[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: 43CFR36.12]

[Page 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. 36.12  Temporary access.

    (a) For the purposes of this section, the term:
    (1) Area also includes public lands administered by the BLM 
designated as wilderness study areas or managed to maintain the 
wilderness character or potential thereof, and the National Petroleum 
Reserve--Alaska.
    (2) Temporary access means limited, short-term (i.e., up to one year 
from issuance of the permit) access which does not require permanent 
facilities for access to State or private lands.
    (b) This section is applicable to State and private landowners who 
desire temporary access across an area for the purposes of survey, 
geophysical, exploratory and other temporary uses of such non-federal 
lands, and where such temporary access is not affirmatively provided for 
in Secs. 36.10 and 36.11. State and private landowners meeting the 
criteria of Sec. 36.10(b) are directed to use the procedures of 
Sec. 36.10 to obtain temporary access.
    (c) A landowner requiring temporary access across an area for 
survey, geophysical, exploratory or similar temporary activities shall 
apply to the appropriate Federal agency for an access permit by 
providing the relevant information requested in the SF 299.
    (d) The appropriate Federal agency shall grant the desired temporary 
access whenever it is determined, after compliance with the requirements 
of NEPA, that such access will not result in permanent harm to the 
area's resources. The area manager shall include in any permit granted 
such stipulations and conditions on temporary access as are necessary to 
ensure that the access granted would not be inconsistent with the 
purposes for which the area was established and to ensure that no 
permanent harm will result to the area's resources and section 810 of 
ANILCA is complied with.