[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR36.11]

[Page 537-539]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 36--TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS, AND ACCESS INTO, CONSERVATION SYSTEM UNITS IN ALASKA--Table of Contents
 
Sec. 36.11  Special access.

    (a) This section implements the provisions of section 1110(a) of 
ANILCA regarding use of snowmachines, motorboats, nonmotorized surface 
transportation, aircraft, as well as off-road vehicle use.

As used in this section, the term:
    (1) Area also includes public lands administered by the BLM and 
designated as wilderness study areas.
    (2) Adequate snow cover shall mean snow of sufficient depth, 
generally 6-12 inches or more, or a combination of snow and frost depth 
sufficient to protect the underlying vegetation and soil.
    (b) Nothing in this section affects the use of snowmobiles, 
motorboats and nonmotorized means of surface transportation 
traditionally used by rural residents engaged in subsistence activities, 
as defined in Tile VIII of ANILCA.
    (c) The use of snowmachines (during periods of adquate snow cover 
and frozen river conditions) for traditional activities (where such 
activities are permitted by ANILCA or other law) and for travel to and 
from villages and homesites and other valid occupancies is permitted 
within the areas, except where such use is prohibited or otherwise 
restricted by the appropriate Federal agency in accordance with the 
procedures of paragraph (h) of this section.
    (d) Motorboats may be operated on all area waters, except where such 
use is prohibited or otherwise restricted by the appropriate Federal 
agency in accordance with the procedures of paragraph (h) of this 
section.
    (e) The use of nonmotorized surface transportation such as domestic 
dogs, horses and other pack or saddle animals is permitted in areas 
except

[[Page 538]]

where such use is prohibited or otherwise restricted by the appropriate 
Federal agency in accordance with the procedures of paragraph (h) of 
this section.
    (f) Aircraft. (1) Fixed-wing aircraft may be landed and operated on 
lands and waters within areas, except where such use is prohibited or 
otherwise restricted by the appropriate Federal agency, including 
closures or restrictions pursuant to the closures of paragraph (h) of 
this section. The use of aircraft for access to or from lands and waters 
within a national park or monument for purposes of taking fish and 
wildlife for subsistence uses therein is prohibited, except as provided 
in 36 CFR 13.45. The operation of aircraft resulting in the harassment 
of wildlife is prohibited.
    (2) In imposing any prohibitions or restrictions on fixed-wing 
aircraft use the appropriate Federal agency shall:
    (i) Publish notice of prohibition or restrictions in ``Notices to 
Airmen'' issued by the Department of Transportation; and
    (ii) Publish permanent prohibitions or restrictions as a regulatory 
notice in the United States Flight Information Service ``Supplement 
Alaska.''
    (3) Except as provided in paragraph (f)(3)(i) of this section, the 
owners of any aircraft downed after December 2, 1980, shall remove the 
aircraft and all component parts thereof in accordance with procedures 
established by the appropriate Federal agency. In establishing a removal 
procedure, the appropriate Federal agency is authorized to establish a 
reasonable date by which aircraft removal operations must be complete 
and determine times and means of access to and from the downed aircraft.
    (i) The appropriate Federal agency may waive the requirements of 
this paragraph upon a determination that the removal of downed aircraft 
would constitute an unacceptable risk to human life, or the removal of a 
downed aircraft would result in extensive resource damage, or the 
removal of a downed aircraft is otherwise impracticable or impossible.
    (ii) Salvaging, removing, possessing or attempting to salvage, 
remove or possess any downed aircraft or component parts thereof is 
prohibited, except in accordance with a removal procedure established 
under this paragraph and as may be controlled by the other laws and 
regulations.
    (4) The use of a helicopter in any area other than at designated 
landing areas pursuant to the terms and conditions of a permit issued by 
the appropriate Federal agency, or pursuant to a memorandum of 
understanding between the appropriate Federal agency and another party, 
or involved in emergency or search and rescue operations is prohibited.
    (g) Off-road vehicles. (1) The use of off-road vehicles (ORV) in 
locations other than established roads and parking areas is prohibited, 
except on routes or in areas designated by the appropriate Federal 
agency in accordance with Executive Order 11644, as amended or pursuant 
to a valid permit as prescribed in paragraph (g)(2) of this section or 
in Sec. 36.10 or Sec. 36.12.
    (2) The appropriate Federal agency is authorized to issue permits 
for the use of ORVs on existing ORV trails located in areas (other than 
in areas designated as part of the National Wilderness Preservation 
System) upon a finding that such ORV use would be compatible with the 
purposes and values for which the area was established. The appropriate 
Federal agency shall include in any permit such stipulations and 
conditions as are necessary for the protection of those purposes and 
values.
    (h) Closure procedures. (1) The appropriate Federal agency may close 
an area on a temporary or permanent basis to use of aircraft, 
snowmachines, motorboats or nonmotorized surface transportation only 
upon a finding by the agency that such use would be detrimental to the 
resource values of the area.
    (2) Temporary closures. (i) Temporary closures shall not be 
effective prior to notice and hearing in the vicinity of the area(s) 
directly affected by such closures and other locations as appropriate.
    (ii) A temporary closure shall not exceed 12 months.
    (3) Permanent closures shall be published by rulemaking in the 
Federal Register with a minimum public comment period of 60 days and 
shall not be

[[Page 539]]

effective until after a public hearing(s) is held in the affected 
vicinity and other locations as deemed appropriate by the appropriate 
Federal agency.
    (4) Temporary and permanent closures shall be: (i) Published at 
least once in a newspaper of general circulation in Alaska and in a 
local newspaper, if available; posted at community post offices within 
the vicinity affected; made available for broadcast on local radio 
stations in a manner reasonably calculated to inform residents in the 
affected vicinity; and designated on a map which shall be available for 
public inspection at the office of the appropriate Federal agency and 
other places convenient to the public; or
    (ii) Designated by posting the area with appropriate signs; or
    (iii) Both.
    (5) In determining whether to open an area that has previously been 
closed pursuant to the provisions of this section, the appropriate 
Federal agency shall provide notice in the Federal Register and shall, 
upon request, hold a hearing in the affected vicinity and other 
locations as appropriate prior to making a final determination.
    (6) Nothing in this section shall limit the authority of the 
appropriate Federal agency to restrict or limit uses of an area under 
other statutory authority.
    (i) Except as otherwise specifically permitted under the provisions 
of this section, entry into closed areas or failure to abide by 
restrictions established under this section is prohibited.
    (j) Any person convicted of violating any provision of the 
regulations contained in this section, or as the same may be amended or 
supplemented, may be punished by a fine or by imprisonment in accordance 
with the penalty provisions applicable to the area.

[51 FR 31629, Sept. 4, 1986; 51 FR 36011, Oct. 8, 1986]