[Title 36 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2001 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
36
Parts 1 to 199
Revised as of July 1, 2001
Parks, Forests, and Public Property
Containing a codification of documents of general
applicability and future effect
As of July 1, 2001
With Ancillaries
Published by
Office of the Federal Register
National Archives and Records
Administration
A Special Edition of the Federal Register
[[Page ii]]
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 2001
For sale by the Superintendent of Documents, U.S. Government Printing
Office
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[[Page iii]]
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........................ 429
Alphabetical List of Agencies Appearing in the CFR...... 447
List of CFR Sections Affected........................... 457
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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.
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[[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
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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.
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HOW TO USE THE CODE OF FEDERAL REGULATIONS
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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
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OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on
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of provisions in effect on a given date in the past by using the
appropriate numerical list of sections affected. For the period before
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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
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the revision dates of the 50 CFR titles.
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[[Page vii]]
The Office of the Federal Register also offers a free service on the
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Raymond A. Mosley,
Director,
Office of the Federal Register.
July 1, 2001.
[[Page ix]]
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, 2001.
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)
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Part
chapter i--National Park Service, Department of the Interior 1
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CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
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Part Page
1 General provisions.......................... 5
2 Resource protection, public use and
recreation.............................. 17
3 Boating and water use activities............ 32
4 Vehicles and traffic safety................. 35
5 Commercial and private operations........... 39
6 Solid waste disposal sites in units of the
National Park System.................... 43
7 Special regulations, areas of the National
Park System............................. 51
8 Labor standards applicable to employees of
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............... 171
13 National Park System units in Alaska........ 176
14 Rights-of-way............................... 210
17 Conveyance of freehold and leasehold
interests on lands of the National Park
System.................................. 227
18 Leases and exchanges of historic property... 229
20 Isle Royale National Park; commercial
fishing................................. 234
21 Hot Springs National Park; bathhouse
regulations............................. 235
25 National military parks; licensed guide
service regulations..................... 237
27 Cape Cod National Seashore; zoning standards 239
28 Fire Island National Seashore: zoning
standards............................... 241
30 Whiskeytown-Shasta-Trinity National
Recreation Area: Zoning standards for
Whiskeytown unit........................ 250
34 El Portal Administrative Site regulations... 254
51 Concession contracts........................ 256
59 Land and Water Conservation Fund program of
assistance to States; post-completion
compliance responsibilities............. 286
60 National Register of Historic Places........ 290
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61 Procedures for State, Tribal, and local
government historic preservation
programs................................ 305
62 National Natural Landmarks Program.......... 312
63 Determinations of eligibility for inclusion
in the National Register of Historic
Places.................................. 322
64 Grants and allocations for recreation and
conservation use of abandoned railroad
rights-of-way........................... 325
65 National Historic Landmarks Program......... 332
67 Historic preservation certifications
pursuant to Sec. 48(g) and Sec. 170(h)
of the Internal Revenue Code of 1986.... 342
68 The Secretary of the Interior's standards
for the treatment of historic properties 360
71 Recreation fees............................. 363
72 Urban Park and Recreation Recovery Act of
1978.................................... 372
73 World Heritage Convention................... 400
74-77 [Reserved]
78 Waiver of Federal agency responsibilities
under section 110 of the National
Historic Preservation Act............... 407
79 Curation of federally-owned and administered
archaeological collections.............. 409
80-199 [Reserved]
Editorial Notes: 1. Other regulations issued by the Department of the
Interior appear in title 25; title 30; title 36; title 41; title 43;
title 48; and title 50.
2. Nomenclature changes to chapter I appear at 60 FR 55790, Nov. 3,
1995; 61 FR 28505, June 5, 1996; and at 62 FR 30234, June 3, 1997.
[[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
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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.22'13.2" N.
latitude and 110 deg.25'07.2" 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.22'40" N. latitude and 110 deg.25'07.2" 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.18'22.8" N., at longitude 110 deg.20'04.8" 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.19'42.0" N., at longitude 110 deg.12'06.0" 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.20'03.6" N., at longitude 110 deg.16'19.2" 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" 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.
(l) Motor vehicles driven or moved upon a park road must be
registered
[[Page 75]]
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]
Sec. 7.19 Canyon de Chelly National Monument.
(a) Visitors are prohibited from entering the canyons of Canyon de
Chelly
[[Page 76]]
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 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
[[Page 77]]
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 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
[[Page 78]]
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 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
[[Page 79]]
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 locations where vehicle travel is authorized and
times, dates, or frequency of travel, in accordance with the provisions
of this paragraph (a).
[[Page 80]]
(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 apparatus or to motor vehicles operated and owned or leased
by a duly constituted law enforcement agency having jurisdiction within
the Seashore.
[[Page 81]]
(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\' and
approximate latitude 40 deg. 38\1/2\'.
(ii) Lonelyville--located at approximate longitude 73 deg. 11' and
approximate latitude 40 deg. 38\1/2\'.
(iii) Atlantique--located at approximate longitude 73 deg. 10\1/2\'
and approximate latitude 40 deg. 38\1/2\'.
(iv) Fire Island Pines--located at approximate longitude 73 deg.
04\1/2\' and approximate latitude 40 deg. 40'.
(v) Water Island--located at approximate longitude 73 deg. 02' and
approximate latitude 40 deg. 40\1/2\'.
(vi) Davis Park--located at approximate longitude 73 deg. 00\1/2\'
and approximate latitude 40 deg. 41'.
(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 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]
[[Page 82]]
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:
(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.
[[Page 83]]
(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 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
[[Page 84]]
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 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.
[[Page 85]]
(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.
(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.
[[Page 86]]
(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 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
[[Page 87]]
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 ``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
[[Page 88]]
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 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.
[[Page 89]]
(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
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.
[[Page 90]]
(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.27'50" N., longitude
116 deg.52'50" W.
(2) Stovepipe Wells Airport, latitude 36 deg.36'15" N., longitude
117 deg.09'30" 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, 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
[[Page 91]]
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.41'36" N.,
longitude 82 deg.46'23" W., thence on a straight line to a point at
latitude 24 deg.38'00" N., longitude 82 deg.48'00" W.; thence on a
straight line to buoy ``N2'' at latitude 24 deg.37'23" N., longitude
82 deg.49'48" W.; thence in a straight line to a buoy ``C1'' at latitude
24 deg.35'35" N., longitude 82 deg.52'19" W.; thence in a straight line
to buoy ``N8'' at latitude 24 deg.35'07" N., longitude 82 deg.54'07" W.;
thence in a straight line to a buoy ``N2'' at latitude 24 deg.35'06" N.,
longitude 82 deg.55'53" W.; thence in a straight line to a buoy ``N10''
at latitude 24 deg.36'39" N., longitude 82 deg.52'27" W.; thence in a
straight line to a point at latitude 24 deg.40'57" N., longitude
82 deg.54'16" W.; thence in a straight line to a point at latitude
24 deg.41'50" N., longitude 82 deg.53'10" W.; thence in a straight line
to a point at latitude 24 deg.42'22" N., longitude 82 deg.51'50" W.;
thence in a straight line to a point at latitude 24 deg.42'53" N.,
longitude 82 deg.49'34" W.; thence in a straight line to a point at
latitude 24 deg.42'44" N., longitude 82 deg.48'20" 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 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.
[[Page 92]]
(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 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.
[[Page 93]]
(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 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
[[Page 94]]
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, ``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:
[[Page 95]]
(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.
(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.
[[Page 96]]
(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 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.
[[Page 97]]
(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.
(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
[[Page 98]]
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]
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
[[Page 99]]
(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]
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
[[Page 100]]
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 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
[[Page 101]]
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).
(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
[[Page 102]]
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, 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
[[Page 103]]
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' N., approximate longitude 114 deg.20' W.
(3) Pearce Ferry landing strip, located at approximate latitude
30 deg.04'37" N., approximate longitude 114 deg.02'44" W.
(4) Cottonwood landing strip located at approximate latitude
35 deg.29' N., approximate longitude 114 deg.40' W.
(5) [Reserved]
(6) Echo Bay landing strip located at approximate latitude
36 deg.19' N., approximate longitude 114 deg.27' 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.
[[Page 104]]
(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 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.
[[Page 105]]
(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 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.
[[Page 106]]
(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.14'47" E, 3349.09 ft. to
property corner 192, thence in a straight line N85 deg.03'12" E, 6999.38
ft., to property corner 193, thence in a straight line N58 deg.29'53" E,
3737.77 ft., to property corner 194, thence in a straight line
N51 deg.20'25" E, 1457.45 ft., to property corner 195, thence in a
straight line S74 deg.40'44" E, 4064.61 ft., to property corner 196,
thence in a straight line N79 deg.59'22" E, 3118.40 ft. to property
corner 197A, thence in a northeasterly direction to property corner 200,
thence in a straight line N56 deg.24'11" E, 1073.57 ft., to property
corner 201, thence in a straight line S80 deg.04'22" E, 2684.69 ft., to
property corner 202, thence in a straight line N69 deg.21'31" E, 2974.09
ft. to property corner 203, thence in a straight line S37 deg.59'16" E,
1538.83 ft., to property corner 204, thence in a straight line
N28 deg.36'59" E, 744.10 ft., to property corner 205, thence in a
straight line N00 deg.19'04" E, 1136.41 ft., to property corner 206,
thence in a westerly direction to property corner 181, thence in a
straight line S89 deg.51'52" W, 1434.80 ft. to property corner 182,
thence in a straight line N75 deg.53'25" W, 4267.11 ft., to property
corner 183, thence in a straight line S76 deg.16'20" W, 3835.45 ft., to
property corner 184, thence in a westerly direction to property corner
189, thence in a straight line S71 deg.35'59" W, 2901.46 ft., to
property corner 190, thence in a straight line S78 deg.24'18" 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.
(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]
[[Page 107]]
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.
(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.
[[Page 108]]
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 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.
[[Page 109]]
(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:
(1) The entire water surface of Lake Chelan.
(2) The Stehekin landing field, located at approximate latitude
48 deg.21' N, approximate longitude 120 deg.43' 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
[[Page 110]]
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 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
[[Page 111]]
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.
(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.
[[Page 112]]
(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.
(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
[[Page 113]]
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 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.
[[Page 114]]
(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.
(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.
[[Page 115]]
(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.
(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.
[[Page 116]]
(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 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
[[Page 117]]
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.
(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
[[Page 118]]
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 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]
[[Page 119]]
Sec. 7.70 Glen Canyon National Recreation Area.
(a) Designated airstrips. (1) Wahweap, latitude 36 deg.59'45" N.,
longitude 111 deg.30'45" W.
(2) Bullfrog, latitude 37 deg.33'00" N., longitude 110 deg.42'45" W.
(3) Halls Crossing, latitude 37 deg.28'10" N., longitude
110 deg.42'00" W.
(4) Hite, latitude 37 deg.53'30" N., longitude 110 deg.23'00" W.
(5) Gordon Flats, latitude 38 deg.10'30" N., longitude
110 deg.09'00" 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.
(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.
[[Page 120]]
(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 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.
[[Page 121]]
(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 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
[[Page 122]]
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 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.
[[Page 123]]
(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 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
[[Page 124]]
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 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.
[[Page 125]]
(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.
(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
[[Page 126]]
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'-34 deg.01' and west end of
island, 119 deg.27'-34 deg.01'.
(ii) Santa Barbara Island. Eastside to exterior boundary of monument
119 deg.02'-33 deg.28' and 119 deg.02'-33 deg.29'30".
(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 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.
[[Page 127]]
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 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
[[Page 128]]
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 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.
[[Page 129]]
(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 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]
[[Page 130]]
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, 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]
[[Page 131]]
Sec. 7.92 Bighorn Canyon National Recreation Area.
(a) Aircraft-designated airstrip. (1) Fort Smith landing strip,
located at approximate latitude 45 deg.19' N., approximate longitude
107 deg.55'41" 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 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.
[[Page 132]]
(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 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
[[Page 133]]
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.; 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
[[Page 134]]
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.
(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
[[Page 135]]
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.
(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.
[[Page 136]]
(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 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
[[Page 137]]
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.
(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
[[Page 138]]
``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.
(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.
[[Page 139]]
(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) The use of bicycles, motorcycles, snowmobiles, or other motor
vehicles is prohibited.
(b) The use of horses or pack animals is prohibited, except in
locations designated for their use.
(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 Park Manager, pursuant to the terms and conditions of
a permit.
[48 FR 30291, June 30, 1983, as amended at 61 FR 28506, June 5, 1996]
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 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
[[Page 145]]
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 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]
[[Page 146]]
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.
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
[[Page 147]]
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]
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
[[Page 148]]
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.
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
[[Page 149]]
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 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
[[Page 150]]
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, 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
[[Page 151]]
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;
(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
[[Page 152]]
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 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.
[[Page 153]]
(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.
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
[[Page 154]]
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 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
[[Page 155]]
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 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.
[[Page 156]]
(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
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
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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]