[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR13.30]

[Page 196-197]
 
              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. 13.30  Closure procedures.

    (a) Authority. The Superintendent may close an area or restrict an 
activity on an emergency, temporary, or permanent basis.
    (b) Criteria. In determining whether to close an area or restrict an 
activity on an emergency basis, the Superintendent shall be guided by 
factors such as public health and safety, resource protection, 
protection of cultural or scientific values, subsistence uses, 
endangered or threatened species conservation, and other management 
considerations necessary to ensure that the activity or area is being 
managed in a manner compatible with the purposes for which the park area 
was established.
    (c) Emergency Closures. (1) Emergency closures or restrictions 
relating to the

[[Page 197]]

use of aircraft, snowmachines, motorboats, or nonmotorized surface 
transportation shall be made after notice and hearing; (2) emergency 
closures or restrictions relating to the taking of fish and wildlife 
shall be accompanied by notice and hearing; (3) other emergency closures 
shall become effective upon notice as prescribed in Sec. 13.30(f); and 
(4) no emergency closure or restriction shall extend for a period 
exceeding 30 days, nor may it be extended.
    (d) Temporary closures or restrictions. (1) Temporary closures or 
restrictions relating to the use of aircraft, snowmachines, motorboats, 
or nonmotorized surface transportation or to the taking of fish and 
wildlife, shall not be effective prior to notice and hearing in the 
vicinity of the area(s) directly affected by such closures or 
restrictions, and other locations as appropriate; (2) other temporary 
closures shall be effective upon notice as prescribed in Sec. 13.30(f); 
(3) temporary closures or restrictions shall not extend for a period 
exceeding 12 months and may not be extended.
    (e) Permanent closures or restrictions. Permanent closures or 
restrictions shall be published as rulemaking in the Federal Register 
with a minimum public comment period of 60 days and shall be accompanied 
by public hearings in the area affected and other locations as 
appropriate.
    (f) Notice. Emergency, temporary and permanent closures or 
restrictions shall be (1) published in at least one newspaper of general 
circulation in the State and in at least one 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 Superintendent and other places 
convenient to the public; or (2) designated by the posting of 
appropriate signs; or (3) both.
    (g) Openings. In determining whether to open an area to public use 
or activity otherwise prohibited, the Superintendent 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.
    (h) Except as otherwise specifically permitted under the provisions 
of this part, entry into closed areas or failure to abide by 
restrictions established under this section is prohibited.