[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: 36CFR13.45]

[Page 200]
 
              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 B_Subsistence
 
Sec. 13.45  Prohibition of aircraft use.

    (a) Notwithstanding the provisions of Sec. 13.12 the use of 
aircraft for access to or from lands and waters within a national park 
or monument for purposes of taking fish or wildlife for subsistence uses 
within the national park or monument is prohibited except as provided in 
this section.
    (b) Exceptions. (1) In extraordinary cases where no reasonable 
alternative exists, the Superintendent shall permit, pursuant to 
specified terms and conditions, a local rural resident of an ``exempted 
community'' to use aircraft for access to or from lands and water within 
a national park or monument for purposes of taking fish or wildlife for 
subsistence uses.
    (i) A community shall quality as an ``exempted community'' if, 
because of the location of the subsistence resources upon which it 
depends and the extraordinary difficulty of surface access to these 
subsistence resources, the local rural residents who permanently reside 
in the community have no reasonable alternative to aircraft use for 
access to these subsistence resources.
    (ii) A community which is determined, after notice and comment 
(including public hearing in the affected local vicinity), to meet the 
description of an ``exempted community'' set forth in paragraph (b)(1) 
of this section shall be included in the appropriate special regulations 
for each park and monument set forth in Subpart C of this part.
    (iii) A community included as an ``exempted community'' in Subpart C 
of this part may be deleted therefrom upon a determination, after notice 
and comment (including public hearing in the affected local vicinity), 
that it does not meet the description of an ``exempted community'' set 
forth in paragraph (b)(1) of this section.
    (2) Any local rural resident aggrieved by the prohibition on 
aircraft use set forth in this section may apply for an exception to the 
prohibition pursuant to the procedures set forth in Sec. 13.51. In 
extraordinary cases where no reasonable alternative exists, the 
Superintendent may grant the exception upon a determination that the 
location of the subsistence resources depended upon and the difficulty 
of surface access to these resources, or other emergency situation, 
requires such relief.
    (c) Nothing in this section shall prohibit the use of aircraft for 
access to lands and waters within a national park or monument for 
purposes of engaging in any activity allowed by law other than the 
taking of fish and wildlife. Such activities include, but are not 
limited to, transporting supplies.