[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: 36CFR13.17]

[Page 179-185]
 
              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 A--Public Use and Recreation
 
Sec. 13.17  Cabins and other structures.

    (a) Purpose and policy. The policy of the National Park Service is 
to manage the use, occupancy and disposition of cabins and other 
structures in park areas in accordance with the language and intent of 
ANILCA, the National Park Service Organic Act (16 U.S.C. 1 et seq.) and 
other applicable law. Except as Congress has directly and specifically 
provided to the contrary, the use, occupancy and disposition of cabins 
and other structures in park areas shall be managed in a manner that is 
compatible with the values and purposes for which the National Park 
System and these park areas have been established. In accordance with 
this policy, this section governs the following authorized uses of 
cabins and other structures in park areas:
    (1) Use and/or occupancy pursuant to a valid existing lease or 
permit;
    (2) Use and occupancy of a cabin not under valid existing lease or 
permit;
    (3) Use for authorized commercial fishing activities;
    (4) Use of cabins for subsistence purposes;
    (5) General public use cabins;
    (6) Cabins in wilderness areas;
    (7) Use of temporary facilities related to the taking of fish and 
wildlife; and
    (8) New cabins and other structures otherwise authorized by law.
    (b) Applicability. Unless otherwise specified, this section applies 
to all park areas in Alaska except Klondike Gold Rush National 
Historical Park and Sitka National Historical Park.
    (c) Definitions. The following definitions apply to this section:
    ``Cabin'' means a small, usually one-story dwelling of simple 
construction, completely enclosed, with a roof and walls which may have 
windows and door(s).
    ``Claimant'' means a person who has occupied and used a cabin or 
other structure as a primary, permanent residence for a substantial 
portion of the time, and who, when absent, has the intention of 
returning to it as his/her primary, permanent residence. Factors 
demonstrating a person's primary, permanent residence include, but are 
not limited to documentary evidence, e.g. the permanent address 
indicated on licenses issued by the State of Alaska and tax returns and 
the location where the person is registered to vote.
    ``Immediate family member'' means a claimant's spouse, or a 
grandparent, parent, brother, sister, child or adopted child of a 
claimant or of the claimant's spouse.
    ``Possessory interest'' means the partial or total ownership of a 
cabin or structure.
    ``Right of occupancy'' means a valid claim to use or reside in a 
cabin or other structure.
    ``Shelter'' means a structure designed to provide temporary relief 
from the elements and is characterized as a lean-to having one side 
open.
    ``Substantial portion of the time'' means at least 50 percent of the 
time since beginning occupancy and at least 4 (four) consecutive months 
of continuous occupancy in every calendar year after 1986.
    ``Temporary campsite'' means a natural, undeveloped area suitable 
for the purpose of overnight occupancy without modification.
    ``Temporary facility'' means a structure or other manmade 
improvement that can be readily and completely dismantled and/or removed 
from the site when the authorized use terminates. The term does not 
include a cabin.
    ``Tent platform'' means a structure, usually made of manufactured 
timber products, constructed to provide a solid, level floor for a tent, 
with or

[[Page 180]]

without partial walls not exceeding three feet in height above the 
floor, and having only the tent fabric, the ridge pole and its support 
poles extending higher than three feet above the floor.
    (d) Administration--(1) Permit application procedures. Except as 
otherwise specified in this section, the procedures set forth in 
Sec. 13.31(a) of this chapter govern application for any permit 
authorized pursuant to this section.
    (2) Notice and comment on proposed permit. Before a permit for the 
use and occupancy of a cabin or other structure is issued pursuant to 
this section, the Superintendent shall publish notice of the proposed 
issuance in the local media and provide a public comment period of at 
least sixty days, subject to the following exceptions: Prior notice and 
comment are not required for a permit authorizing use and occupancy for 
14 days or less of a public use cabin or use and occupancy of a 
temporary facility for the taking of fish or wildlife for sport or 
subsistence purposes.
    (3) Permit revocation. (i) The superintendent may revoke a permit or 
lease issued pursuant to this section when the superintendent determines 
that the use under the permit or lease is causing or may cause 
significant detriment to the principal purposes for which the park area 
was established. Provided, however, that if a permittee submits a 
written request for a hearing concerning the revocation, based on the 
cause listed above, of a permit or lease issued pursuant to paragraph 
(e)(1), (e)(2), (e)(4) or (e)(8) of this section, the matter shall be 
assigned to an administrative law judge who, after notice and hearing 
and based on substantial evidence in the administrative record as a 
whole, shall render a recommended decision for the superintendent's 
review. The superintendent shall then accept, reject or modify the 
administrative law judge's recommended decision in whole or in part and 
issue a final decision in writing.
    (ii) The superintendent may revoke or modify any permit or lease 
issued pursuant to this section when the permittee violates a term of 
the permit or lease.
    (4) Appeal procedures. The procedures set forth in Sec. 13.31(b) of 
this chapter govern appeals of a permit denial, a denial of a permit 
renewal, a permit revocation and a superintendent's final decision on a 
permit revocation issued pursuant to paragraph (d)(3)(i) of this 
section.
    (5) Permittee's interest. (i) A permittee shall not accrue a 
compensable interest in a cabin or other structure in a park area unless 
specifically authorized by Federal statutory law.
    (ii) A cabin or other structure in a park area may not be sold, 
bartered, exchanged, assigned or included as a portion of any sale or 
exchange of other property by a permittee unless specifically authorized 
by Federal statutory law.
    (iii) The Superintendent shall determine the extent and nature of a 
permittee's possessory interest at the time a permit is issued or 
denied.
    (6) Cabin Site Compatibility. The Superintendent shall establish 
permit conditions that require a permittee--
    (i) When constructing, maintaining or repairing a cabin or other 
structure authorized under this section, to use materials and methods 
that blend with and are compatible with the immediate and surrounding 
landscape; and
    (ii) When terminating an activity that involves a structure 
authorized under this section, to dismantle and remove the structure and 
all personal property from the park area within a reasonable period of 
time and in a manner consistent with the protection of the park area.
    (7) Access. (i) A permittee under this section who holds a permit 
for use and occupancy of a cabin or other structure located on public 
lands in a park area, not under valid existing lease or permit in effect 
on December 2, 1980, does not have a ``valid property or occupancy 
interest'' for purposes of ANILCA section 1110(b) and its implementing 
regulations.
    (ii) When issuing a permit under this section, the Superintendent 
shall provide for reasonable access which is appropriate and consistent 
with the values and purposes for which the park area was established.
    (iii) All impacts of the access to a cabin or other structure are 
deemed to be a part of, and shall be considered in any evaluation of, 
the effects of a use

[[Page 181]]

authorized by a permit issued under this section.
    (8) Abandonment. (i) An existing cabin or other structure not under 
valid lease or permit, and its contents, are abandoned:
    (A) When no permit application has been received for its use and 
occupancy before October 20, 1987, one year after the effective date of 
this section; or
    (B) One year after a permit application for its use and occupancy 
has been denied or a permit for its use and occupancy has been revoked, 
denied or has expired.
    (ii) A claimant or applicant whose application for a permit has been 
denied or whose permit has expired may remove all or a portion of a 
cabin or other structure and its contents from a park area, to the 
extent of his or her possessory interest and under conditions 
established by the Superintendent, until the date the cabin or structure 
is considered abandoned.
    (iii) The contents of a cabin or other structure are considered 
abandoned when the cabin or other structure is considered abandoned.
    (iv) A person whose permit for the use and occupancy of a cabin or 
other structure is revoked may remove his or her personal property from 
a park area under conditions established by the Superintendent until one 
year after the date of the permit's revocation.
    (v) The Superintendent shall dispose of abandoned property in 
accordance with Secs. 2.22 and 13.22 of this chapter. No property shall 
be removed from a cabin until such property has been declared abandoned 
or determined to constitute a direct threat to the safety of park 
visitors or area resources.
    (9) Emergency use. During an emergency involving the safety of human 
life, a person may use any cabin designated by the Superintendent for 
official government business, general public use or shared subsistence 
use. The person shall report such use to the Superintendent as soon as 
is practicable.
    (e) Authorized cabin use and occupancy. Use or occupancy of a cabin 
or structure in a park area is prohibited, except pursuant to the terms 
of a permit issued by the Superintendent under this section or as 
otherwise authorized by provisions of this chapter.
    (1) Use and/or occupancy pursuant to a valid existing lease or 
permit. A person who holds a valid lease or permit in effect on December 
2, 1980, for a cabin, homesite or similar structure not subject to the 
provisions of paragraph (e)(2) of this section, on Federal lands in a 
park area, may continue the use authorized by that lease or permit, 
subject to the following conditions:
    (i) Renewal. The Superintendent shall renew a valid lease or permit 
upon its expiration in accordance with the provisions of the original 
lease or permit, subject to any modifications or new conditions that the 
Superintendent finds necessary for the protection of the values and 
purposes of the park area.
    (ii) Denial of renewal. The Superintendent may deny the renewal or 
continuation of a valid lease or permit only after issuing specific 
findings, following notice and an opportunity for the leaseholder or 
permittee to respond, that renewal or continuation constitutes a direct 
threat to, or a significant impairment of, the purposes for which the 
park area was established.
    (iii) Transfer. Subject to any prohibitions or restrictions that 
apply to transfer in the existing lease or permit, the Superintendent 
may transfer a valid existing lease or permit to another person at the 
election or death of the original permittee or leaseholder, only if the 
Superintendent determines that:
    (A) The continued use is appropriate and compatible with the values 
and purposes of the park area;
    (B) The continued use is non-recreational in nature;
    (C) There is no demonstrated overriding need for public use; and
    (D) The continued use and occupancy will not adversely impact soils, 
vegetation, water or wildlife resources.
    (2) Use and occupancy of a cabin not under valid existing lease or 
permit as of December 1, 1978. (i) A cabin or other residential 
structure in existence and occupied by a claimant, both prior to 
December 18, 1973, with the claimant's occupancy continuing for a 
substantial portion of the time, may continue to be used and occupied by 
the claimant pursuant to a renewable, nontransferable

[[Page 182]]

five-year permit. Upon the request of the claimant or a successor who is 
an immediate family member and residing in the cabin or structure, the 
Superintendent shall renew this permit every five years until the death 
of the last immediate family member of the claimant who was residing 
with the claimant in the structure under permit at the time of issuance 
of the original permit.
    (ii) A cabin or other residential structure in existence prior to 
December 1, 1978, with occupancy commenced by a claimant between 
December 18, 1973 and December 1, 1978, which a claimant has continued 
to occupy or use for a substantial portion of the time, may continue to 
be used and occupied by the claimant pursuant to a non-transferable 
permit. The Superintendent may issue and extend such permit for a term 
not to exceed December 1, 1999 for such reasons as are deemed by the 
Superintendent to be equitable and just. The Superintendent shall review 
the permit at least every two years and modify the permit as necessary 
to protect park resources and values.
    (iii) Permit application. In order to obtain, renew or extend a 
permit, a claimant shall submit a written application. In the case of an 
application to renew or extend a permit issued pursuant to this 
paragraph, if no circumstance relating to the permittee's occupancy and 
use of the cabin or structure has changed in the interim, applicable 
material submitted by the permittee to satisfy the original application 
requirements is considered sufficient and need not be resubmitted. The 
following information is required to be included in a permit 
application:
    (A) Reasonable proof of possessory interest or right of occupancy in 
the cabin or structure, demonstrated by affidavit, bill of sale, or 
other documentation. In order for a claimant to qualify for a permit 
described in paragraph (e)(2)(i) of this section, the claimant's 
possessory interest or right of occupancy must have been acquired prior 
to December 18, 1973. In order for a claimant to qualify for a permit 
described in paragraph (e)(2)(ii) of this section, the claimant's 
possessory interest or right of occupancy must have been acquired prior 
to December 1, 1978;
    (B) A sketch or photograph that accurately depicts the cabin or 
structure;
    (C) A map that shows the geographic location of the cabin or 
structure;
    (D) The claimant's agreement to vacate and remove all personal 
property from the cabin or structure upon expiration of the permit;
    (E) The claimant's acknowledgement that he or she has no legal 
interest in the real property on which the cabin or structure is 
located;
    (F) Reasonable proof that the claimant has lived in the cabin or 
structure during a substantial portion of the time and continues to use 
the cabin or other structure as a primary, permanent residence; and
    (G) A list of all immediate family members residing with the 
claimant within the cabin or structure for which the application is 
being submitted. Such list need only include those immediate family 
members who will be eligible to continue to use and occupy the cabin or 
other structure upon the death or departure of the original claimant.
    (iv) Permit application deadline. The deadline for receipt of a 
permit application for the occupancy and use of an existing cabin or 
other structure described in paragraph (e)(2)(i) or (ii) of this section 
is October 20, 1987, one year after the effective date of this section. 
The Superintendent may extend this deadline for a reasonable period of 
time only when a permit applicant demonstrates that extraordinary 
circumstances prevented timely application.
    (3) Use for authorized commercial fishing activities. The use of a 
campsite, cabin or other structure in conjunction with commercial 
fishing activities authorized by section 205 of ANILCA in Cape 
Krusenstern National Monument, the Malaspina Glacier Forelands area of 
Wrangell-Saint Elias National Preserve, and the Dry Bay area of Glacier 
Bay National Preserve is authorized pursuant to the provisions of 
Sec. 13.21(c) of this chapter and the terms of a permit issued by the 
Superintendent.
    (4) Use of cabins for subsistence purposes. (i) A local rural 
resident who is an eligible subsistence user may use an

[[Page 183]]

existing cabin or other structure or temporary facility or construct a 
new cabin or other structure, including temporary facilities, in a 
portion of a park area where subsistence use is allowed, pursuant to the 
applicable provisions of subparts B and C of this part and the terms of 
a permit issued by the Superintendent. However, the Superintendent may 
designate existing cabins or other structures that may be shared by 
local rural residents for authorized subsistence uses without a permit.
    (ii) For purposes of paragraph (e)(4) of this section, the term 
``local rural resident'', with respect to national parks, monuments, and 
preserves is defined in Sec. 13.42 of this chapter.
    (iii) Permit application. In order to obtain or renew a permit, a 
person shall submit an application. In the case of an application to 
renew a permit issued pursuant to this paragraph, if no circumstance 
relating to the permittee's occupancy and use of the cabin or structure 
has changed in the interim, applicable material submitted by the 
permittee to satisfy the original application requirements is considered 
sufficient and need not be resubmitted. The following information is 
required to be included in a permit application:
    (A) An explanation of the applicant's need for the cabin or 
structure;
    (B) A description of an applicant's past, present and anticipated 
future subsistence uses relevant to his or her need for the cabin or 
structure;
    (C) A blueprint, sketch or photograph of the cabin or structure;
    (D) A map that shows the geographic location of the cabin or 
structure; and
    (E) A description of the types of occupancy and schedule for use of 
the cabin or structure.
    All information may be provided orally except the cabin blueprint, 
sketch or photograph and the map.
    (iv) Permit issuance. (A) In making a decision on a permit 
application, the Superintendent shall consider whether the use by local 
rural residents of a cabin or other structure for subsistence purposes 
is customary and traditional in that park area and shall determine 
whether the use and occupancy of a new or existing cabin or structure is 
``necessary to reasonably accommodate'' the applicant's subsistence 
uses. In making this determination, the Superintendent shall examine the 
applicant's particular circumstances, including but not limited to his 
or her past patterns of subsistence uses and his or her future 
subsistence use plans, reasonable subsistence use alternatives, the 
specific nature of the subsistence uses to be accommodated by the cabin 
or structure, the impacts of the cabin or structure on other local rural 
residents who depend on subsistence uses and the impacts of the proposed 
structure and activities on the values and purposes for which the park 
area was established.
    (B) The Superintendent may permit the construction of a new cabin or 
other new structure for subsistence purposes only if a tent or other 
temporary facility would not adequately and reasonably accommodate the 
applicant's subsistence uses without significant hardship and the use of 
no other type of cabin or other structure provided for in this section 
can adequately and reasonably accommodate the applicant's subsistence 
uses with a lesser impact on the values and purposes for which the park 
area was established.
    (v) Permit terms. The Superintendent shall, among other conditions, 
establish terms of a permit that:
    (A) Allow for use and occupancy during the harvest or gathering of 
subsistence resources, at such times as may be reasonably necessary to 
prepare for a harvest season (e.g., opening or closing a cabin or 
structure at the beginning or end of a period of use), and at other 
times reasonably necessary to accommodate the permittee's specified 
subsistence uses;
    (B) Prohibit residential use in conjunction with subsistence 
activities; and
    (C) Limit the term of a permit to a period of five years or less.
    (vi) Temporary facilities. A temporary facility or structure 
directly and necessarily related to the taking of subsistence resources 
may be constructed and used by a qualified subsistence user without a 
permit so long as such use is for less than thirty days and the site is 
returned to a natural condition.

[[Page 184]]

The Superintendent may establish conditions and standards governing the 
use or construction of these temporary structures and facilities which 
shall be published annually in accordance with Sec. 1.7 of this chapter.
    (vii) Shared use. In any permit authorizing the construction of a 
cabin or other structure necessary to reasonably accommodate authorized 
subsistence uses, the Superintendent shall provide for shared use of the 
facility by the permittee and other local rural residents rather than 
for exclusive use by the permittee.
    (5) General public use cabins. (i) The Superintendent may designate 
a cabin or other structure located outside of designated wilderness 
areas and not otherwise under permit under this section (or under permit 
for only a portion of the year) as a public use cabin. Such designated 
public use cabins are intended for short term recreational use and 
occupancy only.
    (ii) The Superintendent may establish conditions and develop an 
allocation system in order to manage the use of designated public use 
cabins.
    (iii) The Superintendent shall mark all public use cabins with a 
sign and shall maintain a map showing their locations.
    (6) Cabins in wilderness areas. The use and occupancy of a cabin or 
other structure located in a designated wilderness area are subject to 
the other applicable provisions of this section, and the following 
conditions:
    (i) A previously existing public use cabin located within wilderness 
designated by ANILCA may be allowed to remain and may be maintained or 
replaced subject to such restrictions as the Superintendent finds 
necessary to preserve the wilderness character of the area. As used in 
this paragraph, the term ``previously existing public use cabin'' means 
a cabin or other structure which, on November 30, 1978, was recognized 
and managed by a Federal land managing agency as a structure available 
for general public use.
    (ii) Within a wilderness area designated by ANILCA, a new public use 
cabin or shelter may be constructed, maintained and used only if 
necessary for the protection of the public health and safety.
    (iii) A cabin or other structure located in a designated wilderness 
area may not be designated, assigned or used for commercial purposes, 
except that designated public use cabins may be used in conjunction with 
commercial guided visitor services, but not to the exclusion of the 
general public.
    (7) Use of temporary facilities related to the taking of fish and 
wildlife. (i) In a national preserve where the taking of fish and 
wildlife is permitted, the construction, maintenance or use of a 
temporary campsite, tent platform, shelter or other temporary facility 
or equipment directly and necessarily related to such activities is 
prohibited except pursuant to the terms of a permit issued by the 
Superintendent. This requirement applies only to a temporary facility 
that will remain in place for a period longer than 14 days.
    (ii) Permit application. In order to obtain or renew a permit, a 
person shall submit an application. In the case of an application to 
renew a permit issued pursuant to this paragraph, if no circumstance 
relating to the permittee's occupancy and use of the structure has 
changed in the interim, applicable material submitted by the permittee 
to satisfy the original application requirements is considered 
sufficient and need not be resubmitted. The following information is 
required to be included in a permit application:
    (A) An explanation of the applicant's need for the temporary 
facility, including a description of the applicant's hunting and fishing 
activities relevant to his or her need for the facility;
    (B) A diagram, sketch or photograph of the temporary facility;
    (C) A map that shows the geographic location of the temporary 
facility; and
    (D) A description of both the past use (if any) and the desired use 
of the temporary facility, including a schedule for its projected use 
and removal. All information may be provided orally except the diagram, 
sketch or photograph of the facility and the map.
    (iii) Permit issuance. (A) In making a decision on a permit 
application, the Superintendent shall determine whether a temporary 
facility is ``directly and necessarily related to'' the applicant's

[[Page 185]]

legitimate hunting and fishing activities by examining the applicant's 
particular circumstances, including, but not limited to his or her 
reasonable need for a temporary facility and any reasonable alternatives 
available that are consistent with the applicant's needs. The 
Superintendent shall also consider whether the proposed use would 
constitute an expansion of existing facilities or use and would be 
detrimental to the purposes for which the national preserve was 
established. If the Superintendent finds that the proposed use would 
either constitute an expansion above existing levels or be detrimental 
to the purposes of the preserve, he/she shall deny the permit. The 
Superintendent may authorize the replacement or relocation within the 
national preserve of an existing temporary facility or structure.
    (B) The Superintendent shall deny an application for a proposed use 
that would exceed a ceiling or allocation established pursuant to the 
national preserve's General Management Plan.
    (iv) Permit terms. The Superintendent shall allow for use and 
occupancy of a temporary facility only to the extent that such facility 
is directly and necessarily related to the permittee's hunting and 
fishing activities, and shall provide that the temporary facility be 
used and maintained in a manner consistent with the protection of the 
values and purposes of the park area in which it is located. The 
Superintendent may also establish permit terms that:
    (A) Limit use to a specified period, not to exceed the applicable 
hunting or fishing season and such additional brief periods necessary to 
maintain the facility before and after the season;
    (B) Require the permittee to remove a temporary facility and all 
associated personal property from the park area upon termination of the 
permittee's hunting and fishing activities and related use of the 
facility or on a specific date;
    (C) Require reasonable seasonal relocation of a temporary facility 
in order to protect the values and purposes for which the park area was 
established;
    (D) Require that a temporary facility be used on a shared basis and 
not exclusively by the permittee; and
    (E) Limit the overall term of a permit to a reasonable period of 
time, not to exceed one year.
    (8) New cabins and other structures otherwise authorized by law. The 
Superintendent may issue a permit for the construction, temporary use, 
occupancy, and maintenance of a cabin or other structure which is 
authorized by law but not governed by any other paragraph in this 
section.

[51 FR 33484, Sept. 19, 1986]