[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR13.46]

[Page 191-192]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 13--NATIONAL PARK SYSTEM UNITS IN ALASKA--Table of Contents
 
                         Subpart B--Subsistence
 
Sec. 13.46  Use of snowmobiles, motorboats, dog teams, and other means 
of surface transportation traditionally employed by local rural residents
 engaged in 
          subsistence uses.

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

[[Page 192]]

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