[Federal Register Volume 59, Number 143 (Wednesday, July 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18175]


[[Page Unknown]]

[Federal Register: July 27, 1994]


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Part VI





Department of the Interior





_______________________________________________________________________



Fish and Wildlife Service



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50 CFR Part 36




Regulations for the Management of Cabins on National Wildlife Refuges 
in Alaska; Final Rule
DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 36

RIN 1018-AB46

 
Regulations for the Management of Cabins on National Wildlife 
Refuges in Alaska

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: This rule clarifies, updates and modifies existing regulations 
on the management of cabins on national wildlife refuges (refuges) in 
Alaska. These regulations are necessary in order to comply with the 
National Wildlife Refuge System Administration Act of 1966 and the 
Alaska National Interest Lands Conservation Act of 1980 (ANILCA) 
concerning the administration of cabins on Alaska refuges. These 
regulations are being revised to ensure proper and uniform management 
of all cabins on national wildlife refuges in Alaska. In addition, a 
technical amendment is made to eliminate reference to sections 
regarding general provisions which have been removed earlier.

EFFECTIVE DATE: This rule is effective August 26, 1994.

ADDRESSES: U.S. Fish and Wildlife Service, 1011 East Tudor Road, 
Attention: Daryl Lons, Anchorage, Alaska 99503.

FOR FURTHER INFORMATION CONTACT: Daryl Lons at the address above; 
Telephone: (907) 786-3354.

SUPPLEMENTARY INFORMATION:

Background

    Sections 1303 and 1315 of ANILCA (16 U.S.C. 3193 and 3203) allow 
the Secretary of the Interior to permit cabins on refuges in Alaska 
under certain conditions. Section 304 of ANILCA reemphasizes the 
authority of the Secretary to prescribe such regulations as necessary 
to ensure the compatibility of uses with refuge purposes.
    The original cabin policy for the U.S. Fish and Wildlife Service 
(Service) was developed in 1981 and revised in 1984. This policy was 
the basis for regulations printed in the Code of Federal Regulations 
Title 50. In September 1987, the Service, believing revisions of the 
existing cabin policy and regulations were needed, published a Draft 
Cabin Management Policy for Cabins on National Wildlife Refuges in 
Alaska. The purpose of the cabin policy is to provide uniform guidance 
to both the public and refuge managers on human use and occupancy of 
cabins located on refuges in Alaska. The policy further serves to 
define under what conditions use and occupancy of a cabin may be 
compatible with the purposes for which the refuge was established.
    Comments and suggestions on the draft policy were solicited during 
a 60-day public review period. The Service made extensive revisions in 
response to the comments. Because of the number and nature of revisions 
made, the Service published a revised draft of the policy in December 
1988 to give the public another opportunity to comment before the 
policy was made final.
    The revised draft was completely reorganized. It better described 
the objectives of the policy and set forth the guidelines needed to 
comply with ANILCA and the National Wildlife Refuge System 
Administration Act of 1966. The comment period for the revised draft 
was also 60 days. The final cabin policy was issued in August, 1989.
    The next step in the process was to publish proposed rules to 
afford the public an opportunity to participate in the rulemaking 
process and solicit public comment. A proposed rule was published in 
the Federal Register on April 25, 1991 (56 FR 19074). The proposed rule 
had a 60 day public comment period and public hearings were held in 
Anchorage and Fairbanks, Alaska.
    Both the proposed and the final rules contain significantly more 
guidance relating to cabin management than existing regulations. 
However, only minor changes are made in permit application procedures. 
The existing requirement that individuals apply for nontransferable 
renewable five year special use permits is retained. However, this 
final rule requires two additional items (date of construction or 
acquisition of the cabin and the dimensions of the cabin and related 
structures) to be submitted in the application. In addition to the 
increased application requirements, the rule has additional 
requirements of permittees such as getting permission from the refuge 
manager before major modification or rehabilitation is conducted on 
existing cabins.

Summary of Public Comments

    Four persons presented oral comments at the public hearings and the 
Service received an additional eight letters providing written comments 
from the public. A number of changes were made in the final rule from 
the proposed rule after consideration of all public comments received.
    Some comments requested changes that were not made, however, and 
the Service first addresses these comments as noted below.

(a) Exemptions for Certain Types of Facilities

    Comment: The regulations should exempt facilities such as 
headquarters sites, visitor centers, and state facilities used to 
support fish and wildlife related management.
    Response: It is the Service's position that cabins used by the 
State for support of fish and wildlife related management are 
administrative cabins and should not be exempted from the regulations. 
Visitor centers and headquarters sites do not need to be exempted since 
they are not within the scope of the cabin regulations.

(b) Access

    Comment: The final cabin regulations should address rights of 
access.
    Response: The Service does not believe it is necessary to repeat 
such language in the cabin regulations since the intent of ANILCA 
Section 1110(a) regarding access is already articulated in 50 CFR 36.12 
and 43 CFR Part 36.

(c) Definition of Family and Immediate Family

    Comment: The definition of ``family'' should be broadened and the 
definition of ``immediate family'' should be deleted.
    Response: The definitions, as proposed, fully meet the intent of 
ANILCA Section 1303(c)(1) regarding permit renewal for the life of 
claimants and immediate family. The definition of ``immediate family'' 
was broadened by deleting ``legal'' from the term ``legal spouse.''

(d) Public Use of Seasonally Permitted Cabins

    Comment: The definition of ``public use cabin'' should be revised 
to allow seasonally permitted cabins to also be used as public use 
cabins during the other parts of the year.
    Response: The Service does not have the authority to allow use of 
``existing'' cabins which are privately owned. Although ``new'' cabins 
are government property, the permittees usually have a considerable 
amount of private property in and around the cabin. The Service does 
not believe it is reasonable to make the permittees' private belongings 
accessible to the public or require the permittees to seasonally remove 
all of their property.

(e) Permits for New Cabins Generally Only for Subsistence Purposes

    Comment: The language ``In general, new cabin permits will be given 
only to local residents to pursue a legitimate subsistence 
activity[.]'' should be deleted.
    Response: This statement meets the intent of ANILCA and the Service 
believes it is appropriate to include in the regulations.

(f) Construction and Use of Cabins in Wilderness Areas

    Comment: The language which only allows new cabins to be 
constructed in wilderness areas that are built specifically for the 
administration of the area, for public safety, or for trapping where 
trapping has been a traditional and customary use should be deleted.
    Response: The language as proposed meets the intent of the 
Wilderness Act, as well as ANILCA, and is appropriate to include in the 
regulations.

(g) Guests in Cabins

    Comment: There was some objection to the requirement that guests 
occupying a cabin during the absence of the permittee are required to 
obtain a letter of authorization from the permittee.
    Response: Unauthorized use and vandalism of permitted cabins has 
been a problem in the past. The Service believes this is a reasonable 
requirement to reduce the problem.

(h) Recreational Use

    Comment: One commenter recommended revising the language ``No 
special use permit will be issued for the construction of a cabin for 
private recreational use or for the private recreational use of an 
existing cabin'' in order to comply with a recent court case.
    Response: The language as proposed does comply with the decision of 
the court. The case simply made it clear that permittees and their 
guests have the right to recreate while occupying cabins for which 
permits were issued for purposes other than recreation.

(i) Nontransferable Permits

    Comment: It was recommended that permits for existing cabins be 
transferable to another person at the election or death of the original 
permittee.
    Response: Nontransferability is a condition of all Service special 
use permits, regardless of the use being authorized. The requirement is 
consistent with ANILCA and is appropriate to be included in the 
regulations.

(j) Compatibility Criteria

    Comment: The criteria for determining cabin compatibility should be 
included in the regulations.
    Response: Compatibility determinations are site specific and relate 
directly to the specific purposes for which each refuge was 
established. The 16 refuges established/redesignated by ANILCA have 
different purposes.

(k) Relationship of Proposed Regulations With Policy

    Comment: The intent, clarifications, and directions in the 
Service's cabin policy should be included in the regulations or be 
adopted by reference.
    Response: The Service's cabin policy was widely distributed to the 
public and is available by request to all interested parties. Some of 
the information in the policy is of a subjective nature which is not 
appropriate for regulations. All elements of the Service's cabin policy 
that were determined to be appropriate as regulatory language were 
included in the regulations.

(l) Environmental Protection Requirements

    Comment: Language should be included that recognizes there are 
other Federal and State regulations governing environmental compliance 
with activities associated with cabins (e.g., disposal of sewage and 
solid waste, drinking water, fuel storage, etc.).
    Response: Standard conditions of all special use permits issued by 
the Service require the permittees to follow other applicable State and 
Federal regulations. Therefore, the inclusion of regulatory language 
referencing other applicable regulations is not necessary.

(m) Late Application for Existing Cabins

    Comment: The requirement that claimants who fail to meet 
application deadlines for ``existing'' cabins (within one year from the 
date these regulations are published) will only be allowed to apply for 
``new'' cabins, no matter when the cabin was built or first used should 
be deleted.
    Response: The regulations provide a one year application period 
following the effective date of the regulations. The Service believes 
that the deadline is reasonable since regulations requiring the permits 
have been in place since 1981 and considerable time and effort has been 
expended in notifying cabin occupants.

(n) Other Related Structures

    Comment: The definition of ``other related structures'' should be 
revised to clarify that the term only includes those structures in the 
vicinity and directly related to the operation of a cabin. The 
commenter also requested clarification that temporary facilities may 
also occur under other regulations unrelated to the cabin regulations.
    Response: The Service believes that the context of the definition 
makes it clear that the other related structures only include those 
associated with cabins. A statement that temporary facilities may be 
authorized under other regulations is irrelevant to the cabin 
regulations.
    We appreciate these comments; however, as noted, the Service did 
not make substantive changes to reflect such requests for revisions for 
the reasons stated above.
    The following is a section by section analysis of all substantive 
changes that the Service made in the final rule.

Analysis of Changes Made to the Proposed Rule

Section 36.33(a)  Definitions

    A definition for commercial cabin was included in this section for 
clarification purposes. The definition of immediate family was revised 
in response to two public comments. The definition of guest was revised 
in response to one public comment. A definition for the term private 
recreational use was included in this section in response to one public 
comment. The definition of trespass cabin was deleted, in response to 
one comment which pointed out that the term was not used in the 
regulations other than as a definition.

Section 36.33(b)  All cabins.

    A clarification was made that the regulations only apply on public 
lands within refuges and do not apply to temporary facilities in 
response to one comment. Descriptions of the terms ``adequate notice'' 
for unclaimed cabins and ``administrative process'' for permit 
revocation were included in response to one comment.

Section 36.33(c)  Existing cabins.

    A provision was included in paragraph (1) regarding the privileges 
and rights of existing cabin users in response to one comment. The 
period for applications for permits for existing cabins which are not 
currently under a valid permit was revised from 90 days to one year 
following the effective date of these regulations. This was done in 
response to two comments. Vandalism was included in paragraph (5) as a 
cause to reconstruct existing cabins in response to one comment.

Section 36.33(d)  New cabins.

    The sentence, ``The activity must be traditional and customary for 
the applicant and the area, and the need for a cabin must be clearly 
proven.'' was deleted from the language of paragraph 1 in response to 
two public comments.

Section 36.33(e)  Commercial cabins.

    Clients were added to the list of persons that can occupy 
commercial cabins in response to one comment.

Conformance With Statutory and Regulatory Authorities

    The impact of these regulations on subsistence uses has been 
evaluated as required by Section 810 of ANILCA. Subsistence use and 
access are expected to differ little from existing use. The regulations 
are consistent with the purposes and intent of Section 810 and will 
result in no significant restrictions on subsistence activities.
    Properly regulated and managed cabin use is consistent with the 
purposes for which the various refuges in Alaska were established.

National Environmental Policy Act Compliance

    The promulgation of these cabin management regulations would 
generally maintain the status quo existing under the current rules. 
Additionally, changes in environmental effects would be negligible. 
Therefore the implementation of regulations relative to cabin 
management on refuges in Alaska is determined to be a categorical 
exclusion as detailed in the Department of Interior Manual (516 DM 6, 
Appendix 1). An Environmental Action Memorandum documenting this 
decision was signed on June 7, 1990.

Paperwork Reduction Act

    The collections of information contained in Section 36.33 have been 
approved by the Office of Management and Budget for approval as 
required by 44 U.S.C. 3501 et seq. and assigned clearance number 1018-
0077.

Economic Effects

    This rulemaking was not subject to Office of Management and Budget 
review under Executive Order 12866. A review under the Regulatory 
Flexibility Act of 1980 (5 U.S.C. 601 et seq.) has been done to 
determine whether the rulemaking would have a significant effect on a 
substantial number of small entities, which include businesses, 
organizations or governmental jurisdictions. This rulemaking would have 
no significant effect on such entities as, in most cases, this merely 
continues pre-existing uses of public lands.

Technical Amendment

    Section 36.3 Information Collection refers to Sec. 36.21(f) with 
respect to receiving a benefit. This section has previously been 
removed; therefore, this rulemaking will revise Section 36.3 to remove 
all reference to that section.

Primary Author

    Daryle Lons, Refuges and Wildlife, Alaska Regional Office, U.S. 
Fish and Wildlife Service, Anchorage, Alaska, is the primary author of 
this rulemaking document.

List of Subjects in 50 CFR Part 36

    Alaska, Recreation and recreation areas, Reporting and 
recordkeeping requirements, Wildlife refuges.

    For the reasons set out in the preamble, Part 36 of Title 50 of the 
Code of Federal Regulations (CFR) is amended as follows:

PART 36--[AMENDED]

    1. The authority citation for Part 36 continues to read as follows:

    Authority: 16 U.S.C 460(k) et seq., 668dd et seq., 742(a) et 
seq., 3101 et seq., and 44 U.S.C. 3501 et seq.

    2. Section 36.3 is revised to read as follows:


Sec. 36.3   Information collection.

    The information collection requirements contained in this part have 
been approved by the Office of Management and Budget under 44 U.S.C. et 
seq. and assigned clearance number 1018-0077. The information is being 
collected to assist the Service in administering these programs and, 
particularly, in the issuance of permits and the granting of statutory 
or administrative benefits. The information requested in the 
application form is required to obtain a benefit. The public reporting 
burden for this collection of information is estimated to average 1.5 
hours per response, including the time for reviewing instructions, 
searching existing data sources, gathering and maintaining 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 Information Collection Clearance Officer, MS 224 ARLSQ, U.S. 
Fish and Wildlife Service, Department of the Interior, Washington, DC 
20240; and the Office of Management and Budget, Paperwork Reduction 
Project (1018-0077), Washington, DC 20530.
    3. Section 36.33 is revised to read as follows:


Sec. 36.33   Cabins and other related structures.

    (a) Definitions. As used in this section, the term:
    (1) Administrative cabin shall mean any cabin only used by refuge 
or other authorized personnel for the administration of the refuge.
    (2) Cabin shall mean a small, usually single-story, three or more 
sided structure that is permanently and completely enclosed with a roof 
and walls. The roof and walls are not fabric, cannot be easily 
disassembled, and are not removed seasonally.
    (3) Commercial cabin shall mean any cabin which is used in 
association with a commercial operation including but not limited to 
commercial fishing activities and recreational guiding services.
    (4) Existing cabin shall mean any cabin situated on Federal lands 
before December 2, 1980. A cabin legally situated on lands that 
subsequently become refuge will also be considered an ``existing'' 
cabin providing the applicant meets the appropriate application 
deadlines.
    (5) Family shall include the spouse (including what is known as a 
common-law relationship), children by birth or adoption, and other 
blood relatives within the second degree of kindred.
    (6) Guest shall mean a person who occasionally visits the permittee 
in the cabin. This term does not include clients using commercial 
cabins.
    (7) Immediate family shall include the spouse and children, either 
by birth or adoption, of the claimant residing in the cabin or 
structure.
    (8) New cabin shall mean any permitted cabin constructed on refuge 
lands after December 2, 1980. This may also include a cabin whose 
claimant failed to meet the application deadline for existing cabins 
but is otherwise a permitted cabin.
    (9) Other related structures shall mean those structures or devices 
essential to the activities for which the cabin special use permit is 
issued. This includes but is not limited to outdoor toilets, food 
caches, storage sheds, and fish drying racks.
    (10) Private recreational use shall mean a use associated with 
leisure activities, not including bona fide subsistence uses or 
authorized commercial uses.
    (11) Public use cabin shall mean a cabin owned and administered by 
the Fish and Wildlife Service and available for use by the public.
    (b) All cabins. The regulations in this paragraph (b) shall apply 
to all cabins, claimants, occupants, and guests. The regulations in 
this paragraph (b) do not apply to temporary facilities: any structure 
or man-made improvement which can readily be completely dismantled and 
removed from the site when the period of authorized use is terminated.
    (1) A special use permit is required to construct, use and/or 
occupy a cabin on Fish and Wildlife Service lands within the refuge. 
The permit may also authorize the use of related structures and other 
necessary appurtenances.
    (2) After adequate public notice has been given, unclaimed cabins 
become the property of the Federal Government. Adequate public notice 
shall include: Posting notices of trespass on unclaimed cabins; 
publication of notices of trespass in Anchorage and Fairbanks 
newspapers and in at least one local newspaper if available; and 
posting notices of trespass at appropriate community post offices. A 
Government-owned cabin may be used for refuge administration, used for 
emergency purposes by the public, permitted to another applicant, 
designated a public use cabin, or destroyed. Disposal of excess cabins 
and structures will be according to regulations pursuant to Title 41, 
Chapter 114 of the Code of Federal Regulations.
    (3) Willful noncompliance with the conditions and stipulations of a 
special use permit shall be considered grounds to invoke the 
administrative process leading to notice and hearing, and possible 
revocation of the permit. The refuge manager will attempt to resolve 
problems of noncompliance with the permittee as soon as possible after 
the situation becomes known. If this effort fails, the refuge manager 
shall provide written notice to the permittee within 30 days of that 
date, informing the permittee of noncompliance, giving specific 
instructions for compliance and providing appropriate time for the 
permittee to comply.
    (4) No special use permit will be issued for the construction of a 
cabin for private recreational use or for the private recreational use 
of an existing cabin.
    (5) Guests are allowed to occupy a cabin only during the activity 
period identified on the special use permit. Guests occupying a cabin 
during the absence of the permittee shall obtain a letter of 
authorization from the permittee. The guest must have a copy of the 
letter in his/her possession. In commercial cabins, the permittee or 
another person listed on the permit must be present when the cabin is 
occupied by guests or clients.
    (6) A person whose permit application (new or renewal) for a cabin 
has been denied or whose cabin permit has been revoked by the refuge 
manager may appeal to the Regional Director as described in 
Sec. 36.41(b).
    (c) Existing cabins. In addition to paragraph (b) of this section, 
the regulations in this paragraph (c) shall apply to all existing 
cabins, claimants, occupants, and guests.
    (1) Where a valid cabin permit or lease was in effect on December 
2, 1980, or at the time the land was subsequently added to the refuge, 
the refuge manager shall provide for the continuation of the permit or 
lease under the same conditions. The new permit shall be 
nontransferable and renewable every five years unless the continuation 
would directly threaten or significantly impair the purposes for which 
the refuge was established. The cabin and related structures are the 
personal property of the claimant and can be removed by him/her upon 
non-renewal or revocation. The owner of a cabin may sell his/her 
interest in the cabin to another person; however, the new owner does 
not automatically qualify for a permit and must apply for a new one.
    (2) To obtain a special use permit for a cabin that was not under 
permit or lease before December 2, 1980, or at the time the land was 
subsequently added to the refuge, a claimant should submit to the 
refuge manager an application that includes the following:
    (i) Reasonable proof of possessory interest or right to occupy the 
cabin as shown by affidavit, bill of sale, or other document.
    (ii) Date of construction or acquisition.
    (iii) A sketch or photograph that accurately depicts the cabin and 
related structures.
    (iv) The dimensions of the cabin and related structures.
    (v) A U.S. Geological Survey topographic map that shows the 
geographic location of the cabin and related structures.
    (vi) The claimant's agreement to vacate and remove all personal 
property from the cabin and related structures within one year from 
receipt of a non-renewal or revocation notice.
    (vii) The claimant's acknowledgment that he/she has no legal 
interest in the real property on which the cabin and related structures 
are located.
    (viii) A list of family members residing with the claimant in the 
cabin being applied for. It need only include those immediate family 
members who may be eligible to renew a permit for continued use and 
occupancy upon the original claimant's death (this is not applicable to 
cabins used for commercial purposes).
    (3) Applications for permits for existing cabins, which are not 
currently under valid permits, will only be accepted for a period of 
one year following the effective date of these regulations. However, 
cabins that were legally located on lands that subsequently become 
refuge will also be considered ``existing'' cabins. The owners will 
have two years following the date the lands become refuge to apply for 
a permit. Following those dates, all applications for cabins will be 
for ``new'' cabins only, no matter when the cabin was built or first 
used. If ownership is not established within three years after the land 
becomes refuge, the cabin may be considered abandoned, and it will 
become Federal property in accordance with Federal regulations.
    (4) The occupancy of a noncommercial cabin is limited to the 
permittee and his/her family, bona fide partners, and guests.
    (5) Major modification or rehabilitation of an existing cabin must 
be approved by the refuge manager before construction begins. The 
modifications will be done by the permittee or designated agent and 
will remain the property of the permittee. Major additions (e.g., 
larger than the original cabin) may fall under the ownership provisions 
for new cabins. Although cabins destroyed by accidents, vandalism or 
natural causes may be reconstructed, they must be approved by the 
refuge manager before construction and must meet the construction 
guidelines for new cabins, even though remaining the property of the 
claimant.
    (d) New cabins. In addition to paragraph (b) of this section, the 
regulations in this paragraph (d) shall apply to all new cabins, 
claimants, occupants, and guests.
    (1) A nontransferable, five year special use permit shall only be 
issued upon a determination that the proposed construction, use and 
maintenance of the cabin is compatible with refuge purposes and that 
the cabin use is either directly related to refuge administration or is 
needed for continuation of an ongoing activity or use otherwise allowed 
within the refuge where the applicant lacks a reasonable off-refuge 
site. In addition, these activities must have historically been 
supported by the construction and use of cabins in the geographic area. 
In general, new cabin permits will be given only to local residents to 
pursue a legitimate subsistence activity. In determining whether to 
permit the construction, use, and occupancy of cabins or other 
structures, the refuge manager shall be guided by factors such as other 
public uses, public health and safety, environmental and resource 
protection, research activities, protection of historic or scientific 
values, subsistence uses, endangered or threatened species conservation 
and other management considerations necessary to ensure that the 
activities authorized pursuant to a permit are compatible with the 
purposes for which the refuge was established.
    (2) To obtain a special use permit for a new cabin, an applicant 
should submit to the refuge manager an application that includes the 
following:
    (i) A sketch that accurately depicts the proposed cabin and related 
structures.
    (ii) The dimensions of the proposed cabin and related structures.
    (iii) A U.S. Geological Survey topographic map that shows the 
geographic location of the proposed cabin and related structures.
    (iv) The applicant's agreement to vacate and remove all personal 
property from the cabin and related structures within one year from 
receipt of a non-renewal or revocation notice.
    (v) The applicant's acknowledgment that he/she has no legal 
interest in the cabin and related structures or in the real property on 
which the cabin and related structures are located.
    (vi) A list of family members residing with the applicant in the 
cabin being applied for. It need only include those immediate family 
members who may be eligible to renew a permit for continued use and 
occupancy upon the original claimant's death.
    (3) The permitting instrument shall be a nontransferable renewable 
five year special use permit. It shall be renewed every five years 
(upon request) until the death of the original claimant's last 
immediate family member unless the special use permit has been revoked 
or the cabin has been abandoned.
    (4) No new cabins will be constructed in designated wilderness 
areas unless they are built specifically for the administration of the 
area, for public safety, or for trapping where trapping has been a 
traditional and customary use.
    (5) New trapping cabins in wilderness will be available for public 
use to ensure public health and safety.
    (6) The occupancy of a noncommercial cabin is limited to the 
permittee, and his/her family, bona fide partners, and guests.
    (e) Commercial cabins. In addition to paragraph (b) of this 
section, the regulations in this paragraph (e) shall apply to all 
commercial cabins, permittees, clients, guests, and occupants.
    (1) A special use permit is required for all cabins used for 
commercial purposes. Refuge managers may also issue special use permits 
that authorize additional commercial use of an existing cabin used for 
guiding, etc. The use of a new cabin shall be limited to the type of 
use specified in the original permit. The refuge manager may permit the 
use of an existing cabin on non-wilderness refuge lands for the 
exercise of valid commercial fishing rights. Such a permit may be 
denied if, after conducting a public hearing in the affected locality, 
it is found that the use is inconsistent with refuge purposes and is a 
significant expansion of commercial fishing activities within the unit 
beyond 1979 levels.
    (2) When the commercial fishing or guiding rights associated with a 
permittee's existing cabin are acquired by a new party, the privilege 
of using the cabin cannot be sold and the new party does not 
necessarily qualify for a cabin permit. He/she must apply for a permit 
and meet the criteria described in this paragraph (e) before issuance 
of a special use permit by the refuge manager. He/she may not occupy 
the cabin before issuance of a permit.
    (3) No new commercial cabins will be permitted in wilderness areas.
    (4) Commercial cabins may be occupied only by persons legitimately 
involved in the commercial enterprise, assistants, employees, their 
families, guests and clients and only during the time that the 
authorized activity is occurring. The names of those individuals, 
excluding guests and clients, will be listed on the permit. The 
permittee or another individual listed on the permit must be present 
when the cabin is occupied.
    (5) Special use permits for commercial cabins may be renewed 
annually in conjunction with the special use permit renewal for the 
commercial activity itself. The cabin permit may be issued for periods 
of up to five years and is a separate permit from one issued for the 
commercial activity.
    (f) Administrative and government-owned public use cabins. In 
addition to paragraph (a) of this section, the regulations in this 
paragraph (f) apply to all administrative and government-owned cabins.
    (1) The refuge manager can designate those cabins not under permit 
as administrative cabins to be used for official government business. 
Administrative cabins may be used by the public during life-threatening 
emergencies. On a case-by-case basis, they may also be designated as 
public use cabins when not needed for government purposes. In such 
cases, the refuge manager must inform the public and post dates or 
seasons when the cabins are available.
    (2) The refuge manager may designate government-owned cabins as 
public use cabins. They are only intended for short-term public 
recreational use and occupancy. The refuge manager may develop an 
allocation system for managing public use cabins for short-term 
recreational use. No existing public use cabins shall be removed or new 
public use cabins constructed within wilderness areas designated by the 
Alaska National Interest Lands Conservation Act of 1980 or subsequently 
designated wilderness areas until the Secretary of the Interior 
notifies the House Committee on Interior and Insular Affairs and the 
Senate Committee on Energy and Natural Resources.

    Dated: February 11, 1994.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 94-18175 Filed 7-26-94; 8:45 am]
BILLING CODE 4310-55-P