building.
    (2) For buildings individually listed in the National Register, the 
procedures contained in 36 CFR part 60 must be followed prior to the 
move, or the building will be removed from the National Register, will 
not be considered a certified historic structure, and will have to be 
renominated for listing. The owner may submit a part 1 application in 
order to receive a preliminary determination from the NPS of whether a 
move will cause the property to be removed from the National Register. 
However, preliminary approval of such a part 1 application does not 
satisfy the requirements of 36 CFR part 60. The SHPO must follow the 
remaining procedures in that regulation so that the

[[Page 352]]

NPS can determine that the moved building will remain listed in the 
National Register and retain its status as a certified historic 
structure.
    (3) If an owner moves (or proposes to move) a building into a 
registered historic district or moves (or proposes to move) a building 
elsewhere within a registered historic district, a part 1 application 
containing the required information described in paragraph (h)(1) of 
this section must be submitted. The building to be moved will be 
evaluated to determine if it contributes to the historic significance of 
the district both before and after the move as in Sec. 67.4(i).
    (i) Properties within registered historic districts will be 
evaluated to determine if they contribute to the historic significance 
of the district by application of the Secretary's Standards for 
Evaluating Significance within Registered Historic Districts as set 
forth in Sec. 67.5.
    (j) Once the significance of a property located within a registered 
historic district or a potential historic district has been determined 
by the Secretary, written notification will be sent to the owner and the 
SHPO in the form of a certification of significance or nonsignificance.
    (k) Owners shall report to the Secretary through the SHPO any 
substantial damage, alteration or changes to a property that occurs 
after issuance of a certification of significance and prior to a final 
certification of rehabilitation. The Secretary may withdraw a 
certification of significance, upon thirty days notice to the owner, if 
a property has been damaged, altered or changed effective as of the date 
of the occurrence. The property may also be removed from the National 
Register, in accordance with the procedures in 36 CFR part 60. A 
revocation of certification of significance pursuant to this part may be 
appealed under Sec. 67.10. For damage, alteration or changes caused by 
unacceptable rehabilitation work, see Sec. 67.6(f).



Sec. 67.5  Standards for Evaluating Significance within Registered 
Historic Districts.

    (a) Properties located within registered historic districts are 
reviewed by the Secretary to determine if they contribute to the 
historic significance of the district by applying the following 
Standards for Evaluating Significance within Registered Historic 
Districts.
    (1) A building contributing to the historic significance of a 
district is one which by location, design, setting, materials, 
workmanship, feeling and association adds to the district's sense of 
time and place and historical development.
    (2) A building not contributing to the historic significance of a 
district is one which does not add to the district's sense of time and 
place and historical development; or one where the location, design, 
setting, materials, workmanship, feeling and association have been so 
altered or have so deteriorated that the overall integrity of the 
building has been irretrievably lost.
    (3) Ordinarily buildings that have been built within the past 50 
years shall not be considered to contribute to the significance of a 
district unless a strong justification concerning their historical or 
architectural merit is given or the historical attributes of the 
district are considered to be less than 50 years old.
    (b) A condemnation order may be presented as evidence of physical 
deterioration of a building but will not of itself be considered 
sufficient evidence to warrant certification of nonsignificance for loss 
of integrity. In certain cases it may be necessary for the owner to 
submit a structural engineer's report to help substantiate physical 
deterioration and/or structural damage. Guidance on preparing a 
structural engineer's report is available from the appropriate SHPO or 
NPS regional office.
    (c) Some properties listed in the National Register, primarily 
districts, are resources whose concentration or continuity possesses 
greater historical significance than many of their individual component 
buildings and structures. These usually are documented as a group rather 
than individually. Accordingly, this type of National Register 
documentation is not conclusive for the purposes of this part and must 
be supplemented with information on the significance of the specific 
property.

[[Page 353]]

Certifications of significance and nonsignificance will be made on the 
basis of the application documentation, existing National Register 
documentation, and other available information as needed. The Keeper may 
amend the National Register documentation by issuing a supplementary 
record if the application material warrants such an amendment. If a 
certification request is received for a property which is not yet listed 
on the National Register or which is outside a district's established 
period or area of significance, a preliminary determination of 
significance will be issued only if the request includes adequate 
documentation and if there is written assurance from the SHPO that the 
SHPO plans to nominate the property or district or that the district 
nomination in question is being revised to expand its significance or 
for certified districts, written assurance from the duly authorized 
representative that the district documentation is being revised to 
expand the significance. Certifications will become final when the 
property or district is listed or when the district documentation is 
officially amended unless the significance of the property has been lost 
as a result of alteration or damage. For procedures on amending listings 
to the National Register and additional information on the use of 
National Register documentation and the supplementary record which is 
contained in National Register Bulletin 19, ``Policies and Procedures 
for Processing National Register Nominations,'' consult the appropriate 
SHPO or NPS regional office.
    (d) Where rehabilitation credits are sought, certifications of 
significance will be made on the appearance and condition of the 
property before rehabilitation was begun.
    (e) If a nonhistoric surface material obscures a facade, it may be 
necessary for the owner to remove a portion of the surface material 
prior to requesting certification so that a determination of 
significance or nonsignificance can be made. After the material has been 
removed, if the obscured facade has retained substantial historic 
integrity and the property otherwise contributes to the historic 
district, it will be determined to be a certified historic structure. 
However, if the obscuring material remains when a determination of 
nonsignificance is requested under Sec. 67.4(a)(2), the property will be 
presumed to contribute to the historic significance of the district, if 
otherwise qualified, and, therefore, not eligible for the other tax 
credits under section 48(g) of the Internal Revenue Code.
    (f) Additional guidance on certifications of historic significance 
is available from SHPOs and NPS regional offices.



Sec. 67.6  Certifications of rehabilitation.

    (a) Owners who want rehabilitation projects for certified historic 
structures to be certified by the Secretary as being consistent with the 
historic character of the structure, and, where applicable, the district 
in which the structure is located, thus qualifying as a certified 
rehabilitation, shall comply with the procedures listed below. A fee, as 
described in Sec. 67.11, for reviewing all proposed, ongoing, or 
completed rehabilitation work is charged by the Secretary. No 
certification decisions will be issued on any application until the 
appropriate remittance is received.
    (1) To initiate review of a rehabilitation project for certification 
purposes, an owner must complete part 2 of the Historic Preservation 
Certification Application according to instructions accompanying the 
application. These instructions explain in detail the documentation 
required for certification of a rehabilitation project. The application 
may describe a proposed rehabilitation project, a project in progress, 
or a completed project. In all cases, documentation, including 
photographs adequate to document the appearance of the structure(s), 
both on the exterior and on the interior, and its site and environment 
prior to rehabilitation must accompany the application. The social 
security or taxpayer identification number(s) of all owners must be 
provided in the application. Other documentation, such as window surveys 
or cleaning specifications, may be required by reviewing officials to 
evaluate certain rehabilitation projects. Plans for any attached, 
adjacent, or related new construction must also accompany the 
application. Where necessary documentation is not provided,

[[Page 354]]

review and evaluation may not be completed and a denial of certification 
will be issued on the basis of lack of information. Owners are strongly 
encouraged to submit part 2 of the application prior to undertaking any 
rehabilitation work. Owners who undertake rehabilitation projects 
without prior approval from the Secretary do so strictly at their own 
risk. Because the circumstances of each rehabilitation project are 
unique to the particular certified historic structure involved, 
certifications that may have been granted to other rehabilitations are 
not specifically applicable and may not be relied on by owners as 
applicable to other projects.
    (2) A project does not become a certified rehabilitation until it is 
completed and so designated by the NPS. A determination that the 
completed rehabilitation of a property not yet designated a certified 
historic structure meets the Secretary's Standards for Rehabilitation 
does not constitute a certification of rehabilitation. When requesting 
certification of a completed rehabilitation project, the owner shall 
submit a Request for Certification of Completed Work (NPS Form 10-168c) 
and provide the project completion date and a signed statement that the 
completed rehabilitation project meets the Secretary's Standards for 
Rehabilitation and is consistent with the work described in part 2 of 
the Historic Preservation Certification Application. Also required in 
requesting certification of a completed rehabilitation project are costs 
attributed to the rehabilitation, photographs adequate to document the 
completed rehabilitation, and the social security or taxpayer 
identification number(s) of all owners.
    (b) A rehabilitation project for certification purposes encompasses 
all work on the interior and exterior of the certified historic 
structure(s) and its site and environment, as determined by the 
Secretary, as well as related demolition, new construction or 
rehabilitation work which may affect the historic qualities, integrity 
or site, landscape features, and environment of the certified historic 
structure(s). More specific considerations in this regard are as 
follows:
    (1) All elements of the rehabilitation project must meet the 
Secretary's ten Standards for Rehabilitation (Sec. 67.7); portions of 
the rehabilitation project not in conformance with the Standards may not 
be exempted. In general, an owner undertaking a rehabilitation project 
will not be held responsible for prior rehabilitation work not part of 
the current project, or rehabilitation work that was undertaken by 
previous owners or third parties.
    (2) However, if the Secretary considers or has reason to consider 
that a project submitted for certification does not include the entire 
rehabilitation project subject to review hereunder, the Secretary may 
choose to deny a rehabilitation certification or to withhold a decision 
on such a certification until such time as the Internal Revenue Service, 
through a private letter ruling, has determined, pursuant to these 
regulations and applicable provisions of the Internal Revenue Code and 
income tax regulations, the proper scope of the rehabilitation project 
to be reviewed by the Secretary. Factors to be taken into account by the 
Secretary and the Internal Revenue Service in this regard include, but 
are not limited to, the facts and circumstance of each application and 
(i) whether previous demolition, construction or rehabilitation work 
irrespective of ownership or control at the time was in fact undertaken 
as part of the rehabilitation project for which certification is sought, 
and (ii) whether property conveyances, reconfigurations, ostensible 
ownership transfers or other transactions were transactions which 
purportedly limit the scope of a rehabilitation project for the purpose 
of review by the Secretary without substantially altering beneficial 
ownership or control of the property. The fact that a property may still 
qualify as a certified historic structure after having undergone 
inappropriate rehabilitation, construction or demolition work does not 
preclude the Secretary or the Internal Revenue Service from determining 
that such inappropriate work is part of the rehabilitation project to be 
reviewed by the Secretary.
    (3) Conformance to the Standards will be determined on the basis of 
the application documentation and other

[[Page 355]]

available information by evaluating the property as it existed prior to 
the commencement of the rehabilitation project, regardless of when the 
property becomes or became a certified historic structure.
    (4) For rehabilitation projects involving more than one certified 
historic structure where the structures are judged by the Secretary to 
have been functionally related historically to serve an overall purpose, 
such as a mill complex or a residence and carriage house, rehabilitation 
certification will be issued on the merits of the overall project rather 
than for each structure or individual component. For rehabilitation 
projects where there is no historic functional relationship among the 
structures, the certification decision will be made for each separate 
certified historic structure regardless of how they are grouped for 
ownership or development purposes.
    (5) Demolition of a building as part of a rehabilitation project 
involving multiple buildings may result in denial of certification of 
the rehabilitation. In projects where there is no historic functional 
relationship among the structures being rehabilitated, related new 
construction which physically expands one certified historic structure 
undergoing rehabilitation and, therefore, directly causes the demolition 
of an adjacent structure will generally result in denial of 
certification of the rehabilitation unless a determination has been made 
that the building to be demolished is not a certified historic structure 
as in Sec. 67.4(a). In rehabilitation projects where the structures have 
been determined to be functionally related historically, demolition of a 
component may be approved, in limited circumstances, when:
    (i) The component is outside the period of significance of the 
property, or
    (ii) The component is so deteriorated or altered that its integrity 
has been irretrievably lost; or
    (iii) The component is a secondary one that generally lacks 
historic, engineering, or architectural significance or does not occupy 
a major portion of the site and persuasive evidence is present to show 
that retention of the component is not technically or economically 
feasible.
    (6) In situations involving rehabilitation of a certified historic 
structure in a historic district, the Secretary will review the 
rehabilitation project first as it affects the certified historic 
structure and second as it affects the district and make a certification 
decision accordingly.
    (7) In the event that an owner of a portion of a certified historic 
structure requests certification for a rehabilitation project related 
only to that portion, but there is or was a larger related 
rehabilitation project(s) occurring with respect to the certified 
historic structure, the Secretary's decision on the requested 
certification will be based on review of the overall rehabilitation 
project(s) for the certified historic structure.
    (8) For rehabilitation projects which are to be completed in phases 
over the alternate 60-month period allowed in section 48(g) of the 
Internal Revenue Code, the initial part 2 application and supporting 
architectural plans and specifications should identify the project as a 
60-month phased project and describe the number and order of the phases 
and the general scope of the overall rehabilitation project. If the 
initial part 2 application clearly identifies the project as a phased 
rehabilitation, the NPS will consider the project in all its phases as a 
single rehabilitation. If complete information on the rehabilitation 
work of the later phases is not described in the initial part 2 
application, it may be submitted at a later date but must be clearly 
identified as a later phase of a 60-month phased project that was 
previously submitted for review. Owners are cautioned that work 
undertaken in a later phase of a 60-month phased project that does not 
meet the Standards for Rehabilitation, whether or not submitted for 
review, will result in a denial of certification of the entire 
rehabilitation with the tax consequences of such a denial to be 
determined by the Secretary of the Treasury. Separate certifications for 
portions of phased rehabilitation projects will not be issued. Rather 
the owner will be directed to comply with Internal Revenue Service 
regulations governing late certifications contained in 26 CFR 1.48-12.

[[Page 356]]

    (c) Upon receipt of the complete application describing the 
rehabilitation project, the Secretary shall determine if the project is 
consistent with the Standards for Rehabilitation. If the project does 
not meet the Standards for Rehabilitation, the owner shall be advised of 
that fact in writing and, where possible, will be advised of necessary 
revisions to meet such Standards. For additional procedures regarding 
rehabilitation projects determined not to meet the Standards for 
Rehabilitation, see Sec. 67.6(f).
    (d) Once a proposed or ongoing project has been approved, 
substantive changes in the work as described in the application must be 
brought promptly to the attention of the Secretary by written statement 
through the SHPO to ensure continued conformance to the Standards; such 
changes should be made using a Historic Preservation Certification 
Application Continuation/Amendment Sheet (NPS Form 10-168b). The 
Secretary will notify the owner and the SHPO in writing whether the 
revised project continues to meet the Standards. Oral approvals of 
revisions are not authorized or valid.
    (e) Completed projects may be inspected by an authorized 
representative of the Secretary to determine if the work meets the 
Standards for Rehabilitation. The Secretary reserves the right to make 
inspections at any time up to five years after completion of the 
rehabilitation and to revoke a certification, after giving the owner 30 
days to comment on the matter, if it is determined that the 
rehabilitation project was not undertaken as represented by the owner in 
his or her application and supporting documentation, or the owner, upon 
obtaining certification, undertook further unapproved project work 
inconsistent with the Secretary's Standards for Rehabilitation. The tax 
consequences of a revocation of certification will be determined by the 
Secretary of the Treasury.
    (f) If a proposed, ongoing, or completed rehabilitation project does 
not meet the Standards for Rehabilitation, an explanatory letter will be 
sent to the owner with a copy to the SHPO. A rehabilitated property not 
in conformance with the Standards for Rehabilitation and which is 
determined to have lost those qualities which caused it to be nominated 
to the National Register, will be removed from the National Register in 
accord with Department of the Interior regulations 36 CFR part 60. 
Similarly, if a property has lost those qualities which caused it to be 
designated a certified historic structure, it will be certified as 
noncontributing (see Sec. 67.4 and Sec. 67.5). In either case, the 
delisting or certification of nonsignificance is considered effective as 
of the date of issue and is not considered to be retroactive. In these 
situations, the Internal Revenue Service will be notified of the 
substantial alterations. The tax consequences of a denial of 
certification will be determined by the Secretary of the Treasury.



Sec. 67.7  Standards for Rehabilitation.

    (a) The following Standards for Rehabilitation are the criteria used 
to determine if a rehabilitation project qualifies as a certified 
rehabilitation. The intent of the Standards is to assist the long-term 
preservation of a property's significance through the preservation of 
historic materials and features. The Standards pertain to historic 
buildings of all materials, construction types, sizes, and occupancy and 
encompass the exterior and the interior of historic buildings. The 
Standards also encompass related landscape features and the building's 
site and environment, as well as attached, adjacent, or related new 
construction. To be certified, a rehabilitation project must be 
determined by the Secretary to be consistent with the historic character 
of the structure(s) and, where applicable, the district in which it is 
located.
    (b) The following Standards are to be applied to specific 
rehabilitation projects in a reasonable manner, taking into 
consideration economic and technical feasibility. (The application of 
these Standards to rehabilitation projects is to be the same as under 
the previous version so that a project previously acceptable would 
continue to be acceptable under these Standards.)
    (1) A property shall be used for its historic purpose or be placed 
in a new use that requires minimal change to

[[Page 357]]

the defining characteristics of the building and its site and 
environment.
    (2) The historic character of a property shall be retained and 
preserved. The removal of historic materials or alteration of features 
and spaces that characterize a property shall be avoided.
    (3) Each property shall be recognized as a physical record of its 
time, place, and use. Changes that create a false sense of historical 
development, such as adding conjectural features or architectural 
elements from other buildings, shall not be undertaken.
    (4) Most properties change over time; those changes that have 
acquired historic significance in their own right shall be retained and 
preserved.
    (5) Distinctive features, finishes, and construction techniques or 
examples of craftsmanship that characterize a historic property shall be 
preserved.
    (6) Deteriorated historic features shall be repaired rather than 
replaced. Where the severity of deterioration requires replacement of a 
distinctive feature, the new feature shall match the old in design, 
color, texture, and other visual qualities and, where possible, 
materials. Replacement of missing features shall be substantiated by 
documentary, physical, or pictorial evidence.
    (7) Chemical or physical treatments, such as sandblasting, that 
cause damage to historic materials shall not be used. The surface 
cleaning of structures, if appropriate, shall be undertaken using the 
gentlest means possible.
    (8) Significant archeological resources affected by a project shall 
be protected and preserved. If such resources must be disturbed, 
mitigation measures shall be undertaken.
    (9) New additions, exterior alterations, or related new construction 
shall not destroy historic materials that characterize the property. The 
new work shall be differentiated from the old and shall be compatible 
with the massing, size, scale, and architectural features to protect the 
historic integrity of the property and its environment.
    (10) New additions and adjacent or related new construction shall be 
undertaken in such a manner that if removed in the future, the essential 
form and integrity of the historic property and its environment would be 
unimpaired.
    (c) The quality of materials and craftsmanship used in a 
rehabilitation project must be commensurate with the quality of 
materials and craftsmanship of the historic building in question. 
Certain treatments, if improperly applied, or certain materials by their 
physical properties, may cause or accelerate physical deterioration of 
historic buildings. Inappropriate physical treatments include, but are 
not limited to: improper repointing techniques; improper exterior 
masonry cleaning methods; or improper introduction of insulation where 
damage to historic fabric would result. In almost all situations, use of 
these materials and treatments will result in denial of certification. 
Similarly, exterior additions that duplicate the form, material, and 
detailing of the structure to the extent that they compromise the 
historic character of the structure will result in denial of 
certification. For further information on appropriate and inappropriate 
rehabilitation treatments, owners are to consult the Guidelines for 
Rehabilitating Historic Buildings published by the NPS. ``Preservation 
Briefs'' and additional technical information to help property owners 
formulate plans for the rehabilitation, preservation, and continued use 
of historic properties consistent with the intent of the Secretary's 
Standards for Rehabilitation are available from the SHPOs and NPS 
regional offices. Owners are responsible for procuring this material as 
part of property planning for a certified rehabilitation.
    (d) In certain limited cases, it may be necessary to dismantle and 
rebuild portions of a certified historic structure to stabilize and 
repair weakened structural members and systems. In such cases, the 
Secretary will consider such extreme intervention as part of a certified 
rehabilitation if:
    (1) The necessity for dismantling is justified in supporting 
documentation;
    (2) Significant architectural features and overall design are 
retained; and
    (3) Adequate historic materials are retained to maintain the 
architectural

[[Page 358]]

and historic integrity of the overall structure.
    Section 48(g) of the Internal Revenue Code of 1986 exempts certified 
historic structures from meeting the physical test for retention of 
external walls and internal structural framework specified therein for 
other rehabilitated buildings. Nevertheless, owners are cautioned that 
the Standards for Rehabilitation require retention of distinguishing 
historic materials of external and internal walls as well as structural 
systems. In limited instances, rehabilitations involving removal of 
existing external walls, i.e., external walls that detract from the 
historic character of the structure such as in the case of a 
nonsignificant later addition or walls that have lost their structural 
integrity due to deterioration, may be certified as meeting the 
Standards for Rehabilitation.
    (e) Prior approval of a project by Federal, State, and local 
agencies and organizations does not ensure certification by the 
Secretary for Federal tax purposes. The Secretary's Standards for 
Rehabilitation take precedence over other regulations and codes in 
determining whether the rehabilitation project is consistent with the 
historic character of the property and, where applicable, the district 
in which it is located.
    (f) The qualities of a property and its environment which qualify it 
as a certified historic structure are determined taking into account all 
available information, including information derived from the physical 
and architectural attributes of the building; such determinations are 
not limited to information contained in National Register or related 
documentation.



Sec. 67.8  Certifications of statutes.

    (a) State or local statutes which will be certified by the 
Secretary. For the purpose of this regulation, a State or local statute 
is a law of the State or local government designating, or providing a 
method for the designation of, a historic district or districts. This 
includes any by-laws or ordinances that contain information necessary 
for the certification of the statute. A statute must contain criteria 
which will substantially achieve the purpose of preserving and 
rehabilitating properties of historic significance to the district. To 
be certified by the Secretary, the statute generally must provide for a 
duly designated review body, such as a review board or commission, with 
power to review proposed alterations to structures of historic 
significance within the boundaries of the district or districts 
designated under the statute except those owned by governmental entities 
which, by law, are not under the jurisdiction of the review body.
    (b) When the certification of State statutes will have an impact on 
districts in specific localities, the Secretary encourages State 
governments to notify and consult with appropriate local officials prior 
to submitting a request for certification of the statute.
    (c) State enabling legislation which authorizes local governments to 
designate, or provides local governments with a method to designate, a 
historic district or districts will not be certified unless accompanied 
by local statutes that implement the purposes of the State law. Adequate 
State statutes which designate specific historic districts and do not 
require specific implementing local statutes will be certified. If the 
State enabling legislation contains provisions which do not meet the 
intent of the law, local statutes designated under the authority of the 
enabling legislation will not be certified. When State enabling 
legislation exists, it must be certified before any local statutes 
enacted under its authority can be certified.
    (d) Who may apply. Requests for certification of State or local 
statutes may be made only by the Chief Elected Official of the 
government which enacted the statute or his or her authorized 
representative. The applicant shall certify in writing that he or she is 
authorized by the appropriate State or local governing body to apply for 
certification.
    (e) Statute certification process. Requests for certification of 
State or local statutes shall be made as follows:
    (1) The request shall be made in writing from the duly authorized 
representative certifying that he or she is authorized to apply for 
certification. The request should include the name or title of a person 
to contact for further

[[Page 359]]

information and his or her address and telephone number. The authorized 
representative is responsible for providing historic district 
documentation for review and certification prior to the first 
certification of significance in a district unless another responsible 
person is indicated including his or her address and telephone number. 
The request shall also include a copy of the statute(s) for which 
certification is requested, including any by-laws or ordinances that 
contain information necessary for the certification of the statute. 
Local governments shall also submit a copy of the State enabling 
legislation, if any, authorizing the designation of historic districts.
    (2) Requests shall be sent to the SHPO in participating States and 
directly to appropriate NPS regional offices in nonparticipating States.
    (3) The Secretary shall review the statute(s) and assess whether the 
statute(s) and any by-laws or ordinances that contain information 
necessary for the certification of the statute contain criteria which 
will substantially achieve the purposes of preserving and rehabilitating 
properties of historic significance to the district(s) based upon the 
standards set out above in Sec. 67.8(a). The SHPO shall be given a 30-
day opportunity to comment upon the request. Comments received from the 
SHPO within this time period will be considered by the Secretary in the 
review process. If the statute(s) contain such provisions and if this 
and other provisions in the statute will substantially achieve the 
purpose of preserving and rehabilitating properties of historic 
significance to the district, the Secretary will certify the statute(s).
    (4) The Secretary generally provides written notification within 30 
days of receipt by the NPS to the duly authorized representative and to 
the SHPO when certification of the statute is given or denied. If 
certification is denied, the notification will provide an explanation of 
the reason(s) for such denial.
    (f) Amendment or repeal of statute(s). State or local governments, 
as appropriate, must notify the Secretary in the event that certified 
statutes are repealed, whereupon the certification of the statute (and 
any districts designated thereunder) will be withdrawn by the Secretary. 
If a certified statute is amended, the duly authorized representative 
shall submit the amendment(s) to the Secretary, with a copy to the SHPO, 
for review in accordance with the procedures outlined above. Written 
notification of the Secretary's decision as to whether the amended 
statute continues to meet these criteria will be sent to the duly 
authorized representative and the SHPO within 60 days of receipt.
    (g) The Secretary may withdraw certification of a statute (and any 
districts designated thereunder) on his own initiative if it is repeal 
or amended to be inconsistent with certification requirements after 
providing the duly authorized representative and the SHPO 30 days in 
which to comment prior to the withdrawal of certification.



Sec. 67.9  Certifications of State or local historic districts.

    (a) The particular State or local historic district must also be 
certified by the Secretary as substantially meeting National Register 
criteria, thereby qualifying it as a registered historic district, 
before the Secretary will process requests for certification of 
individual properties within a district or districts established under a 
certified statute.
    (b) The provision described herein will not apply to properties 
within a State or local district until the district has been certified, 
even if the statute creating the district has been certified by the 
Secretary.
    (c) The Secretary considers the duly authorized representative 
requesting certification of a statute to be the official responsible for 
submitting district documentation for certification. If another person 
is to assume responsibility for the district documentation, the letter 
requesting statute certification shall indicate that person's name, 
address, and telephone number. The Secretary considers the authorizing 
statement of the duly authorized representative to indicate that the 
jurisdiction involved wishes not only

[[Page 360]]

that the statute in question be certified but also wishes all historic 
districts designated by the statute to be certified unless otherwise 
indicated.
    (d) Requests shall be sent to the SHPO in participating States and 
directly to the appropriate NPS regional office in nonparticipating 
States. The SHPO shall be given a 30-day opportunity to comment upon an 
adequately documented request. Comments received from the SHPO within 
this time period will be considered by the Secretary in the review 
process. The guidelines in National Register Bulletin 16, ``Guidelines 
for Completing National Register of Historic Places Forms,'' provide 
information on how to document historic districts for the National 
Register. Each request should include the following documentation:
    (1) A description of the general physical or historical qualities 
which make this a district; and explanation for the choice of boundaries 
for the district; descriptions of typical architectural styles and types 
of buildings in the district.
    (2) A concise statement of why the district has significance, 
including an explanation of the areas and periods of significance, and 
why it meets National Register criteria for listing (see 36 CFR part 
60); the relevant criteria should be identified (A, B, C, and D).
    (3) A definition of what types of properties contribute and do not 
contribute to the significance of the district as well as an estimate of 
the percentage of properties within the district that do not contribute 
to its significance.
    (4) A map showing all district properties with, if possible, 
identification of contributing and noncontributing properties; the map 
should clearly show the district's boundaries.
    (5) Photographs of typical areas in the district as well as major 
types of contributing and noncontributing properties; all photographs 
should be keyed to the map.
    (e) Districts designated by certified State or local statutes shall 
be evaluated using the National Register criteria (36 CFR part 60) 
within 30 days of the receipt of the required documentation by the 
Secretary. Written notification of the Secretary's decision will be sent 
to the duly authorized representative or to the person designated as 
responsible for the district documentation.
    (f) Certification of statutes and districts does not constitute 
certification of significance of individual properties within the 
district or of rehabilitation projects by the Secretary.
    (g) Districts certified by the Secretary as substantially meeting 
the requirements for listing will be determined eligible for listing in 
the National Register at the time time of certification and will be 
published as such in the Federal Register.
    (h) Documentation on additional districts designated under a State 
or local statute the has been certified by the Secretary should be 
submitted to the Secretary for certification following the same 
procedures and including the same information outlined in the section 
above.
    (i) State or local governments, as appropriate, shall notify the 
Secretary if a certified district designation is amended (including 
boundary changes) or repealed. If a certified district designation is 
amended, the duly authorized representative shall submit documentation 
describing the change(s) and, if the district has been increased in 
size, information on the new areas as outlined in Sec. 67.9. A revised 
statement of significance for the district as a whole shall also be 
included to reflect any changes in overall significance as a result of 
the addition or deletion of areas. Review procedures shall follow those 
outlined in Sec. 67.9 (d) and (e). The Secretary will withdraw 
certification of repealed or inappropriately amended certified district 
designations, thereby disqualifying them as registered historic 
districts.
    (j) The Secretary may withdraw certification of a district on his 
own initiative if it ceases to meet the National Register Criteria for 
Evaluation after providing the duly authorized representative and the 
SHPO 30 days in which to comment prior to withdrawal of certification.
    (k) The Secretary urges State and local review boards of commissions 
to become familiar with the Standards used by the Secretary of the 
Interior

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for certifying the rehabilitation of historic properties and to consider 
their adoption for local design review.



Sec. 67.10  Appeals.

    (a) An appeal by the owner, or duly authorized representative as 
appropriate, may be made from any of the certifications or denials of 
certification made pursuant to this part or any decisions made pursuant 
to Sec. 67.6(f). Such appeals must be in writing and received by the 
Chief Appeals Officer, Cultural Resources, National Park Service, U.S. 
Department of the Interior, P.O. Box 37127, Washington, DC 20013-7127, 
within 30 days of receipt of the decision which is the subject of the 
appeal. The appellant may request an opportunity for a meeting to 
discuss the appeal but all information the owner wishes the Chief 
Appeals Officer to consider must be submitted in writing. The SHPO will 
be notified that an appeal is pending. The Chief Appeals Officer will 
consider the record of the decision in question, any further written 
submissions by the owner, and other available information and shall 
provide the appellant a written decision as promptly as circumstances 
permit. Such appeals constitute an administrative review of the decision 
appealed from and are not conducted as an adjudicative proceeding.
    (b) The denial of a preliminary determination of significance for an 
individual property may not be appealed by the owner because the denial 
itself does not exhaust the administrative remedy that is available. The 
owner instead must seek recourse by undertaking the usual nomination 
process (36 CFR part 60). Similarly, the denial of preliminary 
certification for a rehabilitation for a rehabilitation project for a 
property that is not a certified historic structure may not be appealed. 
The owner must seek a final certification of significance as the next 
step, rather than appealing the denial of rehabilitation certification. 
Administrative reviews in these circumstances may be performed at the 
discretion of the Chief Appeals Officer. The decision to undertaken an 
administrative review will be made on a case-by-case basis, depending on 
particular facts and circumstances and the Chief Appeals Officer's 
schedule, the expected date for nomination, and the nature of the 
rehabilitation project (proposed, ongoing, or completed). Administrative 
reviews of rehabilitation projects will not be undertaken if the owner 
has objected to the listing of the property in the National Register.
    (c) In considering such appeals or administrative reviews, the Chief 
Appeals Officer shall take in account alleged errors in professional 
judgment or alleged prejudicial procedural errors by NPS officials. The 
Chief Appeals Officer's decision may:
    (1) Reverse the appealed decision;
    (2) Affirm the appealed decision;
    (3) Resubmit the matter to the appropriate Regional Director for 
further consideration; or
    (4) Where appropriate, withhold a decision until issuance of a 
ruling from the Internal Revenue Service pursuant to Sec. 67.6(b)(2).

The Chief Appeals Officer may base his decision in whole or part on 
matters or factors not discussed in the decision appealed from. The 
Chief Appeals Officer is authorized to issue the certifications 
discussed in this part only if he considers that the requested 
certification meets the applicable statutory standard upon application 
of the Standards set forth herein or he considers that prejudicial 
procedural error by a Federal official legally compels issuance of the 
requested certification.
    (d) The decision of the Chief Appeals Officer shall be the final 
administrative decision on the appeal. No person shall be considered to 
have exhausted his or her administrative remedies with respect to the 
certifications or decisions described in this part until the Chief 
Appeals Officer has issued a final administrative decision pursuant to 
this section.



Sec. 67.11  Fees for processing rehabilitation certification requests.

    (a) Fees are charged for reviewing rehabilitation certification 
requests in accordance with the schedule below.
    (b) Payment shall not be made until requested by the NPS regional 
office according to instructions accompanying the Historic Preservation 
Certification Application. All checks shall

[[Page 362]]

be made payable to: National Park Services. A certification decision 
will not be issued on an application until the appropriate remittance is 
received. Fees are nonrefundable.
    (c) The fee for review of proposed or ongoing rehabilitation 
projects for projects over $20,000 is $250. The fees for review of 
completed rehabilitation projects are based on the dollar amount of the 
costs attributed solely to the rehabilitation of the certified historic 
structure as provided by the owner in the Historic Preservation 
Certification Application, Request for Certification of Completed Work 
(NPS Form 10-168c), as follows:

------------------------------------------------------------------------
  Fee                         Size of rehabilitation
------------------------------------------------------------------------
   $500  $20,000 to $99,999
   $800  $100,000 to $499,999
 $1,500  $500,000 to $999,999
 $2,500  $1,000,000 or more
------------------------------------------------------------------------

    If review of a proposed or ongoing rehabilitation project had been 
undertaken by the Secretary prior to submission of Request for 
Certification of Completed Work, the initial fee of $250 will be 
deducted from these fees. No fee will be charged for rehabilitations 
under $20,000.
    (d) In general, each rehabilitation of a separate certified historic 
structure will be considered a separate project for purposes of 
computing the size of the fee.
    (1) In the case of a rehabilitation project which includes more than 
one certified historic structure where the structures are judged by the 
Secretary to have been functionally related historically to serve an 
overall purpose, the fee for preliminary review is $250 and the fee for 
final review is computed on the basis of the total rehabilitation costs.
    (2) In the case of multiple building projects where there is no 
historic functional relationship amont the structures and which are 
under the same ownership; are located in the same historic district; are 
adjacent or contiguous; are of the same architectural type (e.g., 
rowhouses, loft buildings, commercial buildings); and are submitted by 
the owner for review at the same time, the fee for preliminary review is 
$250 per structure to a maximum of $2,500 and the fee for final review 
is computed on the basis of the total rehabilitation costs of the entire 
multiple building project to a maximum of $2,500. If the $2,500 maximum 
fee was paid at the time of review of the proposed or ongoing 
rehabilitation project, no further fee will be charged for review of a 
Request for Certification of Completed Work.



PART 68--THE SECRETARY OF THE INTERIOR'S STANDARDS FOR THE TREATMENT 
OF HISTORIC PROPERTIES--Table of Contents




Sec.
68.1  Intent.
68.2  Definitions.
68.3  Standards.

    Authority: The National Historic Preservation Act of 1966, as 
amended (16 U.S.C. 470 et seq.); sec. 2124 of the Tax Reform Act of 
1976, 90 Stat. 1918; EO 11593, 3 CFR part 75 (1971); sec. 2 of 
Reorganization Plan No. 3 of 1950 (64 Stat. 1262).

    Source: 60 FR 35843, July 12, 1995, unless otherwise noted.



Sec. 68.1  Intent.

    The intent of this part is to set forth standards for the treatment 
of historic properties containing standards for preservation, 
rehabilitation, restoration and reconstruction. These standards apply to 
all proposed grant-in-aid development projects assisted through the 
National Historic Preservation Fund. 36 CFR part 67 focuses on 
``certified historic structures'' as defined by the IRS Code of 1986. 
Those regulations are used in the Preservation Tax Incentives Program. 
36 CFR part 67 should continue to be used when property owners are 
seeking certification for Federal tax benefits.



Sec. 68.2  Definitions.

    The standards for the treatment of historic properties will be used 
by the National Park Service and State historic preservation officers 
and their staff members in planning, undertaking and supervising grant-
assisted projects for preservation, rehabilitation, restoration and 
reconstruction. For the purposes of this part:
    (a) Preservation means the act or process of applying measures 
necessary to sustain the existing form, integrity

[[Page 363]]

and materials of an historic property. Work, including preliminary 
measures to protect and stabilize the property, generally focuses upon 
the ongoing maintenance and repair of historic materials and features 
rather than extensive replacement and new construction. New exterior 
additions are not within the scope of this treatment; however, the 
limited and sensitive upgrading of mechanical, electrical and plumbing 
systems and other code-required work to make properties functional is 
appropriate within a preservation project.
    (b) Rehabilitation means the act or process of making possible an 
efficient compatible use for a property through repair, alterations and 
additions while preserving those portions or features that convey its 
historical, cultural or architectural values.
    (c) Restoration means the act or process of accurately depicting the 
form, features and character of a property as it appeared at a 
particular period of time by means of the removal of features from other 
periods in its history and reconstruction of missing features from the 
restoration period. The limited and sensitive upgrading of mechanical, 
electrical and plumbing systems and other code-required work to make 
properties functional is appropriate within a restoration project.
    (d) Reconstruction means the act or process of depicting, by means 
of new construction, the form, features and detailing of a non-surviving 
site, landscape, building, structure or object for the purpose of 
replicating its appearance at a specific period of time and in its 
historic location.



Sec. 68.3  Standards.

    One set of standards--preservation, rehabilitation, restoration or 
reconstruction--will apply to a property undergoing treatment, depending 
upon the property's significance, existing physical condition, the 
extent of documentation available and interpretive goals, when 
applicable. The standards will be applied taking into consideration the 
economic and technical feasibility of each project.
    (a) Preservation. (1) A property will be used as it was 
historically, or be given a new use that maximizes the retention of 
distinctive materials, features, spaces and spatial relationships. Where 
a treatment and use have not been identified, a property will be 
protected and, if necessary, stabilized until additional work may be 
undertaken.
    (2) The historic character of a property will be retained and 
preserved. The replacement of intact or repairable historic materials or 
alteration of features, spaces and spatial relationships that 
characterize a property will be avoided.
    (3) Each property will be recognized as a physical record of its 
time, place and use. Work needed to stabilize, consolidate and conserve 
existing historic materials and features will be physically and visually 
compatible, identifiable upon close inspection and properly documented 
for future research.
    (4) Changes to a property that have acquired historic significance 
in their own right will be retained and preserved.
    (5) Distinctive materials, features, finishes and construction 
techniques or examples of craftsmanship that characterize a property 
will be preserved.
    (6) The existing condition of historic features will be evaluated to 
determine the appropriate level of intervention needed. Where the 
severity of deterioration requires repair or limited replacement of a 
distinctive feature, the new material will match the old in composition, 
design, color and texture.
    (7) Chemical or physical treatments, if appropriate, will be 
undertaken using the gentlest means possible. Treatments that cause 
damage to historic materials will not be used.
    (8) Archeological resources will be protected and preserved in 
place. If such resources must be disturbed, mitigation measures will be 
undertaken.
    (b) Rehabilitation. (1) A property will be used as it was 
historically or be given a new use that requires minimal change to its 
distinctive materials, features, spaces and spatial relationships.
    (2) The historic character of a property will be retained and 
preserved. The removal of distinctive materials or alteration of 
features, spaces and spatial relationships that characterize a property 
will be avoided.
    (3) Each property will be recognized as a physical record of its 
time, place and use. Changes that create a false

[[Page 364]]

sense of historical development, such as adding conjectural features or 
elements from other historic properties, will not be undertaken.
    (4) Changes to a property that have acquired historic significance 
in their own right will be retained and preserved.
    (5) Distinctive materials, features, finishes and construction 
techniques or examples of craftsmanship that characterize a property 
will be preserved.
    (6) Deteriorated historic features will be repaired rather than 
replaced. Where the severity of deterioration requires replacement of a 
distinctive feature, the new feature will match the old in design, 
color, texture and, where possible, materials. Replacement of missing 
features will be substantiated by documentary and physical evidence.
    (7) Chemical or physical treatments, if appropriate, will be 
undertaken using the gentlest means possible. Treatments that cause 
damage to historic materials will not be used.
    (8) Archeological resources will be protected and preserved in 
place. If such resources must be disturbed, mitigation measures will be 
undertaken.
    (9) New additions, exterior alterations or related new construction 
will not destroy historic materials, features and spatial relationships 
that characterize the property. The new work will be differentiated from 
the old and will be compatible with the historic materials, features, 
size, scale and proportion, and massing to protect the integrity of the 
property and its environment.
    (10) New additions and adjacent or related new construction will be 
undertaken in such a manner that, if removed in the future, the 
essential form and integrity of the historic property and its 
environment would be unimpaired.
    (c) Restoration. (1) A property will be used as it was historically 
or be given a new use that interprets the property and its restoration 
period.
    (2) Materials and features from the restoration period will be 
retained and preserved. The removal of materials or alteration of 
features, spaces and spatial relationships that characterize the period 
will not be undertaken.
    (3) Each property will be recognized as a physical record of its 
time, place and use. Work needed to stabilize, consolidate and conserve 
materials and features from the restoration period will be physically 
and visually compatible, identifiable upon close inspection and properly 
documented for future research.
    (4) Materials, features, spaces and finishes that characterize other 
historical periods will be documented prior to their alteration or 
removal.
    (5) Distinctive materials, features, finishes and construction 
techniques or examples of craftsmanship that characterize the 
restoration period will be preserved.
    (6) Deteriorated features from the restoration period will be 
repaired rather than replaced. Where the severity of deterioration 
requires replacement of a distinctive feature, the new feature will 
match the old in design, color, texture and, where possible, materials.
    (7) Replacement of missing features from the restoration period will 
be substantiated by documentary and physical evidence. A false sense of 
history will not be created by adding conjectural features, features 
from other properties, or by combining features that never existed 
together historically.
    (8) Chemical or physical treatments, if appropriate, will be 
undertaken using the gentlest means possible. Treatments that cause 
damage to historic materials will not be used.
    (9) Archeological resources affected by a project will be protected 
and preserved in place. If such resources must be disturbed, mitigation 
measures will be undertaken.
    (10) Designs that were never executed historically will not be 
constructed.
    (d) Reconstruction. (1) Reconstruction will be used to depict 
vanished or non-surviving portions of a property when documentary and 
physical evidence is available to permit accurate reconstruction with 
minimal conjecture and such reconstruction is essential to the public 
understanding of the property.
    (2) Reconstruction of a landscape, building, structure or object in 
its historic location will be preceded by a thorough archeological 
investigation

[[Page 365]]

to identify and evaluate those features and artifacts that are essential 
to an accurate reconstruction. If such resources must be disturbed, 
mitigation measures will be undertaken.
    (3) Reconstruction will include measures to preserve any remaining 
historic materials, features, and spatial relationships.
    (4) Reconstruction will be based on the accurate duplication of 
historic features and elements substantiated by documentary or physical 
evidence rather than on conjectural designs or the availability of 
different features from other historic properties. A reconstructed 
property will re-create the appearance of the non-surviving historic 
property in materials, design, color and texture.
    (5) A reconstruction will be clearly identified as a contemporary 
re-creation.
    (6) Designs that were never executed historically will not be 
constructed.



PART 71--RECREATION FEES--Table of Contents




Sec.
71.1  Application.
71.2  Types of Federal recreation fees.
71.3  Designation.
71.4  Posting.
71.5  Golden Eagle Passport.
71.6  Golden Age Passport.
71.7  Entrance fees for single-visit permits.
71.8  Validation and display of entrance permits.
71.9  Establishment of recreation use fees.
71.10  Special recreation permits and special recreation permit fees.
71.11  Collection of Federal recreation fees.
71.12  Enforcement.
71.13  Exceptions, exclusions, and exemptions.
71.14  Public notification.
71.15  The Golden Eagle Insignia.

    Authority: Sec. 4, Land and Water Conservation Fund Act of 1965 (16 
U.S.C.A. 4601-6a (Supp., 1974)), as amended by Pub. L. 93-303; and sec. 
3, Act of July 11, 1972, 86 Stat. 461; sec. 2 of Reorganization Plan No. 
3 of 1950 (64 Stat. 1262).

    Source: 39 FR 33217, Sept. 16, 1974. Redesignated at 44 FR 7143, 
Feb. 6, 1979, and 46 FR 34329, July 1, 1981; correctly redesignated at 
46 FR 43045, Aug. 26, 1981, unless otherwise noted.



Sec. 71.1  Application.

    This part is promulgated pursuant to section 4, Land and Water 
Conservation Fund Act of 1965, 16 U.S.C.A. 4601-6a (Supp., 1974), and 
section 3, Act of July 11, 1972, 86 Stat. 461. Any Federal recreation 
fee charged by any bureau of the Department of the Interior shall be 
charged according to criteria set forth in this part.



Sec. 71.2  Types of Federal recreation fees.

    There shall be three types of Federal recreation fees:
    (a) Entrance fees, charged either on an annual or single-visit 
basis, for admission to any Designated Entrance Fee Area;
    (b) Daily recreation use fees for the use of specialized sites, 
facilities, equipment or services furnished at Federal expense; and
    (c) Special recreation permit fees for specialized recreation uses, 
such as, but not limited to, group activities, recreation events, and 
the use of motorized recreation vehicles.



Sec. 71.3  Designation.

    (a) An area or closely related group of areas shall be designated as 
an area at which entrance fees shall be charged (hereinafter 
``Designated Entrance Fee Area'') if the following conditions are found 
to exist concurrently:
    (1) The area is a unit of the National Park System administered by 
the Department of the Interior;
    (2) The area is administered primarily for scenic, scientific, 
historical, cultural, or recreation purposes;
    (3) The area has recreation facilities or services provided at 
Federal expense; and
    (4) The nature of the area is such that entrance fee collection is 
administratively and economically practical.
    (b) Any specialized site, facility, equipment or service related to 
outdoor recreation (hereinafter ``facility'') shall be designated as a 
facility for which a recreation use fee shall be charged (hereinafter 
``Designated Recreation Use Facility'') if:
    (1) For each Designated Recreation Use Facility, at least one of the 
following criteria is satisfied:
    (i) A substantial Federal investment has been made in the facility,

[[Page 366]]

    (ii) The facility requires regular maintenance,
    (iii) The facility is characterized by the presence of personnel, or
    (iv) The facility is utilized for the personal benefit of the user 
for a fixed period of time; and,
    (2) For each Designated Recreation Use Facility, all of the 
following criteria are satisfied:
    (i) The facility is developed, administered, or provided by any 
bureau of the Department of the Interior,
    (ii) The facility is provided at Federal expense, and
    (iii) The nature of the facility is such that fee collection is 
administratively and economically practical.
    (3) In no event shall any of the following, whether used singly or 
in any combination, be designated as facilities for which recreation use 
fees shall be charged: Drinking water, wayside exhibits, roads, overlook 
sites, visitors' centers, scenic drives, toilet facilities, picnic 
tables, and boat ramps. The first sentence of this paragraph does not 
apply to boat launching facilities with specialized facilities or 
services, such as mechanical or hydraulic boat lifts or facilities. Such 
boat launching facilities shall be designated as facilities for which 
recreation use fees shall be charged, Provided, They satisfy the 
requirements of paragraphs (b) (1) and (2) of this section.
    (4) In no event shall a campground, which satisfies the requirements 
of paragraphs (b) (1) and (2) of this section, be designated as a 
facility for which recreation use fees shall be charged unless the 
campground has all of the following: Tent or trailer spaces, drinking 
water, access road, refuse containers, toilet facilities, personal fee 
collection, reasonable visitor protection, and simple devices for 
containing a campfire where campfires are permitted. A campground may be 
designated for recreation use fee collection whether the above 
enumerated amenities are provided for individual or group use.
    (c) Any specialized recreation use including, but not limited to, 
group activities, recreation events, or the use of motorized recreation 
vehicles, shall qualify as a use for which a special recreation permit 
fee may be charged (hereinafter ``Special Recreation Permit Use'') if 
such use occurs in areas under the jurisdiction of any bureau of the 
Department of the Interior.



Sec. 71.4  Posting.

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

[[Page 367]]

[GRAPHIC] [TIFF OMITTED] TC26OC91.005

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

[[Page 368]]

Designated Entrance Fee Areas, Designated Recreation Use Facilities, or 
Special Recreation Permit Uses.
    (d) No entrance fee for admission to any Designated Entrance Fee 
Area or recreation use fee for the use of any Designated Recreation Use 
Facility shall be collected unless such area or facility is posted in 
accordance with this section. No fee for any Special Recreation Permit 
Use shall be collected unless clear notice that such a fee is charged is 
posted at the area headquarters of the bureau issuing such permit in 
which the use authorized by the permit is to occur.



Sec. 71.5  Golden Eagle Passport.

    (a) The Golden Eagle Passport is an annual permit, valid on a 
calendar-year basis, for admission to any Designated Entrance Fee Area. 
The charge for the Golden Eagle Passport shall be $10. The annual Golden 
Eagle Passport shall be nontransferable and the unlawful use thereof 
shall be punishable in the manner described in Sec. 71.12 of this part.
    (b) The Golden Eagle Passport shall admit the permittee and any 
persons accompany him in a single, private, noncommercial vehicle, or 
alternatively, the permittee and his spouse, children, and parents 
accompanying him where entry to the area is by any means other than 
private, noncommercial vehicle, to Designated Entrance Fee Areas. Golden 
Eagle Passport coverage does not include a permittee and his spouse, 
children, or parents entering a Designated Entrance Fee Area in two 
separate, private, noncommercial vehicles. In this case, only the 
vehicle with the permittee shall be covered by the Passport. The persons 
in the second vehicle shall be subject to the single-visit entrance fee 
requirement.
    (1) ``Private, noncommercial vehicle,'' for the purpose of this 
part, shall include any passenger car, station wagon, pickup camper 
truck, motorcycle, or other motor vehicle which is used for private 
recreation purposes.
    (2) ``Accompanying,'' for the purpose of this section, shall be 
defined as coming immediately with (at the same time) and entering 
together with (in physical proximity).
    (c) The annual Golden Eagle Passport does not authorize the use of 
any Designated Recreation Use Facility for which a recreation use fee is 
charged or any Special Recreation Permit Use for which a special 
recreation permit fee is charged.
    (d) The annual Golden Eagle Passport shall be for sale at all 
Designated Entrance Fee Areas of the National Park Service, at the 
National Park Service headquarters, Washington, D.C., and at the Park 
Service field offices.



Sec. 71.6  Golden Age Passport.

    (a) Issuance of the Golden Age Passport:
    (1) Golden Age Passports will be issued by appropriate Federal 
personnel (hereinafter ``Issuing Officer'') at National Park Service 
headquarters, Washington, D.C., and at field offices designated by the 
heads of the bureaus administering Designated Entrance Fee Areas and 
Designated Recreation Use Facilities.
    (2) The Golden Age Passport will be issued free of charge upon the 
presentation of identification or information which attests to the fact 
that the applicant is a person 62 years of age or older and a citizen of 
the United States, or if not a citizen, domiciled therein. To satisfy 
the age requirement such identification may include, but is not limited 
to a State driver's license or birth certificate. To satisfy the 
citizenship requirement, such identification may include, but is not 
limited to, a birth certificate or a voter registration card issued by a 
State or Territory, or a political subdivision thereof, of the United 
States.
    (3) For the purpose of this section, an applicant should be regarded 
as being ``domiciled'' in the United States if he has a fixed and 
permanent residence in the United States or its Territories to which he 
has the intention of returning whenever he is absent. Accordingly, an 
alien may be domiciled in the United States if he maintains a fixed and 
permanent residence therein to which he has the intention of returning 
whenever he is absent. An alien who temporarily travels or works in the 
United States, even for a period of years, shall not be regarded as 
domiciled therein if that alien has no intention of permanently 
maintaining his residence in the United States.

[[Page 369]]

    (4) The Golden Age Passport, commencing with the issuance of the 
1975 Golden Age Passports, shall be a lifetime permit valid for the life 
of the permittee.
    (5) Any applicant meeting the age and other requirements described 
in paragraph (a)(2) of this section not having in his possession any 
identification or information evidencing his qualification for a Golden 
Age Passport may be issued such a Passport on the basis of the affidavit 
below, if such an affidavit is signed in front of the Issuing Officer.

Passport No ----------
                                                         Date ----------

To the Secretary of the Interior:
    I do hereby swear or affirm that I am 62 years of age or older, that 
I am a citizen of the United States or that I am domiciled therein and 
that I am duly entitled to be issued free of charge one Golden Age 
Passport pursuant to the Land and Water Conservation Fund Act of 1965, 
16 U.S.C. A.460l-6a (Supp., 1974), as amended by Pub. L. 93-303.
Signature_______________________________________________________________
Street__________________________________________________________________
Town, City, State_______________________________________________________
Issuing Officer_________________________________________________________

    (6) The Passport must be applied for in person and signed in front 
of the Issuing Officer or otherwise it will be treated as invalid.
    (7) The Golden Age Passport shall be nontransferable and the 
unlawful use thereof shall be punishable in the manner described in 
Sec. 71.12 of this part.
    (b) The Golden Age Passport shall admit the permittee and any 
persons accompanying him in a single, private, noncommercial vehicle, or 
alternatively, the permittee and his spouse and children accompanying 
him where entry to the areas is by means other than private, 
noncommercial vehicle to Designated Entrance Fee Areas. Golden Age 
Passport coverage does not include a permittee and his spouse or 
children entering a Designated Entrance Fee Area in two separate, 
private, noncommercial vehicles. In this case, only the vehicle with the 
permittee shall be covered by the Passport. The persons in the second 
vehicle shall be subject to the single-visit entrance fee requirement.
    (1) ``Private, noncommercial vehicle,'' for the purposes of this 
subsection, shall be defined the same as in Sec. 71.5(b)(1).
    (2) ``Accompanying,'' for the purpose of this subsection, shall be 
defined the same as in Sec. 71.5(b)(2).
    (c) Any Golden Age Passport permittee shall be entitled upon 
presentation of the Passport to utilize Designated Recreation Use 
Facilities at a rate of 50 percent of the established recreation use 
fees.
    (d) The Golden Age Passport does not authorize any specialized 
recreation use for which a special recreation permit fee is changed.



Sec. 71.7  Entrance fees for single-visit permits.

    (a) Entrance fees for single-visit permits shall be selected by the 
National Park Service from within the range of fees listed below, 
provided that such fees are established in accordance with the following 
criteria:
    (1) The direct and indirect cost to the Government;
    (2) The benefit to the recipient;
    (3) The public policy or interest served;
    (4) The comparable recreation fees charged by other Federal and non-
Federal public agencies within the service area of the management unit 
at which the fee is charged;
    (5) The economic and administrative feasibility of fee collection; 
and,
    (6) Other pertinent factors.
    (b) There shall be two types of single-visit entrance fees charged 
at Designated Entrance Fee Areas for those persons not covered by either 
Golden Eagle or Golden Age Passports.
    (1) The fee for a single-visit permit applicable to those persons 
entering by private, noncommercial vehicle shall be no more than $3 per 
vehicle. The single-visit permit shall admit the permittee and all 
persons accompanying him in said vehicle. The single-visit permit shall 
be valid only at the one Designated Entrance Fee Area for which it was 
purchased. ``Accompanying,'' for the purpose of this section, shall mean 
entering together with the permittee while being transported by the same 
private, noncommercial vehicle which the permittee occupies.
    (2) The fee for a single-visit permit applicable to those persons 
entering by

[[Page 370]]

any means other than private, noncommercial vehicle shall be no more 
than $1.50 per person and shall be valid at the one Designated Entrance 
Fee Area for which it is paid.
    (c) Any of the permits provided for in paragraphs (a) and (b) of 
this section shall be valid at the Designated Entrance Fee Area for 
which it was purchased during the same calendar day of purchase. In 
addition, at overnight use areas, the single-visit permit shall be valid 
as long as the permittee and those covered by his permit remain within 
the boundaries of the Designated Entrance Fee Area, beginning from the 
first day of entry until the day of departure; except that on the same 
day that the entrance fee is paid, the permittee and those covered by 
the permit may leave and reenter without payment of additional fees.

[39 FR 33217, Sept. 16, 1974, as amended at 41 FR 22563, June 4, 1976. 
Redesignated at 46 FR 34329, July 1, 1981, and correctly redesignated at 
46 FR 43045, Aug. 26, 1981]



Sec. 71.8  Validation and display of entrance permits.

    (a) Every annual and lifetime permit shall be validated by the 
signature of its bearer on the face of the permit at the time of its 
receipt.
    (b) All annual, lifetime and single-visit permits shall be 
nontransferable.
    (c) Every permit shall be kept on the person of its owner, and shall 
be exhibited on the request of any authorized representative of the 
administering bureau.



Sec. 71.9  Establishment of recreation use fees.

    (a) Recreation use fees shall be established by all outdoor 
recreation administering agencies of the Department of the Interior in 
accordance with the following criteria:
    (1) The direct and indirect cost to the government,
    (2) The benefit to the recipient,
    (3) The public policy or interest served,
    (4) The comparable recreation fees charged by other Federal 
agencies, non-Federal public agencies and the private sector located 
within the service area of the management unit at which the fee is 
charged,
    (5) The economic and administrative feasibility of fee collection, 
and
    (6) Other pertinent factors.
    (b) With the approval of the Secretary of the Interior recreation 
use fees may be established for other types of facilities in addition to 
those which are listed below.
    (c) Types of recreation facilities for which use fees may be 
charged:

Tent, trailer and recreation vehicle sites \1\
---------------------------------------------------------------------------

    \1\ Provided, That in no event shall there be a charge for the use 
of any campsite and adjacent related facilities unless the campground in 
which the site is located has all of the following: Tent or trailer 
spaces, drinking water, access road, refuse containers, toilet 
facilities, personal collection of the fee by an employee or agent of 
the bureau operating the facility, reasonable visitor protection, and 
simple devices for containing a campfire (where campfires are 
permitted).
---------------------------------------------------------------------------

Group camping sites \1\ \2\
---------------------------------------------------------------------------

    \2\ The administering agency may establish a group use rate in lieu 
of the above ``Group Camping Sites'' recreation use fee in accordance 
with the criteria set out in this section provided such rate is not less 
than $3.00 per day per group. Such a group use rate may constitute 
either a special recreation permit fee or a recreation use fee as 
determined by the administering agency.
---------------------------------------------------------------------------

Specialized boat launching facilities and services \3\
---------------------------------------------------------------------------

    \3\ Use fees for boat ramps are prohibited. However, in the case of 
boat launching facilities with specialized facilities or services, such 
as mechanical or hydraulic lifts, reasonable fees may be assessed in 
accordance with the criteria set out in a paragraph (a) of this section.
---------------------------------------------------------------------------

Lockers
Boat storage and handling
Elevators
Ferries and other means of transportation
Bathhouses
Swimming pools
Overnight shelters
Guided tours
Electrical hook-ups
Vehicle and trailer storage
Rental of nonmotorized boats
Rental of motorized boats
Rental of hunting blinds
Reservation services
Specialized sites (highly developed)

[45 FR 43168, June 26, 1980. Redesignated at 46 FR 34329, July 1, 1981, 
and correctly redesignated at 46 FR 43045, Aug. 26, 1981]

[[Page 371]]



Sec. 71.10  Special recreation permits and special recreation permit fees.

    (a) Special recreation permits may be required in accordance with 
procedures established by the administering bureaus for specialized 
recreation uses, such as, but not limited to, group activities, 
recreation events, and the use of motorized recreation vehicles. In any 
instance where such a permit is required, the following conditions must 
be satisfied:
    (1) The use complies with pertinent State and Federal laws and 
regulations on public health, safety, air quality, and water quality;
    (2) The use will not adversely impact archeological, historic or 
primitive values and is not in conflict with existing resource 
management programs and objectives;
    (3) The necessary clean-up and restoration is made for any damage to 
resources or facilities; and
    (4) The use is restricted, to the extent practicable, to an area 
where minimal impact is imposed on the environmental, cultural or 
natural resource values.
    (b) Fees for special recreation permits shall be established by all 
outdoor recreation bureaus of the Department of the Interior issuing 
such permits in accordance with the following criteria:
    (1) The direct and indirect cost to the Government;
    (2) The benefit to the recipient;
    (3) The public policy or interest served;
    (4) The comparable recreation fees charged by other Federal and non-
Federal public agencies within the service area of the management unit 
at which the fee is charged;
    (5) The economic and administrative feasibility of fee collection; 
and
    (6) Other pertinent factors.



Sec. 71.11  Collection of Federal recreation fees.

    The bureaus of the Department of the Interior administering outdoor 
recreation programs shall provide for the collection of entrance fees at 
the place of admission to Designated Entrance Fee Areas; they shall 
provide for the collection of recreation use fees and/or special 
recreation permit fees at the place of use or at a location reasonably 
convenient for the public and the bureaus.



Sec. 71.12  Enforcement.

    Persons authorized by the heads of the appropriate bureaus to 
enforce these regulations may arrest any person who violates these rules 
and regulations within areas under the administration or authority of 
such bureau head with a warrant or, if the offense is committed in his 
presence, without a warrant. Any violations of the rules and regulations 
issued in this part, except those in Sec. 71.15, shall be punishable by 
a fine of not more than $100.



Sec. 71.13  Exceptions, exclusions, and exemptions.

    In the application of the provisions of this part, the following 
exceptions, exclusions, and exemptions shall apply:
    (a) Nothing contained herein shall authorize Federal hunting or 
fishing licenses or fees;
    (b) No entrance fee shall be charged for travel by private 
noncommercial vehicle over any National Parkway, or any road or highway 
established as part of the National Federal-Aid System, which is 
commonly used by the public as a means of travel between two places, 
either or both of which are outside the Designated Entrance Fee Area;
    (c) No entrance fee shall be charged for travel by private 
noncommercial vehicle over any road or highway to any land in which such 
person has any property right if such land is within any Designated 
Entrance Fee Area.
    (d) No Federal recreation fee shall be charged for commercial or 
other activities not related to recreation, including, but not limited 
to, organized tours or outings conducted for educational or scientific 
purposes related to the resources of the area visited by bona fide 
institutions established for these purposes. Applicants for waiver of 
fees on this basis will be required to provide documentation of their 
official recognition as educational or scientific institutions by 
Federal, State or local government bodies and will also be required to 
provide a statement as to the purposes of the visit proposed. The use of 
any recreation facilities for which a

[[Page 372]]

fee waiver is requested must relate directly to scientific or 
educational purposes of the visit and may not be primarily for 
recreational purposes. No Federal recreation fee shall be charged any 
hospital inmate actively involved in medical treatment or therapy in the 
area visited.
    (e) No entrance fee shall be charged any person conducting State, 
local, or Federal government business.
    (f) No entrance fee shall be charged at any entrance to Great Smoky 
Mountains National Park unless such fees are charged at main highway and 
thoroughfare entrances.
    (g) No entrance fees shall be charged for persons who have not 
reached their 16th birthday.
    (h) Until July 12, 1975, no entrance fee shall be charged a foreign 
visitor to the United States seeking admission to any Designated 
Entrance Fee Area upon presentation of a valid passport.
    (i) No entrance fees shall be charged persons having a right of 
access to lands or waters within a Designated Entrance Fee Area for 
hunting or fishing privileges under a specific provision of law or 
treaty.

[39 FR 33217, Sept. 16, 1974; 39 FR 36114, Oct. 8, 1974. Redesignated at 
44 FR 7143, Feb. 6, 1979, and 46 FR 34329, July 1, 1981, and correctly 
redesignated at 46 FR 43045, Aug. 26, 1981]



Sec. 71.14  Public notification.

    The administering bureaus shall notify the public of the specific 
Federal recreation fees which will be charged at areas and for 
facilities and uses under their jurisdiction. Such notification shall be 
accomplished by the posting of fee information in accordance with 
Sec. 71.4 and the inclusion of such information in publications 
distributed at each area or facility. Public announcements, press 
releases and any other suitable means may also be used to provide such 
notification.



Sec. 71.15  The Golden Eagle Insignia.

    (a) Definitions. (1) The term ``The Golden Eagle Insignia'' 
(hereinafter ``Insignia'') as used in this section, means the words 
``The Golden Eagle'' and the representation of an American Golden Eagle 
(colored gold) and a family group (colored midnight blue) enclosed 
within a circle (colored white with a midnight blue border) framed by a 
rounded triangle (colored gold with a midnight blue border) which was 
originated by the Department of the Interior as the official symbol for 
Federal recreation fee areas.
    (2) The term ``Secretary'' as used in this section, means the 
Secretary of the Interior or any person designated to act for him in any 
matter to which this section refers.
    (3) The term ``commercial use,'' as used in this section, refers to 
any use, including the reproduction, manufacture, importation, or 
distribution, of the Insignia the primary purpose of which is to make a 
profit.
    (4) The term ``public service use,'' as used in this section, refers 
to any use, including the reproduction, manufacture, importation, or 
distribution, of the Insignia the primary purpose of which is to 
contribute to the public's information and education about the Federal 
recreation fee program.
    (5) The term ``official use'' refers to uses of the Insignia 
pursuant to Secs. 71.4, 71.5, 71.6, 71.8, 71.10, and 71.14, including, 
but not limited to, the posting of areas, facilities, and uses with the 
designation sign described in Sec. 71.4(a), and the design of Golden 
Eagle and Golden Age Passports, and uses of the Insignia by other 
Federal agencies.
    (6) The Golden Eagle program refers to the Federal outdoor 
recreation fee program, which provides for the designation of entrance 
fee areas, recreation use facilities, special recreation permit uses, 
the issuance of Golden Eagle and Golden Age Passports, and the 
collection and enforcement of fees at Federal areas and facilities and 
for specialized recreation uses established by the Land and Water 
Conservation Fund Act of 1965, 16 U.S.C.A. 4601-6a (Supp., 1974), as 
amended.
    (b) Licenses for commercial and public service use. (1) Any person, 
business, or organization (hereinafter called the applicant) wishing a 
license for commercial or public service use of the Insignia must make 
written application to the Secretary stating:
    (i) The nature and scope of the intended use.
    (ii) The applicant's name and address.

[[Page 373]]

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

[[Page 374]]

Nonuse for a continued period of 2 years shall constitute abandonment.



PART 72--URBAN PARK AND RECREATION RECOVERY ACT OF 1978--Table of Contents




                           Subpart A--General

Sec.
72.1  Purpose of regulations.
72.2  Legislative authority.
72.3  Definitions.
72.4-72.9  [Reserved]

                Subpart B--Local Recovery Action Program

72.10  General requirements.
72.11  Action program components.
72.12  Assessment of needs, problems and issues.
72.13  Action plan.
72.14  [Reserved]
72.15  Preliminary Action Program.
72.16  Preliminary Action Program requirements.
72.17  Preliminary Action Program--commitments to be included.
72.18-72.29  [Reserved]

       Subpart C--Grants for Recovery Action Program Development, 
                      Rehabilitation and Innovation

72.30  General requirements.
72.31  [Reserved]
72.32  Funding and matching share.
72.33  Timing and duration of projects.
72.34-72.35  [Reserved]
72.36  Land ownership, control and conversion.
72.37  Pass-through funding.
72.38-72.39  [Reserved]
72.40  Historic properties.
72.41  Demolition and replacement of existing recreation properties.
72.42  Expansion and new development.
72.43  Fundable elements: Recovery Action Program grants.
72.44  Fundable elements: Rehabilitation and Innovation grant common 
          elements.
72.45  Fundable elements: Innovation grants.
72.46  Citizen participation requirements.
72.47  [Reserved]
72.48  Federal coordination.
72.49  [Reserved]

         Subpart D--Grant Selection, Approval and Administration

72.50  Grant selection criteria.
72.51  A-95 clearinghouse requirements.
72.52  Recovery Action Program grant applications.
72.53  Preapplication process for Rehabilitation and Innovation grants.
72.54  Rehabilitation and Innovation grants--full application process.
72.55  [Reserved]
72.56  Grant program compliance requirements.
72.57-72.59  [Reserved]
72.60  Grant administrative procedures.
72.61  [Reserved]
72.62  Amendments to approved grants.
72.63  Grant payments.
72.64  [Reserved]
72.65  Other requirements.

         Subpart E--Post-Completion Compliance Responsibilities

72.70  Applicability.
72.71  Information collection.
72.72  Conversion requirements.
72.73  Residency requirements.
72.74-72.75  [Reserved]

Appendix A to Part 72--Criteria for Eligibility
Appendix B to Part 72--List of Eligible Jurisdictions

    Authority: Title X, National Parks and Recreation Act of 1978, Pub. 
L. 95-625 (16 U.S.C. 2501-2514); sec. 2 of Reorganization Plan No. 3 of 
1950 (64 Stat. 1262).



                           Subpart A--General

    Source: 45 FR 71718, Oct. 29, 1980. Redesignated at 46 FR 34329, 
July 1, 1981, and correctly redesignated at 46 FR 43045, Aug. 26, 1981, 
unless otherwise noted.



Sec. 72.1  Purpose of regulations.

    The purpose of this rule is to set forth guidelines for awarding and 
administering the three types of grants available through the UPARR 
program. The three types of grants available are: Rehabilitation, 
Innovation and Recovery Action Program. The objectives of this rule are 
to: (1) Explain the policies to be followed for awarding grants; (2) 
list the requirements and criteria to be met for each type of grant and 
discretionary eligibility; (3) discuss fundable uses and limitations; 
(4) explain how proposals will be selected and funded; and (5) describe 
the application process and administrative procedures for awarding 
grants.



Sec. 72.2  Legislative authority.

    The policies and procedures of this rule are created to implement 
the Urban Park and Recreation Recovery

[[Page 375]]

Act of 1978, Title X of the National Parks and Recreation Act of 1978, 
Public Law 95-625, 16 U.S.C. 2501-2514. The Act provides Federal grants 
to economically hard-pressed communities specifically for the 
rehabilitation of critically needed recreation areas and facilities, and 
for the development of improved recreation services this program is 
authorized for a period of five years.



Sec. 72.3  Definitions.

    As used in this part:
    Applicant Jurisdiction: The general purpose local government making 
the actual funding request or in receipt of UPARR funding assistance. 
This term applies whether the unit is an eligible or discretionary 
applicant.
    Appropriation: The yearly funding level made available by Congress 
to implement the UPARR Act.
    Assistance: Funds made available by the Service to a grantee in 
support of a public recreation project.
    Direct Expenditures or Direct Costs: Those expenditures or costs 
that can be associated with a specific project.
    Director: The Director of the National Park Service Conservation and 
Recreation Service or any other officer or employee of the Service to 
whom is delegated the authority involved.
    Discretionary Applicants: General purpose local governments in 
Standard Metropolitan Statistical Areas as defined by the Census but not 
included in the list of eligible applicants developed and published in 
accord with Sec. 1005 of the UPARR Act.
    Federal Management Circular 74-4 (FMC 74-4): FMC 74-4 establishes 
principles and standards for determining (administrative) costs 
applicable to grants and contracts with State and local governments.
    General Purpose Local Government: Any city, county, town, township, 
parish, village, or other general purpose political subdivision of a 
State, including the District of Columbia, and insular areas.
    Grant: The act of providing a specific sum of money for the 
development of a specific project, consistent with the terms of a signed 
agreement; also the amount of money requested or awarded.
    Grantee: The general purpose local government receiving a UPARR 
grant for its given use, or for authorized pass-through to another 
appropriate public or private non-profit agency.
    NPS: National Park Service Conservation and Recreation Service.
    Historic Property: Such a property is one listed in, or determined 
eligible to be listed in the National Register of Historic Places.
    In-kind Contributions: In-kind contributions represent the value of 
non-cash contributions provided by: (1) the grantee, (2) other public 
agencies and institutions, and (3) private organizations and 
individuals. In-kind contributions may consist of the value of donated 
or loaned equipment or supplies, or contributed services directly 
benefiting and specifically identifiable to the project, and can be used 
as part of the grantee's non-Federal matching share.
    Innovation Grants: Matching grants to local governments to cover 
costs of personnel, facilities, equipment, supplies, or services 
designed to demonstrate innovative, and cost-effective or service-
effective ways to augment park and recreation opportunities at the 
neighborhood level; and to address common problems related to facility 
operations and improved delivery of recreation service, excluding 
routine operation and maintenance activities.
    Insular Areas: Guam, the Virgin Islands, American Samoa and the 
Northern Mariana Islands.
    Maintenance: All commonly accepted practices necessary to keep 
recreation areas and facilities operating in a state of good repair, and 
to protect them from deterioration resulting from normal wear and tear.
    OMB Circular A-95 (A-95): Establishes procedures for the evaluation, 
review and coordination of Federal and federally assisted programs and 
projects. This circular defines project notification and review 
procedures governing Federal grant agencies, State, metropolitan and 
areawide clearinghouses.
    OMB Circular A-102 (A-102): Circular A-102 provides the standard for 
establishing consistency and uniformity among Federal agencies in the 
administration of grants to States, localities and federally recognized 
Indian tribes.

[[Page 376]]

    Participant: The grantee, or other agency or organization requesting 
and/or receiving assistance.
    Pass-through: The transfer of funds at the discretion of the 
applicant jurisdiction, to independent, general or special purpose local 
governments, private non-profit agencies (including incorporated 
community or neighborhood groups), or county or regional park 
authorities, who offer recreation opportunities to the general 
population within the jurisdictional boundaries of the applicant 
jurisdiction.
    Pass-through recipient: Synonymous with subgrantee.
    Private Non-profit Agency: A reputable community-based, non-profit 
organization, corporation, or association organized for purposes of 
providing recreation, conservation, education or other community 
services directly to urban residents; on a neighborhood or communitywide 
basis, through voluntary donations, voluntary labor, or public or 
private grants.
    Project: A single site-specific area or service-specific program 
proposed or approved for funding.
    Project Costs: All necessary charges made by a grantee in 
accomplishing the objectives of a project, during the grant period.
    Property: Site and/or facility.
    Proposal: An application for UPARR assistance which may contain one 
or more projects.
    Recovery Action Program: A local park and recreation Recovery Action 
Program (plan) required under section 1007 of the UPARR Act, which 
contains expressions of continuing local commitment to objectives, 
priorities and implementation strategies for overall park and recreation 
system planning, rehabilitation, service, operation and maintenance.
    Recreation Areas and Facilities: Parks, buildings, sites, or other 
indoor or outdoor facilities which are dedicated to recreation purposes 
and administered by public or private non-profit agencies to serve the 
recreation needs of community residents. These facilities must be open 
to the public and readily accessible to residential neighborhoods. They 
may include multiple-use community centers which have recreation as one 
of their primary purposes, but major sports areas, exhibition areas, and 
conference halls used primarily for commercial sports, spectator, or 
display activities are excluded from UPARR assistance.
    Rehabilitation Grants: Matching capital grants to local governments 
for the purpose of rebuilding, remodeling, expanding, or developing 
existing outdoor or indoor recreation areas and facilities; including 
improvements in park landscapes, buildings, and support facilities; 
excluding routine maintenance and upkeep activities.
    Secretary: The Secretary of the Interior.
    SMSA: Standard Metropolitan Statistical Area as defined by the 
Bureau of the Census.
    Special Purpose Local Government: Any local or regional special 
district, public-purpose corporation or other limited political 
subdivision of a State: including but not limited to, park authorities; 
park, conservation, water or sanitary districts; and school districts.
    Sponsor: See Participant.
    State: Any State of the United States, or any instrumentality of a 
State approved by the Governor; the Commonwealth of Puerto Rico, and 
insular areas.
    Statewide Comprehensive Outdoor Recreation Plan (SCORP): A State 
recreation plan required by the Land and Water Conservation Fund Act.
    Subgrantee: A general or special purpose local government, private 
non-profit agency, county or regional park authority requesting or in 
receipt of UPARR funding under an applicant jurisdiction.
    UPARR: Urban Park and Recreation Recovery Act of 1978 or Program.



Secs. 72.4-72.9  [Reserved]



                Subpart B--Local Recovery Action Programs

    Source: 45 FR 15457, Mar. 10, 1980. Redesignated at 46 FR 34329, 
July 1, 1981, and correctly redesignated at 46 FR 43045, Aug. 26, 1981, 
unless otherwise noted.



Sec. 72.10  General requirements.

    Any eligible jurisdiction or discretionary applicant desiring to 
apply for a grant must develop, submit and have

[[Page 377]]

approved a local Action Program. The Action Program must be submitted to 
the appropriate National Park Service Regional Office where it will be 
evaluated and approved. This is a necessary requirement which must 
precede the awarding of any rehabilitation or innovation grant. Until 
January 1, 1981, this requirement may be satisfied with an approved 
Preliminary Action Program. The Preliminary Action Program must include 
a firm commitment by the local government to complete and adopt a full 
Action Program within one year of approval of the Preliminary Action 
Program. After January 1, 1981, no rehabilitation or innovation grant 
will be awarded without an approved Recovery Action Program on file with 
the appropriate Regional Office. Communities are required to submit four 
(4) copies of the Action Program. Regional Offices and their States are:

                            Northeast Region

Federal Office Bldg. Room 9310, 600 Arch Street, Philadelphia, 
          Pennsylvania 19106.
    Connecticut, Delaware, Maine, Maryland, Massachusetts, New 
Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, 
Virginia, West Virginia, and the District of Columbia.

                            Southeast Region

75 Spring Street, Atlanta, Georgia 30303.
    Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, 
Puerto Rico, South Carolina, Tennessee, and the Virgin Islands.

                           Lake Central Region

Federal Building, Ann Arbor, Michigan 48107.
    Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin.

                          Mid-Continent Region

Denver Federal Center, P.O. Box 25387, Denver, Colorado 80225.
    Colorado, Iowa, Kansas, Missouri, Montana, Nebraska, North Dakota, 
South Dakota, Utah, and Wyoming.

                        Pacific Southwest Region

450 Golden Gate Avenue, San Francisco, California 94102.
    American Samoa, Arizona, California, Guam, Hawaii, and Nevada.

                            Northwest Region

Federal Building, 914 Second Avenue, Seattle, Washington 98174.
    Idaho, Oregon and Washington.

                          South Central Region

5000 Marble Avenue, N.E., Albuquerque, New Mexico 87110.
    Arkansas, Louisiana, New Mexico, Oklahoma, and Texas.

                           Alaska Area Office

1011 East Tudor, Suite 297, Anchorage, Alaska 99503.

(Sec. 1007(a) and (b) of Title X National Parks and Recreation Act of 
1978, Pub. L. 95-625, (16 U.S.C. 2506); sec. 2 of Reorganization Plan 
No. 3 of 1950 (64 Stat. 1262))

[45 FR 54335, Aug. 15, 1980. Redesignated at 46 FR 34329, July 1, 1981; 
and correctly redesignated at 46 FR 43045, Aug. 26, 1981]



Sec. 72.11  Action program components.

    The local government will submit an Action Program which documents 
the recreation needs of the community together with action plans to meet 
those identified needs. This Action Program will indicate how the park 
and recreation system will be revitalized and maintained. While the 
emphasis of the Action Program will be placed on the rehabilitation of 
deteriorating facilities, it also will describe how the rehabilitation 
effort is linked to the overall goals, priorities and strategies of the 
park and recreation system. The local government must develop the Action 
Program consistent with and linked to the objectives, needs, plans, and 
institutional arrangements of the community. The Action Program must 
present evidence of its consistency with the community's long-range 
goals and plans as expressed in its comprehensive plans and other 
documents. The Action Program consists of two sections which are the 
Assessment and the Action Plan.



Sec. 72.12  Assessment of needs, problems and issues.

    The Action Program should begin with an Assessment describing the 
existing park and recreation system; issues and problems; goals and 
objectives. The Assessment should summarize the entire system including: 
Operation and maintenance; employment and training; programs and 
services; rehabilitation of existing facilities; and the need for new 
facilities. The Assessment should also describe how the park and 
recreation system relates to other

[[Page 378]]

public and private services. The Assessment consists of six parts which 
are as follows:
    (a) Context. The context should provide:
    (1) A short description of the local jurisdiction including: 
population; economy; geographical location; type of government; how the 
park department fits into the government structure; how the planning for 
parks and recreation is achieved; and the relationship to the 
community's comprehensive planning effort.
    (2) A brief descriptive overview of the park and recreation system 
which includes a discussion of: The populations being served both within 
and outside of the jurisdiction; the types of services being provided; 
the degree to which the system is available and accessible to the 
populations intended to be served; and projected changes in system use.
    (3) A discussion of the elements of planning, financing, 
programming, operation and maintenance, acquisition and development, and 
other factors common to park and recreation systems and other community 
services and prospects for future coordination.
    (4) A discussion of the approaches and mechanisms used for citizen 
participation.
    (b) Physical Issues. Summary information should be provided on 
existing facilities including:
    (1) Types of facilities and the distribution of acreage and uses at 
different locations;
    (2) Intergration of park and recreation planning and facility use 
with other service agencies such as schools, transportation and housing;
    (3) Special facilities for the handicapped or elderly as well as 
facilities which work to mainstream special populations;
    (4) Heavily used non-public or quasi-public facilities;
    (5) Facilities of historical and architectural significance which 
provide recreation and are managed by the park system;
    (6) Dependence upon nearby recreation resources outside the local 
jurisdictions, including public and private resources;
    (7) Deficiencies and existing facilities and the needs of the 
community for new facility development, expansion and/or closure of 
facilities and the effects of such activities.
    (c) Rehabilitation Issues. Summary information should be provided on 
the need for rehabilitation of facilities. This should include:
    (1) Geographic areas needing rehabilitation;
    (2) Types of sites and properties for rehabilitation;
    (3) Importance of rehabilitation in specific geographic areas; and
    (4) Value of rehabilitation over replacement through new facility 
development.
    (d) Service Issues. Summary information on existing services should 
outline activities and needs in the following areas:
    (1) The type, extent and intended beneficiaries of recreation 
services;
    (2) Special programs for the handicapped, elderly, minorities and 
mainstreaming programs for special populations;
    (3) Relationship between and coordination with public and 
significant non-public programs and private sector groups;
    (4) Extent to which park and recreation services relate to other 
community services including joint programs with schools, social service 
organizations, historic preservation groups, libraries, or community 
education facilities;
    (5) Coordination with Federal, State (SCORP), regional, county and 
other jurisdictional plans and activities having direct and indirect 
impacts on parks and recreation.
    (e) Management Issues. Management issues deal with operation of the 
park and recreation system. Information should summarize the needs and 
issues of:
    (1) Process for developing procedures and policies;
    (2) Staffing levels including full-time, seasonal and service 
personnel, and use of volunteers;
    (3) Use of contractual services for recreation programming;
    (4) Equipment maintenance and replacement policies; and
    (5) Budgeting process, funding cycles and budgets for the past three 
years

[[Page 379]]

and methods of budgeting (such as zero based or performance budgeting).
    (f) Conclusions, Implications and Issues. This section should state 
major conclusions of the discussions in previous sections, summarize the 
major problems and highlight the implications for actions needed to 
address the problems which have been outlined in the issues sections.



Sec. 72.13  Action plan.

    The purpose of the Assessment is to provide background and 
justification for an Action Plan. The Action Plan, which is the 
essential core of the Action Program, must be a clear statement of the 
community's specific objectives, priorities and implementation 
strategies in relation to the intent of the Urban Park and Recreation 
Recovery Program and the local government's overall recreation system 
goals. The Action Plan should be carefully tailored to the comprehensive 
community goals and directly responsive to the needs and problems 
identified in Sec. 72.12. Citizen involvement in the development of the 
Action Plan is required and may include surveys, hearings, meetings, 
and/or consultation as appropriate. This involvement is essential in the 
development of goals, objectives and the setting of project priorities.
    (a) Goals for the System. This section should set forth the overall 
goals and specific objectives for the system. Goals will clearly relate 
to the needs and issues identified in the Assessment and must be 
projected for at least the five-year life of the Action Program. The 
goals should be consistent with and, where appropriate, included in the 
general planning goals of the local government. Where local governments 
have developed, adopted and are utilizing an overall park and recreation 
plan, the goals of that plan may be appropriate for this requirement. 
Goals should be the basis for priorities, schedules and implementation 
strategies stated in the plan.
    (b) Strategies to Address National and Local Concerns. This section 
should include a description of local strategies for recreation system 
recovery. A ``strategy'' defines the total approach to remedying system 
deficiencies and provides a rationale for priorities reflected in 
implementation schedules. Strategies should be devised which address the 
following national concerns:
    (1) Ways in which park and recreation plans contribute to, and will 
be interrelated with, the local government's community development and 
urban revitalization efforts;
    (2) The degree to which park and recreation plans serve citizens who 
reside in economically-distressed areas of the community and will 
improve access to park and recreation facilities and programs for 
minority groups, low- and moderate-income populations, and the 
handicapped;
    (3) The extent to which the Action Program and its plan component 
will relate employment opportunities for minorities, youth and low- and 
moderate-income residents;
    (4) How the plan seeks to obtain the widest range of beneficial uses 
of the natural environment and enhances and protects the natural 
environment;
    (5) How park and recreation resources will be targeted in 
neighborhoods where other neighborhood revitalization efforts are 
occurring;
    (6) How the plan seeks to restore outstanding or unique structures, 
landscapes, or similar features in parks of historical or architectural 
significance;
    (7) Local commitments to innovative and cost-effective programs and 
projects on the neighborhood level which augment recovery of park and 
recreation systems;
    (8) How the plan will be intergrated with other Federally assisted 
projects to maximize recreation opportunities;
    (9) How the plan will convert for recreation use, derelict and other 
public lands not designated for recreation; and
    (10) Inducements to encourage the private sector to provide 
neighborhood park and recreation facilities and programs.
    (11) How the plan will seek to preserve, restore and develop 
waterfront areas for recreation and open space.

If any of the above concerns are not of significance within a locality 
preparing the Recovery Action Program due to lack of the physical 
attributes described in the above eleven (11) items, the Action Plan 
should indicate why

[[Page 380]]

such strategies are not appropriate. Most communities will also have 
their own special concerns and should develop strategies to address 
them. These should accompany the strategies discussed above and provide 
a focus for specific recommendations.
    (c) Recommendations. Recommendations for improvement of the park and 
recreation system should be discussed. Each recommendation or group of 
recommendations should be accompanied by a discussion of the techniques 
the local government will use to implement the recommendations. 
Reference should be made to how the recommendations relate to 
deficiencies, needs, and opportunities identified in previous sections 
of the Action Program. A brief physical development plan for the entire 
park and recreation system should be included. This can be accomplished 
with a map which indicates where existing facilities and activities 
occur as well as where future developments are to occur. Particular 
reference shall be made to populations served and indicated 
deficiencies.
    (d) Program Priorities and Implementation Schedule. A statement of 
system priorities and a schedule for implementation shall be included. 
These priorities, together with justifying objectives and strategies for 
implementation shall be presented. Priorities presented will be an 
important factor in the evaluation and approval of requests for UPARR 
funding. Active and continued citizen participation is necessary 
throughout the process. Specific projects to be undertaken and the 
programs to be improved, expanded, introduced, or eliminated through 
rehabilitation, physical, service, management, and coordination actions 
should be discussed. A clear assignment of agency responsibility and an 
estimate of the costs of implementation should accompany these 
priorities.
    (e) Evaluation and Updating of Action Program. This section should 
outline a specific program for annual monitoring, evaluating, and 
updating of the complete Action Program, including both improvements 
needed in the Assessment and the Action Plan. Citizen involvement is 
essential in the evaluation and monitoring of the Action Program. Copies 
of approved Action Programs must be readily available to the public to 
insure adequate opportunities for citizen review and comment.



Sec. 72.14  [Reserved]



Sec. 72.15  Preliminary Action Program.

    During an initial interim period, the Action Program requirements, 
as described in Secs. 72.11, 72.12 and 72.13 may be satisfied by local 
governments' submission of a Preliminary Action Program. The initial 
interim period shall end on January 1, 1981. Communities are required to 
submit four (4) copies of the Preliminary Action Program.

(Sec. 1007(a) and (b) of Title X National Parks and Recreation Act of 
1978, Pub. L. 95-625, (16 U.S.C. 2506); sec. 2 of Reorganization Plan 
No. 3 of 1950 (34 Stat. 1262))

[45 FR 54335, Aug. 15, 1980. Redesignated at 46 FR 34329, July 1, 1981, 
and correctly redesignated at 46 FR 43045, Aug. 26, 1981]



Sec. 72.16  Preliminary Action Program requirements.

    The following information must be submitted:
    (a) Evidence of physical deficiencies. A general description of the 
problems confronted by the local government in bringing its facilities 
up to an adequate level of quality, the basis for the determination that 
certain facilities are deficient, and the general level of deficient 
facilities found within the jurisdictions. Maps and other graphics 
should be used to indicate where the deficiencies are located, 
particularly in reference to the populations to be served.
    (b) Level of resource support. A summary of the public funds, 
including State and Federal, being spent by the jurisdiction on parks 
and recreation. A generalized description of the level of non-
governmental support (neighborhood, voluntary and business) shall also 
be given.
    (c) Adoption of goals. The existing park and recreation goals 
adopted by the governing body of the jurisdiction are to be included. 
Emphasis should be placed on what the local government is seeking to 
achieve in its parks and recreation systems, including the population it 
is attempting to serve, the facilities and services offered, and the

[[Page 381]]

providers (public agency or private sector).
    (d) Statement of priorities and implementation strategies. 
Description of the priorities set by the local government as related to 
the deficiencies outlined above, and the strategies used to allocate 
available resources over time. Included should be a brief discussion of 
the relationship of the Preliminary Action Program to other related 
community development, historic preservation and urban revitalization 
efforts underway in the jurisdiction.
    (e) Evidence of public participation. A description of the means by 
which citizens and public officials will be included early in the 
decision process for project selection, the setting of priorities and 
schedules, and the development of implementation strategies. Existing 
public participation efforts within the jurisdiction should be used.



Sec. 72.17  Preliminary Action Program--commitments to be included.

    Local governments may submit a Preliminary Action Program during the 
initial interim period in lieu of a full Action Program. The Preliminary 
Action Program must include a firm commitment by the local government to 
complete and adopt a full Action Program by October 1, 1980. This 
commitment must include a schedule for the development of the full 
Recovery Action Program. The schedule should outline the activities 
which will be undertaken, the anticipated time frame for the development 
and completion of these activities, and the resources of people, money 
and support services necessary for the development and completion of the 
Recovery Action Program. Notwithstanding the foregoing provisions 
concerning the use of the Preliminary Action Program, local governments 
are encouraged to prepare, adopt and submit as soon as possible a full 
Action Program which complies with the provisions of Secs. 72.11, 72.12, 
and 72.13. Local governments which have already made a commitment to 
park and recreation systems by establishing ongoing planning, 
rehabilitation, service, operation and maintenance programs may use 
these as a starting point for meeting Action Program requirements.



Secs. 72.18-72.29  [Reserved]



       Subpart C--Grants for Recovery Action Program Development, 
                      Rehabilitation and Innovation

    Source: 45 FR 71719, Oct. 29, 1980. Redesignated at 46 FR 34329, 
July 1, 1981, and correctly redesignated at 46 FR 43045, Aug. 26, 1981, 
unless otherwise noted.



Sec. 72.30  General requirements.

    Applicants must have an approved Recovery Action Program on file 
with the appropriate NPS Regional Office prior to applying for 
Rehabilitation or Innovation grants. Rehabilitation and Innovation 
proposals must be based on prioritites identified in the applicant 
jurisdiction's Recovery Action Program. Once NPS has indicated that a 
Rehabilitation or Innovation proposal is fundable, the applicant must 
meet all documentation requirements imposed by OMB Circulars A-102, A-95 
and FMC 74-4. Regional offices of NPS will provide technical assistance 
to grantees in complying with these requirements.



Sec. 72.31  [Reserved]



Sec. 72.32  Funding and matching share.

    (a) Recovery Action Program Grant Matching. Up to 50 percent 
matching grants are authorized for the preparation of Recovery Action 
Programs (RAP). State, local and private in-kind donations of assistance 
(salaries, supplies, printing, etc.) for the preparation of a RAP may be 
used as all or part of the 50 percent local match. Such in-kind 
contributions for the UPARR Program may not be used as the matching 
share for other federally-assisted programs. In addition, Section 1009 
of the Act provides that reasonable local costs of Recovery Action 
Program development may be used as part of a local match for Innovation 
or Rehabilitation grants only when the applicant has not recieved a 
Recovery Action Program grant. Reasonable costs means costs for 
supplies, salaries, etc., which are not excessive in relation to the 
normal market value within a geographic area. These costs must be well 
documented and included in the preapplication for the proposal in

[[Page 382]]

which they are to be used as a match. The match can only be used once, 
and allowed only after the RAP Has been approved by the respective NPS 
Regional Office.
    (b) Rehabilitation and Innovation grant matching. The program 
provides for a 70 percent Federal match for rehabilitating existing 
recreation facilities and areas. Seventy percent matching funds are also 
authorized to local governments for innovation grants which will address 
systemwide coordination, management and community resource problems 
through innovative and cost-effective approaches.
    (c) Sources of Matching Share--(1) State Incentive. As an incentive 
for State involvement in the recovery or urban recreation systems, the 
Federal government will match, dollar for dollar, State contributions to 
the local share of an Innovation or Rehabilitation grant; up to 15 
percent of the approved grant. The Federal share will not exceed 85 
percent of the approved grant. The Director shall also encourage States 
and private interests to contribute to the non-Federal share of project 
costs. State and local government shares may be derived from any State 
or local government source of revenue.
    (2) Cash. State, local and private funds may be used as the non-
Federal share of project costs. In addition, two types of Federal funds 
may be used as part of a local match: General Revenue Sharing (Treasury 
Department) and Community Development Block Grant (CDBG) program funds 
(Department of Housing and Urban Development) [See also Sec. 72.56(b)]. 
Section 1009 of the UPARR Act prohibits use of any other type of Federal 
grant to match UPARR grants.
    (3) Non-Cash--(i) Material goods. NPS encourages in-kind 
contributions including real property, buildings or building materials, 
and equipment to applicants by the State, other public agencies, private 
organizations or individuals. The value of the contributions may be used 
as all or part of the matching share of project costs, but must be 
appraised and approved by the 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 may not be used as the 
matching share for other Federally-assisted programs.
    (ii) Services. Any type of service or assistance which relates 
directly to a grant and the provision of a recreation opportunity, can 
be used as a matching share; e.g., technical and planning services, 
construction labor, playground supervision or management services.



Sec. 72.33  Timing and duration of projects.

    (a) Construction components of projects must be initiated during the 
first full construction season following grant approval. The time for 
completing construction components of either Rehabilitation or 
Innovation proposals will be limited to three years or three 
construction seasons, whichever is greater, unless in the opinion of the 
Director an extension of time not to exceed a designated period will 
assure that completion of the grant objectives will be cost-effective 
within funding currently available, in accord with established goals of 
the UPARR Program, and of benefit to the federal government. Any 
component of an Innovation proposal which is to provide services or 
programs, must be started within one year from grant approval. The grant 
project term and expiration date for Rehabilitation and Innovation 
proposals will be established by NPS at the time of grant approval.
    (b) When an applicant wishes to complete a project in a number of 
stages, the applicant may request UPARR assistance for all the stages in 
a single application or proposal. In such cases, the three year limit on 
construction still applies. If an applicant wishes to request funding 
for only a single stage at time, each stage must be structured in such a 
manner that it will increase the recreation utility of the property, or 
provide direct recreation opportunities, independent of subsequent 
stages. Funding of one stage of a multi-staged proposal in no way 
implies that subsequent stages will also be funded.

[[Page 383]]

    (c) Supplemental grants to existing innovation grants may be 
approved by the Director.

[45 FR 71719, Oct. 29, 1980. Redesignated at 46 FR 34329, July 1, 1981, 
and correctly redesignated at 46 FR 43045, Aug. 26, 1981, and amended at 
47 FR 15137, Apr. 8, 1982; 48 FR 3971, Jan. 28, 1983]



Secs. 72.34-72.35  [Reserved]



Sec. 72.36  Land ownership, control and coversion.

    Section 1010 of the Act provides that no property improved or 
developed with assistance through the program shall, without the 
approval of the Director, be converted to other than public recreation 
use. Therefore, any applicant or sub-grantee must demonstrate, at the 
time of grant approval, that it has adequate tenure and control of the 
land or facilities for which UPARR assistance is proposed, either 
through outright ownership or lease.
    (a) Lands or facilities that are not under adequate tenure or 
control will not be considered for UPARR assistance. If the land is not 
owned by the applicant or sub-grantee, then a non-revocable lease of at 
least 25 years, or a non-revocable lease providing ample time to 
amortize the total costs of the proposed activity, must be in effect at 
the time of grant approval. The lease cannot be revocable at will be the 
lessor. The costs of acquisition or leasing of land or facilities are 
not eligible for assistance under the provisions of the Act, section 
1014.
    (b) The conversion or replacement of properties assisted through 
UPARR to non-recreation use must be in accord with the current local 
Recovery Action Program, and approved by the Director. Requests for 
permission to convert UPARR-assisted properties must be submitted to the 
Director in writing. The replacement property must assure the provision 
of adequate recreation properties and opportunities of reasonable 
equivalent location and recreation usefulness. For leased property which 
is developed or improved with UPARR funds, the grantee, as a condition 
of the receipt of these funds, must specify in a manner agreed to by the 
Director, in advance of the conversion, how the converted property will 
be replaced once the lease expires.
    (c) UPARR Program funds may be used to rehabilitate facilities built 
or develop with LWCF assistance only after a determination is made by 
NPS that the facility has been maintained in accordance with the LWCF 
Program.
    (d) Applicants must certify that any property acquired after January 
2, 1971, and to be improved or enhanced by UPARR assistance, was 
acquired in conformance with Pub. L. 91-646, the Uniform Relocation and 
Land Acquisition Policies Act (See 41 CFR parts 114-50).



Sec. 72.37  Pass-through funding.

    Section 1006(a)(1) of the Act states that at the discretion of the 
applicant jurisdiction, and if consistent with an approved application, 
Rehabilitation and Innovation grants may be transferred in whole or in 
part to independent special purpose local governments, private non-
profit agencies (including incorporated community or neighborhood 
groups) or city, county, or regional park authorities, provided that 
assisted recreation areas owned or managed by them offer recreation 
opportunities to the general public within the boundaries of the 
applicant's jurisdiction. No UPARR funds may be passed through for 
Recovery Action Program grants. The decision on whether or not to pass 
money through to non-profit organizations or governmental units is made 
by the applicant jurisdiction which is responsible for the grant; not 
NPS. Organizations, agencies or governmental units seeking funding 
assistance on a pass-through basis must work with an applicant 
jurisdiction in the preparation of the UPARR application, and the 
applicant jurisdiction will be responsible for the submission of the 
application. The applicant jurisdiction has full responsibility and 
liability for funds passed through to subgrantees. In the event of 
default by the pass-through recipient, the applicant jurisdiction must 
assume responsibility for ensuring that all provisions of the grant 
agreement are carried out, including the continued delivery of 
recreation services resulting from the grant. The pass-through of funds 
may constitute the entire grant

[[Page 384]]

proposal submitted by an applicant jurisdiction, or may be only a 
portion of it.
    (a) Applicant responsibilities. The applicant jurisdiction possesses 
full responsibility and liability for funds passed-through to 
subgrantees. It should take precautions to ensure that pass-through 
agencies can reasonably be expected to comply with grant requirements.
    (1) Application requirements. The applicant jurisdiction is 
responsible for actual preparation and submission of both the pre- and 
final grant applications. Organizations, agencies or governmental units 
seeking funding assistance on a pass-through basis must work with the 
applicant jurisdiction. The applicant jurisdiction may request any or 
all of the necessay documentation from the subgrantee. It is essential 
that applicants take precautions to pass-through grants only to reliable 
and capable agencies or organizations that can reasonably be expected to 
comply with grant and project requirements.
    (2) Recommended pass-through recipient standards. Because the 
grantee has full responsibility for the pass-through grant, the grantee 
should ensure that subgrantees meet the following minimum standards.
    (i) Demonstrate a history of providing recreation services to the 
distressed community. The history of providing recreation services must 
be commensurate with the amount of UPARR assistance requested. A pass-
through subgrantee may be a non-profit or neighborhood organization 
which has provided other social services to the community, or a newly 
formed, but reliable and capable group which can reasonably be expected 
to comply with grant and project requirements.
    (ii) Take responsibility for the same application, administration 
and compliance responsibilities as that of the applicant jurisdiction.
    (iii) Certify that property improved or developed with UPARR funds 
will remain dedicated to public recreation use.
    (iv) Work through and with the applicant jurisdiction.
    (v) Demonstrate that the existing, or soon to be developed, 
recreation property which it owns or operates is accessible to residents 
of targeted distressed areas.
    (vi) Demonstrate adequate tenure and control of the property to be 
rehabilitated or used for innovation, through lease or ownership.
    (vii) Establish a contractual agreement with the applicant 
juisdiction which is binding and enforceable to assure that the 
applicant jurisdiction can adequately meet its contractual obligations 
under the grant.
    (viii) Be empowered to contract or otherwise conduct the activities 
to be supported as a result of the grant.
    (ix) Not discriminate on the basis of residence except in reasonable 
fee differentials.
    (x) Be generally recognized as a provider of service to urban 
residents.
    (xi) Have adequate financial resources, the necessary experience, 
organization, technical qualifications and facilities; or a firm 
commitment, arrangement, or ability to obtain such.
    (xii) Have an adequate financial management system which provides 
efficient and effective accountability and control of all property, 
funds, and assets sufficient to meet grantee needs and grantee audit 
requirements.
    (xiii) Private non-profit agencies or corporations should also be 
properly incorporated as a non-profit organization with an elected and 
autonomous board which meets regularly.
    (b) Pass-through property and fee limitations. Rehabilitation or 
Innovation assistance on property not in public ownership, operated by a 
private non-profit organization through a pass-through grant, will be 
limited to that portion of the property which directly provides 
recreation services. Such recreation services must be available to the 
public on a non-membership, non-fee, or reasonable fee basis, and during 
reasonable prime time. If a fee is charged or is required for the 
services resulting through the Rehabilitation or Innovation grant, the 
fee should be comparable to prevailing local rates for similiar 
services. Charges for recreation services will only be permitted if they 
do not unfairly jeopardize participation in the recreation service by 
the disadvantaged population.

[[Page 385]]



Secs. 72.38-72.39  [Reserved]



Sec. 72.40  Historic properties.

    Properties listed in or determined eligible for listing in the 
National Register of Historic Places must be treated in accordance with 
the Advisory Council on Historic Preservation procedures described in 36 
CFR 800, ``Protection of Historic and Cultural Properties.'' Applicants 
must identify such properties in the preapplication if they are situated 
at a UPARR grant site.



Sec. 72.41  Demolition and replacement of existing recreation properties.

    Demolition will only be supported when rehabilitation is not 
feasible or prudent. In the case of demolition, the demolition costs 
should not exceed 75% of the proposed cost for replacement. The 
applicant must present a cost analysis (well documented case) for 
demolition and replacement versus rehabilitation. When assistance for 
demolition is requested, the applicant must also indicate how the 
replacement will increase the site's recreation utility, and how the 
useable life of the property will be increased.



Sec. 72.42  Expansion and new development.

    (a) Expansion. Because the UPARR Program is targeted to distressed 
areas, every assurance should be made that if any expansion takes place, 
existing recreation facilities are up to building standards and the 
following general requirements are met.
    (1) The general category of sites/facilities or programs involved 
must be an identified priority in the jurisdiction's Recovery Action 
Program.
    (2) The results of the expansion must not substantially increase the 
personnel or maintenance costs of the applicant jurisdiction's overall 
recreation system unless expansion of the system has been addressed as a 
priority in the jurisdiction's Recovery Action Program, and the RAP 
strategies specifying how the funds for increased personnel or 
maintenance costs associated with the expansion will be obtained. The 
preapplication narrative must describe the extent of increased personnel 
and maintenance for the project(s) included in the proposal, if any, and 
methods of financing them.
    (3) The expansion must increase the extent, volume, scope, or 
quality of recreation opportunities to residents of distressed 
neighborhoods.
    (b) New development. For purposes of this program, new development 
is defined as the developing for changing of relatively unimproved 
property which has not previously been developed for recreation. This 
includes the creation of new parks and facilities.
    (1) Rehabilitation. New development will not be assisted under a 
rehabilitation grant.
    (2) Innovation. New development may be allowed under an Innovation 
grant when it is directly related to a specific innovative idea or 
technique, increases the utility of a property and/or service program, 
and increases recreation opportunites for users in the target area.



Sec. 72.43  Fundable elements: Recovery Action Program grants.

    Reasonable and documented costs necessary for preparing a Recovery 
Action Program may be reimbursed by UPARR funds from a 50 percent 
matching grant. These costs may include expenses for professional 
services; local public meetings; data collection and analysis; 
preparation, editing and printing of appropriate reports, plans, maps, 
charts and other documents forming a part of the plan; and supporting 
costs, supplies and other approved costs. Costs incurred prior to the 
approval of a Recovery Action Program grant will not be eligible for 
reimbursement or cost sharing.



Sec. 72.44  Fundable elements: Rehabilitation and Innovation grant common elements.

    (a) All Rehabilitation and Innovation proposals must be based on 
priorities identified in the applicant jurisdiction's local Recovery 
Action Program. An applicant may apply for UPARR assistance only in an 
amount which, together with other available public and private 
resources, is adequate to complete the work approved by the grant 
agreement. The applicant must document the availability and source of 
these resources at the time of

[[Page 386]]

preapplication for UPARR assistance. Fundable elements in both 
Rehabilitation and Innovation proposals may include: materials and 
labor, site planning, architectural and engineering fees, and other 
costs for activities necessary to complete the approved project. 
Reasonable architectural and engineering fees essential to the 
preparation of a proposal application, incurred within a period 9 months 
prior to preapplication submission to NPS, are reimbursable. 
Architectural and engineering fees prior to the 9 month period will not 
be eligible for reimbursement or cost sharing. Other costs incurred 
prior to approval of any UPARR grant, and fees to consultants for 
preparation of UPARR grant applications are not reimbursable. No more 
than 5 percent of the total grant cost may be used by the grantee or 
pass-through sub-grantee for grant administrative costs. The remaining 
funds must be made available for projects. Any costs incurred for travel 
outside the local applicant jurisdiction will not be reimbursable 
without prior approval from NPS.
    (1) Local intent. Rehabilitation and Innovation proposals which 
provide recreation to residents within a distressed local neighborhood 
area will be given higher priority. Proposals which have a primary 
intent to attract or to provide recreation for visitors from outside the 
applicant jurisdiction, or proposals whose primary objective is the 
enhancement of the area's economy through the attraction of visitors to 
the jurisdiction, will not be considered. Innovation proposals which 
transport residents from distressed neighborhoods to recreation 
opportunities outside the local jurisdiction, may be considered eligible 
for funding.
    (2) Conservation and energy. Proposals which foster the conservation 
of energy and natural resources are encouraged; e.g. improvements in 
accessibility which reduce the need of automobile transportation, 
efficient use of electrical or other power sources, and water 
conservation.
    (3) Multiple site requests. Rehabilitation and Innovation proposals 
may request funding for neighborhood-oriented recreation facilities or 
services which affect the entire recreation system of the applicant 
jurisdiction, several specific sites or areas, or a single site or area. 
Innovation proposals which affect multiple facilities or services must 
be oriented to a single purpose, or one basic innovative category or 
approach.
    (4) Support facilities. The rehabilitation of support facilities for 
any grant project will be eligible for funding only when such facilities 
are well defined, are included as part of an overall rehabilitation 
effort, and provide direct recreation opportunities and benefits to the 
population being served. Rehabilitation grants may cover costs of 
remodeling, expanding or developing (see Sec. 72.42) existing outdoor or 
indoor recreation areas and facilities, including improvements in park 
landscapes and buildings. Assistance for the rehabilitation of multi-
service facilities must be prorated to those elements within the 
proposal necessary for the provision of recreation opportunities.
    (5) Elements excluded from funding. The Act excludes UPARR 
assistance for major sport arenas, exhibition areas and conference halls 
used primarily for commercial sports, spectator, or display activities; 
routine maintenance and upkeep supplies or activities; and for the 
acquisition of land or interests in land.



Sec. 72.45  Fundable elements: Innovation grants.

    (a) Innovation grants may cover costs related to improved delivery 
of recreation services (including personnel, training, facilities, 
recreation equipment and supplies), except those which pertain to 
routine operation and maintenance not directly related to the provision 
of recreation opportunities. All equipment and supply requests in 
Innovation proposals will be reviewed to assure that they will 
substantially contribute to the recreation services intended under the 
specific grant. The intent of Innovation grants is to test new ideas, 
concepts and approaches aimed at improving facility design, operations 
or progamming in the delivery of neighborhood recreation services. They 
should also contribute to a systems approach to recreation by linking 
recreation services

[[Page 387]]

with other critical community programs; such as transportation, housing, 
and health programs. The UPARR Program will competitively choose the 
best quality Innovation proposals with nationwide demonstration 
potential, and which serve people who most need the new recreation 
services. An innovative community recreation project may be a service, a 
process, an organizational arrangement or a technique. The innovation 
should demonstrate a concept that is untried, unique, and/or advances 
the state of the art for recreation. Ideas from successful Innovation 
proposals will be disseminated nationwide through annual progress 
reports to Congress, as required in section 1015(b) of the Act, and 
through the ongoing technical assistance efforts of NPS. Information 
seminars, workshops and other techniques may also be used to provide the 
greatest possible exposure of these ideas for use in other communities. 
Because the legislation limits the yearly funds available for Innovation 
grants (not more than 10% of funds authorized), the majority of 
Innovation grants should ideally be monetarily smaller awards aimed at 
leveraging public and private community support and providing activities 
with high demonstration value, rather than large-scale development or 
expansion projects. The long-range intent of funding innovative 
proposals is to support and demonstrate a great variety of ideas during 
the five year implementation of the UPARR Program. For this reason, only 
one or two proposals having a similar emphasis or approach will be 
funded. Proposed Innovation projects which have been demonstrated before 
or are currently being operated in other cities, may be considered for 
UPARR assistance if the application identifies and addresses the 
question of the special nature or circumstances surrounding the new 
project.
    (1) Program services. Innovation grant costs may include those costs 
which relate to: demonstrations of the improved multiple-use of public 
buildings e.g., schools, community centers, libraries; unique program 
expansions or increases in services; purchase of recreation services on 
a contractual basis; increased access to recreation areas; and cost-
effective management techniques.
    (2) Adaptive reuse. In addition to providing services for areas or 
facilities already in recreation use, Innovation grants may provide 
funding for the adaptive reuse of areas or facilities not currently in 
recreation use, or those where mixed community use occurs. Physical 
rehabilitation of facilities not currently in recreation use (whether 
public or private) may be funded as part of an Innovation proposal, and 
would be classified as adaptive reuse. An example would be conversion of 
an abandoned building to a unique community recreation center. When only 
a portion of the area or facility will be used for recreation, only that 
portion will be eligible for UPARR funding.
    (3) Supplies. Funds may be used to purchase expendable supplies and 
equipment which relate directly to an Innovation proposal, such as 
sports equipment, arts and crafts supplies, chairs and tables if needed 
for an activity, and essential emergency or safety equipment. General 
office supplies and furniture not used exclusively to provide recreation 
services as a part of the proposal, or not an inherent component of the 
proposal, will not be reimbursable.
    (4) Coordination. Local costs incurred for coordinating any grant 
proposal activities and programs with other public, non-profit or 
private community services may be reimbursable.
    (5) Personnel. Eligible personnel costs for Innovation proposals 
will be limited to salaries and benefits of those employees directly 
engaged in the provision of recreation services or formulation of new 
techniques. Volunteer services may be furnished by professional and 
technical personnel, consultants, and other skilled and unskilled labor. 
Each hour of committed volunteer service may be counted toward the local 
matching share of funds, if the service provided is an integral part of 
an approved proposal.
    (6) Special populations. A proposal which will provide recreation 
opportunities primarily for a specific demographic group, such as the 
elderly, youth or handicapped, may be funded. However, the recreation 
provided must be open to the public, incorporate some

[[Page 388]]

activities for the general population, and address needs as identified 
in the local Recovery Action Program. Services for special populations, 
such as transportation to recreation facilities, may also be funded.
    (b) Basic types of Innovation proposals. Types of Innovation 
proposals which can be funded are suggested by, but not limited to, the 
following types:
    (1) The unique integration of recreation with other community 
services; such as transportation, public housing and public safety; 
either to expand or update current services, or to link programs within 
the social service structure of a neighborhood, or between 
neighborhoods.
    (2) New management and cost-saving or service-efficient approaches 
for improving the delivery of recreation services should be fundamental 
to all Innovation and Rehabilitation proposals, and may also be the 
prime focus of an Innovation proposal. Extending hours of operation, 
increasing the variety of recreation programs, contracting with 
commercial or private non-profit agencies to supply specific recreation 
services, or assisting citizens in designing and operating their own 
programs, are examples of management approaches.
    (3) New approaches to facility design which emphasize user needs and 
preferences and promote efficient operation and energy conservation.
    (4) New fiscal techniques to generate revenue for continuing 
operation and maintenance, such as tax credits.
    (5) Techniques for improving transportation and access to recreation 
opportunities.
    (6) Techniques to facilitate private, non-profit, and community 
involvement in providing recreation opportunities.
    (7) Improved use of land resources; such as utilizing abandoned 
railroads and highway rights-of-way, waterfronts, street spaces, or 
derelict land for recreation.
    (8) Adaptive reuse or multiple use of public or private facilities 
and areas. (Private areas or facilities utilized must be opened to the 
public.)
    (9) Techniques to prevent or reduce crime, abuse and vandalism; such 
as better design, non-destructible building materials, or use of 
community volunteers to supervise areas.
    (10) Communications and public awareness of recreation 
opportunities, including education in leisure services; but excluding 
research.



Sec. 72.46  Citizen participation requirements.

    (a) Recovery Action Program Grants. Citizen participation is 
required for developing and implementing a Recovery Action Program 
(Sec. 72, Subpart B), but is not required in the process of preparing a 
local Recovery Action Program grant application.
    (b) Rehabilitation and Innovation grant. The applicant shall provide 
citizens with an adequate opportunity to participate in the development 
of a Rehabilitation and/or Innovation proposal and in implementation, 
monitoring and evaluation of the activities supported through the 
grants. The applicant shall also encourage the submission of views and 
proposals, particularly by residents of blighted neighborhoods and 
citizens with low and moderate incomes. The applicant is encouraged to 
utilize a variety of approaches to ensure public involvement. Nothing in 
these requirements, however, shall be construed to restrict the legal 
responsibility and authority of the applicant for the execution of its 
Recovery Action Program, and the development of its UPARR applications.



Sec. 72.47  [Reserved]



Sec. 72.48  Federal coordination.

    Applicants requesting UPARR assistance under one of the three grant 
categories shall investigate the possibilities of administrative and/or 
funding coordination with other Federal programs. Higher priority is 
given to proposals which relate to a comprehensive neighborhood 
revitalization strategy, including, but not limited to programs such as 
the Department of Housing and Urban Development (HUD) Neighborhood Self-
Help program.

[[Page 389]]



Sec. 72.49  [Reserved]



         Subpart D--Grant Selection, Approval and Administration

    Source: 45 FR 71723, Oct. 29, 1980. Redesignated at 46 FR 34329, 
July 1, 1981; correctly redesignated at 46 FR 43045, Aug. 26, 1981, 
unless otherwise noted.



Sec. 72.50  Grant selection criteria.

    (a) Recovery Action Program grant selection criteria. The following 
criteria will be used in evaluating Recovery Action Program grant 
applications and in deciding priorities for funding:
    (1) Degree of need for funds to develop a Recovery Action Program 
and an ongoing planning process, including the size and complexity of 
the community's problems, deficiencies in existing planning, and in the 
capability of the community to initiate and sustain continuing planning 
efforts.
    (2) Degree of the community's commitment to systematic planning, 
including financial, personnel and time resources already devoted to 
planning or committed for the future.
    (3) Extent to which current park and recreation planning is 
integrated with overall community planning or would be better integrated 
as a result of the grant, including use of other Federal or State funds 
for related planning purposes.
    (4) Appropriateness and efficiency of the planning program's work 
elements (scope, timing, methodology, staffing and costs) in relation to 
the basic requirements for Recovery Action Programs contained in subpart 
B, Secs. 72.10 through 72.18 (45 FR 15456).
    (b) Rehabilitation Grant Selection Criteria. The following criteria 
will be used to evaluate and rank Rehabilitation proposals:
    (1) The Federal UPARR investment per person served by the entire 
system; relationship between the size of the community and the amount of 
grant funds requested. Highest priority will be given to proposals with 
lower per capita costs in relation to recreation benefits provided.
    (2) Providing neighborhood recreation needs. Higher priority will be 
given to proposals serving close-to-home recreation needs, lower 
priority to those serving area or jurisdiction-wide needs.
    (3) Condition of existing recreation properties to be rehabilitated, 
including the urgency of rehabilitation and the need to maintain 
existing services.
    (4) Improvement in the quality and quantity of recreation services 
as a result of rehabilitation, including improvements at specific sites 
and overall enhancement of the recreation system.
    (5) Improvement of recreation service to minority and low to 
moderate income residents, special populations, and distressed 
neighborhoods.
    (6) Proposal's consistency with local government objectives and 
priorities for overall community revitalization.
    (7) Neighborhood employment opportunities created.
    (8) State participation in the proposal, including financial and 
technical assistance.
    (9) Private participation by both the non-profit and for-profit 
sectors in the proposal, including contributions of financial 
assistance.
    (10) Jurisdiction's commitment to implementing its overall Recovery 
Action Program.
    (c) Innovation Grant Selection Criteria. The following criteria will 
be used to evaluate and rank Innovation proposals:
    (1) Degree to which the proposal provides a new, unique or more 
effective means of delivering a recreation service that can serve as a 
model for other communities.
    (2) Degree of citizen involvement in proposal conceptualization and 
implementation.
    (3) Degree to which the proposal may lead to a positive, systemic 
change in how park and recreation services are provided. Extent to which 
the proposal creates opportunities for new partnerships between the 
people affected, private interests within the community, and public 
agencies (e.g., Mayor's Office, Recreation Department, Board of 
Education, Planning Department, social service agencies).

[[Page 390]]

    (4) Degree of commitment of community and proposal participants to 
continue the long term program objectives, including commitments to 
continue funding after the requested Federal grant money is no longer 
available. Extent of private resources committed to providing funds or 
in-kind services for continuing operation and maintenance of projects.
    (5) Degree to which proposal managers use the Federal funds to 
leverage greater public or private investments (in the form of services 
and materials, as well as dollars).
    (6) Degree to which the proposal provides potential coordination 
with other community, State and Federal programs of community 
development and those providing recreation to the target population 
(e.g., public and private non-profit, education programs, CETA for 
employment, HUD programs).
    (7) Extent of improvement in the quality and quantity of recreation 
services as a result of the Innovation project.
    (8) Degree to which the proposal ties in with goals, priorities and 
implementation strategies expressed in the local park and recreation 
Recovery Action Program.
    (9) Degree to which the proposal leads to a transfer of a recreation 
role traditionally performed by a public entity, to quasi-public or 
private non-profit interests. This degree means the degree to which the 
private sector can take full responsibility, supplement, or fill the 
gaps in public recreation services, management or operation; either 
through a transfer of funding responsibility, or an exchange of 
technique or method approaches which may prove to be more effective 
under the private sector. This should in no way alter the public sector 
responsibility to continue to provide and/or monitor good quality 
recreation facilities and services.
    (10) Degree to which a proposal benefits disadvantaged community 
populations and/or those areas within a distressed community which have 
the greatest recreation deficiencies.
    Note: Innovation proposals for the adaptive reuse of non-recreation 
areas or structures, through rehabilitation for recreation should also 
address rehabilitation selection criteria, particularly the criteria 
covering Federal investment per person served and the degree to which 
the proposal would serve close to home recreation needs.



Sec. 72.51  A-95 clearinghouse requirements.

    Notice of intent to submit any application for UPARR funding must be 
forwarded by the applicant, no later than 60 days prior to submission of 
a grant application, to the State clearinghouse and appropriate 
metropolitan or areawide clearinghouses, in accordance with OMB Circular 
A-95 and Interior Department Manual part 511. If a jurisdiction wishes 
to compress the A-95 timetable, it must receive approval of the 
clearinghouse. Appropriate A-95 notifications must be submitted for all 
three types of UPARR grants at both preapplication and full application 
stages. Standard Form 424 is to be used for these notices unless 
otherwise specified by the clearinghouse. Comments from clearinghouses, 
if available, must be included with the preapplication. All A-95 
comments will become part of the required application and proposal file 
which will be retained by NPS. A-95 requirements for Recovery Action 
Programs and grants are discussed in Sec. 72.52.



Sec. 72.52  Recovery Action Program grant applications.

    The application procedure for Recovery Action Program grants differs 
from the procedure for Rehabilitation and Innovation grants. Ranking and 
selection for funding of Recovery Action Program grants will be 
initiated on the basis of a full application, preparation of which will 
be assisted through meetings with NPS regional staff.
    (a) Preapplication Conference. In the preparation of a Recovery 
Action Program grant application, applicants are encouraged to discuss 
with NPS regional personnel, or State personnel, when an agreement 
between NPS and the State covers such action, the adequacy of the 
proposal in meeting the requirements for a Recovery Action Program. 
Prior to formal submission, the Recovery Action Program grant 
application should be reviewed with the appropriate NPS Regional Office.
    (b) Submission of Applications. In addition to Standard Form 424 on 
Federal Assistance notification, applicants for

[[Page 391]]

Recovery Action Program grants shall submit the following documents and 
required attachments to NPS Regional Offices:
    (1) OMB Form 80-RO190, completed as prescribed by OMB Circular A-
102. (Application for Federal assistance, for non-construction 
programs).
    (2) Grant agreement form.
    (3) Narrative statements which will be used in evaluating grant 
applications in relationship to the selection criteria as defined in 
Sec. 72.50(a), including:
    (i) The need for the planning grant.
    (ii) The jurisdiction's existing or proposed commitments to 
developing a full Recovery Action Program and an ongoing planning 
process.
    (iii) The relationship of the planning program to overall community 
plans and programs.
    (iv) Appropriateness of the proposed planning program's scope, 
timing and methodology in relation to UPARR planning requirements and 
the community's identified planning needs.
    (v) Dollars and work years to be devoted to development of each 
element in the proposed Recovery Action Program, including some 
indications of the qualifications of staff members who will work on the 
program.
    (vi) If appropriate, a discussion of work elements to be contracted 
out to other government agencies, private consultants or private non-
profit agencies, including the reasons for contracting work elements 
instead of doing the work within the community's own planning agencies.
    (4) Applications for RAP grants need a full 60 day A-95 
clearinghouse review. Clearinghouse comments for RAP grants must then be 
submitted to NPS. Final RAP's also must be submitted to clearinghouses, 
in accordance with OMB Circular A-95.



Sec. 72.53  Preapplication process for Rehabilitation and Innovation grants.

    To reduce the amount of time and documentation needed for a full 
application, and to foster the competitive aspects of the UPARR program, 
a preapplication procedure is used.
    (a) The preapplication must provide information adequate to guide 
proposal selection. Grants will be awarded in accordance with the 
availability of funds. Funding for an approved grant will not be 
increased from subsequent yearly appropriations.
    (b) Applicants are encouraged to discuss their proposals with their 
NPS Regional Office to determine basic fundability and competitiveness 
prior to submitting a preapplication.
    (c) If a State is assisting the applicant in preapplication 
preparation, providing a source of matching share, or giving technical 
assistance, the State may assist in submission of the preapplication to 
the appropriate NPS Regional Office with the applicant's prior approval. 
The amount, source and assurance of State assistance for a matching 
share must be specified in the preapplication.
    (d) The following procedural guidelines shall apply to submission 
and approval of Rehabilitation and Innovation proposals.
    (1) Preapplications shall be submitted to the appropriate NPS 
Regional Office by the chief executive officer of the applicant 
jurisdiction. The preapplication must include those items as set forth 
in the Preapplication Handbook, available from any NPS Regional Office. 
In addition to the narrative on selection criteria, all preapplications 
for Rehabilitation proposals must include a short description stating; 
(i) the problem addressed by the proposal, including existing 
conditions, (ii) the reason for the problem or why the condition exists, 
and (iii) the proposed solution to the problem and what corrective 
measures will be used.
    (2) An applicant may have no more than one Innovation and one 
Rehabilitation proposal under consideration in any one funding cycle.
    (3) Any existing and/or proposed fees or charges for recreation 
opportunities or services provided through a UPARR grant, whether for 
public, private or non-profit activities, must be identified in the 
preapplication.
    (4) Discretionary applicants must submit a narrative statement, 
signed by the chief executive of the applicant jurisdiction, which 
explains and quantifies the degree of physical and economic distress in 
the community. Statistics and discussion on distress shall address, but 
need not be limited to, the

[[Page 392]]

criteria used to select eligible jurisdictions contained in Appendix A 
of this part. A discretionary narrative statement must be included in 
each preapplication.
    (5) All submitted grant preapplications will be reviewed by NPS 
Regional Offices to assure that they meet all minimum legal and 
technical standards before being certified as eligible for competition. 
Proposals not meeting minimum standards will be returned to the 
applicant. Periodically, all certified proposals will be evaluated in 
the Regional Offices before being submitted to Washington, where they 
will be judged by national panels whose member are knowledgeable in 
recreation and urban revitalization. Innovation and Rehabilitation 
proposals will be judged by separate panels.
    (6) Following review and ranking by the panels, the Director will 
approve tentative grant offers for those proposals which may be funded. 
Successful applicants will be notified by the NPS Regional Offices, and 
completion of the formal application process will take place. The formal 
application process must be completed within 120 days of notification of 
the tentative grant offer, or the tentative grant offer may be 
withdrawn. Final approval of a grant and obligation of funds will occur 
when all application requirements have been met and the appropriate 
documents are on file. No costs may be incurred or reimbursed, except 
incurred architectural and engineering fees indicated in Sec. 72.44, 
until NPS approval of the grant agreement.
    (7) Unfunded proposals may require modifications to improve their 
competitiveness. Applicants with such proposals will be advised by NPS 
of suggested modifications, if any, to increase their chances for 
funding in future grant rounds.
    (8) If an applicant wishes a proposal to remain in competition, it 
may be considered for two additonal funding cycles, with or without 
minor modifications, before it is returned to the applicant. Major 
modifications of scope and/or total funding request will require 
complete resubmission of a proposal as a new preapplication. Applicants 
who wish to change the scope and/or total funds requested for a proposal 
which is already in competition, must submit a written request for 
withdrawal of the previous proposal before submitting a new proposal in 
the same competition.
    (9) The Director reserves the right to withdraw a grant offer if it 
is determined that any preapplication contains misstatements or 
misrepresentations of fact, or problems identified which cannot be 
resolved.



Sec. 72.54  Rehabilitation and Innovation grants--full application process.

    Once a Rehabilitation or Innovation proposal has received a 
tentative grant offer, applicants will be responsible for compliance 
with all applicable Federal laws and regulations listed in OMB Circular 
A-102, including those specific Acts and Executive Orders listed in 
Sec. 72.56 of these regulations. The applicant must also complete all 
documentation and other requirements specified by OMB circulars A-102, 
and A-95 within 120 days. Regional Offices of NPS will provide technical 
assistance to grantees in complying with these requirements. A grant 
will not be approved until the applicant is in compliance with the above 
requirements.



Sec. 72.55  [Reserved]



Sec. 72.56  Grant program compliance requirements.

    (a) Once a proposal has received a grant offer, applicants will be 
responsible for compliance with all applicable Federal laws and 
regulations, including, but not limited to:

Architectural Barriers Act of 1968 (P.L. 90-480)
Clean Air Act and Federal Water Pollution Control Act
Copeland Anti-kickback Act
Endangered Species Act of 1973 (Pub. L. 93-205)
Executive Order 11246, Equal Employment Opportunity
Executive Order 11593, Protection and Enhancement of the Cultural 
Environment
Executive Order 11625, Arrangements for Developing and Coordinating a 
National Program for Minority Business Enterprise
Executive Order 11988, Floodplains Management
Executive Order 11990, Protection of Wetlands

[[Page 393]]

Executive Order 12088, Federal compliance with Pollution Control 
Standards
Executive Order 12185, Conservation of Petroleum and Natural Gas
Flood Disaster Protection Act of 1973 (Pub. L. 93-234)
Historical and Archeological Data Preservation Act of 1974 (Pub. L. 93-
291) 36 CFR 66
National Environmental Policy Act of 1969 (Pub. L. 91-190)
National Historic Preservation Act (Pub. L. 89-665)
Nondiscrimination section 109 of the Housing and Community Development 
Act of 1974 (42 USC 5301) as amended.
Section 504 of the Rehabilitation Action Act of 1973
Title VI of the Civil Rights Act of 1964, Executive Order 11764
Title VIII of the Civil Rights Act of 1968 (42 USC 3601) as amended, 
Executive Order 11063 (27 FR 11527)
Uniform Relocation Assistance & Land Acquisition Policies Act of 1970 
(Pub. L. 91-646)

    (b) Applicants using General Revenue Sharing or Community 
Development Block Grant monies as a matching share must check with the 
responsible Federal agencies, i.e. Treasury or HUD to determine if the 
Davis-Bacon Act is applicable. (HUD regulations 24 CFR part 570 [CDBG]. 
Treasury regulations 31 CFR part 51, State and Local Fiscal Assistance 
Amendments of 1976 [P.L. 94-488], General Revenue Sharing program.) 
Questions concerning other CDBG requirements should be addressed to the 
HUD Area Office serving the UPARR applicant jurisdiction.



Secs. 72.57-72.59  [Reserved]



Sec. 72.60  Grant administrative procedures.

    (a) Admininstrative Requirements for Recipients of UPARR Assistance. 
For all grants under this Program, the administrative requirements are 
the attachments listed in the Office of Management and Budget (OMB) 
Circular A-102 (as revised).
    (b) Accounts, Audit, Inspection. Adequate financial records must be 
maintained by the applicant to support all expenditures or costs covered 
by a Recovery Action Program, Rehabilitation or Innovation project, as 
specified in Federal Management Circular (FMC) 74-4 and OMB Circular A-
102.
    (c) Additional conditions. The Director may, with respect to any 
grant, impose additional conditions prior to, or at the time of grant 
approval, when in his or her judgement these conditions are necessary to 
assure or protect advancement of the grant purposes, the interests of 
public health or safety, or the conservation of grant funds. Extra 
requirements may be imposed on high-risk grantees who have records of 
default on prior Federal grants.
    (d) Remedies for Noncompliance. In appropriate circumstances, the 
Director may suspend or recoup the financial assistance provided under 
UPARR, upon the formal finding that the Grantee is in violation of the 
terms of the grant or the provisions of these regulations.



Sec. 72.61  [Reserved]



Sec. 72.62  Amendments to approved grants.

    Changes which alter the scope of any approved UPARR competitive 
grant must be submitted to and approved by NPS. Once a grant offer is 
made, based upon the preapplication, no increases in the amount of UPARR 
funding specified in the original proposal will be considered. Such 
changes should be the basis of a new proposal or application.



Sec. 72.63  Grant payments.

    The Director shall make payments to a grantee of all, or a portion 
of any grant award, either in advance or by way of reimbursement. 
Advance payments on approved Rehabilitation or Innovation grants will be 
in an amount not to exceed 20% of the total grant cost [section 1006(2) 
of the Act].



Sec. 72.64  [Reserved]



Sec. 72.65  Other requirements.

    (a) Requirements for Operation and Maintenance. Grantees are 
required to keep all UPARR assisted properties in reasonable repair to 
prevent undue deterioration, and to encourage public use during 
reasonable hours and times of the year, according to the type of 
facility and intended uses.
    (b) Non-discrimination. There shall be no discrimination for UPARR 
assisted programs or services on the basis of residence, except in 
reasonable fee differentials.

[[Page 394]]

    (c) Sunset Reports. In compliance with the sunset and reporting 
provision of the Act, section 1015(b), an annual report will be prepared 
on the achievements of the Innovation grant program, with emphasis on 
the nationwide implications of successful innovation projects. A final 
report on the overall impact of the UPARR Program will be prepared 
within 90 days of the expiration of the authority. Additional project 
information may be requested from applicants to facilitate the 
preparation of such reports.



         Subpart E--Post-Completion Compliance Responsibilities

    Source: 51 FR 34186, Sept. 25, 1986, unless otherwise noted.



Sec. 72.70  Applicability.

    These post-completion responsibilities apply to each area or 
facility for which Urban Park and Recreation Recovery (UPARR) program 
assistance is obtained, regardless of the extent of participation of the 
program in the assisted area or facility. Responsibility for compliance 
with these provisions rests with the grant recipient. The 
responsibilities cited herein are applicable to the 1010 area depicted 
or otherwise described in the 1010 boundary map and/or as described in 
other project documentation approved by the Department of the Interior. 
In many instances, this area exceeds that actually receiving UPARR 
assistance so as to assure the protection of a viable recreation entity. 
For leased sites assisted under UPARR, compliance with post-completion 
requirements of the grant following lease expiration is dictated by the 
terms of the project agreement.



Sec. 72.71  Information collection.

    The information collection requirements contained in Sec. 72.72 have 
been approved by the Office of Management and Budget under 44 U.S.C. 
3501 et seq. and assigned clearance number 1024-0048. The information is 
being collected to determine whether to approve a grant recipient's 
request to convert an assisted site or facility to other than public 
recreation uses. The information will be used to assure that the 
requirements of section 1010 of the UPARR Act would be met should the 
proposed conversion be implemented. Response is required in order to 
obtain the benefit of Department of the Interior approval.



Sec. 72.72  Conversion requirements.

    (a) Background and legal requirements. The UPARR program has made 
funds available for the renovation and rehabilitation of numerous urban 
parks and recreation facilities. In many cases, the UPARR funds were 
used only in a portion of a site or facility or were only a small 
percentage of the funds required to renovate or rehabilitate a property. 
Nevertheless, all recipients of funds for renovation and rehabilitation 
projects are obligated by the terms of the grant agreement to 
continually maintain the site or facility for public recreation use 
regardless of the percent of UPARR funds expended relative to the 
project and the facility as a whole. This provision is contained in the 
UPARR Program Administration Guideline (NPS-37) and is also referenced 
in Sec. 72.36. In accordance with section 1010 of the UPARR Act, no 
property improved or developed with UPARR assistance shall, without the 
approval of NPS, be converted to other than public recreation uses. A 
conversion will only be approved if it is found to be in accord with the 
current local park and recreation Recovery Action Program and/or 
equivalent recreation plans and only upon such conditions as deemed 
necessary to assure the provision of adequate recreation properties and 
opportunities of reasonably equivalent location and usefulness. Section 
1010 is designed to ensure that areas or facilities receiving UPARR 
grant assistance are continually maintained in recreation use and 
available to the general public.
    (b) Prerequisites for conversion approval. Requests for permission 
to convert UPARR assisted properties in whole or in part to other than 
public recreation uses must be submitted by the recipient to the 
appropriate NPS Regional Director in writing. NPS will only consider 
conversion requests if the following prerequisites have been met:

[[Page 395]]

    (1) All practical alternatives to the proposed conversion have been 
evaluated.
    (2) The proposed conversion and substitution are in accord with the 
current Recovery Action Program and/or equivalent recreation plans.
    (3) The proposal assures the provision of adequate recreation 
properties and opportunities of reasonably equivalent usefulness and 
location. Dependent upon the situation and at the discretion of NPS, the 
replacement property need not provide identical recreation experiences 
or be located at the same site, provided it is in a reasonably 
equivalent location. It must, however, be administered by the same 
political jurisdiction as the converted property. Equivalent usefulness 
and location will be determined based on the following criteria:
    (i) Property to be converted must be evaluated in order to determine 
what recreation needs are being fulfilled by the facilities which exist 
and the types of recreation resources and opportunities available. The 
property being proposed for substitution must then be evaluated in a 
similar manner to determine if it will meet recreation needs which are 
at least like in magnitude and impact to the user community as the 
converted site.
    (ii) Replacement property need not necessarily be directly adjacent 
to or close by the converted site. This policy provides the 
administrative flexibility to determine location recognizing that the 
property should meet existing public recreation needs. While generally 
this will involve the selection of a site serving the same 
community(ies) or area as the converted site, there may be exceptions. 
For example, if property being converted is in an area undergoing major 
demographic change and the area has no existing or anticipated future 
need for recreation facilities, then the project sponsor should seek to 
locate the substitute area in another location within the jurisdiction.
    (4) In the case of assisted sites which are partially rather than 
wholly converted, the impact of the converted portion on the remainder 
shall be considered. If such a conversion is approved, the unconverted 
area must remain recreationally viable or be replaced as well.
    (5) The guidelines for environmental evaluation have been 
satisfactorily completed and considered by NPS during its review of the 
proposed 1010 action. In cases where the proposed conversion arises from 
another Federal action, final review of the proposal shall not occur 
until NPS is assured that all environmental review requirements related 
to that other action have been met.
    (6) State intergovernmental clearinghouse review procedures have 
been adhered to if the proposed conversion and substitution constitute 
significant changes to the original grant.
    (c) Amendments for conversion. All conversions require amendments to 
the original grant agreement. Amendment requests should be submitted 
concurrently with conversion requests or at such time as all details of 
the conversion have been worked out with NPS. Section 1010 project 
boundary maps shall be submitted with the amendment request to identify 
the changes to the original area caused by the proposed conversion and 
to establish a new project area pursuant to the substitution. Once the 
conversion has been approved, replacement property should be immediately 
acquired. Exceptions to this rule would occur only when it is not 
possible for replacement property to be identified prior to the request 
for the conversion. It will, however, be NPS policy to avoid such a 
situation if at all possible and to agree only if warranted by 
exceptional circumstances. In such cases, express commitment to satisfy 
section 1010 substitution requirements within a specified period, 
normally not to exceed one year following conversion approval, must be 
received from the local government agency in the form of a grant 
amendment.
    (d) Obsolete facilities. Recipients are not required to continue 
operation of a particular facility beyond its useful life. However, when 
a facility is declared obsolete, the site must nonetheless be maintained 
in public recreation use following discontinuance of the assisted 
facility. Failure to so maintain is considered to be a conversion. 
Requests regarding changes from a

[[Page 396]]

UPARR funded facility to another otherwise eligible facility at the same 
site that significantly contravene the original plans for the area must 
be made in writing to the Regional Director. NPS approval must be 
obtained prior to the occurrence of the change. NPS approval is not 
necessarily required, however, for each and every facility use change. 
Rather, a project area should be viewed in the context of overall use 
and should be monitored in this context. A change from UPARR-developed 
tennis courts to basketball courts, for example, would not require NPS 
approval. A change from a swimming pool to a less intense area of 
limited development such as picnic facilities, or vice versa, would, 
however, require NPS review and approval. To assure that facility 
changes do not significantly contravene the original project agreement, 
NPS shall be notified by the recipient of all proposed changes in 
advance of their occurrence. A primary NPS consideration in the review 
of requests for changes in use will be the consistency of the proposal 
with the Recovery Action Program and/or equivalent recreation plans. 
Changes to other than public recreation use require NPS approval and the 
substitution of replacement land in accordance with section 1010 of the 
UPARR Act and paragraphs (a) through (c) of this section.



Sec. 72.73  Residency requirements.

    (a) Background. UPARR policy prohibits discrimination on the basis 
of residence (refer to Sec. 72.65(b)) including preferential reservation 
or membership systems on properties improved with UPARR assistance. This 
prohibition applies to both regularly scheduled and special events. The 
general provisions regarding non-discrimination at sites assisted under 
Interior programs and, thereby, all other recreation facilities managed 
by the recipient, are covered in 43 CFR part 17 which implements the 
provisions of title VI of the Civil Rights Act of 1964 for the 
Department.
    (b) Policy. There shall be no discrimination for UPARR assisted 
programs or services on the basis of residence, except in reasonable fee 
differentials. Post-completion compliance responsibilities of the 
recipient should continue to ensure that discrimination on the basis of 
residency is not occurring.
    (c) Fees. For parks or recreation properties or programs funded with 
UPARR assistance, fees charged to nonresidents cannot exceed twice that 
charged to residents. Where there is no charge for residents but a fee 
is charged to nonresidents, the nonresident fees cannot exceed fees 
charged at comparable State or local public facilities having fee 
systems. These fee provisions apply only to the approved 1010 areas 
applicable to the recipient. Reservation, membership, or annual permit 
systems available to residents must also be available to nonresidents 
and the period of availability must be the same for both residents and 
nonresidents. Recipients are prohibited from providing residents the 
option of purchasing annual or daily permits while at the same time 
restricting nonresidents to the purchase of annual permits only.



Secs. 72.74-72.75  [Reserved]

             Appendix A to Part 72--Criteria for Eligibility

    Jurisdictions were considered for eligibility if they were 
functioning general purpose local governments in one of three 
categories:
    1. Central cities of Standard Metropolitan Statistical Areas in 
either 1970 or 1976 (1970 data derived from U.S. Bureau of the Census, 
Census of Population: 1970, 1976 data derived from U.S. Bureau of the 
Census, 1976 Revenue Sharing Estimates File).
    2. Cities and townships with Populations of 40,000 or more in either 
1970 or 1976 (1970 data derived from U.S. Bureau of the Census, Census 
of Population: 1970, 1976 data derived from U.S. Bureau of the Census, 
1976 Revenue Sharing Estimates File).
    3. Counties with populations of 250,000 or more in either 1970 or 
1976 (1970 data derived from U.S. Bureau of the Census, Census of 
Population: 1970; 1976 data derived from 1976 Revenue Sharing Estimates 
File).
    Indicators (variables) of distress and need were selected to 
determine eligibility for the program and were chosen for timeliness, 
reliability, and relevance to the Act. Certain variables were not used 
due to duplication, others because they were not available for all 
jurisdictions, and some because they were unrelated to the purposes of 
the Act. (Section 1002 of the Act states that the Congress finds that 
(a) the quality of life in urban areas is closely related to the 
availability of fully functional park and recreation systems

[[Page 397]]

including land, facilities, and service programs; (b) residents of 
cities need close-to-home recreational opportunities that are adequate 
to specialized urban demands, with parks and facilities properly 
located, developed, and well maintained; (c) the greatest recreational 
deficiencies with respect to land, facilities, and programs are found in 
many large cities, especially at the neighborhood level; (d) inadequate 
financing of urban recreation programs due to fiscal difficulties in 
many large cities has led to the deterioration of facilities, 
nonavailability of recreation services, and an inability to adapt 
recreational programs to changing circumstances; and (e) there is no 
existing Federal assistance program which fully addresses the needs for 
physical rehabilitation and revitalization of these park and recreation 
systems.)
    The National Park Service asked the Bureau of the Census to assist 
in the analysis of national data in order to ensure that reliable, 
timely and applicable indicators of distress were used in determining 
eligibility for the program. NPS received comments from a number of 
interested individuals on what they considered, in their best judgment, 
to be the criteria that should be used in the program. NPS also received 
numerous position papers from national interest groups on what they 
thought were suitable indicators for the program. NPS then began a 
narrowing process intended to select the most appropriate criteria for 
eligibility in the program.
    Listed below are the six variables selected for eligibility 
criteria:

                       Population Per Square Mile

    This variable is commonly termed population density, and it is 
defined as the number of persons per square mile of land. It provides an 
indication of the extent to which an area is urbanized. Highly urbanized 
areas are most lacking in land set aside for recreation and park 
facilities and are experiencing difficulty in maintaining existing 
facilities. Highly dense areas tend to have the greatest need for 
assistance in revitalization of their neighborhood park and recreation 
facilities. Therefore, jurisdictions having high values for density 
would be favored by this variable, based on 1975 data of the U.S. Bureau 
of the Census.

                 Net Change in Per Capita Income 1969-75

    Per capita income is the estimated average amount of total money 
income per person. It is derived by dividing the total income of a 
particular group by the total population in that group. Comparison of 
change in per capita income between urban jurisdictions provides an 
indication of each jurisdiction's economic growth. If the income of a 
city is growing more slowly than another city, the city with slower 
growth is in a relatively weaker economic position. As cited in the 
``Report on the Fiscal Impact of the Economic Stimulus Package on 48 
Large Urban Governments (1978),'' income growth is a determinant of 
taxable wealth and level of economic activity, and indicates a 
jursidiction's capability to finance its own recreation and other 
projects. This measure of financial capacity is related to the Act which 
stipulates that the Secretary of the Interior consider factors related 
to economic distress. Therefore, jurisdictions with either negative or 
low relative growth in per capita income would be favored by this 
variable, based on 1976 data of the U.S. Bureau of the Census.

                        Percent Unemployed, 1977

    Percent unemployed, commonly termed the unemployment rate is defined 
as the number of people unemployed as a percent of the civilian labor 
force. The unemployment data are the product of a Federal/State 
cooperative program in which State Employment Security agencies prepare 
labor force and unemployment estimates using concepts, definitions, and 
technical procedures established by the Bureau of Labor Statistics. The 
National Urban Recreation Study found that recreation and leisure time 
opportunities are most limited for the economically disadvantaged, 
including the unemployed. The 17 field studies of the National Urban 
Recreation Study reveal that low-income neighborhoods have less program 
diversity, little, if any, commercial recreation opportunities, and 
fewer year-round programs than higher income neighborhoods. 
Consideration of this variable is consistent with the mandate of the Act 
which requires that criteria be considered related to physical and 
economic distress. Therefore, this variable would tend to favor 
jurisdictions having high unemployment rates.

        Percent of Households Without Automobiles Available, 1970

    Automobile availability, as defined by the Bureau of the Census, 
represents the number of passenger automobiles, including station 
wagons, which are owned or regularly used by any member of the household 
and which are ordinarily kept at home. Taxicabs, pickups, or larger 
trucks were not counted. Lack of automobile availability is closely 
related to lack of recreation opportunity. The Recreation Access Study 
(U.S. Department of Transportation, 1975) found that access to a 
diversity of recreation opportunities is generally assured for those who 
have automobiles and are willing to travel reasonable distances, but 
such opportunities are often severely limited for people without cars. 
In addition, the 17 field studies of the National Urban Recreation Study 
concluded that most recreation opportunities for those without

[[Page 398]]

access to a personal auto is limited to immediate neighborhoods or place 
of residence. This variable is relevant to the Act in that the 
transportation disadvantaged households are the group that has the 
greatest need for expanded opportunities to enjoy their close to home 
resources.
    Therefore, jurisdictions having a high proportion of households 
without automobiles would be favored by this variable, based on 1970 
data of the U.S. Bureau of the Census.

   Total Population Under 18 Years of Age, and 60 Years and Over, 1970

    This variable identifies those persons most likely to be the most 
frequent users of public park and recreation facilities. While many 
senior citizens have adequate incomes, they tend to be considerably less 
affluent and less mobile than the general population. Younger and older 
children also need public recreation facilities, especially in highly 
urbanized areas, where recreation facilities are most lacking. This 
variable was selected to favor areas with greater concentrations of the 
dependent population where need for recreation would be the greatest, 
and where rehabilitation of existing facilities the most pressing, in 
accordance with the Act. The variable was used in its absolute rate to 
give an indication of the size of the client populations in each 
jurisdiction, based on 1970 data of the U.S. Bureau of the Census.

    Percent Persons With Income Below 125 Percent Poverty Level, 1970

    In 1970, percent of population below poverty level was calculated by 
the Bureau of the Census as the proportion of the total population which 
reported income below the poverty level. This variable is the most 
current available indicator of poverty status for the jurisdictions in 
question. To accommodate the needs of economically disadvantaged people 
whose incomes are somewhat above the poverty level, such as those 
employed part-time, or those in very low-paid jobs, persons with incomes 
up to 125% of poverty are included in this variable. The poor and near-
poor have the greatest need for public recreation opportunities and 
services in proximity to their homes. This variable is also related to 
that part of the Act which stipulates that the Secretary of the Interior 
consider ``deficiencies in access to neighborhood recreation facilities, 
particularly for . . . low- and moderate-income residents,'' and the 
extent to which park and recreation recovery efforts would provide 
employment opportunities for low- and moderate-income residents. 
Rehabilitation of parks is a relatively labor intensive activity having 
the potential for providing short-term jobs with low-skill requirements. 
Persons with poverty level incomes tend to lack skills and jobs. 
Therefore, this variable was selected to favor jurisdictions having a 
large percentage of its population in poverty. The poverty level of 
income is based on an index developed by the Social Security 
Administration in 1964 and subsequently modified by a Federal 
Interagency Committee. In 1969, the poverty thresholds ranged from 
$1,487 for a female unrelated individual 65 years old and over living on 
a farm to $6,116 for a nonfarm family with a male head and with seven or 
more persons. The average poverty threshold for a nonfarm family of four 
headed by a male was $3,745.

                      Determination of Eligibility

    The method used to combine the variables had four steps. First, all 
values for each of the six variables were expressed in common or 
standard units. Second, for each jurisdiction, the standardized values 
for the six variables were added to produce a score. Third, the scores 
were ranked from high values (most eligible) to low values (least 
eligible). Fourth jurisdictions having scores above the median score for 
all jurisdictions were designated ``eligible.''

                           County Eligibility

    The Administration stated before the Senate Subcommittee on Parks 
and Recreation on June 27, 1978, that it would ensure fair consideration 
of urban counties for eligibility under the Urban Park and Recreation 
Recovery Program. The Administration has kept this commitment by 
subjecting urban county data to the same eligibility standards as cities 
and including urban counties which meet those standards on the 
eligibility list. All urban counties with a population over 250,000 were 
considered under the same criteria (indicators of distress and need) as 
the city counterparts. Counties within and SMSA not on the eligibility 
list may compete for assistance as discretionary applicants.
    The history of the Administration's UPARR proposal clearly indicates 
that this program is part of an overall national urban policy. 
Therefore, in accordance with the legislative mandate, project selection 
criteria will require that county projects be justified in terms of 
direct service to identifiable urban neighborhoods (residential areas), 
and that there must be evidence of cooperation between a county and its 
major city.

                          Discretionary Grants

    Section 1005(b) of the Bill states that at the Secretary's 
discretion, up to 15 percent of the program funds annually may be 
granted to local governments which do not meet eligibility criteria, but 
are located in Standard Metropolitan Statistical Areas, provided that 
these grants to general purpose governments are in accord with the 
intent of the

[[Page 399]]

program. These governments may apply for grants under the program 
regardless of whether or not they are included on the list of eligible 
jurisdictions.

[44 FR 58091, Oct. 9, 1979. Redesignated at 46 FR 34329, July 1, 1981, 
and correctly redesignated at 46 FR 43045, Aug. 26, 1981]

          Appendix B to Part 72--List of Eligible Jurisdictions

    The following are those jurisdictions eligible for the Urban Park 
and Recreation Recovery Program:

   Cities Eligible for the Urban Park and Recreation Recovery Program

Akron, Ohio
Albany, Georgia
Albany, New York
Alexandria, Louisiana
Alhambra, California
Allentown, Pennsylvania
Altoona, Pennsylvania
Aguadilla, Puerto Rico
Anniston, Alabama
Arecibo, Puerto Rico
Asbury Park, New Jersey
Asheville, North Carolina
Athens, Georgia
Atlanta, Georgia
Atlantic City, New Jersey
Auburn, Maine
Augusta, Georgia
Babylon Township, New York
Baldwin Park, California
Baltimore, Maryland
Baton Rouge, Louisiana
Battle Creek, Michigan
Bayamon, Puerto Rico
Bay City, Michigan
Bayonne, New Jersey
Bellflower, California
Bellingham, Washington
Berkeley, California
Biloxi, Mississippi
Binghamton, New York
Birmingham, Alabama
Bloomfield, New Jersey
Bloomington, Indiana
Boston, Massachusetts
Bradenton, Florida
Bridgeport, Connecticut
Bridgeton, New Jersey
Bristol, Tennessee
Brockton, Massachusetts
Brookline Township, Massachusetts
Brownsville, Texas
Buffalo, New York
Caguas, Puerto Rico
Cambridge, Massachusetts
Camden, New Jersey
Canton, Ohio
Carolina, Puerto Rico
Carson, California
Cayey, Puerto Rico
Charleston, South Carolina
Charlottesville, Virginia
Chattanooga, Tennessee
Chester, Pennsylvania
Chicago, Illinois
Chicago Heights, Illinois
Chicopee, Massachusetts
Chula Vista, California
Cicero, Illinois
Cincinnati, Ohio
Clarksville, Tennessee
Cleveland, Ohio
Cocoa, Florida
Columbia, South Carolina
Columbus, Georgia
Columbus, Ohio
Compton, California
Corpus Christi, Texas
Covington, Kentucky
Danville, Illinois
Danville, Virginia
Dayton, Ohio
Daytona Beach, Florida
Denison, Texas
Denver, Colorado
Detroit, Michigan
District of Columbia
Dothan, Alabama
Duluth, Minnesota
Durham, North Carolina
East Chicago, Indiana
East Lansing, Michigan
East Orange, New Jersey
East Providence, Rhode Island
East St. Louis, Illinois
Easton, Pennsylvania
Edinburg, Texas
El Monte, California
El Paso, Texas
Elizabeth, New Jersey
Elmira, New York
Erie, Pennsylvania
Evanston, Illinois
Evansville, Indiana
Everett, Massachusetts
Everett, Washington
Fall River, Massachusetts
Fayetteville, North Carolina
Fitchburg, Massachusetts
Flint, Michigan
Florence, Alabama
Ft. Myers, Florida
Freeport, New York
Fresno, California
Gadsden, Alabama
Gainesville, Florida
Galveston, Texas
Gary, Indiana
Gastonia, North Carolina
Grand Rapids, Michigan
Granite City, Illinois
Greenville, Mississippi
Greenville, South Carolina
Guayama, Puerto Rico
Guaynabo, Puerto Rico
Gulfport, Mississippi
Hamilton, Ohio

[[Page 400]]

Harlingen, Texas
Harrisburg, Pennsylvania
Hartford, Connecticut
Hattiesburg, Mississippi
Haverhill, Massachusetts
Hawthorne, California
Hazelton, Pennsylvania
Hemstead Township, New York
Hialeah, Florida
High Point, North Carolina
Hoboken, New Jersey
Holyoke, Massachusetts
Hopkinsville, Kentucky
Humacao, Puerto Rico
Huntington, West Virginia
Indianapolis, Indiana
Inglewood, California
Irvington, New Jersey
Jackson, Michigan
Jackson, Mississippi
Jackson, Tennessee
Jacksonville, Florida
Jersey City, New Jersey
Johnson City, Tennessee
Johnstown, Pennsylvania
Joplin, Missouri
Juana Diaz, Puerto Rico
Kalamazoo, Michigan
Kankakee, Illinois
Kansas City, Kansas
Kansas City, Missouri
Kenner, Louisiana
Kenosha, Wisconsin
Killeen, Texas
Knoxville, Tennessee
Kokomo, Indiana
La Crosse, Wisconsin
Lafayette, Louisiana
Lake Charles, Louisiana
Lakeland, Florida
Lakewood, Ohio
Lancaster, Pennsylvania
Lansing, Michigan
Laredo, Texas
Las Cruces, New Mexico
Lawrence, Massachusetts
Lawton, Oklahoma
Lewiston, Maine
Lima, Ohio
Lompoc, California
Long Beach, California
Long Branch, New Jersey
Los Angeles, California
Louisville, Kentucky
Lowell, Massachusetts
Lynchburg, Virginia
Lynn, Massachusetts
Lynwood, California
Macon, Georgia
Maiden, Massachusetts
Manchester, New Hampshire
Mansfield, Ohio
Marietta, Ohio
Marion, Indiana
Marshall, Texas
Mayaguez, Puerto Rico
McAllen, Texas
Medford, Massachusetts
Melbourne, Florida
Memphis, Tennessee
Meriden, Connecticut
Meridian, Mississippi
Miami, Florida
Miami Beach, Florida
Middletown, Ohio
Millville, New Jersey
Milwaukee, Wisconsin
Minneapolis, Minnesota
Mobile, Alabama
Modesto, California
Monroe, Louisiana
Montgomery, Alabama
Moss Point, Mississippi
Mount Vernon, New York
Muncie, Indiana
Muskegon, Michigan
Muskegon Heights, Michigan
Muskogee, Oklahoma
National City, California
New Bedford, Massachusetts
New Britain, Connecticut
New Brunswick, New Jersey
New Haven, Connecticut
New London, Connecticut
New Orleans, Louisiana
New Rochelle, New York
New York, New York
Newark, New Jersey
Newark, Ohio
Newport News, Virginia
Niagara Falls, New York
Norfolk, Virginia
North Bergen Township, New Jersey
North Chicago, Illinois
Norwalk, California
Norwich, Connecticut
Oak Park, Illinois
Oakland, California
Oceanside, California
Ogden, Utah
Omaha, Nebraska
Ontario, California
Orange, Texas
Orlando, Florida
Oshkosh, Wisconsin
Oxnard, California
Panama City, Florida
Parkersburg, West Virginia
Pasco, Washington
Passaic, New Jersey
Paterson, New Jersey
Pawtucket, Rhode Island
Pensacola, Florida
Perth Amboy, New Jersey
Petersburg, Virginia
Pharr, Texas
Philadelphia, Pennsylvania
Phoenix, Arizona
Pico Rivera, California
Pine Bluff, Arkansas
Pittsburgh, Pennsylvania
Pittsfield, Massachusetts
Plainfield, New Jersey
Pomona, California

[[Page 401]]

Ponce, Puerto Rico
Pontiac, Michigan
Port Arthur, Texas
Portland, Maine
Portland, Oregon
Portsmouth, Virginia
Poughkeepsie, New York
Pritchard, Alabama
Providence, Rhode Island
Provo, Utah
Pueblo, Colorado
Quincy, Illinois
Quincy, Massachusetts
Rantoul, Illinois
Reading, Pennsylvania
Revere, Massachusetts
Richmond, California
Richmond, Indiana
Richmond, Virginia
Roanoke, Virginia
Rochester, New York
Rome, New York
Rosemead, California
Sacramento, California
Saginaw, Michigan
St. Joseph, Missouri
St. Louis, Missouri
St. Paul, Minnesota
St. Petersburg, Florida
Salem, Massachusetts
Salinas, California
San Antonio, Texas
San Benito, Texas
San Bernardino, California
San Diego, California
San Francisco, California
San Juan, Puerto Rico
Santa Ana, California
Santa Cruz, California
Santa Fe, New Mexico
Santa Maria, California
Santa Monica, California
Sarasota, Florida
Savannah, Georgia
Schenectady, New York
Scranton, Pennsylvania
Seaside, California
Seattle, Washington
Shreveport, Louisiana
Somerville, Massachusetts
South Gate, California
Spartanburg, South Carolina
Spokane, Washington
Springfield, Massachusetts
Springfield, Ohio
Springfield, Oregon
Steubenville, Ohio
Stockton, California
Suffolk, Virginia
Superior, Wisconsin
Syracuse, New York
Tacoma, Washington
Tampa, Florida
Taunton, Massachusetts
Terre Haute, Indiana
Texarkana, Arkansas
Texarkana, Texas
Titusville, Florida
Toa Baja, Puerto Rico
Toledo, Ohio
Trenton, New Jersey
Troy, New York
Trujillo Alto, Puerto Rico
Tucson, Arizona
Tuscaloosa, Alabama
Union City, New Jersey
Upper Darby Township, Pennsylvania
Urbana, Illinois
Utica, New Jersey
Vega Baja, Puerto Rico
Vineland, New Jersey
Waco, Texas
Waltham, Massachusetts
Warren, Ohio
Waterbury, Connecticut
West Haven, Connecticut
West New York, New Jersey
West Palm Beach, Florida
Wheeling, West Virginia
Wilkes-Barre, Pennsylvania
Williamsport, Pennsylvania
Wilmington, Delaware
Wilmington, North Carolina
Winston-Salem, North Carolina
Winter Haven, Florida
Woonsocket, Rhode Island
Worcester, Massachusetts
Wyandotte, Michigan
Yakima, Washington
Yauco, Puerto Rico
Yonkers, New York
York, Pennsylvania
Youngstown, Ohio

  Counties Eligible for the Urban Park and Recreation Recovery Program

Alameda Co., California
Allegheny Co., Pennsylvania
Bernalillo Co., New Mexico
Bexar Co., Texas
Bristol Co., Massachusetts
Camden Co., New Jersey
Charleston Co., South Carolina
Cook Co., Illinois
Cuyahoga Co., Ohio
Dade Co., Florida
El Paso Co., Texas
Erie Co., New York
Essex Co., Massachusetts
Essex Co., New Jersey
Franklin Co., Ohio
Fresno Co., California
Fulton Co., Georgia
Hamilton Co., Ohio
Hamilton Co., Tennessee
Hampden Co., Massachusetts
Hillsborough Co., Florida
Hudson Co., New Jersey
Jackson Co., Missouri
Jefferson Co., Alabama
Kern Co., California
Los Angeles Co., California
Lucas Co., Ohio
Luzerne Co., Pennsylvania

[[Page 402]]

Mahoning Co., Ohio
Maricopa Co., Arizona
Middlesex Co., Massachusetts
Milwaukee Co., Wisconsin
Mobile Co., Alabama
Nassau Co., New York
Nueces Co., Texas
Oneida Co., New York
Onondaga Co., New York
Orange Co., Florida
Passaic Co., New Jersey
Pinellas Co., Florida
Plymouth Co., Massachusetts
Polk Co., Florida
Riverside Co., California
St. Clair Co., Illinois
San Bernardino Co., California
San Diego Co., California
San Joaquin Co., California
Shelby Co., Tennessee
Sonoma Co., California
Suffolk Co., New York
Wayne Co., Michigan
Worcester Co., Massachusetts

[44 FR 58091, Oct. 9, 1979. Redesignated at 46 FR 34329, July 1, 1981, 
and correctly redesignated at 46 FR 43045, Aug. 26, 1981, and amended at 
47 FR 15137, Apr. 8, 1982]



PART 73--WORLD HERITAGE CONVENTION--Table of Contents




Sec.
73.1  Purpose.
73.3  Definitions.
73.5  Authority.
73.7  World Heritage Nomination process.
73.9  World Heritage criteria.
73.11  Federal Interagency Panel for World Heritage.
73.13  Protection of U.S. World Heritage properties.
73.15  International World Heritage activities.
73.17  Public information and education activities.

    Authority: 94 Stat. 3000; 16 U.S.C. 470 a-1, a-2, d.

    Source: 47 FR 23397, May 27, 1982, unless otherwise noted.



Sec. 73.1  Purpose.

    The purpose of these rules is to set forth the policies and 
procedures that the Department of the Interior, through the National 
Park Service (NPS), uses to direct and coordinate U.S. participation in 
the Convention Concerning the Protection of the World Cultural and 
Natural Heritage, which was ratified by the Senate on October 26, 1973. 
The rules describe the procedures used to implement the Convention under 
the National Historic Preservation Act Amendments of 1980. The purpose 
of the World Heritage Convention is to enhance worldwide understanding 
and appreciation of heritage conservation, and to recognize and preserve 
natural and cultural properties throughout the world that have 
outstanding universal value to mankind.



Sec. 73.3  Definitions.

    Cultural Heritage-- Article 1 of the Convention defines ``Cultural 
Heritage'' as:

    Monuments: architectural works, works of monumental sculpture and 
painting, elements or structures of an archaeological nature, 
inscriptions, cave dwellings, and combinations of features, which are of 
outstanding universal value from the point of view of history, art, or 
science;
    Groups of buildings: groups of separate or connected buildings 
which, because of their architecture, their homogeneity or their place 
in the landscape, are of outstanding universal value from the point of 
view of history, art, or science; and
    Sites: works of man or the combined works of nature and of man, and 
areas including archaeological sites which are of outstanding universal 
value from the historical, aesthetic, ethnological, or anthropological 
points of view.

    Natural Heritage-- Article 2 of the Convention defines ``Natural 
Heritage'' as:

    Natural features, consisting of physical and biological formations 
or groups of such formations, which are of outstanding universal value 
from the aesthetic or scientific point of view;
    Geological and physiographical formations and precisely delineated 
areas which constitute the habitat of threatened species of animals and 
plants of outstanding universal value from the point of view of science 
or conservation; and
    Natural sites or precisely delineated natural areas of outstanding 
universal value from the point of view of science, conservation, or 
natural beauty.

    Intergovernmental Committee for the Protection of the World Cultural 
and Natural Heritage, or World Heritage Committee, means the Committee 
established by Article 8 of the Convention and assisted by the United 
Nations Educational, Scientific and Cultural Organization (UNESCO). It 
is composed

[[Page 403]]

of 21 nations participating in the Convention, and is responsible for 
implementing the Convention at the international level. Countries 
represented on the Committee are elected by participating nations and 
serve for three sessions of the UNESCO General Conference (six years). 
The Committee establishes criteria which properties must satisfy for 
inclusion on the World Heritage List, sets policy and procedures, and 
approves properties for inclusion on the World Heritage List.
    World Heritage Convention, or Convention, means the Convention 
Concerning the Protection of the World Cultural and Natural Heritage, 
ratified by the U.S. Senate on October 26, 1973.
    World Heritage List, means the List established by Article 11 of the 
Convention which includes those cultural and natural properties judged 
to possess outstanding universal value for mankind.
    UNESCO, means the United Nations Educational, Scientific and 
Cultural Organization, which provides staff support for the Convention 
and its implementation.
    Assistant Secretary, means the Assistant Secretary for Fish and 
Wildlife and Parks, U.S. Department of the Interior, or the designee 
authorized to carry out the Assistant Secretary's responsibilities.
    Department, means the U.S. Department of the Interior.
    Federal Interagency Panel for World Heritage, or Panel, means the 
Panel consisting of representatives from the Office of the Assistant 
Secretary, the National Park Service, and the U.S. Fish and Wildlife 
Service within the Department of the Interior; the President's Council 
on Environmental Quality; the Smithsonian Institution; the Advisory 
Council on Historic Preservation; the Department of Commerce; and the 
Department of State.
    Owner, means the individual(s) or organization(s) of record that own 
private land that is being nominated for World Heritage status, or the 
head of the public agency, or subordinate to whom such authority has 
been delegated, responsible for administering public land that is being 
nominated for World Heritage status.
    Owner concurrence, means the concurrence of all owners of any 
property interest that is part of the World Heritage nomination.

[47 FR 23397, May 27, 1982, as amended at 62 FR 30235, June 3, 1997]



Sec. 73.5  Authority.

    The policies and procedures contained herein are based on the 
authority of the Secretary of the Interior under title IV of the 
National Historic Preservation Act Amendments of 1980 (Pub. L. 96-515; 
94 Stat. 3000; 16 U.S.C. 470a-1, a-2) which directs the Secretary to 
ensure and direct U.S. participation in the Convention Concerning the 
Protection of the World Cultural and Natural Heritage, approved by the 
U.S. Senate on October 26, 1973, in cooperation with the Secretary of 
State, the Smithsonian Institution, and the Advisory Council on Historic 
Preservation.



Sec. 73.7  World Heritage nomination process.

    (a) What is the U.S. World Heritage nomination process? (1) The 
Assistant Secretary for Fish and Wildlife and Parks (``Assistant 
Secretary'') is the designated official who conducts the United States 
World Heritage Program and periodically nominates properties to the 
World Heritage List on behalf of the United States. The National Park 
Service (NPS) provides staff support to the Assistant Secretary.
    (2) The Assistant Secretary initiates the process for identifying 
candidate properties for the World Heritage List and subsequently 
preparing, evaluating, and approving U.S. nominations for them by 
publishing a First Notice in the Federal Register. This notice includes 
a list of candidate sites (formally known as the Indicative Inventory of 
Potential Future U.S. World Heritage nominations) and requests that 
public and private sources recommend properties for nomination.
    (3) The Assistant Secretary, with advice from the Federal 
Interagency Panel for World Heritage (``Panel''), may propose for 
possible nomination a limited number of properties from the Indicative 
Inventory.
    (4) Property owners, in cooperation with NPS, voluntarily prepare a 
detailed nomination document for their

[[Page 404]]

property that has been proposed for nomination. The Panel reviews the 
accuracy and completeness of draft nominations, and makes 
recommendations on them to the Assistant Secretary.
    (5) The Assistant Secretary decides whether to nominate any of the 
proposed properties and transmits approved United States nominations, 
through the Department of State, to the World Heritage Committee to be 
considered for addition to the World Heritage List.
    (b) What requirements must a U.S. property meet to be considered for 
nomination to the World Heritage List? A property in the United States 
must satisfy the following requirements established by law and one or 
more of the World Heritage Criteria before the Assistant Secretary can 
consider it for World Heritage nomination:
    (1) The property must be nationally significant. For the purposes of 
this section, a property qualifies as ``nationally significant'' if it 
is:
    (i) A property that the Secretary of the Interior has designated as 
a National Historic Landmark (36 CFR part 65) or a National Natural 
Landmark (36 CFR part 62) under provisions of the 1935 Historic Sites 
Act (Public Law 74-292; 49 Stat. 666; 16 U.S.C. 461 et seq.);
    (ii) An area the United States Congress has established as 
nationally significant; or
    (iii) An area the President has proclaimed as a National Monument 
under the Antiquities Act of 1906 (16 U.S.C. 433).
    (2) The property's owner(s) must concur in writing to the 
nomination.
    (i) If a unit of United States government (Federal, State, and/or 
local) owns or controls the property, a letter from the owner(s) 
demonstrates concurrence.
    (ii) If private parties own or control the property, they must 
provide the protection agreement outlined in Sec. 73.13(c).
    (iii) All owners must concur before the Assistant Secretary can 
include their property within a World Heritage nomination. For example, 
a responsible Federal management official can concur for the unit, but 
cannot concur for any non-Federal property interest within the 
boundaries of the unit. NPS will seek the concurrence of those who own 
or control any non-Federal property interest if we determine that the 
property interest is integral to the entire property's outstanding 
universal values.
    (3) The nomination document must include evidence of such legal 
protections as may be necessary to ensure the preservation of the 
property and its environment. Section 73.13 identifies the distinct 
protection requirements for public and private properties.
    (c) How does the U.S. World Heritage nomination process begin? The 
Assistant Secretary, through the NPS, will periodically publish a First 
Notice in the Federal Register to begin the U.S. World Heritage 
nomination process. This notice, among other things:
    (1) Sets forth the schedule and procedures for identifying proposed 
U.S. nominations to the World Heritage List. It includes specific 
deadlines for receipt of suggestions and comments, and for preparing and 
approving nomination documents for properties proposed as U.S. 
nominations;
    (2) Includes the Indicative Inventory of Potential Future U.S. World 
Heritage Nominations (Indicative Inventory), solicits recommendations on 
which properties on it should be nominated, and requests suggestions of 
properties that should be considered for addition to it; and
    (3) Identifies any special requirements that properties must satisfy 
to be considered for nomination.
    (d) What is the Indicative Inventory and how is it used? (1) The 
World Heritage Convention (Article 11) requests each signatory nation to 
submit a list of candidate sites for the World Heritage List. These 
lists are also known as tentative lists, or Indicative Inventories. The 
NPS compiles and maintains the U.S. Indicative Inventory, which is 
formally known as the Indicative Inventory of Potential Future U.S. 
World Heritage Nominations. It is a list of cultural and natural 
properties located in the United States that, based on preliminary 
examination, appear to qualify for the World Heritage List and that the 
United States may consider for nomination to the List.
    (2) Inclusion of a property on the Indicative Inventory does not 
confer

[[Page 405]]

World Heritage status on it, but merely indicates that the Assistant 
Secretary may further examine the property for possible nomination. The 
Assistant Secretary selects proposed nominations from among the 
potential future nominations included on the Indicative Inventory. Thus, 
the Assistant Secretary uses the Indicative Inventory as the basis for 
selecting United States nominations, and it provides a comparative 
framework within which to judge the outstanding universal value of a 
property. Any agency, organization, or individual may recommend 
additional properties, with accompanying documentation, for inclusion on 
the Indicative Inventory. Ordinarily, a property must have been listed 
on the Indicative Inventory before the Assistant Secretary can consider 
it for nomination.
    (3) The Assistant Secretary, in cooperation with the Panel and other 
sources as appropriate, decides whether to include a recommended 
property on the Indicative Inventory. If a property is included, NPS 
will list it the next time we publish the Indicative Inventory in the 
Federal Register. The Assistant Secretary periodically transmits a copy 
of the Indicative Inventory, including documentation on each property's 
location and significance, to the World Heritage Committee for use in 
evaluation of nominations.
    (e) How are U.S. World Heritage nominations proposed? (1) After the 
First Notice's comment period expires, NPS compiles all suggestions and 
comments. The Assistant Secretary then reviews the comments and 
suggestions and works in cooperation with the Federal Interagency Panel 
for World Heritage to decide whether to identify any properties as 
proposed U.S. nominations. In addition to how well the property 
satisfies the World Heritage criteria (Sec. 73.9) and the legislative 
requirements outlined in paragraph (b)(1) of this section, the Assistant 
Secretary may consider:
    (i) How well the particular type of property (i.e., theme or region) 
is represented on the World Heritage List;
    (ii) The balance between cultural and natural properties already on 
the List and those under consideration;
    (iii) Opportunities that the property affords for public visitation, 
interpretation, and education;
    (iv) Potential threats to the property's integrity or its current 
state of preservation; and
    (v) Other relevant factors, including public interest and awareness 
of the property.
    (2) Selection as a proposed nomination indicates that a property 
appears to qualify for World Heritage status and that the Assistant 
Secretary will encourage the preparation of a complete nomination 
document for the property.
    (f) Who is notified when U.S. World Heritage nominations are 
proposed? (1) The Assistant Secretary for Fish and Wildlife and Parks 
publishes notice of decisions on proposed U.S. nominations in the 
Federal Register (Second Notice). If any properties are identified as 
proposed nominations, the Assistant Secretary also notifies the 
following parties in writing:
    (i) The owner(s) of lands or interests of land that are to be 
included in the nomination; and
    (ii) The House Resources Committee and the Senate Energy and Natural 
Resources Committee.
    (2) The Second Notice advises the recipients of the proposed action, 
references these rules, and sets forth the process for preparing a 
nomination. NPS also prepares and issues a press release on the proposed 
nomination.
    (g) How is a U.S. World Heritage Nomination prepared? NPS 
coordinates arrangements for the preparation of a complete nomination 
document for each proposed property. If you are a property owner(s), 
you, in cooperation with NPS, are responsible for preparing the draft 
nomination and for gathering documentation in support of it. NPS 
oversees the preparation of the nomination and ensures that it follows 
the procedures contained in these rules and the format and procedural 
guidelines established by the World Heritage Committee. Each nomination 
is prepared according to the schedule set forth in the First Notice.
    (h) How is a draft U.S. World Heritage nomination evaluated? The 
draft nomination document serves as the basis for the Assistant 
Secretary's decision to

[[Page 406]]

nominate the property to the World Heritage Committee. NPS coordinates 
the review and evaluation of draft World Heritage nominations. We 
distribute copies to all members of the Federal Interagency Panel for 
World Heritage and request comments regarding the significance of the 
property and the adequacy of the draft nomination. Afterward, we compile 
the recommendations and comments received from the members of the Panel.
    (i) How is a U.S. World Heritage nomination approved and submitted? 
(1) The Assistant Secretary, based on personal evaluation and the 
recommendations from the Panel, may nominate a property that appears to 
meet the World Heritage criteria to the World Heritage Committee on 
behalf of the United States. The Assistant Secretary sends an approved 
nomination document, through the Department of State, to the World 
Heritage Committee. The nomination document should be transmitted so 
that the World Heritage Committee receives it before the deadline 
established for any given year.
    (2) Nomination by the United States does not place a property on the 
World Heritage List. The World Heritage Committee must consider and 
approve the nomination, usually at a meeting during the year following 
its nomination, before it is inscribed as a World Heritage Site.
    (j) Who is notified when a U.S. property has been nominated to the 
World Heritage List? (1) Upon approving a nomination, the Assistant 
Secretary notifies the following parties in writing (Third Notice):
    (i) The owner(s) of land or interests in land that are included in 
the nomination;
    (ii) The House Resources Committee; and
    (iii) The Senate Energy and Natural Resources Committee.
    (2) The Assistant Secretary also publishes notice of the United 
States World Heritage nomination in the Federal Register. In addition, 
NPS issues a press release on the nomination.

[66 FR 57880, Nov. 19, 2001]



Sec. 73.9  World Heritage criteria.

    (a) What are the World Heritage criteria and how are they applied? 
The World Heritage Committee uses the following criteria to evaluate 
cultural and natural properties nominated to the World Heritage List. To 
qualify for addition to the World Heritage List, sites must meet one or 
more of the criteria. For information on how to apply the criteria, you 
should consult their annotated text in the Operational Guidelines for 
the World Heritage Convention. The Operational Guidelines are published 
periodically by the World Heritage Centre. You may obtain copies of the 
World Heritage Convention, the Operational Guidelines, and other program 
information upon request to the Office of International Affairs of the 
National Park Service, 1849 C Street, NW., Room 2242, Washington, DC 
20240. The World Heritage Convention and the Operational Guidelines are 
also posted on the World Heritage Centre's Web site at www.unesco.org/
whc.
    (b) What are the cultural criteria? The criteria for the inclusion 
of cultural properties in the World Heritage List should always be seen 
in relation to one another and should be considered in the context of 
the definition set out in Article 1 of the Convention. A monument, group 
of buildings or site--as defined in Article 1 of the Convention--which 
is nominated for inclusion in the World Heritage List will be considered 
to be of outstanding universal value for the purpose of the Convention 
when the Committee finds that it meets one or more of the following 
criteria and the test of authenticity:
    (1) Each property nominated should therefore:
    (i) Represent a masterpiece of human creative genius; or
    (ii) Exhibit an important interchange of human values, over a span 
of time or within a cultural area of the world, on developments in 
architecture or technology, monumental arts, town-planning or landscape 
design; or
    (iii) Bear a unique or at least exceptional testimony to a cultural 
tradition or to a civilization which is living or which has disappeared; 
or
    (iv) Be an outstanding example of a type of building or 
architectural or technological ensemble or landscape which illustrates a 
significant stage(s) in human history; or

[[Page 407]]

    (v) Be an outstanding example of a traditional human settlement or 
land-use which is representative of a culture (or cultures), especially 
when it has become vulnerable under the impact of irreversible change; 
or
    (vi) Be directly or tangibly associated with events or living 
traditions, with ideas, or with beliefs, with artistic and literary 
works of outstanding universal significance (the Committee considers 
that this criterion should justify inclusion in the List only in 
exceptional circumstances and in conjunction with other criteria 
cultural or natural).
    (2) In addition to the criteria in paragraphs (b)(1)(i) through 
(b)(1)(vi) of this section, the sites should also meet the test of 
authenticity in design, material, workmanship or setting and in the case 
of cultural landscapes their distinctive character and components (the 
Committee stressed that reconstruction is only acceptable if it is 
carried out on the basis of complete and detailed documentation on the 
original and to no extent on conjecture) and have adequate legal and/or 
contractual and/or traditional protection and management mechanisms to 
ensure the conservation of the nominated cultural properties or cultural 
landscapes.
    (c) What are the natural criteria? A natural heritage property--as 
defined in Article 2 of the Convention--which is submitted for inclusion 
in the World Heritage List will be considered to be of outstanding 
universal value for the purposes of the Convention when the Committee 
finds that it meets one or more of the following criteria specified by 
the Operational Guidelines and fulfills the conditions of integrity:
    (1) Sites nominated should therefore:
    (i) Be outstanding examples representing major stages of earth's 
history, including the record of life, significant on-going geological 
processes in the development of landforms, or significant geomorphic or 
physiographic features; or
    (ii) Be outstanding examples representing significant on-going 
ecological and biological processes in the evolution and development of 
terrestrial, fresh water, coastal and marine ecosystems and communities 
of plants and animals; or
    (iii) Contain superlative natural phenomena or areas of exceptional 
natural beauty and aesthetic importance; or
    (iv) Contain the most important and significant natural habitats for 
in-situ conservation of biological diversity, including those containing 
threatened species of outstanding universal value from the point of view 
of science or conservation.
    (2) In addition to the criteria in paragraphs (c)(1)(i) through 
(c)(1)(iv) of this section, the sites should also fulfill the following 
conditions of integrity:
    (i) The sites described in paragraph (c)(1)(i) of this section 
should contain all or most of the key interrelated and interdependent 
elements in their natural relationships.
    (ii) The sites described in paragraph (c)(1)(ii) of this section 
should have sufficient size and contain the necessary elements to 
demonstrate the key aspects of processes that are essential for the 
long-term conservation of the ecosystems and the biological diversity 
they contain.
    (iii) The sites described in paragraph (c)(1)(iii) of this section 
should be of outstanding aesthetic value and include areas that are 
essential for maintaining the beauty of the site.
    (iv) The sites described in paragraph (c)(1)(iv) of this section 
should contain habitats for maintaining the most diverse fauna and flora 
characteristic of the biogeographic province and ecosystems under 
consideration.
    (3) The sites should have a management plan. When a site does not 
have a management plan at the time when it is nominated for the 
consideration of the World Heritage Committee, the State Party concerned 
should indicate when such a plan will become available and how it 
proposes to mobilize the resources required for the preparation and 
implementation of the plan. The State Party should also provide other 
document(s) (e.g. operational plans) which will guide the management of 
the site until such time when a management plan is finalized.

[66 FR 57881, Nov. 19, 2001]

[[Page 408]]



Sec. 73.11  Federal Interagency Panel for World Heritage.

    (a) Responsibilities. The Federal Interagency Panel for World 
Heritage is established to advise the Department of the Interior on 
implementation of the World Heritage Convention. Among other things, the 
panel assists in the following activities:
    (1) The development of policy and procedures for effectively 
implementing the Convention in the U.S.;
    (2) The evaluation of draft U.S. nomination documents;
    (3) The making of recommendations for approval of U.S. nominations;
    (4) The dissemination of information on the Convention within other 
Federal agencies; and
    (5) The promotion of increased awareness and understanding of the 
importance of heritage conservation.
    (b) Composition. (1) The Federal Interagency Panel for World 
Heritage is composed of representatives, named by their respective 
agencies, from the following agencies and offices:
    (i) The Office of the Assistant Secretary for Fish and Wildlife and 
Parks, U.S. Department of the Interior;
    (ii) The National Park Service, U.S. Department of the Interior;
    (iii) The U.S. Fish and Wildlife Service, U.S. Department of the 
Interior;
    (iv) The President's Council on Environmental Quality;
    (v) The Smithsonian Institution;
    (vi) The Advisory Council on Historic Preservation;
    (vii) The National Oceanic and Atmospheric Administration, 
Department of Commerce; and
    (viii) The Department of State.
    (2) Additional representatives from other Federal agencies with 
mandates and expertise in heritage conservation may be requested to 
participate in the Panel from time to time.
    (3) The Assistant Secretary, or his/her designee, chairs the Panel, 
and sets its agenda and schedule. The NPS provides staff support to the 
Panel.



Sec. 73.13  Protection of U.S. World Heritage properties.

    (a) Requirements. (1) Article 5 of the Convention mandates that each 
participating nation shall take, insofar as possible, the appropriate 
legal, scientific, technical, administrative, and financial measures 
necessary for the identification, protection, conservation, 
preservation, and rehabilitation of properties of outstanding universal 
value; and
    (2) Title IV of Pub. L. 96-515 requires that no non-Federal property 
may be nominated to the World Heritage List unless its owner concurs in 
writing to such nomination. The nomination document for each property 
must include evidence of such legal protections as may be necessary to 
ensure preservation of the property and its environment, including, for 
example, restrictive covenants, easements, and other forms of protection 
(16 U.S.C. 470a-1).
    (b) Protection Measures for Public Properties. For properties owned 
or controlled by Federal, State, and/or local governments, the following 
items satisfy the protection requirements outlined in paragraph (a) of 
this section:
    (1) Written concurrence by the owner prior to nomination;
    (2) The nomination document must include reference to:
    (i) All legislation establishing or preserving the area; and
    (ii) All existing and proposed administrative measures, including 
management plans, that would ensure continued satisfactory maintenance 
of the property and its environment; and
    (3) A written statement by the owner(s) that such protection 
measures satisfy the requirements outlined in (a) above.
    (c) Protection Measures for Private Properties. For properties owned 
or controlled by private organizations or individuals, the following 
items satisfy the protection requirements outlined in (a) of this 
section.
    (1) A written covenant executed by the owner(s) prohibiting, in 
perpetuity, any use that is not consistent with, or which threatens or 
damages the property's universally significant values, or other trust or 
legal arrangement that has that effect; and
    (2) The opinion of counsel on the legal status and enforcement of 
such a prohibition, including, but not limited to, enforceability by the 
Federal government or by interested third parties.

In addition, if the owner(s) is willing, a right of first refusal may be 
given for

[[Page 409]]

acquisition of the property, along with a guaranteed source of funding 
and appropriate management framework, in the event of any proposed sale, 
succession, voluntary or involuntary transfer, or in the unlikely event 
that the requirements outlined above prove to be inadequate to ensure 
the preservation of the property's outstanding universal value. The 
protection measures for each private property being considered for 
possible nomination to the World Heritage List will be reviewed on a 
case-by-case basis to ensure that the requirements set forth above 
fulfill the mandate of Pub. L. 96-515.



Sec. 73.15  International World Heritage activities.

    (a) The Assistant Secretary, and other officials as appropriate, may 
represent the U.S. at meetings of the World Heritage Committee, the 
Bureau of the World Heritage Committee, or other international 
organizations or agencies which have activities that relate to World 
Heritage.
    (b) In furtherance of Article 6 of the Convention and to the extent 
that resources permit, the Department will encourage and provide 
international assistance to other nations in activities relating to the 
identification, protection, conservation, and preservation of cultural 
and natural properties. The Secretary, or his designee, may develop and 
make available to other nations and international organizations training 
in, and information concerning, professional methods and techniques for 
the preservation of historic and natural properties (16 U.S.C. 470d; 16 
U.S.C. 1537).
    (c) NPS staff, in conjunction with the Federal Interagency Panel for 
World Heritage, provide support for the Assistant Secretary's 
international activities, including the preparation of documentation, 
briefing papers, and position statements.
    (d) The Assistant Secretary responds, on behalf of the U.S., to 
requests from the World Heritage Committee, international heritage 
conservation organizations, or other nations regarding U.S. 
participation in the World Heritage Convention.



Sec. 73.17  Public information and education activities.

    (a) To the extent that time and resources permit, owners of U.S. 
properties approved for inclusion on the World Heritage List are 
encouraged to publicize the status of the property, through appropriate 
signs, plaques, brochures, public dedication ceremonies, and 
interpretive displays or programs.
    (b) The Department, throught the NPS, may provide guidance to owners 
of U.S. World Heritage properties in developing publicity, educational, 
and/or interpretive programs.
    (c) The NPS is responsible for developing and distributing general 
information materials on the World Heritage Convention, including 
brochures, slideshows, lectures, or other presentations in order to 
strengthen appreciation and understanding of the importance of World 
Heritage as set forth in Article 27 of the Convention.

                         PARTS 74-77 [RESERVED]



PART 78--WAIVER OF FEDERAL AGENCY RESPONSIBILITIES UNDER SECTION 110 OF THE NATIONAL HISTORIC PRESERVATION ACT--Table of Contents




Sec.
78.1  Authorization.
78.2  Definitions.
78.3  Federal Agency decision to waive responsibilites.
78.4  Federal Agency notice.
78.5  Review by the Secretary of the Interior.

    Authority: National Historic Preservation Act of 1966, as amended, 
16 U.S.C. 470 et. seq.

    Source: 50 FR 7590, Feb. 25, 1985, unless otherwise noted.



Sec. 78.1  Authorization.

    Section 110 of the National Historic Preservation Act of 1966, as 
amended (``Act''), sets forth certain responsibilities of Federal 
agencies in carrying out the purposes of the National Historic 
Preservation Act of 1966. Subsection 110(j) authorizes the Secretary of 
the Interior to promulgate regulations under which the requirements in 
section 110 may be waived in whole or

[[Page 410]]

in part in the event of a major natural disaster or an imminent threat 
to the national security. Waiver of responsibilities under section 110 
does not affect an agency's section 106 responsibilities for taking into 
account the effects of emergency activities on properties included in or 
eligible for the National Register of Historic Places and for affording 
the Advisory Council on Historic Preservation an opportunity to comment 
on such activities.



Sec. 78.2  Definitions.

    Federal Agency Head means the highest administrative official of a 
Federal agency, or designee.
    Imminent Threat to the National Security means the imminence of any 
natural, technological, or other occurrence which, in determination of a 
Federal Agency Head, because of its size or intent, seriously degrades 
or threatens the national security of the United States such that an 
emergency action would be impeded if the Federal Agency were to 
concurrenly meet its historic preservation responsibilities under 
section 110 of the National Historic Preservation Act, as amended.
    Major Natural Disaster means any hurricane, tornado, storm, flood, 
high water, tidal wave, earthquake, volcanic eruption, landslide, 
snowstorm, fire, explosion, or other catastrophe, in any part of the 
United States which, in the determination of a Federal Agency Head, 
causes damage of sufficient severity and magnitude such that an 
emergency action is necessary to the preservation of human life or 
property, and that such emergency action would be impeded if the Federal 
Agency were to concurrently meet its historic preservation 
responsibilities under section 110 of the National Historic Preservation 
Act, as amended.

[50 FR 7590, Feb. 25, 1985, as amended at 62 FR 30235, June 3, 1997]



Sec. 78.3  Federal Agency decision to waive responsibilities.

    (a) When a Federal Agency Head determines, under extraordinary 
circumstances, that there is an imminent threat of a major natural 
disaster or an imminent threat to the national security such that an 
emergency action is necessary to the preservation of human life or 
property, and that such emergency action would be impeded if the Federal 
Agency were to concurrently meet its historic preservation 
responsibilities under section 110 of the Act, that Federal Agency Head 
may immediately waive all or part of those responsibilities, subject to 
the procedures set forth herein and provided that the agency head 
implements such measures or procedures as are possible in the 
circumstances to avoid or minimize harm to historic properties.
    (b) Waiver under Sec. 78.3(a) shall not exceed the period of time 
during which the emergency circumstances necessitating the waiver exist.
    (c) In no event shall a Federal Agency Head delay an emergency 
action necessary to the preservation of human life or property for the 
purpose of complying with the requirements in section 110 of the Act.



Sec. 78.4  Federal Agency notice.

    (a) Federal Agency Heads making use of the waiver authority shall, 
within 12 days of the effective date of the waiver, notify the Secretary 
of the Interior, in writing, identifying:
    (1) The major natural disaster or imminent threat to the national 
security necessitating the waiver and the emergency action taken;
    (2) The period of effect of the waiver;
    (3) Which provisions of section 110 have been waived;
    (4) The geographic area to which the waiver applies; and
    (5) The measures and procedures used to avoid or minimize harm to 
historic properties under the conditions necessitating the waiver.
    (b) Information copies of the notice under Sec. 78.4(a) shall be 
forwarded by the Federal Agency Head to the Advisory Council on Historic 
Preservation and the appropriate State Historic Preservation Officer.



Sec. 78.5  Review by the Secretary of the Interior.

    (a) If the Secretary considers that all or part of the agency's 
decision as outlined under Sec. 78.4(a) is inconsistent with the intent 
of the Act or these regulations for use of the waiver under 
extraordinary circumstances, the Secretary shall notify the Agency Head

[[Page 411]]

and the Director of the Office of Management and Budget within 5 days of 
receipt of the Federal Agency notice under Sec. 78.4(a) of termination 
of the waiver, or make appropriate recommendations for modifications of 
the waiver's use. Termination of a waiver by the Secretary is final.
    (b) If the waiver is still in effect at the time the Federal Agency 
Head receives recommendations from the Secretary, the Agency Head shall 
consider the recommendations and any comments received from the Advisory 
Council and the State Historic Preservation Officer before deciding 
whether to continue, withdraw, or modify the waiver. The Federal Agency 
Head shall respond to recommendations received from the Secretary either 
accepting or rejecting those recommendations, and, where recommendations 
are rejected, explaining the reasons for such a decision. Information 
copies of such response shall be forwarded by the Federal Agency Head to 
the Advisory Council on Historic Preservation and the appropriate State 
Historic Preservation Officer.
    (c) If the waiver is no longer in effect at the time the Federal 
Agency Head receives recommendations from the Secretary or comments from 
the Advisory Council or the State Historic Preservation Officer, the 
Federal Agency Head should consider such recommendations and comments in 
similar future emergencies.



PART 79--CURATION OF FEDERALLY-OWNED AND ADMINISTERED ARCHAEOLOGICAL COLLECTIONS--Table of Contents




Sec.
79.1  Purpose.
79.2  Authority.
79.3  Applicability.
79.4  Definitions.
79.5  Management and preservation of collections.
79.6  Methods to secure curatorial services.
79.7  Methods to fund curatorial services.
79.8  Terms and conditions to include in contracts, memoranda and 
          agreements for curatorial services.
79.9  Standards to determine when a repository possesses the capability 
          to provide adequate long-term curatorial services.
79.10  Use of collections.
79.11  Conduct of inspections and inventories.

Appendix A to Part 79--Example of a Deed of Gift
Appendix B to Part 79--Example of a Memorandum of Understanding for 
          Curatorial Services for a Federally-Owned Collection
Appendix C to Part 79--Example of a Short-Term Loan Agreement for a 
          Federally-Owned Collection

    Authority: 16 U.S.C. 470aa-mm, 16 U.S.C. 470 et seq.

    Source: 55 FR 37630, Sept. 12, 1990, unless otherwise noted.



Sec. 79.1  Purpose.

    (a) The regulations in this part establish definitions, standards, 
procedures and guidelines to be followed by Federal agencies to preserve 
collections of prehistoric and historic material remains, and associated 
records, recovered under the authority of the Antiquities Act (16 U.S.C. 
431-433), the Reservoir Salvage Act (16 U.S.C. 469-469c), section 110 of 
the National Historic Preservation Act (16 U.S.C. 470h-2) or the 
Archaeological Resources Protection Act (16 U.S.C. 470aa-mm). They 
establish:
    (1) Procedures and guidelines to manage and preserve collections;
    (2) Terms and conditions for Federal agencies to include in 
contracts, memoranda, agreements or other written instruments with 
repositories for curatorial services;
    (3) Standards to determine when a repository has the capability to 
provide long-term curatorial services; and
    (4) Guidelines to provide access to, loan and otherwise use 
collections.
    (b) The regulations in this part contain three appendices that 
provide additional guidance for use by the Federal Agency Official.
    (1) Appendix A to these regulations contains an example of an 
agreement between a Federal agency and a non- Federal owner of material 
remains who is donating the remains to the Federal agency.
    (2) Appendix B to these regulations contains an example of a 
memorandum of understanding between a Federal agency and a repository 
for long-term curatorial services for a federally-owned collection.

[[Page 412]]

    (3) Appendix C to these regulations contains an example of an 
agreement between a repository and a third party for a short-term loan 
of a federally-owned collection (or a part thereof).
    (4) The three appendices are meant to illustrate how such agreements 
might appear. They should be revised according to the:
    (i) Needs of the Federal agency and any non-Federal owner;
    (ii) Nature and content of the collection; and
    (iii) Type of contract, memorandum, agreement or other written 
instrument being used.
    (5) When a repository has preexisting standard forms (e.g., a short-
term loan form) that are consistent with the regulations in this part, 
those forms may be used in lieu of developing new ones.

[55 FR 37630, Sept. 12, 1990; 55 FR 41639, Oct. 10, 1990]



Sec. 79.2  Authority.

    (a) The regulations in this part are promulgated pursuant to section 
101(a)(7)(A) of the National Historic Preservation Act (16 U.S.C. 470a) 
which requires that the Secretary of the Interior issue regulations 
ensuring that significant prehistoric and historic artifacts, and 
associated records, recovered under the authority of section 110 of that 
Act (16 U.S.C. 470h-2), the Reservoir Salvage Act (16 U.S.C. 469-469c) 
and the Archaeological Resources Protection Act (16 U.S.C. 470aa-mm) are 
deposited in an institution with adequate long-term curatorial 
capabilities.
    (b) In addition, the regulations in this part are promulgated 
pursuant to section 5 of the Archaeological Resources Protection Act (16 
U.S.C. 470dd) which gives the Secretary of the Interior discretionary 
authority to promulgate regulations for the:
    (1) Exchange, where appropriate, between suitable universities, 
museums or other scientific or educational institutions, of 
archeological resources recovered from public and Indian lands under 
that Act; and
    (2) Ultimate disposition of archeological resources recovered under 
that Act (16 U.S.C. 470aa-mm), the Antiquities Act (16 U.S.C. 431-433) 
or the Reservoir Salvage Act (16 U.S.C. 469-469c).
    (3) It further states that any exchange or ultimate disposition of 
resources excavated or removed from Indian lands shall be subject to the 
consent of the Indian or Indian tribe that owns or has jurisdiction over 
such lands.

[55 FR 37630, Sept. 12, 1990; 55 FR 41639, Oct. 10, 1990]



Sec. 79.3  Applicability.

    (a) The regulations in this part apply to collections, as defined in 
Sec. 79.4 of this part, that are excavated or removed under the 
authority of the Antiquities Act (16 U.S.C. 431-433), the Reservoir 
Salvage Act (16 U.S.C. 469-469c), section 110 of the National Historic 
Preservation Act (16 U.S.C. 470h-2) or the Archaeological Resources 
Protection Act (16 U.S.C. 470aa-mm). Such collections generally include 
those that are the result of a prehistoric or historic resource survey, 
excavation or other study conducted in connection with a Federal action, 
assistance, license or permit.
    (1) Material remains, as defined in Sec. 79.4 of this part, that are 
excavated or removed from a prehistoric or historic resource generally 
are the property of the landowner.
    (2) Data that are generated as a result of a prehistoric or historic 
resource survey, excavation or other study are recorded in associated 
records, as defined in Sec. 79.4 of this part. Associated records that 
are prepared or assembled in connection with a Federal or federally 
authorized prehistoric or historic resource survey, excavation or other 
study are the property of the U.S. Government, regardless of the 
location of the resource.
    (b) The regulations in this part apply to preexisting and new 
collections that meet the requirements of paragraph (a) of this section. 
However, the regulations shall not be applied in a manner that would 
supersede or breach material terms and conditions in any contract, 
grant, license, permit, memorandum, or agreement entered into by or on 
behalf of a Federal agency prior to the effective date of this 
regulation.
    (c) Collections that are excavated or removed pursuant to the 
Antiquities Act (16 U.S.C. 431-433) remain subject to that Act, the 
Act's implementing

[[Page 413]]

rule (43 CFR part 3), and the terms and conditions of the pertinent 
Antiquities Act permit or other approval.
    (d) Collections that are excavated or removed pursuant to the 
Archaeological Resources Protection Act (16 U.S.C. 470aa-mm) remain 
subject to that Act, the Act's implementing rules (43 CFR part 7, 36 CFR 
part 296, 18 CFR part 1312, and 32 CFR part 229), and the terms and 
conditions of the pertinent Archaeological Resources Protection Act 
permit or other approval.
    (e) Any repository that is providing curatorial services for a 
collection subject to the regulations in this part must possess the 
capability to provide adequate long-term curatorial services, as set 
forth in Sec. 79.9 of this part, to safeguard and preserve the 
associated records and any material remains that are deposited in the 
repository.

[55 FR 37630, Sept. 12, 1990; 55 FR 41639, Oct. 10, 1990]



Sec. 79.4  Definitions.

    As used for purposes of this part:
    (a) Collection means material remains that are excavated or removed 
during a survey, excavation or other study of a prehistoric or historic 
resource, and associated records that are prepared or assembled in 
connection with the survey, excavation or other study.
    (1) Material remains means artifacts, objects, specimens and other 
physical evidence that are excavated or removed in connection with 
efforts to locate, evaluate, document, study, preserve or recover a 
prehistoric or historic resource. Classes of material remains (and 
illustrative examples) that may be in a collection include, but are not 
limited to:
    (i) Components of structures and features (such as houses, mills, 
piers, fortifications, raceways, earthworks and mounds);
    (ii) Intact or fragmentary artifacts of human manufacture (such as 
tools, weapons, pottery, basketry and textiles);
    (iii) Intact or fragmentary natural objects used by humans (such as 
rock crystals, feathers and pigments);
    (iv) By-products, waste products or debris resulting from the 
manufacture or use of man-made or natural materials (such as slag, 
dumps, cores and debitage);
    (v) Organic material (such as vegetable and animal remains, and 
coprolites);
    (vi) Human remains (such as bone, teeth, mummified flesh, burials 
and cremations);
    (vii) Components of petroglyphs, pictographs, intaglios or other 
works of artistic or symbolic representation;
    (viii) Components of shipwrecks (such as pieces of the ship's hull, 
rigging, armaments, apparel, tackle, contents and cargo);
    (ix) Environmental and chronometric specimens (such as pollen, 
seeds, wood, shell, bone, charcoal, tree core samples, soil, sediment 
cores, obsidian, volcanic ash, and baked clay); and
    (x) Paleontological specimens that are found in direct physical 
relationship with a prehistoric or historic resource.
    (2) Associated records means original records (or copies thereof) 
that are prepared, assembled and document efforts to locate, evaluate, 
record, study, preserve or recover a prehistoric or historic resource. 
Some records such as field notes, artifact inventories and oral 
histories may be originals that are prepared as a result of the field 
work, analysis and report preparation. Other records such as deeds, 
survey plats, historical maps and diaries may be copies of original 
public or archival documents that are assembled and studied as a result 
of historical research. Classes of associated records (and illustrative 
examples) that may be in a collection include, but are not limited to:
    (i) Records relating to the identification, evaluation, 
documentation, study, preservation or recovery of a resource (such as 
site forms, field notes, drawings, maps, photographs, slides, negatives, 
films, video and audio cassette tapes, oral histories, artifact 
inventories, laboratory reports, computer cards and tapes, computer 
disks and diskettes, printouts of computerized data, manuscripts, 
reports, and accession, catalog and inventory records);
    (ii) Records relating to the identification of a resource using 
remote sensing methods and equipment (such as satellite and aerial 
photography and

[[Page 414]]

imagery, side scan sonar, magnetometers, subbottom profilers, radar and 
fathometers);
    (iii) Public records essential to understanding the resource (such 
as deeds, survey plats, military and census records, birth, marriage and 
death certificates, immigration and naturalization papers, tax forms and 
reports);
    (iv) Archival records essential to understanding the resource (such 
as historical maps, drawings and photographs, manuscripts, architectural 
and landscape plans, correspondence, diaries, ledgers, catalogs and 
receipts); and
    (v) Administrative records relating to the survey, excavation or 
other study of the resource (such as scopes of work, requests for 
proposals, research proposals, contracts, antiquities permits, reports, 
documents relating to compliance with section 106 of the National 
Historic Preservation Act (16 U.S.C. 470f), and National Register of 
Historic Places nomination and determination of eligibility forms).
    (b) Curatorial services. Providing curatorial services means 
managing and preserving a collection according to professional museum 
and archival practices, including, but not limited to:
    (1) Inventorying, accessioning, labeling and cataloging a 
collection;
    (2) Identifying, evaluating and documenting a collection;
    (3) Storing and maintaining a collection using appropriate methods 
and containers, and under appropriate environmental conditions and 
physically secure controls;
    (4) Periodically inspecting a collection and taking such actions as 
may be necessary to preserve it;
    (5) Providing access and facilities to study a collection; and
    (6) Handling, cleaning, stabilizing and conserving a collection in 
such a manner to preserve it.
    (c) Federal Agency Official means any officer, employee or agent 
officially representing the secretary of the department or the head of 
any other agency or instrumentality of the United States having primary 
management authority over a collection that is subject to this part.
    (d) Indian lands has the same meaning as in Sec. -.3(e) of uniform 
regulations 43 CFR part 7, 36 CFR part 296, 18 CFR part 1312, and 32 CFR 
part 229.
    (e) Indian tribe has the same meaning as in Sec. -.3(f) of uniform 
regulations 43 CFR part 7, 36 CFR part 296, 18 CFR part 1312, and 32 CFR 
part 229.
    (f) Personal property has the same meaning as in 41 CFR 100-43.001-
14. Collections, equipment (e.g., a specimen cabinet or exhibit case), 
materials and supplies are classes of personal property.
    (g) Public lands has the same meaning as in Sec. -.3(d) of uniform 
regulations 43 CFR part 7, 36 CFR part 296, 18 CFR part 1312, and 32 CFR 
part 229.
    (h) Qualified museum professional means a person who possesses 
knowledge, experience and demonstrable competence in museum methods and 
techniques appropriate to the nature and content of the collection under 
the person's management and care, and commensurate with the person's 
duties and responsibilities. Standards that may be used, as appropriate, 
for classifying positions and for evaluating a person's qualifications 
include, but are not limited to, the following:
    (1) The Office of Personnel Management's ``Position Classification 
Standards for Positions under the General Schedule Classification 
System'' (U.S. Government Printing Office, stock No. 906--028-00000-0 
(1981)) are used by Federal agencies to determine appropriate 
occupational series and grade levels for positions in the Federal 
service. Occupational series most commonly associated with museum work 
are the museum curator series (GS/GM-1015) and the museum technician and 
specialist series (GS/GM-1016). Other scientific and professional series 
that may have collateral museum duties include, but are not limited to, 
the archivist series (GS/GM-1420), the archeologist series (GS/GM-193), 
the anthropologist series (GS/GM-190), and the historian series (GS/GM-
170). In general, grades GS-9 and below are assistants and trainees 
while grades GS-11 and above are professionals at the full performance 
level. Grades GS-11 and above are determined according to the level of 
independent professional responsibility, degree of specialization and 
scholarship, and the

[[Page 415]]

nature, variety, complexity, type and scope of the work.
    (2) The Office of Personnel Management's ``Qualification Standards 
for Positions under the General Schedule (Handbook X-118)'' (U.S. 
Government Printing Office, stock No. 906-030-00000-4 (1986)) establish 
educational, experience and training requirements for employment with 
the Federal Government under the various occupational series. A graduate 
degree in museum science or applicable subject matter, or equivalent 
training and experience, and three years of professional experience are 
required for museum positions at grades GS-11 and above.
    (3) The ``Secretary of the Interior's Standards and Guidelines for 
Archeology and Historic Preservation'' (48 FR 44716, Sept. 29, 1983) 
provide technical advice about archeological and historic preservation 
activities and methods for use by Federal, State and local Governments 
and others. One section presents qualification standards for a number of 
historic preservation professions. While no standards are presented for 
collections managers, museum curators or technicians, standards are 
presented for other professions (i.e., historians, archeologists, 
architectural historians, architects, and historic architects) that may 
have collateral museum duties.
    (4) Copies of the Office of Personnel Management's standards, 
including subscriptions for subsequent updates, may be purchased from 
the Superintendent of Documents, U.S. Government Printing Office, 
Washington, DC 20402. Copies may be inspected at the Office of Personnel 
Management's Library, 1900 E Street NW., Washington, DC, at any regional 
or area office of the Office of Personnel Management, at any Federal Job 
Information Center, and at any personnel office of any Federal agency. 
Copies of the ``Secretary of the Interior's Standards and Guidelines for 
Archeology and Historic Preservation'' are available at no charge from 
the Interagency Resources Division, National Park Service, P.O. Box 
37127, Washington, DC 20013-7127.
    (i) Religious remains means material remains that the Federal Agency 
Official has determined are of traditional religious or sacred 
importance to an Indian tribe or other group because of customary use in 
religious rituals or spiritual activities. The Federal Agency Official 
makes this determination in consultation with appropriate Indian tribes 
or other groups.
    (j) Repository means a facility such as a museum, archeological 
center, laboratory or storage facility managed by a university, college, 
museum, other educational or scientific institution, a Federal, State or 
local Government agency or Indian tribe that can provide professional, 
systematic and accountable curatorial services on a long-term basis.
    (k) Repository Official means any officer, employee or agent 
officially representing the repository that is providing curatorial 
services for a collection that is subject to this part.
    (l) Tribal Official means the chief executive officer or any 
officer, employee or agent officially representing the Indian tribe.

[55 FR 37630, Sept. 12, 1990; 55 FR 41639, Oct. 10, 1990]



Sec. 79.5  Management and preservation of collections.

    The Federal Agency Official is responsible for the long-term 
management and preservation of preexisting and new collections subject 
to this part. Such collections shall be placed in a repository with 
adequate long-term curatorial capabilities, as set forth in Sec. 79.9 of 
this part, appropriate to the nature and content of the collections.
    (a) Preexisting collections. The Federal Agency Official is 
responsible for ensuring that preexisting collections, meaning those 
collections that are placed in repositories prior to the effective date 
of this rule, are being properly managed and preserved. The Federal 
Agency Official shall identify such repositories, and review and 
evaluate the curatorial services that are being provided to preexisting 
collections. When the Federal Agency Official determines that such a 
repository does not have the capability to provide adequate long-term 
curatorial services, as set forth in Sec. 79.9 of this part, the Federal 
Agency Official may either:
    (1) Enter into or amend an existing contract, memorandum, agreement 
or

[[Page 416]]

other appropriate written instrument for curatorial services for the 
purpose of:
    (i) Identifying specific actions that shall be taken by the 
repository, the Federal agency or other appropriate party to eliminate 
the inadequacies;
    (ii) Specifying a reasonable period of time and a schedule within 
which the actions shall be completed; and
    (iii) Specifying any necessary funds or services that shall be 
provided by the repository, the Federal agency or other appropriate 
party to complete the actions; or
    (2) Remove the collections from the repository and deposit them in 
another repository that can provide such services in accordance with the 
regulations in this part. Prior to moving any collection that is from 
Indian lands, the Federal Agency Official must obtain the written 
consent of the Indian landowner and the Indian tribe having jurisdiction 
over the lands.
    (b) New collections. The Federal Agency Official shall deposit a 
collection in a repository upon determining that:
    (1) The repository has the capability to provide adequate long-term 
curatorial services, as set forth in Sec. 79.9 of this part;
    (2) The repository's facilities, written curatorial policies and 
operating procedures are consistent with the regulations in this part;
    (3) The repository has certified, in writing, that the collection 
shall be cared for, maintained and made accessible in accordance with 
the regulations in this part and any terms and conditions that are 
specified by the Federal Agency Official;
    (4) When the collection is from Indian lands, written consent to the 
disposition has been obtained from the Indian landowner and the Indian 
tribe having jurisdiction over the lands; and
    (5) The initial processing of the material remains (including 
appropriate cleaning, sorting, labeling, cataloging, stabilizing and 
packaging) has been completed, and associated records have been prepared 
and organized in accordance with the repository's processing and 
documentation procedures.
    (c) Retention of records by Federal agencies. The Federal Agency 
Official shall maintain administrative records on the disposition of 
each collection including, but not limited to:
    (1) The name and location of the repository where the collection is 
deposited;
    (2) A copy of the contract, memorandum, agreement or other 
appropriate written instrument, and any subsequent amendments, between 
the Federal agency, the repository and any other party for curatorial 
services;
    (3) A catalog list of the contents of the collection that is 
deposited in the repository;
    (4) A list of any other Federal personal property that is furnished 
to the repository as a part of the contract, memorandum, agreement or 
other appropriate written instrument for curatorial services;
    (5) Copies of reports documenting inspections, inventories and 
investigations of loss, damage or destruction that are conducted 
pursuant to Sec. 79.11 of this part; and
    (6) Any subsequent permanent transfer of the collection (or a part 
thereof) to another repository.



Sec. 79.6  Methods to secure curatorial services.

    (a) Federal agencies may secure curatorial services using a variety 
of methods, subject to Federal procurement and property management 
statutes, regulations, and any agency-specific statutes and regulations 
on the management of museum collections. Methods that may be used by 
Federal agencies to secure curatorial services include, but are not 
limited to:
    (1) Placing the collection in a repository that is owned, leased or 
otherwise operated by the Federal agency;
    (2) Entering into a contract or purchase order with a repository for 
curatorial services;
    (3) Entering into a cooperative agreement, a memorandum of 
understanding, a memorandum of agreement or other agreement, as 
appropriate, with a State, local or Indian tribal repository, a 
university, museum or other scientific or educational institution that 
operates or manages a repository, for curatorial services;
    (4) Entering into an interagency agreement with another Federal 
agency for curatorial services;

[[Page 417]]

    (5) Transferring the collection to another Federal agency for 
preservation; and
    (6) For archeological activities permitted on public or Indian lands 
under the Archaeological Resources Protection Act (16 U.S.C. 470 aa-mm), 
the Antiquities Act (16 U.S.C. 431-433) or other authority, requiring 
the archeological permittee to provide for curatorial services as a 
condition to the issuance of the archeological permit.
    (b) Guidelines for selecting a repository. (1) When possible, the 
collection should be deposited in a repository that:
    (i) Is in the State of origin;
    (ii) Stores and maintains other collections from the same site or 
project location; or
    (iii) Houses collections from a similar geographic region or 
cultural area.
    (2) The collection should not be subdivided and stored at more than 
a single repository unless such subdivision is necessary to meet special 
storage, conservation or research needs.
    (3) Except when non-federally-owned material remains are retained 
and disposed of by the owner, material remains and associated records 
should be deposited in the same repository to maintain the integrity and 
research value of the collection.
    (c) Sources for technical assistance. The Federal Agency Official 
should consult with persons having expertise in the management and 
preservation of collections prior to preparing a scope of work or a 
request for proposals for curatorial services. This will help ensure 
that the resulting contract, memorandum, agreement or other written 
instrument meets the needs of the collection, including any special 
needs in regard to any religious remains. It also will aid the Federal 
Agency Official in evaluating the qualifications and appropriateness of 
a repository, and in determining whether the repository has the 
capability to provide adequate long-term curatorial services for a 
collection. Persons, agencies, institutions and organizations that may 
be able to provide technical assistance include, but are not limited to 
the:
    (1) Federal agency's Historic Preservation Officer;
    (2) State Historic Preservation Officer;
    (3) Tribal Historic Preservation Officer;
    (4) State Archeologist;
    (5) Curators, collections managers, conservators, archivists, 
archeologists, historians and anthropologists in Federal and State 
Government agencies and Indian tribal museum;
    (6) Indian tribal elders and religious leaders;
    (7) Smithsonian Institution;
    (8) American Association of Museums; and
    (9) National Park Service.

[55 FR 37630, Sept. 12, 1990; 55 FR 41639, Oct. 10, 1990]



Sec. 79.7  Methods to fund curatorial services.

    A variety of methods are used by Federal agencies to ensure that 
sufficient funds are available for adequate, long-term care and 
maintenance of collections. Those methods include, but are not limited 
to, the following:
    (a) Federal agencies may fund a variety of curatorial activities 
using monies appropriated annually by the U.S. Congress, subject to any 
specific statutory authorities or limitations applicable to a particular 
agency. As appropriate, curatorial activities that may be funded by 
Federal agencies include, but are not limited to:
    (1) Purchasing, constructing, leasing, renovating, upgrading, 
expanding, operating, and maintaining a repository that has the 
capability to provide adequate long-term curatorial services as set 
forth in Sec. 79.9 of this part;
    (2) Entering into and maintaining on a cost-reimbursable or cost-
sharing basis a contract, memorandum, agreement, or other appropriate 
written instrument with a repository that has the capability to provide 
adequate long-term curatorial services as set forth in Sec. 79.9 of this 
part;
    (3) As authorized under section 110(g) of the National Historic 
Preservation Act (16 U.S.C. 470h-2), reimbursing a grantee for 
curatorial costs paid by the grantee as a part of the grant project;
    (4) As authorized under section 110(g) of the National Historic 
Preservation Act (16 U.S.C. 470h-2), reimbursing a State agency for 
curatorial costs paid by the State agency to carry out the

[[Page 418]]

historic preservation responsibilities of the Federal agency;
    (5) Conducting inspections and inventories in accordance with 
Sec. 79.11 of this part; and
    (6) When a repository that is housing and maintaining a collection 
can no longer provide adequate long-term curatorial services, as set 
forth in Sec. 79.9 of this part, either:
    (i) Providing such funds or services as may be agreed upon pursuant 
to Sec. 79.5(a)(1) of this part to assist the repository in eliminating 
the deficiencies; or
    (ii) Removing the collection from the repository and depositing it 
in another repository that can provide curatorial services in accordance 
with the regulations in this part.
    (b) As authorized under section 110(g) of the National Historic 
Preservation Act (16 U.S.C. 470h-2) and section 208(2) of the National 
Historic Preservation Act Amendments (16 U.S.C. 469c-2), for federally 
licensed or permitted projects or programs, Federal agencies may charge 
licensees and permittees reasonable costs for curatorial activities 
associated with identification, surveys, evaluation and data recovery as 
a condition to the issuance of a Federal license or permit.
    (c) Federal agencies may deposit collections in a repository that 
agrees to provide curatorial services at no cost to the U.S. Government. 
This generally occurs when a collection is excavated or removed from 
public or Indian lands under a research permit issued pursuant to the 
Antiquities Act (16 U.S.C. 431-433) or the Archaeological Resources 
Protection Act (16 U.S.C. 470aa-mm). A repository also may agree to 
provide curatorial services as a public service or as a means of 
ensuring direct access to a collection for long-term study and use. 
Federal agencies should ensure that a repository that agrees to provide 
curatorial services at no cost to the U.S. Government has sufficient 
financial resources to support its operations and any needed 
improvements.
    (d) Funds provided to a repository for curatorial services should 
include costs for initially processing, cataloging and accessioning the 
collection as well as costs for storing, inspecting, inventorying, 
maintaining, and conserving the collection on a long-term basis.
    (1) Funds to initially process, catalog and accession a collection 
to be generated during identification and evaluation surveys should be 
included in project planning budgets.
    (2) Funds to initially process, catalog and accession a collection 
to be generated during data recovery operations should be included in 
project mitigation budgets.
    (3) Funds to store, inspect, inventory, maintain and conserve a 
collection on a long-term basis should be included in annual operating 
budgets.
    (e) When the Federal Agency Official determines that data recovery 
costs may exceed the one percent limitation contained in the 
Archeological and Historic Preservation Act (16 U.S.C. 469c), as 
authorized under section 208(3) of the National Historic Preservation 
Act Amendments (16 U.S.C. 469c-2), the limitation may be waived, in 
appropriate cases, after the Federal Agency Official has:
    (1) Obtained the concurrence of the Secretary of the U.S. Department 
of the Interior by sending a written request to the Departmental 
Consulting Archeologist, National Park Service, P.O. Box 37127, 
Washington, DC 20013-7127; and
    (2) Notified the Committee on Energy and Natural Resources of the 
U.S. Senate and the Committee on Interior and Insular Affairs of the 
U.S. House of Representatives.

[55 FR 37630, Sept. 12, 1990; 55 FR 41639, Oct. 10, 1990]



Sec. 79.8  Terms and conditions to include in contracts, memoranda and agreements for curatorial services.

    The Federal Agency Official shall ensure that any contract, 
memorandum, agreement or other appropriate written instrument for 
curatorial services that is entered into by or on behalf of that 
Official, a Repository Official and any other appropriate party contains 
the following:
    (a) A statement that identifies the collection or group of 
collections to be covered and any other U.S. Government-owned personal 
property to be furnished to the repository;

[[Page 419]]

    (b) A statement that identifies who owns and has jurisdiction over 
the collection;
    (c) A statement of work to be performed by the repository;
    (d) A statement of the responsibilities of the Federal agency and 
any other appropriate party;
    (e) When the collection is from Indian lands:
    (1) A statement that the Indian landowner and the Indian tribe 
having jurisdiction over the lands consent to the disposition; and
    (2) Such terms and conditions as may be requested by the Indian 
landowner and the Indian tribe having jurisdiction over the lands;
    (f) When the collection is from a site on public lands that the 
Federal Agency Official has determined is of religious or cultural 
importance to any Indian tribe having aboriginal or historic ties to 
such lands, such terms and conditions as may have been developed 
pursuant to Sec. -.7 of uniform regulations 43 CFR part 7, 36 CFR part 
296, 18 CFR part 1312, and 32 CFR part 229;
    (g) The term of the contract, memorandum or agreement; and 
procedures for modification, suspension, extension, and termination;
    (h) A statement of costs associated with the contract, memorandum or 
agreement; the funds or services to be provided by the repository, the 
Federal agency and any other appropriate party; and the schedule for any 
payments;
    (i) Any special procedures and restrictions for handling, storing, 
inspecting, inventorying, cleaning, conserving, and exhibiting the 
collection;
    (j) Instructions and any terms and conditions for making the 
collection available for scientific, educational and religious uses, 
including procedures and criteria to be used by the Repository Official 
to review, approve or deny, and document actions taken in response to 
requests for study, laboratory analysis, loan, exhibition, use in 
religious rituals or spiritual activities, and other uses. When the 
Repository Official to approve consumptive uses, this should be 
specified; otherwise, the Federal Agency Official should review and 
approve consumptive uses. When the repository's existing operating 
procedures and criteria for evaluating requests to use collections are 
consistent with the regulations in this part, they may be used, after 
making any necessary modifications, in lieu of developing new ones;
    (k) Instructions for restricting access to information relating to 
the nature, location and character of the prehistoric or historic 
resource from which the material remains are excavated or removed;
    (l) A statement that copies of any publications resulting from study 
of the collection are to be provided to the Federal Agency Official and, 
when the collection is from Indian lands, to the Tribal Official and the 
Tribal Historic Preservation Officer, if any, of the Indian tribe that 
owns or has jurisdiction over such lands;
    (m) A statement that specifies the frequency and methods for 
conducting and documenting the inspections and inventories stipulated in 
Sec. 79.11 of this part;
    (n) A statement that the Repository Official shall redirect any 
request for transfer or repatriation of a federally-owned collection (or 
any part thereof) to the Federal Agency Official, and redirect any 
request for transfer or repatriation of a federally administered 
collection (or any part thereof) to the Federal Agency Official and the 
owner;
    (o) A statement that the Repository Official shall not transfer, 
repatriate or discard a federally-owned collection (or any part thereof) 
without the written permission of the Federal Agency Official, and not 
transfer, repatriate or discard a federally administered collection (or 
any part thereof) without the written permission of the Federal Agency 
Official and the owner;
    (p) A statement that the Repository Official shall not sell the 
collection; and
    (q) A statement that the repository shall provide curatorial 
services in accordance with the regulations in this part.

[[Page 420]]



Sec. 79.9  Standards to determine when a repository possesses the capability to provide adequate long-term curatorial services.

    The Federal Agency Official shall determine that a repository has 
the capability to provide adequate long-term curatorial services when 
the repository is able to:
    (a) Accession, label, catalog, store, maintain, inventory and 
conserve the particular collection on a long-term basis using 
professional museum and archival practices; and
    (b) Comply with the following, as appropriate to the nature and 
consent of the collection;
    (1) Maintain complete and accurate records of the collection, 
including:
    (i) Records on acquisitions;
    (ii) Catalog and artifact inventory lists;
    (iii) Descriptive information, including field notes, site forms and 
reports;
    (iv) Photographs, negatives and slides;
    (v) Locational information, including maps;
    (vi) Information on the condition of the collection, including any 
completed conservation treatments;
    (vii) Approved loans and other uses;
    (viii) Inventory and inspection records, including any environmental 
monitoring records;
    (ix) Records on lost, deteriorated, damaged or destroyed Government 
property; and
    (x) Records on any deaccessions and subsequent transfers, 
repatriations or discards, as approved by the Federal Agency Official;
    (2) Dedicate the requisite facilities, equipment and space in the 
physical plant to properly store, study and conserve the collection. 
Space used for storage, study, conservation and, if exhibited, any 
exhibition must not be used for non-curatorial purposes that would 
endanger or damage the collection;
    (3) Keep the collection under physically secure conditions within 
storage, laboratory, study and any exhibition areas by:
    (i) Having the physical plant meet local electrical, fire, building, 
health and safety codes;
    (ii) Having an appropriate and operational fire detection and 
suppression system;
    (iii) Having an appropriate and operational intrusion detection and 
deterrent system;
    (iv) Having an adequate emergency management plan that establishes 
procedures for responding to fires, floods, natural disasters, civil 
unrest, acts of violence, structural failures and failures of mechanical 
systems within the physical plant;
    (v) Providing fragile or valuable items in a collection with 
additional security such as locking the items in a safe, vault or museum 
specimen cabinet, as appropriate;
    (vi) Limiting and controlling access to keys, the collection and the 
physical plant; and
    (vii) Inspecting the physical plant in accordance with Sec. 79.11 of 
this part for possible security weaknesses and environmental control 
problems, and taking necessary actions to maintain the integrity of the 
collection;
    (4) Require staff and any consultants who are responsible for 
managing and preserving the collection to be qualified museum 
professionals;
    (5) Handle, store, clean, conserve and, if exhibited, exhibit the 
collection in a manner that:
    (i) Is appropriate to the nature of the material remains and 
associated records;
    (ii) Protects them from breakage and possible deterioration from 
adverse temperature and relative humidity, visible light, ultraviolet 
radiation, dust, soot, gases, mold, fungus, insects, rodents and general 
neglect; and
    (iii) Preserves data that may be studied in future laboratory 
analyses. When material remains in a collection are to be treated with 
chemical solutions or preservatives that will permanently alter the 
remains, when possible, retain untreated representative samples of each 
affected artifact type, environmental specimen or other category of 
material remains to be treated. Untreated samples should not be 
stabilized or conserved beyond dry brushing;
    (6) Store site forms, field notes, artifacts inventory lists, 
computer disks and tapes, catalog forms and a copy of

[[Page 421]]

the final report in a manner that will protect them from theft and fire 
such as:
    (i) Storing the records in an appropriate insulated, fire resistant, 
locking cabinet, safe, vault or other container, or in a location with a 
fire suppression system;
    (ii) Storing a duplicate set of records in a separate location; or
    (iii) Ensuring that records are maintained and accessible through 
another party. For example, copies of final reports and site forms 
frequently are maintained by the State Historic Preservation Officer, 
the State Archeologist or the State museum or universtiy. The Tribal 
Historic Preservation Officer and Indian tribal museum ordinarily 
maintain records on collections recovered from sites located on Indian 
lands. The National Technical Information Service and the Defense 
Technical Information Service maintain copies of final reports that have 
been deposited by Federal agencies. The National Archeological Database 
maintains summary information on archeological reports and projects, 
including information on the location of those reports.
    (7) Inspect the collection in accordance with Sec. 79.11 of this 
part for possible deterioration and damage, and perform only those 
actions as are absolutely necessary to stabilize the collection and rid 
it of any agents of deterioration;
    (8) Conduct inventories in accordance with Sec. 79.11 of this part 
to verify the location of the material remains, associated records and 
any other Federal personal property that is furnished to the repository; 
and
    (9) Provide access to the collection in accordance with Sec. 79.10 
of this part.

[55 FR 37630, Sept. 12, 1990; 55 FR 41639, Oct. 10, 1990]



Sec. 79.10  Use of collections.

    (a) The Federal Agency Official shall ensure that the Repository 
Official makes the collection available for scientific, educational and 
religious uses, subject to such terms and conditions as are necessary to 
protect and preserve the condition, research potential, religious or 
sacred importance, and uniqueness of the collection.
    (b) Scientific and educational uses. A collection shall be made 
available to qualified professionals for study, loan and use for such 
purposes as in-house and traveling exhibits, teaching, public 
interpretation, scientific analysis and scholarly research. Qualified 
professionals would include, but not be limited to, curators, 
conservators, collection managers, exhibitors, researchers, scholars, 
archeological contractors and educators. Students may use a collection 
when under the direction of a qualified professional. Any resulting 
exhibits and publications shall acknowledge the repository as the 
curatorial facility and the Federal agency as the owner or 
administrator, as appropriate. When the collection is from Indian lands 
and the Indian landowner and the Indian tribe having jurisdiction over 
the lands wish to be identified, those individuals and the Indian tribe 
shall also be acknowledged. Copies of any resulting publications shall 
be provided to the Repository Official and the Federal Agency Official. 
When Indian lands are involved, copies of such publications shall also 
be provided to the Tribal Offical and the Tribal Historic Preservation 
Officer, if any, of the Indian tribe that owns or has jurisdiction over 
such lands.
    (c) Religious uses. Religious remains in a collection shall be made 
available to persons for use in religious rituals or spiritual 
activities. Religious remains generally are of interest to medicine men 
and women, and other religious practitioners and persons from Indian 
tribes, Alaskan Native corporations, Native Hawaiians, and other 
indigenous and immigrant ethnic, social and religious groups that have 
aboriginal or historic ties to the lands from which the remains are 
recovered, and have traditionally used the remains or class of remains 
in religious rituals or spiritual activities.
    (d) Terms and conditions. (1) In accordance with section 9 of the 
Archaeological Resources Protection Act (16 U.S.C. 470hh) and section 
304 of the National Historic Preservation Act (16 U.S.C. 470 w-3), the 
Federal Agency Official shall restrict access to associated records that 
contain information relating to the nature, location or character

[[Page 422]]

of a prehistoric or historic resource unless the Federal Agency Official 
determines that such disclosure would not create a risk of harm, theft 
or destruction to the resource or to the area or place where the 
resource is located.
    (2) Section -.18(a)(2) of uniform regulations 43 CFR part 7, 36 CFR 
part 296, 18 CFR part 1312, and 32 CFR part 229 sets forth procedures 
whereby information relating to the nature, location or character of a 
prehistoric or historic resource may be made available to the Governor 
of any State. The Federal Agency Official may make information available 
to other persons who, following the procedures in     Sec. -.18(a)(2) of 
the referenced uniform regulations, demonstrate that the disclosure will 
not create a risk of harm, theft or destruction to the resource or to 
the area or place where the resource is located. Other persons generally 
would include, but not be limited to, archeological contractors, 
researchers, scholars, tribal representatives, Federal, State and local 
agency personnel, and other persons who are studying the resource or 
class or resources.
    (3) When a collection is from Indian lands, the Federal Agency 
Official shall place such terms and conditions as may be requested by 
the Indian landowner and the Indian tribe having jurisdiction over the 
lands on:
    (i) Scientific, educational or religious uses of material remains; 
and
    (ii) Access to associated records that contain information relating 
to the nature, location or character of the resource.
    (4) When a collection is from a site on public lands that the 
Federal Agency Official has determined is of religious or cultural 
importance to any Indian tribe having aboriginal or historic ties to 
such lands, the Federal Agency Official shall place such terms and 
conditions as may have been developed pursuant to Sec. -.7 of uniform 
regulations 43 CFR part 7, 36 CFR part 296, 18 CFR part 1312, and 32 CFR 
part 229 on:
    (i) Scientific, educational or religious uses of material remains; 
and
    (ii) Access to associated records that contain information relating 
to the nature, location or character of the resource.
    (5) The Federal Agency Official shall not allow uses that would 
alter, damage or destory an object in a collection unless the Federal 
Agency Official determines that such use is necessary for scientifc 
studies or public interpretation, and the potential gain in scientific 
or interpretive information outweighs the potential loss of the object. 
When possible, such use should be limited to unprovenienced, nonunique, 
nonfragile objects, or to a sample of objects drawn from a larger 
collection of similar objects.
    (e) No collection (or a part thereof) shall be loaned to any person 
without a written agreement between the Repository Official and the 
borrower that specifies the terms and conditions of the loan. Appendix C 
to the regulations in this part contains an example of a short-term loan 
agreement for a federally-owned collection. At a minimum, a loan 
agreement shall specify:
    (1) The collection or object being loaned;
    (2) The purpose of the loan;
    (3) The length of the loan;
    (4) Any restrictions on scientific, educational or religious uses, 
including whether any object may be altered, damaged or destroyed;
    (5) Except as provided in paragraph (e)(4) of this section, that the 
borrower shall handle the collection or object being borrowed during the 
term of the loan in accordance with this part so as not to damage or 
reduce its scentific, educational, religious or cultural value; and
    (6) Any requirements for insuring the collection or object being 
borrowed for any loss, damage or destruction during transit and while in 
the borrower's possession.
    (f) The Federal Agency Official shall ensure that the Repository 
Official maintains administrative records that document approved 
scentific, educational and religious uses of the collection.
    (g) The Repository Official may charge persons who study, borrow or 
use a collection (or a part thereof) reasonable fees to cover costs for 
handling, packing, shipping and insuring material remains, for 
photocopying associated records, and for other related incidental costs.

[[Page 423]]



Sec. 79.11  Conduct of inspections and inventories.

    (a) The inspections and inventories specified in this section shall 
be conducted periodically in accordance with the Federal Property and 
Administrative Services Act (40 U.S.C. 484), its implementing regulation 
(41 CFR part 101), any agency-specific regulations on the management of 
Federal property, and any agency-specific statutes and regulations on 
the management of museum collections.
    (b) Consistent with paragraph (a) of this section, the Federal 
Agency Official shall ensure that the Repository Official:
    (1) Provides the Federal Agency Official and, when the collection is 
from Indian lands, the Indian landowner and the Tribal Offical of the 
Indian tribe that has jurisdiction over the lands with a copy of the 
catalog list of the contents of the collection received and accessioned 
by the repository;
    (2) Provides the Federal Agency Official will a list of any other 
U.S. Government-owned personal property received by the repository;
    (3) Periodically inspects the physical plant for the purpose of 
monitoring the physical security and environmental control measures;
    (4) Periodically inspects the collection for the purposes of 
assessing the condition of the material remains and associated records, 
and of monitoring those remains and records for possible deterioration 
and damage;
    (5) Periodically inventories the collection by accession, lot or 
catalog record for the purpose of verifying the location of the material 
remains and associated records;
    (6) Periodically inventories any other U.S. Government-owned 
personal property in the possession of the repository;
    (7) Has qualified museum professionals conduct the inspections and 
inventories;
    (8) Following each inspection and inventory, prepares and provides 
the Federal Agency Official with a written report of the results of the 
inspection and inventory, including the status of the collection, 
treatments completed and recommendations for additional treatments. When 
the collection is from Indian lands, the Indian landowner and the Tribal 
Official of the Indian tribe that has jurisdiction over the lands shall 
also be provided with a copy of the report;
    (9) Within five (5) days of the discovery of any loss or theft of, 
deterioriation and damage to, or destruction of the collection (or a 
part thereof) or any other U.S. Government-owned personal property, 
prepares and provides the Federal Agency Official with a written 
notification of the circumstances surrounding the loss, theft, 
deterioration, damage or destruction. When the collection is from Indian 
lands, the Indian landowner and the Tribal Official of the Indian tribe 
that has jurisdiction over the lands shall also be provided with a copy 
of the notification; and
    (10) Makes the repository, the collection and any other U.S. 
Government-owned personal property available for periodic inspection by 
the:
    (i) Federal Agency Official;
    (ii) When the collection is from Indian lands, the Indian landowner 
and the Tribal Official of the Indian tribe that has jurisdiction over 
the lands; and
    (iii) When the collection contains religious remains, the Indian 
tribal elders, religious leaders, and other officials representing the 
Indian tribe or other group for which the remains have religious or 
sacred importance.
    (c) Consistent with paragraph (a) of this section, the Federal 
Agency Official shall have qualified Federal agency professionals:
    (1) Investigate reports of a lost, stolen, deteriorated, damaged or 
destroyed collection (or a part thereof) or any other U.S. Government-
owned personal property; and
    (2) Periodically inspect the repository, the collection and any 
other U.S. Government-owned personal property for the purposes of:
    (i) Determining whether the repository is in compliance with the 
minimum standards set forth in Sec. 79.9 of this part; and
    (ii) Evaluating the performance of the repository in providing 
curatorial services under any contract, memorandum, agreement or other 
appropriate written instrument.

[[Page 424]]

    (d) The frequency and methods for conducting and documenting 
inspections and inventories stipulated in this section shall be mutually 
agreed upon, in writing, by the Federal Agency Official and the 
Repository Official, and be appropriate to the nature and content of the 
collection:
    (1) Collections from Indian lands shall be inspected and inventoried 
in accordance with such terms and conditions as may be requested by the 
Indian landowner and the Indian tribe having jurisdiction over the 
lands.
    (2) Religious remains in collections from public lands shall be 
inspected and inventoried in accordance with such terms and conditions 
as may have been developed pursuant to Sec. -.7 of uniform regulations 
43 CFR part 7, 36 CFR part 296, 18 CFR part 1312, and 32 CFR part 229.
    (3) Material remains and records of a fragile or perishable nature 
should be inspected for deterioration and damage on a more frequent 
basis than lithic or more stable remains or records.
    (4) Because frequent handling will accelerate the breakdown of 
fragile materials, material remains and records should be viewed but 
handled as little as possible during inspections and inventories.
    (5) Material remains and records of a valuable nature should be 
inventoried on a more frequent basis than other less valuable remains or 
records.
    (6) Persons such as those listed in Sec. 79.6(c) of this part who 
have expertise in the management and preservation of similar collections 
should be able to provide advice to the Federal Agency Official 
concerning the appropriate frequency and methods for conducting 
inspections and inventories of a particular collection.
    (e) Consistent with the Single Audit Act (31 U.S.C. 75), when two or 
more Federal agencies deposit collections in the same repository, the 
Federal Agency Officials should enter into an interagency agreement for 
the purposes of:
    (1) Requesting the Repository Official to coordinate the inspections 
and inventories, stipulated in paragraph (b) of this section, for each 
of the collections;
    (2) Designating one or more qualified Federal agency professionals 
to:
    (i) Conduct inspections, stipulated in paragraph (c)(2) of this 
section, on behalf of the other agencies; and
    (ii) Following each inspection, prepare and distribute to each 
Federal Agency Official a written report of findings, including an 
evaluation of performance and recommendations to correct any 
deficiencies and resolve any problems that were identified. When the 
collection is from Indian lands, the Indian landowner and the Tribal 
Official of the Indian tribe that has jurisdiction over the lands shall 
also be provided with a copy of the report; and
    (3) Ensuring consistency in the conduct of inspections and 
inventories conducted pursuant to this section.

[55 FR 37630, Sept. 12, 1990; 55 FR 41639, Oct. 10, 1990]

            Appendix A to Part 79--Example of a Deed of Gift

DEED OF GIFT
TO THE
(Name of the Federal agency)

Whereas, the (name of the Federal agency), hereinafter called the 
Recipient, is dedicated to the preservation and protection of artifacts, 
specimens and associated records that are generated in connection with 
its projects and programs;
Whereas, certain artifacts and specimens, listed in Attachment A to this 
Deed of Gift, were recoverd from the (name of the prehistoric or 
historic resource) site in connection with the Recipient's (name of the 
Recipient's project) project;
Whereas, the (name of the prehistoric or historic resource) site is 
located on lands to which title is held by (name of the donor), 
hereinafter called the Donor, and that the Donor holds free and clear 
title to the artifacts and specimens; and
Whereas, the Donor is desirous of donating the artifacts and specimens 
to the Recipient to ensure their continued preservation and protection;
Now therefore, the Donor does hereby unconditionally donate to the 
Recipient, for unrestricted use, the artifacts and specimens listed in 
Attachment A to this Deed of Gift; and

    The Recipient hereby gratefully acknowleges the receipt of the 
artifacts and specimens.

Signed: (signature of the Donor)

Date: (date)

Signed: (signature of the Federal Agency Official)


[[Page 425]]


Date: (date)

    Attachment A: Inventory of Artifacts and Specimens.

[55 FR 37630, Sept. 12, 1990; 55 FR 41639, Oct. 10, 1990]

  Appendix B to Part 79--Example of a Memorandum of Understanding for 
          Curatorial Services for a Federally-Owned Collection

MEMORANDUM OF UNDERSTANDING FOR CURATORIAL SERVICES BETWEEN THE
(Name of the Federal agency)
AND THE
(Name of the Repository)

    This Memorandum of Understanding is entered into this (day) day of 
(month and year), between the United States of America, acting by and 
through the (name of the Federal agency), hereinafter called the 
Depositor, and the (name of the Repository), hereinafter called the 
Repository, in the State of (name of the State).
    The Parties do witnesseth that,

Whereas, the Depositor has the responsibility under Federal law to 
preserve for future use certain collections of archeological artifacts, 
specimens and associated records, herein called the Collection, listed 
in Attachment A which is attached hereto and made a part hereof, and is 
desirous of obtaining curatorial services; and
Whereas, the Repository is desirous of obtaining, housing and 
maintaining the Collection, and recognizes the benefits which will 
accrue to it, the public and scientific interests by housing and 
maintaining the Collection for study and other educational purposes; and
Whereas, the Parties hereto recognize the Federal Government's continued 
ownership and control over the Collection and any other U.S. Government-
owned personal property, listed in Attachment B which is attached hereto 
and made a part hereof, provided to the Repository, and the Federal 
Government's responsibility to ensure that the Collection is suitably 
managed and preserved for the public good; and
Whereas, the Parties hereto recognize the mutual benefits to be derived 
by having the Collection suitably housed and maintained by the 
Repository;
Now therefore, the Parties do mutually agree as follows:

    1. The Repository shall:
    a. Provide for the professional care and management of the 
Collection from the (names of the prehistoric and historic resources) 
sites, assigned (list site numbers) site numbers. The collections were 
recovered in connection with the (name of the Federal or federally-
authorized project) project, located in (name of the nearest city or 
town), (name of the county) county, in the State of (name of the State).
    b. Perform all work necessary to protect the Collection in 
accordance with the regulation 36 CFR part 79 for the curation of 
federally-owned and administered archeological collections and the terms 
and conditions stipulated in Attachment C to this Memorandum.
    c. Assign as the Curator, the Collections Manager and the 
Conservator having responsibility for the work under this Memorandum, 
persons who are qualified museum professionals and whose expertise is 
appropriate to the nature and content of the Collection.
    d. Begin all work on or about (month, date and year) and continue 
for a period of (number of years) years or until sooner terminated or 
revoked in accordance with the terms set forth herein.
    e. Provide and maintain a repository facility having requisite 
equipment, space and adequate safeguards for the physical security and 
controlled environment for the Collection and any other U.S. Government-
owned personal property in the possession of the Repository.
    f. Not in any way adversely alter or deface any of the Collection 
except as may be absolutely necessary in the course of stabilization, 
conservation, scientific study, analysis and research. Any activity that 
will involve the intentional destruction of any of the Collection must 
be approved in advance and in writing by the Depositor.
    g. Annually inspect the facilities, the Collection and any other 
U.S. Government-owned personal property. Every (number of years) years 
inventory the Collection and any other U.S. Government-owned personal 
property. Perform only those conservation treatments as are absolutely 
necessary to ensure the physical stability and integrity of the 
Collection, and report the results of inventories, inspections and 
treatments to the Depositor.
    h. Within five (5) days of discovery, report all instances of and 
circumstances surrounding loss of, deterioration and damage to, or 
destruction of the Collection and any other U.S. Government-owned 
personal property to the Depositor, and those actions taken to stabilize 
the Collection and to correct any deficiencies in the physical plant or 
operating procedures that may have contributed to the loss, 
deterioration, damage or destruction. Any actions that will involve the 
repair and restoration of any of the Collection and any other U.S. 
Government-owned personal property must be approved in advance and in 
writing by the Depositor.
    i. Review and approve or deny requests for access to or short-term 
loan of the Collection (or a part thereof) for scientific, educational 
or religious uses in accordance with the regulation 36 CFR part 79 for 
the

[[Page 426]]

curation of federally-owned and administered archeological collections 
and the terms and conditions stipulated in Attachment C of this 
Memorandum. In addition, refer requests for consumptive uses of the 
Collection (or a part thereof) to the Depositor for approval or denial.
    j. Not mortgage, pledge, assign, repatriate, transfer, exchange, 
give, sublet, discard or part with possession of any of the Collection 
or any other U.S. Government-owned personal property in any manner to 
any third party either directly or in-directly without the prior written 
permission of the Depositor, and redirect any such request to the 
Depositor for response. In addition, not take any action whereby any of 
the Collection or any other U.S. Government-owned personal property 
shall or may be encumbered, seized, taken in execution, sold, attached, 
lost, stolen, destroyed or damaged.
    2. The Depositor shall:
    a. On or about (month, date and year), deliver or cause to be 
delivered to the Repository the Collection, as described in Attachment 
A, and any other U.S. Government-owned personal property, as described 
in Attachment B.
    b. Assign as the Depositor's Representative having full authority 
with regard to this Memorandum, a person who meets pertinent 
professional qualifications.
    c. Every (number of years) years, jointly with the Repository's 
designated representative, have the Depositor's Representative inspect 
and inventory the Collection and any other U.S. Government-owned 
personal property, and inspect the repository facility.
    d. Review and approve or deny requests for consumptively using the 
Collection (or a part thereof).
    3. Removal of all or any portion of the Collection from the premises 
of the Repository for scientific, educational or religious purposes may 
be allowed only in accordance with the regulation 36 CFR part 79 for the 
curation of federally-owned and administered archeological collections; 
the terms and conditions stipulated in Attachment C to this Memorandum; 
any conditions for handling, packaging and transporting the Collection; 
and other conditions that may be specified by the Repository to prevent 
breakage, deterioration and contamination.
    4. The Collection or portions thereof may be exhibited, photographed 
or otherwise reproduced and studied in accordance with the terms and 
conditions stipulated in Attachment C to this Memorandum. All exhibits, 
reproductions and studies shall credit the Depositor, and read as 
follows: ``Courtesy of the (name of the Federal agency).'' The 
Repository agrees to provide the Depositor with copies of any resulting 
publications.
    5. The Repository shall maintain complete and accurate records of 
the Collection and any other U.S. Government-owned personal property, 
including information on the study, use, loan and location of said 
Collection which has been removed from the premises of the Repository.
    6. Upon execution by both parties, this Memorandum of Understanding 
shall be effective on this (day) day of (month and year), and shall 
remain in effect for (number of years) years, at which time it will be 
reviewed, revised, as necessary, and reaffirmed or terminated. This 
Memorandum may be revised or extended by mutual consent of both parties, 
or by issuance of a written amendment signed and dated by both parties. 
Either party may terminate this Memorandum by providing 90 days written 
notice. Upon termination, the Repository shall return such Collection 
and any other U.S. Government-owned personal property to the destination 
directed by the Depositor and in such manner to preclude breakage, loss, 
deterioration and contamination during handling, packaging and shipping, 
and in accordance with other conditions specified in writing by the 
Depositor. If the Repository terminates, or is in default of, this 
Memorandum, the Repository shall fund the packaging and transportation 
costs. If the Depositor terminates this Memorandum, the Depositor shall 
fund the packaging and transportation costs.
    7. Title to the Collection being cared for and maintained under this 
Memorandum lies with the Federal Government.

In witness whereof, the Parties hereto have executed this Memorandum.

Signed: (signature of the Federal Agency Official)

Date: (date)

Signed: (signature of the Repository Official)

Date: (date)

    Attachment A: Inventory of the Collection
    Attachment B: Inventory of any other U.S. Government-owned Personal 
Property
    Attachment C: Terms and Conditions Required by the Depositor

  Appendix C to Part 79--Example of a Short-Term Loan Agreement for a 
                       Federally-Owned Collection

SHORT-TERM LOAN AGREEMENT
BETWEEN THE
(Name of the Repository)
AND THE
(Name of the Borrower)

    The (name of the Repository), hereinafter called the Repository, 
agrees to loan to (name of the Borrower), hereinafter called the 
Borrower, certain artifacts, specimens and associated records, listed in 
Attachment A, which were collected from the (name of the prehistoric or 
historic resource) site which is assigned (list site number) site

[[Page 427]]

number. The collection was recovered in connection with the (name of the 
Federal or federally authorized project) project, located in (name of 
the nearest city or town), (name of the county) county in the State of 
(name of the State). The Collection is the property of the U.S. 
Government.
    The artifacts, specimens and associated records are being loaned for 
the purpose of (cite the purpose of the loan), beginning on (month, day 
and year) and ending on (month, day and year).
    During the term of the loan, the Borrower agrees to handle, package 
and ship or transport the Collection in a manner that protects it from 
breakage, loss, deterioration and contamination, in conformance with the 
regulation 36 CFR part 79 for the curation of federally-owned and 
administered archeological collections and the terms and conditions 
stipulated in Attachment B to this loan agreement.
    The Borrower agrees to assume full responsibility for insuring the 
Collection or for providing funds for the repair or replacement of 
objects that are damaged or lost during transit and while in the 
Borrower's possession. Within five (5) days of discovery, the Borrower 
will notify the Repository of instances and circumstances surrounding 
any loss of, deterioration and damage to, or destruction of the 
Collection and will, at the direction of the Repository, take steps to 
conserve damaged materials.
    The Borrower agrees to acknowledge and credit the U.S. Government 
and the Repository in any exhibits or publications resulting from the 
loan. The credit line shall read as follows: ``Courtesy of the (names of 
the Federal agency and the Repository).'' The Borrower agrees to provide 
the Repository and the (name of the Federal agency) with copies of any 
resulting publications.
    Upon termination of this agreement, the Borrower agrees to properly 
package and ship or transport the Collection to the Repository.
    Either party may terminate this agreement, effective not less than 
(number of days) days after receipt by the other party of written 
notice, without further liability to either party.

Signed: (signature of the Repository Official)

Date: (date)

Signed: (signature of the Borrower)

Date: (date)

    Attachment A: Inventory of the Objects being Loaned.
    Attachment B: Terms and Conditions of the Loan.

                         PARTS 80-199 [RESERVED]


[[Page 429]]



                              FINDING AIDS




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

  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



[[Page 431]]



                    Table of CFR Titles and Chapters




                      (Revised as of July 1, 2002)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
        IV  Miscellaneous Agencies (Parts 400--500)

                          Title 2--[Reserved]

                        Title 3--The President

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

                           Title 4--Accounts

         I  General Accounting Office (Parts 1--99)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Part 2100)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
        XV  Office of Administration, Executive Office of the 
                President (Parts 2500--2599)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Part 3201)
     XXIII  Department of Energy (Part 3301)
      XXIV  Federal Energy Regulatory Commission (Part 3401)
       XXV  Department of the Interior (Part 3501)
      XXVI  Department of Defense (Part 3601)

[[Page 432]]

    XXVIII  Department of Justice (Part 3801)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Part 4301)
      XXXV  Office of Personnel Management (Part 4501)
        XL  Interstate Commerce Commission (Part 5001)
       XLI  Commodity Futures Trading Commission (Part 5101)
      XLII  Department of Labor (Part 5201)
     XLIII  National Science Foundation (Part 5301)
       XLV  Department of Health and Human Services (Part 5501)
      XLVI  Postal Rate Commission (Part 5601)
     XLVII  Federal Trade Commission (Part 5701)
    XLVIII  Nuclear Regulatory Commission (Part 5801)
         L  Department of Transportation (Part 6001)
       LII  Export-Import Bank of the United States (Part 6201)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Part 6401)
      LVII  General Services Administration (Part 6701)
     LVIII  Board of Governors of the Federal Reserve System (Part 
                6801)
       LIX  National Aeronautics and Space Administration (Part 
                6901)
        LX  United States Postal Service (Part 7001)
       LXI  National Labor Relations Board (Part 7101)
      LXII  Equal Employment Opportunity Commission (Part 7201)
     LXIII  Inter-American Foundation (Part 7301)
       LXV  Department of Housing and Urban Development (Part 
                7501)
      LXVI  National Archives and Records Administration (Part 
                7601)
      LXIX  Tennessee Valley Authority (Part 7901)
      LXXI  Consumer Product Safety Commission (Part 8101)
    LXXIII  Department of Agriculture (Part 8301)
     LXXIV  Federal Mine Safety and Health Review Commission (Part 
                8401)
     LXXVI  Federal Retirement Thrift Investment Board (Part 8601)
    LXXVII  Office of Management and Budget (Part 8701)

                          Title 6--[Reserved]

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition Service, Department of Agriculture 
                (Parts 210--299)

[[Page 433]]

       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (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 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Grain Inspection, Packers and Stockyards 
                Administration (Federal Grain Inspection Service), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; 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)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy, Department of Agriculture (Parts 
                2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  Cooperative State Research, Education, and Extension 
                Service, Department of Agriculture (Parts 3400--
                3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)

[[Page 434]]

     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

                    Title 8--Aliens and Nationality

         I  Immigration and Naturalization Service, Department of 
                Justice (Parts 1--599)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Department of 
                Agriculture (Parts 300--599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 1000-
                -1099)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Part 1800)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        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)

[[Page 435]]

       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700--1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (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 
                Administration, Department of Transportation 
                (Parts 400--499)
         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)

[[Page 436]]

        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 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  United States Customs Service, Department of the 
                Treasury (Parts 1--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)

[[Page 437]]

       III  Social Security Administration (Parts 400--499)
        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Employment Standards Administration, Department of 
                Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 800-
                -899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training, Department of Labor 
                (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  Broadcasting Board of Governors (Parts 500--599)
       VII  Overseas Private Investment Corporation (Parts 700--
                799)
        IX  Foreign Service Grievance Board (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)
       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)

[[Page 438]]

        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 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, 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 Development (Parts 400--499)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (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 Development (Section 8 Housing Assistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--1699)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

[[Page 439]]

                           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 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900)
        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of the Interior (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Part 1200)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--899)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Bureau of Alcohol, Tobacco and Firearms, Department of 
                the Treasury (Parts 1--299)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--199)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)
      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)
        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)

[[Page 440]]

        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)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Pension and Welfare Benefits Administration, 
                Department of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Minerals Management Service, Department of the 
                Interior (Parts 200--299)
       III  Board of Surface Mining and Reclamation Appeals, 
                Department of the Interior (Parts 300--399)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance
         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 200-
                -399)
        IV  Secret Service, Department of the Treasury (Parts 400-
                -499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of International Investment, Department of the 
                Treasury (Parts 800--899)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)

[[Page 441]]

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Corps of Engineers, Department of the Army (Parts 200-
                -399)
        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (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, Department of Education (Parts 300--399)
        IV  Office of Vocational and Adult Education, Department 
                of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599)
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799)
        XI  National Institute for Literacy (Parts 1100--1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

[[Page 442]]

                        Title 35--Panama Canal

         I  Panama Canal Regulations (Parts 1--299)

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 300-
                -399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
         X  Presidio Trust (Parts 1000--1099)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
        XV  Oklahoma City National Memorial Trust (Part 1501)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)
        II  Copyright Office, Library of Congress (Parts 200--299)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--499)
         V  Under Secretary for Technology, Department of Commerce 
                (Parts 500--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--99)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Rate Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--799)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)

[[Page 443]]

       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)

          Title 41--Public Contracts and Property Management

            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment 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)
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       102  Federal Management Regulation (Parts 102-1--102-299)
       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System
       201  Federal Information Resources Management Regulation 
                (Parts 201-1--201-99) [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300-99)
       301  Temporary Duty (TDY) Travel Allowances (Parts 301-1--
                301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-70)
       304  Payment from a Non-Federal Source for Travel Expenses 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--499)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1999)

[[Page 444]]

                   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 200--499)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10005)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Office of Human Development Services, Department of 
                Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)

[[Page 445]]

     XXIII  Arctic Research Commission (Part 2301)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Transportation (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 300-
                -399)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Department of Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  United States Agency for International Development 
                (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management Federal Employees 
                Health 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)

[[Page 446]]

        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        35  Panama Canal Commission (Parts 3500--3599)
        44  Federal Emergency Management Agency (Parts 4400--4499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199)
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399)
        54  Defense Logistics Agency, Department of Defense (Part 
                5452)
        57  African Development Foundation (Parts 5700--5799)
        61  General Services Administration Board of Contract 
                Appeals (Parts 6100--6199)
        63  Department of Transportation Board of Contract Appeals 
                (Parts 6300--6399)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Research and Special Programs Administration, 
                Department of Transportation (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Transportation (Parts 400--
                499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board, Department of 
                Transportation (Parts 1000--1399)

[[Page 447]]

        XI  Bureau of Transportation Statistics, Department of 
                Transportation (Parts 1400--1499)
       XII  Transportation Security Administration, Department of 
                Transportation (Parts 1500--1599)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric 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, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (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



[[Page 449]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of July 1, 2002)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
Advisory Council on Historic Preservation         36, VIII
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development, United      22, II
     States
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department                            5, LXXIII
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  Commodity Credit Corporation                    7, XIV
  Cooperative State Research, Education, and      7, XXXIV
       Extension Service
  Economic Research Service                       7, XXXVII
  Energy, Office of                               7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Food and Nutrition Service                      7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Grain Inspection, Packers and Stockyards        7, VIII; 9, II
       Administration
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Procurement and Property Management, Office of  7, XXXII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force Department                              32, VII
  Federal Acquisition Regulation Supplement       48, 53
Alcohol, Tobacco and Firearms, Bureau of          27, I
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII

[[Page 450]]

Armed Forces Retirement Home                      5, XI
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase From People Who Are
Broadcasting Board of Governors                   22, V
  Federal Acquisition Regulation                  48, 19
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Civil Rights, Commission on                       45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce Department                               44, IV
  Census Bureau                                   15, I
  Economic Affairs, Under Secretary               37, V
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 13
  Fishery Conservation and Management             50, VI
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II
  National Marine Fisheries Service               50, II, IV, VI
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Telecommunications and Information     15, XXIII; 47, III
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office, United States      37, I
  Productivity, Technology and Innovation,        37, IV
       Assistant Secretary for
  Secretary of Commerce, Office of                15, Subtitle A
  Technology, Under Secretary for                 37, V
  Technology Administration                       15, XI
  Technology Policy, Assistant Secretary for      37, IV
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Product Safety Commission                5, LXXI; 16, II
Cooperative State Research, Education, and        7, XXXIV
     Extension Service
Copyright Office                                  37, II
Corporation for National and Community Service    45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Court Services and Offender Supervision Agency    28, VIII
     for the District of Columbia
Customs Service, United States                    19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A; 
                                                  40, VII
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII

[[Page 451]]

  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 2
  National Imagery and Mapping Agency             32, I
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
District of Columbia, Court Services and          28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Under Secretary                 37, V
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
  Vocational and Adult Education, Office of       34, IV
Educational Research and Improvement, Office of   34, VII
Elementary and Secondary Education, Office of     34, II
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             5, XXIII; 10, II, III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Environmental Protection Agency                   5, LIV; 40, I, IV, VII
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Administration, Office of                       5, XV
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                5, III, LXXVII; 14, VI; 
                                                  48, 99
  National Drug Control Policy, Office of         21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export-Import Bank of the United States           5, LII; 12, IV
Family Assistance, Office of                      45, II

[[Page 452]]

Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
Federal Communications Commission                 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       11, I
Federal Emergency Management Agency               44, I
  Federal Acquisition Regulation                  48, 44
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Board                     12, IX
Federal Labor Relations Authority, and General    5, XIV; 22, XIV
     Counsel of the Federal Labor Relations 
     Authority
Federal Law Enforcement Training Center           31, VII
Federal Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Fishery Conservation and Management               50, VI
Food and Drug Administration                      21, I
Food and Nutrition Service                        7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Accounting Office                         4, I
General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Management Regulation                   41, 102
  Federal Property Management Regulation          41, 101
  Federal Travel Regulation System                41, Subtitle F

[[Page 453]]

  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          5, XLV; 45, Subtitle A
  Centers for Medicare & Medicaid Services        42, IV
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Housing and Urban Development, Department of      5, LXV; 24, Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Human Development Services, Office of             45, XIII
Immigration and Naturalization Service            8, I
Independent Counsel, Office of                    28, VII
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Industry and Security, Bureau of                  15, VII
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Interior Department
  American Indians, Office of the Special         25, VII
       Trustee
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V

[[Page 454]]

  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  Minerals Management Service                     30, II
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Reclamation, Bureau of                          43, I
  Secretary of the Interior, Office of            43, Subtitle A
  Surface Mining and Reclamation Appeals, Board   30, III
       of
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
International Fishing and Related Activities      50, III
International Investment, Office of               31, VIII
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice Department                                5, XXVIII; 28, I, XI; 40, 
                                                  IV
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration and Naturalization Service          8, I
  Offices of Independent Counsel                  28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department                                  5, XLII
  Benefits Review Board                           20, VII
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Employment Standards Administration             20, VI
  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Pension and Welfare Benefits Administration     29, XXV
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  Copyright Office                                37, II
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II

[[Page 455]]

Micronesian Status Negotiations, Office for       32, XXVII
Mine Safety and Health Administration             30, I
Minerals Management Service                       30, II
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National Environmental Policy Foundation
National Aeronautics and Space Administration     5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National and Community Service, Corporation for   45, XII, XXV
National Archives and Records Administration      5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Bureau of Standards                      15, II
National Capital Planning Commission              1, IV
National Commission for Employment Policy         1, IV
National Commission on Libraries and Information  45, XVII
     Science
National Council on Disability                    34, XII
National Counterintelligence Center               32, XVIII
National Credit Union Administration              12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           21, III
National Foundation on the Arts and the           45, XI
     Humanities
National Highway Traffic Safety Administration    23, II, III; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Standards and Technology    15, II
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV, VI
National Mediation Board                          29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
     and Technology Policy
National Telecommunications and Information       15, XXIII; 47, III
     Administration
National Transportation Safety Board              49, VIII
National Weather Service                          15, IX
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
     Commission
Nuclear Regulatory Commission                     5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Offices of Independent Counsel                    28, VI
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Panama Canal Commission                           48, 35
Panama Canal Regulations                          35, I
Patent and Trademark Office, United States        37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
   Certain Employees
[[Page 456]]

Peace Corps                                       22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension and Welfare Benefits Administration       29, XXV
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Postal Rate Commission                            5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Procurement and Property Management, Office of    7, XXXII
Productivity, Technology and Innovation,          37, IV
     Assistant Secretary
Public Contracts, Department of Labor             41, 50
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Regional Action Planning Commissions              13, V
Relocation Allowances                             41, 302
Research and Special Programs Administration      49, I
Rural Business-Cooperative Service                7, XVIII, XLII
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII
Saint Lawrence Seaway Development Corporation     33, IV
Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
     National Security Council
Secret Service                                    31, IV
Securities and Exchange Commission                17, II
Selective Service System                          32, XVI
Small Business Administration                     13, I
Smithsonian Institution                           36, V
Social Security Administration                    20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State Department                                  22, I; 28, XI
  Federal Acquisition Regulation                  48, 6
Surface Mining and Reclamation Appeals, Board of  30, III
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Technology Administration                         15, XI
Technology Policy, Assistant Secretary for        37, IV
Technology, Under Secretary for                   37, V
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     5, L
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Commercial Space Transportation                 14, III
  Contract Appeals, Board of                      48, 63
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II

[[Page 457]]

  Federal Motor Carrier Safety Administration     49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 49, V
  Research and Special Programs Administration    49, I
  Saint Lawrence Seaway Development Corporation   33, IV
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Surface Transportation Board                    49, X
  Transportation Security Administration          49, XII
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury Department                               5, XXI; 12, XV; 17, IV; 
                                                  31, IX
  Alcohol, Tobacco and Firearms, Bureau of        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs Service, United States                  19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Law Enforcement Training Center         31, VII
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  International Investment, Office of             31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
  Thrift Supervision, Office of                   12, V
Truman, Harry S. Scholarship Foundation           45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training Service,        41, 61; 20, IX
     Office of the 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

[[Page 459]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations which were 
made by documents published in the Federal Register since January 1, 
1986, 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, 1986, see the ``List of CFR Sections 
Affected, 1949-1963, 1964-1972, and 1973-1985'' published in seven 
separate volumes.

                                  1986

36 CFR
                                                                   51 FR
                                                                    Page
Chapter I
1  Authority citation revised................................8978, 37010
1.2  Revised.......................................................37010
1.3  (a) and (b) revised............................................8978
1.4  (a) amended...................................................37011
1.5  (f) revised...................................................29470
1.6  (e), (g), and (h) revised.....................................29470
2  Authority citation revised......................................33264
2.2  (b)(3) revised................................................33264
3  Authority citation revised......................................29470
3.3  Revised.......................................................29470
7  Authority citation revised......................................37011
7.9  (a) removed; (b) and (c) redesignated as (a) and (b)...........8493
7.10  (a) revised; (b), (c), and (d) removed; (e) redesignated as 
        (b).........................................................4736
7.44  Removed......................................................33040
7.71  (d)(1)(iii) revised; (d)(3) removed..........................40419
7.75  (b) revised..................................................35647
7.96  Added........................................................37011
8  Authority citation revised......................................24656
8.4  Removed; new 8.4 redesignated from 8.5 and revised............24656
8.5  Redesignated as 8.4 and revised; new 8.5 redesignated from 
        8.6........................................................24656
8.6  Redesignated as 8.5; new 8.6 redesignated from 8.7............24656
8.7  Redesignated as 8.6; new 8.7 redesignated from 8.8............24656
8.8  Redesignated as 8.7; new 8.8 redesignated from 8.9............24656
8.9  Redesignated as 8.8; new 8.9 redesignated from 8.10...........24656
8.10  Redesignated as 8.9..........................................24656
12  Revised.........................................................8979
13.10--13.16  Removed..............................................31629
13.17  Revised.....................................................33484
13.21  (c) and (d) redesignated as (d) and (e); (b) revised; new 
        (c) added..................................................33487
34  Added..........................................................29103
50  Authority citation revised......................................7566
    Removed........................................................37019
50.19  (e)(11) through (14) redesignated as (e)(12) through (15); 
        new (e)(11) added...........................................7566
59  Added..........................................................34184
72.70--72.75 (Subpart E)  Added....................................34186

                                  1987

36 CFR
                                                                   52 FR
                                                                    Page
Chapter I
1.2  (e) added.....................................................10683
    (b) revised....................................................35239
1.4  (a) amended...................................................10683
1.8  Revised.......................................................10683
2  Authority citation revised......................................10683
2.2  (g) revised...................................................35240
2.3  (g) revised...................................................35240
2.4  (g) revised...................................................35240
2.13  (d) revised..................................................35240
2.18  (a) and (d)(4) revised; (d) introductory text republished....10683
2.22  (d) revised..................................................35240
2.30  (b) revised..................................................35240
2.31  (b) revised..................................................35240

[[Page 460]]

2.32  (b) revised..................................................35240
2.33  (a) revised..................................................10683
2.34  (b) revised..................................................35240
2.35  (a)(2) (iii) and (iv) removed; (a)(3) revised................10683
2.36  (b) revised..................................................35240
4  Revised.........................................................10683
5  Authority citation revised......................................35240
5.8  (c) revised...................................................35240
5.9  (c) revised...................................................35240
7  Section authority citations removed.............................10685
7.3  (g) removed; (h) redesignated as (g)..........................10685
7.4  (a) through (f) removed; (g) through (i) redesignated as (a) 
        through (c)................................................10685
7.7  (h)(3) amended................................................10685
    (d) and (e) removed; (f) through (h) redesignated as (d) 
through (f); (b) and new (f)(4) amended; eff. 7-20-87..............23304
7.12  (b)(1)(i) and (2)(v)(B) amended..............................10686
7.13  (a) and (b)(1) removed; (b) (2), (3) introductory text, (i) 
        and (ii) redesignated as (a), (b) introductory text, (1) 
        and (2)....................................................10686
    (e) revised....................................................19346
7.15  (e) and (f) removed..........................................10686
    (a) revised....................................................19345
7.16  (d), (f), and (g) removed....................................10686
7.20  (a)(1) (ix), (x) introductory text and (B), (2) (i) and 
        (ii), (5) (ii), (iii) and (v), (8) and (10)(ii) 
        introductory text revised; (a)(1)(x) (C) and (D) and 
        (2)(iii) removed; (a)(2) (iv) and (v) and (10) (iii) 
        through (ix) redesignated as (a)(2) (iii) and (iv) and 
        (10) (iv) through (x); new (a)(10)(vi) revised; 
        (a)(1)(xii), (5)(vi), and (10)(iii) added...................7376
    (c) added.......................................................7377
    (a)(7)(iv) amended.............................................10686
7.23  Added; interim eff. to 4-4-89................................31765
7.29  (a) amended..................................................10686
7.34  (k) removed; (l) redesignated as (k).........................10686
    (f) and (g) removed; (k) redesignated as (d)...................20388
    Technical correction...........................................22031
7.35  Revised......................................................19343
7.41  (d) removed..................................................10686
7.43  (c)(5) (iii) and (iv) removed; (c)(5)(v) redesignated as 
        (c)(5)(iii)................................................10686
7.57  (a)(1) designation and (2) removed; (b) revised..............10686
7.58  (b) removed; (c) redesignated as (b).........................10686
7.65  (b)(2)(ii)(C) amended........................................10686
7.71  (g) added....................................................34777
7.75  (a)(1)(iii) and (2)(v) removed; (a)(1) (iv), (v) and (vi) 
        redesignated as (a)(1) (iii), (iv) and (v); (a)(1)(ii) 
        amended....................................................10686
7.92  (c) added....................................................34777
34.5  (a)(1) and (d) revised.......................................10686
59.3  (b)(3)(i) revised............................................22747
62.2  Amended.......................................................5458
62.5  Revised.......................................................5458

                                  1988

36 CFR
                                                                   53 FR
                                                                    Page
Chapter I
5  Authority citation revised........................................740
5.8  (a) and (b) revised.............................................740
5.9  (a) and (b) revised.............................................740
7.24  Added.........................................................3748
7.48  (f) added....................................................29681
9.1  Revised.......................................................25162
9.3  (d) added.....................................................25162

                                  1989

36 CFR
                                                                   54 FR
                                                                    Page
Chapter I
4.15  Added........................................................51199
7  Authority citation revised......................................23649
7.7  (a) revised....................................................4020
    (e) removed; (f) redesignated as (e); (b) revised..............43061
7.62  (c) added....................................................48869
7.69  (c) added....................................................48869
7.91  (d) added....................................................23649
13.66  Revised.....................................................18493

                                  1990

36 CFR
                                                                   55 FR
                                                                    Page
Chapter I
67  Revised.........................................................6771
79  Added..........................................................37630
    Authority citation corrected...................................41639
79.1  (a) corrected................................................41639
79.2  (a) and (b) corrected........................................41639

[[Page 461]]

79.3  Corrected....................................................41639
79.4  (j) corrected................................................41639
79.6  (a)(4) corrected.............................................41639
79.7  (a)(4) corrected.............................................41639
79.9  (b)(1)(ix) and (2) corrected.................................41639
79.11  (b)(9) corrected............................................41639
79  Appendix A corrected...........................................41639

                                  1991

36 CFR
                                                                   56 FR
                                                                    Page
Chapter I
7.8  (b) revised...................................................41943
7.33  (b) added.....................................................3421
7.83  (a) revised..................................................30696
    Effective date delayed to 10-1-93..............................37158
9.80--9.89 (Subpart D)  Added......................................22652
28  Revised........................................................42790

                                  1992

36 CFR
                                                                   57 FR
                                                                    Page
Chapter I
7.96  (j) and (k) redesignated as (k) and (l); new (j) added........4576
    (l) redesignated as (m); new (l) added.........................29797
7.97  (c) added....................................................58716
51  Revised........................................................40503
    Corrected......................................................42808
51.4  (a) corrected................................................46509

                                  1993

36 CFR
                                                                   58 FR
                                                                    Page
Chapter I
7  Technical correction............................................28506
51.9  (b) amended..................................................36598

                                  1994

36 CFR
                                                                   59 FR
                                                                    Page
Chapter I
6  Added...........................................................65957
7.13  (a) and (f) heading revised; (c) removed.....................43736
7.45  Revised......................................................58785
13  Authority cite revised.........................................14566
13.65  (a) added, interim, eff. to 1-1-96..........................14566

                                  1995

36 CFR
                                                                   60 FR
                                                                    Page
Chapter I
Chapter  I Nomenclature change.....................................55790
1.4  (a) amended...................................................55790
5.4  (a) amended...................................................35841
7.3  (b) and (c) removed; (d) through (g) redesignated as (b) 
        through (e); (a) and new (d) revised; new (e) heading and 
        new (f) added..............................................35841
    (b)(6) amended.................................................55791
7.16  (h)(5) and (j)(4) amended....................................55791
7.22  (f) and (g) removed; (h) and (i) redesignated as (f) and (g)
                                                                   13630
    (c)(10) amended................................................55791
7.32  (c) added....................................................47703
7.33  (c) added; interim...........................................39258
7.45  (b) corrected.................................................6022
7.63  (b)(10) amended..............................................55791
7.96  (k)(2) introductory text revised; (k)(3) removed; (k)(4) 
        redesignated as (k)(3).....................................17649
    (k)(2) introductory text corrected.............................33351
    Heading, (a), (g)(1)(iii), (viii), (ix), (3) introductory 
text, (5)(vi)(A), (D) and (xiv) amended............................55791
7.100  (c) added; interim; eff. to 12-31-95........................36225
9.2  (l) amended...................................................55791
9.31  (j) amended..................................................55791
9.82  (d) amended..................................................55791
13.21  (a) removed; (d) and (e) revised............................18534
13.63  (f) revised; interim; eff. to 3-31-97.......................16580
14.2  (c) removed; (d) through (i) redesignated as (c) through (h)
                                                                   55791
20.1  (c) amended..................................................55791
64.7  (c) amended..................................................55791
68  Revised........................................................35843

                                  1996

36 CFR
                                                                   61 FR
                                                                    Page
Chapter I
1.2  (a), (b) and (d) revised......................................35136
1.3  Revised........................................................2918
1.4  (a) amended...................................................35136
1.10  (b) amended..................................................46556
6  Nomenclature change.............................................28505
7.11  Removed......................................................46380
7.49  Removed......................................................14618

[[Page 462]]

7.98  Removed; eff. 7-8-96.........................................28753
7.100  (c) added; eff. 7-5-96......................................28506
13  Authority citation revised.....................................27016
13.2  (c) and (e) revised..........................................35137
    (e) redesignated as (f); new (e) added.........................54339
13.63  (f) revised..................................................6944
13.65  (b) heading and (1) through (4) revised.....................27016
13.80--13.87 (Subpart D)  Added....................................54339
13.82  OMB number pending..........................................54340
13.83  OMB number pending..........................................54340
13.84  OMB number pending..........................................54341
13.85  OMB number pending..........................................54341
15  Removed........................................................46556
17.5  Amended; eff. 7-5-96.........................................28508
17.6  Amended; eff. 7-5-96.........................................28508
31  Removed........................................................40996

                                  1997

36 CFR
                                                                   62 FR
                                                                    Page
Chapter I
Chapter  I Nomenclature change.....................................30234
1.4  (a) amended...................................................30234
4.15  Revised......................................................61633
7.9  (c) through (f) added; eff. 7-23-97...........................33751
7.23  Added.........................................................2580
7.96  Heading, (a), (g)(1)(iii), (viii), (ix), (3) introductory 
        text, (5)(vi)(A), (D) and (xiv) amended....................30234
    (g)(3)(ii)(B) and diagram removed; (g)(3)(ii)(C), (D) and (E) 
redesignated as (g)(3)(ii)(B), (C) and (D); (k)(2)(iv), (v) and 
(vi) revised.......................................................32202
8.1  (a), (b) and (c) removed; (d) through (h) redesignated as (a) 
        through (e)................................................30234
9.2  (l) removed; (m), (n) and (o) redesignated as (l), (m) and 
        (n)........................................................30234
9.31  (j) removed; (k) through (p) redesignated as (j) through (o)
                                                                   30234
9.82  (d) removed; (e) redesignated as (d).........................30234
11.1  (b) removed; (c) and (d) redesignated as (b) and (c).........30234
13.1  (r) removed; (s) through (w) redesignated as (r) through (v)
                                                                   30234
17.2  (a) removed; (b) through (i) redesignated as (a) through (h)
                                                                   30234
18.2  (c) removed; (d) through (n) redesignated as (c) through (m)
                                                                   30235
20.1  (a), (b) and (c) removed; (d) and (e) redesignated as (a) 
        and (b)....................................................30235
21.1  (a) removed; (b) through (e) redesignated as (a) through (d)
                                                                   30235
28.2  (m) removed; (n) and (o) redesignated as (m) and (n).........30235
51.3  (d) removed..................................................30235
65.3  (d) and (o) removed; (e) through (r) redesignated (d) 
        through (p)................................................30235
67.2  Amended......................................................30235
73.3  Amended......................................................30235
78.2  Amended......................................................30235

                                  1998

36 CFR
                                                                   63 FR
                                                                    Page
Chapter I
7.15  (a) removed; (b), (c) and (d) redesignated as (a), (b) and 
        (c)........................................................13343
7.67  (a) revised...................................................9147

                                  1999

36 CFR
                                                                   64 FR
                                                                    Page
Chapter I
7.87  Added........................................................19483
7.96  (g)(3)(ii)(A) amended; eff. 12-20-99 through 1-8-00..........71026
13  Authority citation revised.....................................56463
13.65  (a) added; (b)(5) and (6) removed...........................56463
61  Revised........................................................11742
62  Revised........................................................25717

                                  2000

36 CFR
                                                                   65 FR
                                                                    Page
Chapter I
1.4  Heading revised; (a) amended..................................15089
3.24  Added........................................................15089
5.2  (b) introductory text amended; eff. 7-19-00...................37878
5.4  (a) introductory text amended; eff. 7-19-00...................37878

[[Page 463]]

5.10  (a) amended; eff. 7-19-00....................................37878
13.1  (j) through (v) redesignated as (k) through (w); new (j) 
        added......................................................15090
13.2  (c) amended; eff. 7-19-00....................................37878
13.63  (d), (g) and (h) added; eff. 7-19-00........................37878
51  Revised........................................................20668
51.40  (c) removed; (d) and (e) redesignated as (c) and (d)........54155
51.46  Amended.....................................................54155

                                  2001

36 CFR
                                                                   66 FR
                                                                    Page
Chapter I
7.13  (l) heading, (1) and (2) introductory text revised; (l)(2) 
        heading and (3) through (14) added..........................7265
    Regulation at 66 FR 7265 eff. date delayed......................8366
7.21  (a) heading removed; (a)(1), (2) introductory text and (3) 
        revised; (a)(2) heading and (4) through (12) added..........7266
    Regulation at 66 FR 7266 eff. date delayed......................8366
7.22  (g) revised...................................................7267
    Regulation at 66 FR 7267 eff. date delayed......................8366
18  Revised........................................................66759
51.56  Revised.....................................................35083
51.57  Revised.....................................................35083
51.62  Revised.....................................................35083
73.7  Revised; interim.............................................57880
73.9  Revised; interim.............................................57881

                                  2002

   (Regulations published from January 1, 2002, through July 1, 2002)

36 CFR
                                                                   67 FR
                                                                    Page
Chapter I
7.100  Revised......................................................8481
13.73  (a)(1) amended; (a)(2) redesignated as (3); (a)(1) heading 
        and (3) heading revised; (a)(2) added.......................8483


                      []