[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: 36CFR13.51]

[Page 203]
 
              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. 13.51  Application procedures for subsistence permits and aircraft 
exceptions.

    (a) Any person applying for the subsistence permit required by Sec. 
13.44(a), or the exception to the prohibition on aircraft use provided 
by Sec. 13.45(b)(2), shall submit his/her application to the 
Superintendent of the appropriate national park or monument. If the 
applicant is unable or does not wish to submit the application in 
written form, the Superintendent shall provide the applicant an 
opportunity to present the application orally and shall keep a record of 
such oral application. Each application must include (1) a statement 
which acknowledges that providing false information in support of the 
application is a violation of Section 1001 of Title 18 of the United 
States Code, and (2) additional statements or documentation which 
demonstrates that the applicant satisfies the criteria set forth in 
Sec. 13.44(a) for a subsistence permit or Sec. 13.45(b)(2) for the 
aircraft exception, as appropriate. Except in extraordinary cases for 
good cause shown, the Superintendent shall decide whether to grant or 
deny the application in a timely manner not to exceed forty-five (45) 
days following the receipt of the completed application. Should the 
Superintendent deny the application, he/she shall include in the 
decision a statement of the reasons for the denial and shall promptly 
forward a copy to the applicant.
    (b) An applicant whose application has been denied by the 
Superintendent has the right to have his/her application reconsidered by 
the Alaska Regional Director by contacting the Regional Director within 
180 days of the issuance of the denial. The Regional Director may extend 
the 180-day time limit to initiate a reconsideration for good cause 
shown by the applicant. For purposes of reconsideration, the applicant 
shall present the following information:
    (1) Any statement or documentation, in addition to that included in 
the initial application, which demonstrates that the applicant satisfies 
the criteria set forth in paragraph (a) of this section;
    (2) The basis for the applicant's disagreement with the 
Superintendent's findings and conclusions; and
    (3) Whether or not the applicant requests an informal hearing before 
the Regional Director.
    (c) The Regional Director shall provide a hearing if requested by 
the applicant. After consideration of the written materials and oral 
hearing, if any, and within a reasonable period of time, the Regional 
Director shall affirm, reverse, or modify the denial of the 
Superintendent and shall set forth in writing the basis for the 
decision. A copy of the decision shall be forwarded promptly to the 
applicant and shall constitute final agency action.