[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR1.5]

[Page 9-10]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 1--GENERAL PROVISIONS--Table of Contents
 
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

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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]