36 CFR 1.5 - Closures and public use limits.
(a) Consistent with applicable legislation and Federal administrative policies, and based upon a determination that such action is necessary for the maintenance of public health and safety, protection of environmental or scenic values, protection of natural or cultural resources, aid to scientific research, implementation of management responsibilities, equitable allocation and use of facilities, or the avoidance of conflict among visitor use activities, the superintendent may:
(1) Establish, for all or a portion of a park area, a reasonable schedule of visiting hours, impose public use limits, or close all or a portion of a park area to all public use or to a specific use or activity.
(2) Designate areas for a specific use or activity, or impose conditions or restrictions on a use or activity.
(3) Terminate a restriction, limit, closure, designation, condition, or visiting hour restriction imposed under paragraph (a)(1) or (2) of this section.
(b) Except in emergency situations, a closure, designation, use or activity restriction or condition, or the termination or relaxation of such, which is of a nature, magnitude and duration that will result in a significant alteration in the public use pattern of the park area, adversely affect the park's natural, aesthetic, scenic or cultural values, require a long-term or significant modification in the resource management objectives of the unit, or is of a highly controversial nature, shall be published as rulemaking in the Federal Register.
(c) Except in emergency situations, prior to implementing or terminating a restriction, condition, public use limit or closure, the superintendent shall prepare a written determination justifying the action. That determination shall set forth the reason(s) the restriction, condition, public use limit or closure authorized by paragraph (a) has been established, and an explanation of why less restrictive measures will not suffice, or in the case of a termination of a restriction, condition, public use limit or closure previously established under paragraph (a), a determination as to why the restriction is no longer necessary and a finding that the termination will not adversely impact park resources. This determination shall be available to the public upon request.
(d) To implement a public use limit, the superintendent may establish a permit, registration, or reservation system. Permits shall be issued in accordance with the criteria and procedures of § 1.6 of this chapter.
(e) Except in emergency situations, the public will be informed of closures, designations, and use or activity restrictions or conditions, visiting hours, public use limits, public use limit procedures, and the termination or relaxation of such, in accordance with § 1.7 of this chapter.
(f) Violating a closure, designation, use or activity restriction or condition, schedule of visiting hours, or public use limit is prohibited.
Title 36 published on 19-Apr-2017 03:27
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 36 CFR Part 1 after this date.
- 36 CFR 3.7 — What Are the NPS Personal Floatation Device (PFD) Requirements?
- 36 CFR 3.3 — Am I Required to Obtain a Permit to Operate a Vessel in a Park Area?
- 36 CFR 3.18 — May I Snorkel or Underwater Dive in Park Waters?
- 36 CFR 2.35 — Alcoholic Beverages and Controlled Substances.
- 36 CFR 2.3 — Fishing.
- 36 CFR 4.10 — Travel on Park Roads and Designated Routes.
- 36 CFR 1.7 — Public Notice.
- 36 CFR 7.13 — Yellowstone National Park.
- 36 CFR 1.8 — Information Collection.
- 36 CFR 7.22 — Grand Teton National Park.
- 36 CFR 7.27 — Dry Tortugas National Park.
- 36 CFR 7.45 — Everglades National Park.
- 36 CFR 7.20 — Fire Island National Seashore.
- 36 CFR 7.3 — Glacier National Park.
- 36 CFR 3.17 — What Regulations Apply to Swimming Areas and Beaches?
- 36 CFR 7.65 — Assateague Island National Seashore.
- 36 CFR 7.7 — Rocky Mountain National Park.
- 36 CFR 7.8 — Sequoia and Kings Canyon National Parks.
- 36 CFR 2.11 — Picnicking.
- 36 CFR 3.8 — What Vessel Operations Are Prohibited?
- 36 CFR 3.16 — May I Swim or Wade in Park Waters?
- 36 CFR 2.2 — Wildlife Protection.
- 36 CFR 2.1 — Preservation of Natural, Cultural and Archeological Resources.
- 36 CFR 1501.1 — Cross Reference to National Park Service Regulations.
- 36 CFR 3.12 — May I Use a Vessel to Tow a Person for Water Skiing or Other Similar Activities?
- 36 CFR 13.960 — Who Determines When There Is Adequate Snow Cover?
- 36 CFR 13.1130 — Is Commercial Fishing Authorized in the Marine Waters of Glacier Bay National Park?