United States Department of
the Interior
NATIONAL PARK SERVICE
1849 C Street, N.W.
Washington, D.C. 20240
IN
REPLY REFER TO:
DIRECTOR’S ORDER #53: SPECIAL PARK USES
Approved: /s/Jonathan B. Jarvis
Director
Effective
Date: 2-23-2010
Sunset
Date: This order will
remain in effect until amended or rescinded
Contents
1.
Purpose and Scope
2.
Background
3.
Authorities
4.
Policy Guidance
5.
Permit
Applications
6.
Permitting
Instruments
7.
Permitting and Renewal
Process
8.
Permit Provisions
9.
Permits to Manage
the Exercise of Legal Rights
9.1.First Amendment Activities
9.2.Native American Rights
10.
Permits to
Related to Land Use Rights and Privileges
10.1.
Water (Riparian)
Rights
10.2.
Rights-of-Way
10.2.1.
Linear
Rights-of-Way
10.2.2.
wireless Telecommunication
Facilities
10.3.
Roads and
Highways
10.4.
Agricultural use
10.5.
Domestic
Livestock Management
10.6.
Reservations of
Use and Occupancy
10.7.
Non-Federal
Mineral Interests
11.
Permits Related
to Special Events or Other Activities
11.1.
Special Events
11.2.
Commercial
Filming and Certain Still Photography Permits (reserved)
11.3.
Native American
Cultural Demonstrations
12. Special Considerations for NPS Units in Alaska
1.
PURPOSE AND
SCOPE
This
Director’s Order (DO) sets forth the policies and procedures for administering special
park uses on National Park System lands.
It supersedes all previous editions of DO #53.
National
Park Service (NPS) policy guidance on special park uses is contained in section
8.6 of NPS Management
Policies 2006. That guidance is summarized in, and
supplemented by, this Director’s Order; however, this Director’s Order does not
discuss all details of managing special park uses. For more detail on any point referenced
herein, refer to Reference Manual 53 (RM-53), the companion document to this
Director’s Order. For additional
information, consult the Washington and regional office special park use
specialists.
2. BACKGROUND
A
special park use is an activity that takes place on park land or waters and
meets the following criteria:
·
Provides a benefit to an individual, group, or
organization, rather than the public at large,
·
Requires written
authorization and some degree of NPS management to
protect park resources and the public interest,
·
Is not
prohibited by law or regulation,
·
Is not
initiated, sponsored, or conducted by the NPS,
·
Is not
managed under a concession contract, and
·
Is not managed
through a lease.
A
special park use does not include any activity managed under the Concessions
Management Improvement Act of 1998 (16 U.S.C. § 5951), or any leasing activity
managed under the National Historic Preservation Act (16 U.S.C. § 470h-3) or
Section 802 of the National Parks Omnibus Management Act of 1998 (16 U.S.C. §
1a-2(k)).
The
Superintendent of each park unit is responsible for decisions to approve or
deny requests to engage in special park uses at that particular park. This is an important responsibility. Superintendents should consult DO #75A Civic
Engagement and Public Participation for guidance about notifying the public
about permit fees or other special use park issues. Local decisions
regarding special park uses may have Servicewide implications and set
precedents that affect management of other parks. The Superintendent should consult with the
regional or Washington Office special park use program manager whenever a
decision on a requested use may have ramifications beyond the individual park
unit.
Whether
a request to engage in a special park use is approved or denied, the
Superintendent’s decision must be
based on consideration of relevant factors related to the request. The decision
document should articulate a rational connection between the facts and the
final decision. The decision should
conform to NPS legal mandates, Servicewide policies, consider effects on Servicewide programs, be consistent with
decisions made both at the individual park and at parks Servicewide, and be
thoroughly documented in an administrative record.
3. AUTHORITIES
The authority to issue this Director’s Order derives from the 1916 NPS Organic Act (16 U.S.C. §§ 1-4). The Service’s authority to issue special use permits derives from the Organic Act and other authorities and NPS regulations at 36 CFR Parts 1 through 7. Right-of-way permits are authorized by NPS regulations at 36 CFR Part 14. General NPS policy about special park uses is set forth in NPS Management Policies 2006.
General Authorities for Park Uses. The 1916 NPS Organic Act and a 1978 amendment to the NPS General Authorities Act restrict the kinds of activities allowed within the National Park System.
The NPS General Authorities Act of 1970, as amended, includes the
following language specific to authorization of park uses:
The
authorization of activities shall be construed and the protection, management,
and administration of these areas shall be conducted in light of the high
public value and integrity of the National Park System and shall not be
exercised in derogation of the values and purposes for which these various
areas have been established, except as may have been or shall be directly and
specifically provided by Congress. (16 U.S.C. § 1a-1).
Together, these laws mandate the NPS to manage
park uses to protect against impairment of park resources, values, and
purposes. Impairment “is an impact that,
in the professional judgment of the responsible NPS manager, would cause injury
or damage or harm the integrity of park resources or values…” (see Management Policies 2006 sections 1.4.4
– 1.4.5).
Statutory Authority. A permit
for a special park use may be issued only if the applicant has a specific legal
right to engage in that use, or a specific statute exists that allows the
use. A right to engage in a special park
use may arise from the U.S. Constitution, a treaty, statute, or existing
property ownership such as an easement or certain types of mineral rights. Constitutional authority generally arises
from the First Amendment, guaranteeing freedom of religion, speech, press and
assembly. Statutory authority to allow a
special park use may derive from general statutes (e.g. the NPS Organic Act),
or a park-specific statute. The statutes
most frequently cited for special park uses are:
· 16
U.S.C. §§ 1-4, for general uses
· 16
U.S.C. §§ 5 or 79, for rights-of-way
·
16 U.S.C. §
460l-6d for commercial filming and
still photography
Certain other documents, such as Executive Orders, regulations, and case
law may provide guidance on whether a proposed activity or special park use is
allowed; however, none of these documents in and of itself authorizes any use; the Superintendent must always be able to cite
an existing legal right or statutory authority for any use he or she
approves.
Delegation of Authority. Regional
Directors and Superintendents are authorized to exercise the authority of the
Director to issue special park use permits with limited exceptions for
right-of-way permits. Superintendents
are further authorized to redelegate this authority to appropriate park
employees. The redelegation must be in
writing, signed by the Superintendent and identify the specific types of
special park use requests covered by the delegation. The Superintendent should make this decision
only after careful consideration of the following factors:
·
Complexity
of the proposed use
·
Potential
for unacceptable impacts to park resources and values
·
Number of
requests received annually by the park for the particular activity
·
Experience
of the person to whom the authority is being delegated
The written delegation of authority by the Superintendent should be
retained as part of the park’s files.
Regional Directors are authorized to exercise the authority of the
Director to issue new right-of-way permits, including permits for
telecommunication facilities for terms of 10 years or less. Superintendents are
authorized to issue renewals, conversions and amendments to right-of-way
permits with terms of 10 years or less.
Right-of-way permits (new, renewals and amendments) with terms greater
then 10 years require the Director’s signature for approval. The delegation of signature authority for
right-of-way permits set forth in this Director’s Order may not be redelegated
by Regional Directors or Superintendents.
4. POLICY
GUIDANCE
General. The NPS should encourage special park uses that accomplish any or all of the following:
- Support the mission of the NPS
- Add to the public understanding and
enjoyment of the park
- Promote a sense of ownership and stewardship
for the park and its resources
- Enhance the protection of park resources and
values;
- Provide for an increased level of visitor
safety.
The NPS will not issue
special park use permits that:
· Create an unacceptable impact on park resources or values (see Management Policies 2006, section 1.4.7.1), or
· Are contrary to the purposes for which the park was established, or
· Unreasonably disrupt the atmosphere of peace and tranquility of wilderness, natural, historic, or commemorative locations within the park, or
· Unreasonably interfere with interpretive programs, visitor activities, visitor services, or NPS administrative activities, or
· Substantially interfere with the operation of public facilities or the services of NPS concessioners or contractors, or
· Create an unsafe or unhealthy environment for other visitors or employees, or
· Result in conflict with other existing uses.
The Superintendent may
only approve a request to engage in a special park use, or any renewal of an
existing use, if the use does not trigger any of the criteria above. Existing uses that trigger any of the above criteria which can not be mitigated to
an acceptable limit through permit terms and conditions must be phased
out.
The NPS will ensure that the special park use
permit for an existing or proposed use based on a Constitutional or statutory
right, or property ownership includes terms and conditions that avoid triggering
the above criteria by mitigating the impacts.
5.
PERMIT APPLICATIONS
There
are five special park use application forms approved by the Office of
Management and Budget (OMB). Parks are prohibited
from creating their own application forms without OMB approval. Each of the OMB-approved application forms is
discussed below.
·
NPS 10-930
Application for Special Use Permit (OMB No. 1024-0026). This is a general application form used for
most special park use requests.
·
NPS 10-931
Application for Commercial Filming/Still Photography Permit (OMB No.
1024-0026).
·
NPS 10-932 Application for Commercial
Filming/Still Photography Permit (OMB No. 1024-0026).
·
NCR 7.96 Parks' Application for Permit to Conduct a Demonstration or Special
Event in Park Areas and a Waiver of Numerical Limitations on Demonstrations for
White House Sidewalk and/or Lafayette Park
(OMB No: 1024-0021) for
designated units in the National Capital Region.
·
Standard
Form (SF) 299 Applications for Transportation and Utility Systems and
Facilities on Federal Lands (OMB No. 1004-0189). This application is used for requests for
rights-of-way and telecommunication permits.
As
part of the “E Government Initiative,” parks should post forms 10-930 and one
or both of the Commercial Photography/Filming applications (10-931 and 10-932)
in PDF format on the park web site at www.nps.gov.
6. PERMITTING
INSTRUMENTS
The following three documents may be used to
authorize a special park use.
·
Special
Use Permit (10-114). A
Superintendent issues this document to an individual or organization to allow
the use of NPS-administered resources and to authorize activities that require
a permit (generally found in 36 CFR Parts 1-7).
The 10-114 form becomes the front page of the permit. Appended to it are terms and conditions that
apply to that activity. The 10-114 form
is signed and dated by the permittee, agreeing to the terms and conditions of
the permit, and then signed and dated by the Superintendent, approving the
activity.
·
Public Gathering Permit (for parks covered by 36 CFR
7.96) is issued with terms and conditions that apply to that activity.
·
Right-of-way permit. A
Regional Director issues this document to authorize new rights-of-way,
including, but not limited to, telephone lines, electric lines,
telecommunication facilities, and water conduits on NPS lands. This includes those utilities not owned by
the NPS, but serving the NPS and/or NPS concession facilities. The park should add park-specific terms and
conditions to the templates found in RM-53.
The permittee signs the permit, agreeing to the terms and conditions of
the permit prior to the Regional Director signing the document approving the
permit. The templates also are used to
renew existing rights-of-way. Renewals
are signed and dated by the permittee, agreeing to the terms and conditions of
the permit then signed and dated by the Superintendent approving the
permit.
Permits Other than Special Use
Permits. The NPS issues permits other than those covered
under this Director’s Order including,
but not limited to permits for research, collection, the exercise of mineral
rights associated with solid waste disposal, mining claims and non-Federal oil
and gas, and use of natural and cultural resources as well as agreements or
authorizations for specific park uses.
Requirements for these permits, agreements, or authorizations are found
in NPS regulations at 36 CFR and guidance can be found in the following
Director's Orders and related Reference Manuals:
- Cultural Resource
Management – DO #28
- Wilderness
Management – DO #41
- Scientific
Research and Collecting – DO #74
- Natural Resources
– DO #77
- Social Science –
DO #78
- Commercial Use
Authorizations
- Leases – DO #38/RM-38
- Agreements – NPS Agreements Handbook – a supplement
of DO #20
7. PERMITTING
AND RENEWAL PROCESS
Reasons
for Issuing a Permit. There are three primary purposes for issuing
a special use permit, regardless of type:
· To impose terms and conditions upon the activity to prevent impairment or unacceptable impacts to park resources, values, and purposes,
· To obtain the signature of the permittee agreeing to the terms and conditions of the document, and
· To establish a written description of the approved use for inclusion in the administrative record.
Basic Requirements for Issuance. An
application to engage in a special park use must be in writing and submitted as
early in the process as possible. An
application fee should accompany the application, if applicable. The Superintendent evaluates the request to
determine that the proposed use:
·
Will not
conflict with visitor uses,
·
Will not
adversely impact park operations,
·
Will not
cause unacceptable impacts to park resources and values, and
·
Complies
with applicable law, regulations, and policies.
Administrative
Record. Some documents apply to the special park use
program as a whole. Examples of these
include, but are not limited to, procedures for processing requests,
delegations of signature authority, establishment of cost recovery amounts,
designation of First Amendment areas pursuant to 36 CFR 2.51 and the
Superintendent’s compendium.
In addition, an administrative record for each
request must be created whether the request is approved or denied. This record should contain all documents that
led to the agency’s decision. It should
memorialize the timeframe, discussions, and rationale behind the decision,
including any monetary charges imposed, and should contain all documents
related to issuance or denial of the permit, including letters, compliance
documentation, notes, and a copy of the executed permit itself.
Park personnel should
pay close attention to the creation of complete administrative records to
accompany actions taken with respect to special use permit requests. If a permittee challenges the
Superintendent’s decision in court, these documents will form the basis to
support the Superintendent’s decision.
It should be noted that the NPS
administrative record developed for the special park use request is separate
and distinct from the "Administrative Records" provided in response
to a court challenge. The "Administrative
Record" filed with the court as part of the lawsuit must follow specific
guidelines and formats set by the court and may require additional documents
not included in the park's administrative record.
All permits, permit denials, and the associated
documents must be retained in accordance with the disposition schedule approved
by the National Archives and Records Administration (DO #19 and attachment). Documents may be retained longer if the
record continues to provide park management with useful guidance and
information.
Because permit applications request names, social
security and/or tax identification numbers parks are required to take any and
all steps necessary to protect the privacy information contained in special
park use administrative records and other documents.
Compliance. The process for granting or denying a special park use requires that the following compliance is completed and documented in the administrative record:
· The National Environmental Policy Act (NEPA). Unless the proposed special use is categorically excluded from NEPA review, the Superintendent must ensure that an environmental assessment (EA) or environmental impact statement (EIS) is prepared to agency standards that identify reasonable alternatives both inside and outside the park, and that any additional compliance documentation is completed, including, for example, compliance with DO #77-1(Wetland Protection) and DO #77-2 (Floodplain Management). Although the Superintendent may require the applicant to prepare the EA/EIS and other documentation, the NPS remains responsible for its content and must sign the Finding of No Significant Impact/Record of Decision FONSI/ROD.
· The National Historic Preservation Act of 1966 (NHPA). Generally, NHPA review (commonly referred to as Section 106 compliance) is incorporated into NEPA and is conducted as a step in the process. The NHPA review and final decision require consultation with the appropriate State or Tribal Historic Preservation Officer (SHPO or THPO) unless the proposed special park use has been determined to either have “no effect” on cultural resources or is a “programmatic exclusion.”
·
Any other applicable law or regulation.
Regardless of who prepares the documentation, the applicant must pay all NPS costs incurred in NEPA and NHPA compliance unless exemptions to cost recovery apply (see below).
Decision to Approve or Deny a
Request. The decision to either approve or deny a request
must be based on an adequate administrative record. Approval of any special park use must be in
the form of a written permit. The permit
must include an expiration date and should contain, in the form of permit terms
and conditions, safeguards for the protection of park resources and
values. If the request is denied, the
applicant must be informed in writing, and the letter must include the reason
for the denial.
Mandatory or Discretionary. Some
special park uses are expressly authorized in a park 's enabling act. The enabling law may be mandatory; that is,
it may require the NPS to allow the
use (“The Secretary shall permit ...”), or it may be discretionary; that is, it
may allow the NPS to allow the use
(“The Secretary may permit ...”). In
either instance, the proposed use is considered to be both authorized and
appropriate, as long as safeguards are established to protect park visitors,
resources, and values.
Right or Privilege. The Superintendent must also determine if the request involves a right or a privilege. A right is based on property ownership, statutory or treaty entitlement, or Constitutional guarantee. In general, citizens must be afforded the opportunity to exercise their rights; however, a Superintendent may establish permit conditions to protect park visitors, resources, and values.
Where there is
no identified right to engage in the use, then the use is a privilege and the Superintendent has
discretion to determine whether to issue a permit for the activity and, if so,
what conditions should be included in the permit. The
Superintendent should consider the request carefully and develop an appropriate
administrative record to document and support the decision. The Superintendent is not obligated to issue
a permit for a special park use simply because a request has been made and
discretionary authority for the use exists.
Legal
Authorities for NPS Cost Recovery Charges, Commercial Filming and Still Photography
Location Fees, and Land and Facility Use Fees. Certain
statutes expressly authorize the NPS to recover costs related to special park
uses and/or charge fees for the use of park lands and facilities. These include:
· 16
U.S.C. § 3a, for cost recovery for most special park uses
· 31
U.S.C. § 9701, for land and facility charges
·
16 U.S.C. §§
460l-6d, for cost recovery and
location fees for commercial filming and certain still photography activities
Cost
Recovery (16 U.S.C. § 3a). The NPS may recover from the permittee all agency
costs incurred in processing the application, and monitoring the permitted
activity if the request is approved.
Applicants should be told early in the process that they may be
responsible for reimbursing the park for all costs incurred by the park in
processing the application (even if the application is denied) and monitoring
the permitted activity and subsequent site restoration if necessary.
Cost recovery is not charged if:
·
Cost
recovery charges and facility and land use fees are prohibited by law, or
·
The proposed
activity is an exercise of a right, such as a First Amendment activity.
The NPS unit or office that incurred the cost
retains 100% of the cost recovery monies and should use the money to defray
expenses. Cost recovery for all special
park uses except commercial filming and still photography permits is year-end
money, must be spent in the fiscal year they were collected, and cannot be held
over.
Cost Recovery for Commercial
Filming and Still Photography (16 U.S.C. § 460l-6d). 16 U.S.C. § 460l-6d mandates cost
recovery for commercial filming and still photography permits. These costs may not be waived. The NPS unit or office that incurred the cost
retains cost recovery monies and should use the money to defray expenses. Cost recovery for commercial filming and
still photography permits is no-year money and is available until expended.
Location Fees for Commercial
Filming and Still Photography. 16 U.S.C. § 460l-6d mandates that the NPS
collect and retain location fees for commercial filming and still photography
permits. Location fees are based on the
number of people associated with the permit and the length (in days) of the
permit. Each park must use the location
fee schedule and location fees may not be waived. Most of the location fees remain in the park
and can be spent on park projects.
Land
and/or Facility Fee. If a land and/or facilities fee is charged by the
NPS, the fee should reflect the market value of the use requested, whenever
possible. In other words, the NPS should
charge the use fee based on the market value of the land and/or facilities
provided by the government. This value
is generally determined by comparables in the vicinity of the park. When the park collects a land and/or
facilities use fee based on market value it should be the only money collected
from the permittee because the cost recovery is included in the calculation of
market value. In no case should the NPS
collect a market value fee plus cost recovery for any permits issued. The proper approach would be to deduct the
amount due to the park for cost recovery from the market value fee. The amount deducted for cost recovery is
retained by the park, and the remaining amount of money must be deposited in
the U.S. Treasury, unless otherwise authorized by law.
However, if the amount of costs incurred by the
park equals or exceeds the market value of the land and facilities used, the
park is authorized to charge and collect the full cost recovery amount
(including the amount that exceeds the market value). The park retains the funds because it is cost
recovery and does not charge or collect any land or facilities use fee.
Exceptions to Collecting Cost Recovery. In certain circumstances, the Superintendent may choose to not collect cost recovery. A decision to not collect cost recovery may be appropriate in any of the following circumstances:
·
Charging and collecting are not cost-effective,
or
·
The Superintendent wishes to waive costs and
fees as a courtesy to a foreign government, or
· The permittee is a state, local, or Federal agency on official business, or
· The Superintendent determines the proposed use will promote the specific mission of the park.
Please note: These exceptions do not apply to commercial filming and still photography permits. Cost recovery and location fees for commercial filming and still photography permits are required and may not be waived.
The Superintendent should carefully consider an applicant’s requests for an exemption from cost recovery charges or lands and facilities fees and must document the decision in the administrative record. It is important to be consistent and content neutral when granting these requests. Similar activities by different groups should receive similar consideration. The Servicewide implication of not recovering costs and/or lands and facilities fees should also be considered before each decision is made.
Recreation
Fees and Non-Recreational Uses. Permittees who enter a park for recreational
purposes are subject to the same entrance and expanded amenity (use) fees as
the general public; however, persons engaging in special park uses that are not
recreational in nature are exempt from entrance and expanded amenity fees. Examples of some non-recreational uses for
which special park use permits are issued include the following:
·
First
Amendment activities
·
Agricultural
uses
·
Grazing
·
Commercial
filming and certain still photography
For a discussion of non-recreational uses, see DO
#22/RM-22.
Closure
of Park Areas. Requests by permittees to close a park area to
the general public should be considered very carefully. In general, park areas typically open to the
public should not be closed to facilitate a non-public event. The regulation governing closures is found at
36 CFR 1.5 and, except in emergency situations, requires a written
determination by the superintendent justifying the closure.
Fees
Charged by Permittee. Permittees occasionally ask to charge fees on
park lands for those attending the permitted event. The special use permit does not give the
permittee permission to collect admission or any other money associated with a
special event while on park property.
All monetary transactions must take place off park lands.
Solicitation
of Donations by a Permittee. The Superintendent may issue a permit to
solicit or accept donations in conjunction with a permitted special event or
public assembly (36 CFR 2.37). The donor
may not receive anything in exchange for making a donation. For example, the donor may not receive
merchandise, gain entry into an event, or be allowed participation in an
activity in exchange for required donation.
Donations
to the NPS. The NPS has authority to accept donations of
money, services, and commodities, but may not solicit them (16 U.S.C. 6). Therefore, NPS managers may not initiate
discussion of a possible donation with any permit applicant nor may a
representative of a cooperating association, friends group, or other park
partner approach the applicant for a donation while the application is being
considered, the permit is being negotiated, or the permitted activities are
ongoing.
If a permit applicant offers to make a donation
to the park, the offer must not in any way influence the Superintendent's
decision on the application or the manner in which the permit is administered
and monitored. The Superintendent must
refrain from discussing the donation until after the permitted activity is
completed. Superintendents may not
accept a donation in lieu of payment for cost recovery, a land and facility use
fee or a location fee.
For a discussion of donations to the NPS, see DO #21.
Suspension
of a Permitted Activity. Suspension is an immediate action taken when
the permitted activity has caused a situation where the activity needs to be
stopped immediately, and temporarily withdraws a permittee’s permission to conduct
a particular activity on park lands.
Suspension halts the activity until the situation has been
remedied. If the situation cannot be
remedied to NPS satisfaction, the permit must be terminated.
Termination
of a Permitted Activity.
Termination is the permanent withdrawal of permission to conduct a particular
activity often the result of a violation or breach of the terms and condition
of the permit .
Renewals. A
written application for the renewal of a special use or right-of-way permit
should be considered as carefully as an initial application. The Superintendent must review each permit
and associated administrative record before the existing permit expires. The review must determine whether the
original findings in the administrative record remain valid and taking into
account events since those findings were made.
For example, the Superintendent should determine whether the activity
is still mandatory or discretionary, whether it continues to be appropriate
and consistent with the purposes of the park, and whether the permittee has
adhered to the terms and conditions of the existing permit.
8. PERMIT PROVISIONS
To protect United States/NPS interests, the Superintendent shall incorporate appropriate conditions into all special park use permits. Permits should include some or all of the following provisions:
Permit Terms and Conditions. These
provide the Superintendent a mechanism with which to protect park resources,
values, and the visitor experience. The
permit terms and conditions impose a legal obligation on the permittee. As such, the permit must be issued to an
individual acting on his/her own behalf or bona fide representative of the
organization requesting the permit. The
permittee’s signature on the permit signifies acceptance of the conditions of
the permit.
Term of
the Permit. Most special park use permits may be issued for a
period of up to 5 years and may be renewable on receipt of a new
application. The following are
exceptions:
·
Permits for
First Amendment activities are limited to 7 consecutive days (36 CFR 2.51)
·
Permits for the
sale or distribution of printed matter are limited to 14 consecutive days (36 CFR 2.52).
In both these cases a permit may be extended for the same period of
time by filing a new application.
Certain parks in the National Capital Region are subject to special
regulations at 36 CFR 7.96 which have different time limitations for these two activities.
Right-of-way permits, including those issued for
telecommunications facilities may be granted for a maximum period of 10 years
and may be renewable with the receipt of an application. Permission to issue right-of-way permits for
a period longer than 10 years requires a written waiver of current Management
Policies signed by the Director.
Performance Guarantee. A performance bond or deposit guarantees the permittee's compliance with permit conditions, provides a mechanism for reimbursement to the park for damage to resources and/or facilities resulting from the permittee's activities, and guarantees payment of the costs incurred by the park. The guarantee amount should be sufficient to cover all anticipated costs and should be in the form of a surety bond, certified or cashier’s check, bank draft, or money order. Personal checks should not be accepted. The bond, or remainder of it, is refunded once all permit provisions are met.
Insurance. Liability insurance protects the government from negligent actions by the permittee that result in harm to persons or property. In most cases, as a condition of the permit, special park use permittees will be required to carry Commercial General Liability Insurance. Depending on the permitted activity, the Superintendent may require additional coverage such as proof of automobile liability insurance, pollution insurance, or special coverage for events where alcohol is served.
The permittee must show proof of liability coverage by submitting to the park the Insurance Services Office policy form (ISO, Certificate of Insurance), or its equivalent, endorsed by a company official naming the United States of America as “additionally insured.” The NPS should also be listed on the certificate of insurance as a certificate holder. The certificate should show all insurance coverage, liability limits, policy numbers, effective and expiration dates, aggregate limits, and any excess or umbrella coverage.
Hold Harmless/Indemnification. This condition is required for
all permits. It states the
Federal government, its agents, and employees, cannot be held liable for
property damage, bodily injury, or death caused by the permittee’s use of park
lands in connection with the permit and permittee agrees to pay the NPS for any
costs incurred associated with any claims.
Tort Claim Provision.
The purpose of this provision is to clarify that each agency continues
to be responsible and liable for its own employees when they are occupying
Federal property to the extent provided by law.
Bankruptcy Termination.
This provision
prevents park lands from being claimed as an asset or becoming involved in a
settlement if the permittee ends up in bankruptcy proceedings. It is particularly important to include this
statement in special park use permits involving agriculture, grazing, and
rights-of-way.
9.
PERMITS TO
MANAGE THE EXERCISE OF LEGAL RIGHTS
9.1 First Amendment Activities
The
First Amendment to the U.S. Constitution provides:
Congress
shall make no law respecting an establishment of religion, or prohibiting the
free exercise thereof; or abridging the freedom of speech, or of the press; or
the right of the people peaceably to assemble, and to petition the Government
for a redress of grievances.
General. Freedom
of speech, the press, religion, and assembly are rights, not privileges;
however, the courts have recognized that activities associated with the
exercise of these rights may be reasonably regulated to protect legitimate
government interests. Therefore, to
protect park resources and values, and to protect visitor safety, the NPS may
reasonably regulate certain aspects of First Amendment activities, such as the
time when, the place where, and the manner in which the activity is
conducted. Note that it is the conduct
associated with the exercise of these rights that is regulated, and never the
content of the message.
First
Amendment activities are not subject to entrance fees. No matter how time consuming it may be for
the park to manage First Amendment activities, cost recovery, insurance and
bonding may not be required since the inability to pay cost recovery or obtain
insurance or a bond might prevent the exercise of a Constitutional right.
NPS regulations pertaining to First Amendment
activities are found at 36 CFR §§ 2.51. and 2.52. A First Amendment permit generally
must be approved or denied within 2 business days of receipt of a proper
application. NPS regulations for designated park units in the National Capital
Region are found 36 CFR § 7.96(g), which contains a 48-hour response requirement. Management
Policies 2006, section 8.6.3, also addresses First Amendment activities.
Religion. The
First Amendment’s Establishment Clause prohibits the government from supporting
or promoting a particular religion, religious view, or religious organization
if it involves an “excessive entanglement with religion.” It does not, however, prohibit the NPS from
allowing religious activities in park areas in the same way it would allow the
exercise of any other First Amendment activity.
Equal Protection. Allowing
one group to use an area may set the precedent for subsequent requests. The principle of equal protection generally
means the NPS may not issue a permit for one group to engage in activities
while prohibiting others under similar circumstances. Additionally, the NPS may not impose any
obligations or restrictions on First Amendment activities that are not
similarly imposed on regular visitors and special events. Any restraints imposed on activities must be
administered even-handedly to all groups and individuals who are engaging in
similar activities, regardless of the content of their views expressed as part
of those activities. The Superintendent
and park staff should be particularly careful to be neutral in his or her
judgment, and not favor organizations with which they may be personally
familiar, or whose "message" they may personally support.
Political Events.
Political events may qualify either as First Amendment activities
or special events. First Amendment activities include public
demonstrations, assemblies, marches or other similar forms of public expression
of opinions. Examples of an aspect of a
political event that may be treated as a special event may include fund-raisers,
charitable races and invitation-only receptions that are not open to the
general public.
Political
Activities and the Hatch Act. The Hatch Act establishes general provisions
governing participation in political activities by executive branch employees
(5 CFR 734.101). The Hatch Act also prohibits
political activity “in any room or building occupied in the discharge of
official duties.” Outdoor political
activities held at NPS units including, but not limited to, rallies, speeches,
press conferences, and photo-ops that use recognizable NPS resources as a
backdrop may be permitted if otherwise consistent with NPS regulations. NPS employees may provide logistical support
or other services to permitted political events. Employees may actively participate in a
permitted event only when off duty and in civilian clothes so to not imply NPS
endorsement of the event.
Superintendents should contact their regional solicitor for guidance if
they have any questions.
Sale of Printed Matter. The sale of certain printed matter in
connection with a First Amendment activity is allowed, generally subject to a
permit, as provided in 36 CFR § 2.52 or 36 CFR § 7.96(k). The term “printed matter” under 36 CFR § 2.52
is defined, at 48 Federal Register 30272 (1983), as textual printed material
such as books, pamphlets, magazines and leaflets whose primary purpose is the
advocacy, definition, or explanation of a group’s or individual’s political,
religious, scientific, or moral beliefs.
Title 36 CFR § 7.96(k) defines what printed material may be sold in its applicable
park areas. Other message-bearing
merchandise such as t-shirts and mugs may not be sold.
9.2 Native American Rights
The NPS will
be as unrestrictive as possible in permitting American Indian tribes, Native
Alaskans, Native Hawaiians, and other Pacific Islanders access to and use of
traditional sacred resources for customary ceremonials. Specifically, to the extent feasible and
allowable by law, the NPS will
permit members of Native American tribes or groups access to park areas to
perform traditional religious, ceremonial, or other customary activities at
places that have been used historically for such purposes, provided the use
does not damage park resources. The NPS
will not direct visitor attention to the performance of religious observances
unless the Native American group so wishes. (See NPS Management Policies 2006 section
5.3.5.3.2)
Requests for First Amendment activities from Native Americans are subject
to the same scrutiny as other First Amendment requests. Permits for First Amendment activities are
subject to time, place, and manner restrictions and should be issued with
appropriate terms and conditions that protect park resources and values.
PERMITS RELATED TO LAND USE RIGHTS AND
PRIVILEGES
9.1 Water
(Riparian) Rights
10. Special park uses may involve the diversion, conveyance, and use of water by third parties by virtue of a pre-existing water right or by virtue of the sale or lease of NPS water.
11.
10.1.1 Pre-Existing Water Rights
Pre-existing water rights may be present in a park when such rights were established prior to the creation of the park or when private lands are acquired for incorporation into the park. Such rights may involve the diversion, conveyance, and use entirely within the park, or diversion and conveyance within the park to a place of use outside the park. Though pre-existing rights will have limitations based on state law, Special Use Permits may be required by the park for required maintenance and construction of infrastructure to protect park resources.
10.1.2
Requests may be made by third parties to lease or purchase water from a park for use outside the park. If such a request is made pursuant to 16 U.S.C. § 1a-2(e), they are governed by Director’s Order 35A (DO #35A). DO #35A authorizes, within the discretion of the Superintendent, such sale or lease to third parties if such parties provide public accommodations or services and if there are no reasonable alternatives. In addition, the use of the water must not cause an unacceptable impact to park resources or visitors nor lead to a dependency or increased demand on park water resources.
For more information water rights and the sale or lease of
water on park lands, see DO #35A or contact the Water Rights Branch of the
Water Resources Division in the
10.2 RIGHTS-OF-WAY
Definition. A
right-of-way (ROW) permit is a permit issued by the NPS to a third party to
pass over, under, or through a NPS owned or controlled area, is discretionary
and revocable, and does not convey or imply any interest in the land.
Authorities. The NPS may
issue right-of-way permits only for those uses or activities specifically
authorized by Congress and only if there is no practicable alternative to the
use of NPS lands. If a legal authority for a requested use is not
found, the park must deny the use. If an
unauthorized right-of-way already exists, the park should contact the regional
special park use program manager for guidance on a resolution.
Utilities. The authority for a utility right-of-way
through park lands is found in 16 U.S.C. § 5 for radio, television, and other
communication transmitting and receiving structures, facilities, and antennas
(including cellular sites); and 16 U.S.C. § 79 for electric power, telephone,
and telegraph lines, and water conduits (including sewer lines). In a few cases, park-specific laws contain
additional authority for an individual park area.
Pipelines. No general authority exists for the NPS to
issue a ROW for oil, gas, natural gas, synthetic liquids, gaseous fuels, or
other refined product pipelines through parklands. Superintendents need to be familiar with their
park’s enabling act, since individual parks may have park specific authority to
allow pipelines. Oil and gas lines that
serve NPS facilities may be allowed through a utility contract between the
service provider and the NPS under 16 U.S.C. § 1-3, so long as these lines
serve only NPS facilities.
Regulations. NPS
general regulations regarding right-of-way permits are located at 36 CFR Part
14. The regulations for NEPA compliance
are located at 40 CFR Parts 1500 – 1508 and 43 CFR Part 16, and for NHPA at 36
CFR Part 800. Alaska-specific
regulations on rights-of-way are located at 43 CFR Part 36.
General
Guidelines. The following general rules govern issuance and
renewal of right-of-way permits:
· A right-of-way permit is issued at the discretion of the NPS is revocable, and does not grant any interest in the land.
· A right-of-way permit is not required when property ownership, such as a previously recorded deeded easement, is involved.
·
NPS policy
is that right-of-way permits are issued for terms not to exceed 10 years. Permits with terms of longer than 10 years
must be signed by the Director.
·
Initial
permits must be approved by the Regional Director. Subsequent renewals and/or amendments may be
approved by the Superintendent.
·
The
right-of-way permit shall include appropriate terms and conditions to protect
park resources and values.
·
Permit terms
and conditions shall include NPS monitoring of permitted construction,
maintenance, restoration, and repair for the duration of the permit, and
require the permittee reimburse the park for all costs incurred.
·
Permits must
contain a condition for removal of the facility and restoration of the
right-of-way at the end of the permit.
·
NPS-owned
utilities do not require a right-of-way permit.
For all right-of-way permit applications, the Superintendent should:
· Request a preliminary meeting with the applicant. For large, controversial, or complex proposals, these meetings should be required. These meetings allow the Superintendent to explain park procedures and concerns to the applicant and learn about the applicant’s timeframes and other concerns.
· Hold meetings with the applicant during the decision process as necessary, but especially if the Superintendent is considering denying the application. These meetings should take place prior to written notification of denial.
·
Ensure that compliance actions and reviews, such
as NEPA and Section 106, are conducted expeditiously consistent with applicable
statutes.
·
Approve or deny the request in writing.
Wilderness. No
permanent road, structure, or installation (including the installation of
utilities) is allowed within any eligible, study, proposed, recommended, or
designated wilderness area, except as specifically provided by law. The NPS will not issue any new right-of-way
permits, or widen or lengthen an existing right-of-way, in any eligible, study,
proposed, recommended, or designated wilderness area. See the Wilderness Act, 16 U.S.C. 1131-1136,
and DO #41 (Wilderness Preservation and Management), or consult the Chief,
Wilderness Stewardship and Recreation Management for additional information. (Management Polices 2006, Section
6.4.8). ANILCA Title XI addresses
transportation and utility systems in designated wilderness.
10.2.1 Linear Rights-of-Way
Linear rights-of-way usually involve utilities such as telephone and
electrical lines and poles, canals, ditches, or water conduits.
·
A linear
right-of-way generally consists of a long, narrow corridor. The width of the right-of-way is described as
a distance from a centerline.
·
Where
possible, taking into account both park resources and economic factors, new
utility lines should be placed in conduit and underground.
·
Each utility
in a right-of-way requires a permit from the park. For example, power lines may not be added to
existing, permitted telephone poles without a right-of-way permit from the
park. (In this example, a permit would
not be issued until written confirmation of an agreement between the two
utility companies, over the use of the poles, was received by the park.)
· Permittees wishing to add equipment of the type authorized by their right-of-way permit may need to request a permit amendment if the total number of lines in the permitted right-of-way increases (for example, adding additional telephone lines to existing, permitted telephone poles).
10.2.2 Wireless Telecommunication Facilities (including, but not limited to cellular, microwave, television, and radio).
A wireless telecommunication
facility is authorized using a right-of-way permit. Statutory authority to issue a permit
authorizing a wireless telecommunication facility is found at 16 U.S.C. 5. When considering a request for a
telecommunication facility, the Superintendent will consider the entire
footprint of the facility including, but not limited to, the tower, any
equipment buildings, power and telephone lines, and means of access.
Applications for personal wireless communication facilities should only be accepted from a Federal Communications Commission licensee authorized to provide the proposed service(s) in the specific area or from a Federal agency with authorization from the National Telecommunication and Information Agency, part of the Department of Commerce. In addition, applications for personal wireless communication facilities must be processed, as closely as possible, according to the timeline and steps enumerated in RM-53.
Currently, WiFi (wireless fidelity or wireless local area networks) does not utilize a licensed portion of the Federal spectrum. If the park receives a request for installation of WiFi equipment on parklands, staff should consult the Washington Special Park Uses Program Manager.
Additional guidance is found in NPS Management Policies, 2006, Section 8.6.4.3, and in RM-53.
10.3 Roads and Highways
The NPS has
limited legal authority to allow the construction of non-NPS roads and highways
on park lands. Superintendents should
work closely with NPS regional staff when considering a request for the use of
park lands for any type of road or highway.
Additional guidance is found in DO #87A for Park Roads and Highways and
DO #87D for non-NPS Roads.
10.4 Agricultural Use
The use of parklands for agricultural use could be
a right, such as a reserved use, or a privilege, approved as a discretionary
decision by the Superintendent.
Agricultural activities may be conducted on park lands only if the
use is:
·
Specifically authorized by a
park’s enabling act or other law, or
- Required under a reservation of use rights
arising from the acquisition of the property, or
- Conducted as a necessary and integral part
of a recreational activity, or
- Required in order to maintain a historic
scene.
If the park’s enabling act includes agricultural use, that law should
be closely examined to determine whether the authorized use is a right or a
privilege. The enabling act may allow
the continued use of park lands for agriculture without a permit, may require
the park to issue a permit under certain terms and conditions, or give the park
discretionary authority to issue a permit.
The enabling act may also dictate the extent to which the park may
exercise oversight of agricultural use and charge cost recovery and land use
fees. If the enabling act allows the
continued use of park lands for agriculture without a permit, the park should
establish a good working relationship with the individuals using park lands to
ensure the protection of park resources.
If the continued use of park lands for agriculture is required as a
result of a reservation of use rights arising from the acquisition of the
property, the deeds should be examined closely to determine the extent of the
reserved right. There may be limits
associated with the reservation of use, such as type of crops or the number of
years the reservation remains in effect.
The park should establish a good working relationship with the
individuals using park lands to ensure the protection of park resources.
If agricultural use does not appear in the park’s enabling act, and is
not a reserved use, the Superintendent may find authority to issue a special
use permit under the general authority of 16 U.S.C. § 1-3 and the park’s
enabling act. However, the
Superintendent should issue a permit authorizing the requested use only if NPS
planning documents for the park include the objectives of restoring or
perpetuating cultural or natural landscapes and
the requested use meets those objectives without causing damage to
resources
In
permitting agricultural use of NPS lands, the NPS should foster best management
practices that conserve soil, protect natural waterways and groundwater,
control proliferation of diseases, exotic plant species and noxious weeds, and
avoid contamination of the environment.
The Superintendent should weigh carefully the benefits and potential
impacts of the requested use. He or she
should give special consideration to riparian areas, wetlands, and protection
of threatened or endangered species and their habitats. A permit must not be issued if the requested
activity would result in unacceptable impacts to any natural or cultural resource.
10.5
Domestic Livestock Management
General. Parks that
permit livestock use, or where livestock use is managed by other agencies, must
develop a livestock management plan. The
NPS may issue a special use permit authorizing livestock use only when the use
is:
·
Specifically authorized by a
park’s enabling act or other law, or
- Required under a reservation of use rights
arising from the acquisition of the property, or
- Conducted as a necessary and integral part
of a recreational activity, or
- Required in order to maintain a historic
scene.
If the park’s enabling act includes livestock use, that law should be examined closely to
determine whether the authorized use is a right or a privilege. The enabling act may allow the continued use
of park lands for livestock use
without a permit, may require the park to issue a permit under certain terms
and conditions, or give the park discretionary authority to issue a
permit. The enabling act may also
dictate the extent to which the park may exercise oversight and charge cost
recovery and land use fees.
If the enabling act allows the continued use of park lands for livestock
use without a permit, the park should
establish a good working relationship with the individuals using park lands to
ensure the protection of park resources and values.
If the continued use of park lands for livestock use results from a reservation of use rights when
the NPS acquired the property the deed(s) should be closely examined to
determine the extent of the reserved right, or limits of the reservation of use
such as:
·
Type or
number of animals
·
Number of
years the reservation of use remains in effect.
If the park’s enabling act does not address livestock use, the Superintendent may find authority to issue
a permit under the general authority of 16 U.S.C. § 1-3. The Superintendent should issue a special
park use permit authorizing the requested use only if the use is an integral
part of a recreational activity, or if NPS planning documents for the park
include the objectives of restoring or perpetuating cultural or natural
landscapes and the requested use
meets those objectives without causing damage to resources.
The Superintendent should consider denying livestock use that has the potential to cause unacceptable impacts to park resources, values, or purposes. In particular, livestock uses that deplete or degrade non-renewable resources, or whose effects cannot be mitigated, must not be allowed. Best management practices on grazing intensity, frequency, duration and timing should be followed. The use of pelletized feed or certified weed free forage that meets the North American Weed Management Association’s standards should be in the permit for all pack and saddle stock while on the trail to avoid the introduction of exotic species or noxious weeds.
The Biological Resource Management Division (Natural
Resource Program Center) can provide additional technical and policy support on
assessing agricultural impacts. For more information on permitting
livestock activities, see also DO #38 (Property Leasing), DO #77/RM-77-3
(Domestic and Feral Livestock Management), and NPS Management Policies 2006, section 8.6.8 (Domestic and Feral
Livestock Management) and 4.4.4 (Management of Exotic Species).
10.6 Reservations of Use and Occupancy
It is the intention of the
National Park Service (NPS), when it purchases property, to remove any
encumbering structures and restore the site to as close to original condition
as possible. The reserved use and
occupancy contract can not legally be extended. Properties may continue to be occupied
through a lease (see Director’s Order #38: Property Leasing), or in limited
circumstances a special park use permit for temporary residency in an NPS
structure provided a determination has been made that:
·
Issuing the
permit is in the best interest of the park and the
·
the use will
not result in impairment or unacceptable impacts of park resources and values
or be in conflict with the purposes for which the park was established;
and
·
One or more
of the following circumstances are met:
1. Specific legislative authority exists to allow
temporary residency; or
2. The NPS is unable to implement the directives of
park planning documents; or
3. The structure has or may have historic
significance that would be endangered if it were vacated; or
4. Extreme environmental conditions temporarily
prevent the occupant from vacating the structure; or
5. The structure has served as the primary residence
for the holder of the expired reservation of use and occupancy contract and the
termination of the residency would create an undue hardship on the occupant.
Under a special park use permit the permittee will be charged a fee for the
use of the facility, resource, or property based upon comparable prices in the
local market (fair market value). The park will retain an amount equal to costs
associated with issuing and managing the permit with the balance deposited into
the general treasury. The special park
use permit does not grant any interest in the land. (See Reference Manual 53,
Appendix 14.)
10.7 Non-Federal Mineral Interests
The NPS has adopted regulations to
specifically address the exercise of certain nonfederal mining and mineral
interests. These activities are also addressed
in NPS Management Policies 8.7, but Director's Order 53 does not address these
nonfederal interests. In the case of mining operations where the mining rights
arise from the 1872 Mining Law, the NPS has promulgated regulations at 36 CFR
9A and for nonfederal oil and gas operations, the regulations at 36 CFR Part
9B.
However, nonfederal mineral interests not
subject to the regulations of 36 CFR 9A-9B, may be required to apply for a
special use permit under 36 CFR 5.7 or another applicable regulation, in order
to protect the lands and waters administered by the NPS. For example, if a person has an easement or
other property right within the boundaries of a park and proposes to undertake
exploratory or extraction activities within the easement, the park may require
a permit with conditions to prevent adverse impacts on the park land. (see NPS
Management Policies 2006 § 8.7.3).
Application of such permit conditions should not result in a taking of
private property without just compensation.
11. PERMITS RELATED TO SPECIAL EVENTS OR VISITOR
ACTIVITIES
11.1 Special Events
General. Special events, such as sporting events,
pageants, celebrations, regattas, public spectator attractions, entertainment,
ceremonies, historical reenactments, fairs, and festivals are activities that
fall under the category of privileges.
Special events differ from public assemblies and public meetings in that
the latter activities are rights protected by the First Amendment. Requests for special events should be processed
as expeditiously as possible. Special
events may be subject to a wide range of permit terms and conditions intended
to protect and minimize impacts on park natural and cultural resources and
visitor activities and are subject to cost recovery. The permitted activities may be required to
pay a facility fee as well obtain insurance and/or submit a performance bond.
In determining
whether to grant a special park use permit for a special event, the
Superintendent must apply the criteria spelled out at 36 CFR § 2.50, or, for
designated park units in the National Capital Region, the special regulations
at 36 CFR § 7.96(g). The Superintendent
also should take into account any park specific special regulations that might
exist. These regulations allow special
events, subject to a permit, provided all of the following apply:
·
There is a
meaningful association between the park area and the event, and
·
The event
contributes to visitor understanding of the significance of the park.
Note that these criteria should be interpreted generously to allow appropriate uses. Most special park use applicants want to hold their activity in a national park to benefit from an association with the park’s message or so the participants can appreciate the scenery or other significance of the park. For example, a Superintendent may choose to issue a permit for a breast cancer awareness walk-a-thon in an historic park on an established road or sidewalk. In addition, the NPS will not permit a special event that is conducted primarily for the financial benefit of organizers or participants, or is commercial in nature. Further guidance for special events is found in NPS Management Policies 2006, section 8.6.2 and for appropriate uses section 1.5, 8.1.1, and 8.1.2.
If a special park use
request meets the above approval criteria, it still must be denied if the Superintendent finds that any of the following
applies:
· The event would cause unacceptable impacts to park resources or values, or
· The event would be contrary to park purposes or would unreasonably impair the atmosphere of peace and tranquility maintained in wilderness, natural, historic, or commemorative locations within the park, or
· The event would unreasonably interfere with interpretive, visitor service, or other program activities, or NPS administrative activities, or
· The event would substantially impair the operation of public facilities or services of NPS concessioners or contractors, or
· The event would present a clear and present danger to public health and safety, or
· The event would result in significant conflict with other existing uses.
The Superintendent should apply these criteria from 36 CFR
2.50 carefully. Consistent application of
these criteria will result in the timely processing of permit requests, reduce
the possibility of permits being denied without good cause, and ensure a more
uniform Servicewide process.
For further discussion on unacceptable impacts,
see NPS Management Policies 2006, section
1.4.7.1. For further discussion of considerations
relevant to granting or denying special use permits, see Management Policies 2006, section 8.6.2.1, and 36 CFR § 7.96(g)
(special considerations for the National Capital Region).
Sale of Food or
Merchandise. In certain circumstances, food and merchandise
may be sold as a part of a special event under a commercial use authorization
(CUA). More information is found in DO #48B/RM-48B.
Cooperating associations and NPS authorized concessioners may sell merchandise within their designated sales areas in accordance with their agreement with the NPS.
Fireworks Display. Firework displays will not be considered
if it poses an unacceptable risk of wildland or structural fire, will cause
unacceptable impacts on park resources or values, or will jeopardize pubic
safety. The Superintendent, following consultation with the Regional Safety
Manager, Regional Structural Fire Program Manager, and the Regional Wildland
Fire Manager, may approve such displays.
The permittee must comply with the requirements of the National
Fire Protection Association handbook, Code
for Outdoor Display of Fireworks (NFPA 1123). Additional guidance is provided in RM-53.
11.2 Commercial Filming and Still Photography
Section reserved until the Department of
the Interior regulation on commercial filming and still photography (43 CFR
Part 5) is finalized.
11.3 Native American Cultural Demonstrations
Section reserved for future use.
12.
SPECIAL CONSIDERATIONS FOR NPS UNITS IN
General. The special
park use policies discussed in this Director’s Order and Reference Manual 53
apply to national park units in
Key
ANILCA provisions are summarized below.
Transportation or Utility Systems. Title XI of ANILCA
establishes a specific process for application, review, and approval of any
transportation or utility system (TUS) in Alaska Alaska
Access to In-holdings. Section 1110(b) of ANILCA requires the
Secretary of the Interior to give in-holders rights necessary to assure
adequate and feasible access for economic and other purposes, subject to
reasonable regulation to protect the park.
Section 1110(b) is an authority for granting access to in-holdings in Alaska Alaska
Special Access.
Section 1110(a) of ANILCA authorizes
the use of snow machines (during periods of adequate snow cover or frozen river
conditions), motorboats, airplanes, and non-motorized surface transportation
methods for traditional activities permitted by law, and for travel to and from
villages and home sites.
Temporary Access.
Section 1111 of ANILCA authorizes
temporary access across Alaska
Effect on Subsistence Uses. Any
action to permit the use of park lands in
Access to
Subsistence Resources. Section 811(a) of
ANILCA authorizes the appropriate use of snowmobiles, motorboats,
and other means of surface transportation traditionally employed for
subsistence purposes, subject to reasonable regulation.