[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR13.50]

[Page 200-201]
 
              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_General Provisions
 
Sec.  13.50  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 taking of fish and wildlife shall be accomplished by 
notice and hearing.
    (2) Other emergency closures shall become effective upon notice as 
prescribed in paragraph (f) of this section; and
    (3) 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 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;

[[Page 201]]

    (2) Temporary closures shall be effective upon notice as prescribed 
in paragraph (f) of this section; and
    (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;
    (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) Facility closures and restrictions. The Superintendent may close 
or restrict specific facilities for reasons of public health, safety, 
and protection of public property for the duration of the circumstance 
requiring the closure or restriction. Notice of facility closures and 
restrictions will be available for inspection at the park visitor 
center. Notice will also be posted near or within the facility, 
published in a newspaper of general circulation in the affected 
vicinity, or made available to the public by such other means as deemed 
appropriate by the Superintendent. Violating facilities closures or 
restrictions is prohibited.
    (i) 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.