[Federal Register Volume 59, Number 143 (Wednesday, July 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18175]
[[Page Unknown]]
[Federal Register: July 27, 1994]
_______________________________________________________________________
Part VI
Department of the Interior
_______________________________________________________________________
Fish and Wildlife Service
_______________________________________________________________________
50 CFR Part 36
Regulations for the Management of Cabins on National Wildlife Refuges
in Alaska; Final Rule
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 36
RIN 1018-AB46
Regulations for the Management of Cabins on National Wildlife
Refuges in Alaska
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: This rule clarifies, updates and modifies existing regulations
on the management of cabins on national wildlife refuges (refuges) in
Alaska. These regulations are necessary in order to comply with the
National Wildlife Refuge System Administration Act of 1966 and the
Alaska National Interest Lands Conservation Act of 1980 (ANILCA)
concerning the administration of cabins on Alaska refuges. These
regulations are being revised to ensure proper and uniform management
of all cabins on national wildlife refuges in Alaska. In addition, a
technical amendment is made to eliminate reference to sections
regarding general provisions which have been removed earlier.
EFFECTIVE DATE: This rule is effective August 26, 1994.
ADDRESSES: U.S. Fish and Wildlife Service, 1011 East Tudor Road,
Attention: Daryl Lons, Anchorage, Alaska 99503.
FOR FURTHER INFORMATION CONTACT: Daryl Lons at the address above;
Telephone: (907) 786-3354.
SUPPLEMENTARY INFORMATION:
Background
Sections 1303 and 1315 of ANILCA (16 U.S.C. 3193 and 3203) allow
the Secretary of the Interior to permit cabins on refuges in Alaska
under certain conditions. Section 304 of ANILCA reemphasizes the
authority of the Secretary to prescribe such regulations as necessary
to ensure the compatibility of uses with refuge purposes.
The original cabin policy for the U.S. Fish and Wildlife Service
(Service) was developed in 1981 and revised in 1984. This policy was
the basis for regulations printed in the Code of Federal Regulations
Title 50. In September 1987, the Service, believing revisions of the
existing cabin policy and regulations were needed, published a Draft
Cabin Management Policy for Cabins on National Wildlife Refuges in
Alaska. The purpose of the cabin policy is to provide uniform guidance
to both the public and refuge managers on human use and occupancy of
cabins located on refuges in Alaska. The policy further serves to
define under what conditions use and occupancy of a cabin may be
compatible with the purposes for which the refuge was established.
Comments and suggestions on the draft policy were solicited during
a 60-day public review period. The Service made extensive revisions in
response to the comments. Because of the number and nature of revisions
made, the Service published a revised draft of the policy in December
1988 to give the public another opportunity to comment before the
policy was made final.
The revised draft was completely reorganized. It better described
the objectives of the policy and set forth the guidelines needed to
comply with ANILCA and the National Wildlife Refuge System
Administration Act of 1966. The comment period for the revised draft
was also 60 days. The final cabin policy was issued in August, 1989.
The next step in the process was to publish proposed rules to
afford the public an opportunity to participate in the rulemaking
process and solicit public comment. A proposed rule was published in
the Federal Register on April 25, 1991 (56 FR 19074). The proposed rule
had a 60 day public comment period and public hearings were held in
Anchorage and Fairbanks, Alaska.
Both the proposed and the final rules contain significantly more
guidance relating to cabin management than existing regulations.
However, only minor changes are made in permit application procedures.
The existing requirement that individuals apply for nontransferable
renewable five year special use permits is retained. However, this
final rule requires two additional items (date of construction or
acquisition of the cabin and the dimensions of the cabin and related
structures) to be submitted in the application. In addition to the
increased application requirements, the rule has additional
requirements of permittees such as getting permission from the refuge
manager before major modification or rehabilitation is conducted on
existing cabins.
Summary of Public Comments
Four persons presented oral comments at the public hearings and the
Service received an additional eight letters providing written comments
from the public. A number of changes were made in the final rule from
the proposed rule after consideration of all public comments received.
Some comments requested changes that were not made, however, and
the Service first addresses these comments as noted below.
(a) Exemptions for Certain Types of Facilities
Comment: The regulations should exempt facilities such as
headquarters sites, visitor centers, and state facilities used to
support fish and wildlife related management.
Response: It is the Service's position that cabins used by the
State for support of fish and wildlife related management are
administrative cabins and should not be exempted from the regulations.
Visitor centers and headquarters sites do not need to be exempted since
they are not within the scope of the cabin regulations.
(b) Access
Comment: The final cabin regulations should address rights of
access.
Response: The Service does not believe it is necessary to repeat
such language in the cabin regulations since the intent of ANILCA
Section 1110(a) regarding access is already articulated in 50 CFR 36.12
and 43 CFR Part 36.
(c) Definition of Family and Immediate Family
Comment: The definition of ``family'' should be broadened and the
definition of ``immediate family'' should be deleted.
Response: The definitions, as proposed, fully meet the intent of
ANILCA Section 1303(c)(1) regarding permit renewal for the life of
claimants and immediate family. The definition of ``immediate family''
was broadened by deleting ``legal'' from the term ``legal spouse.''
(d) Public Use of Seasonally Permitted Cabins
Comment: The definition of ``public use cabin'' should be revised
to allow seasonally permitted cabins to also be used as public use
cabins during the other parts of the year.
Response: The Service does not have the authority to allow use of
``existing'' cabins which are privately owned. Although ``new'' cabins
are government property, the permittees usually have a considerable
amount of private property in and around the cabin. The Service does
not believe it is reasonable to make the permittees' private belongings
accessible to the public or require the permittees to seasonally remove
all of their property.
(e) Permits for New Cabins Generally Only for Subsistence Purposes
Comment: The language ``In general, new cabin permits will be given
only to local residents to pursue a legitimate subsistence
activity[.]'' should be deleted.
Response: This statement meets the intent of ANILCA and the Service
believes it is appropriate to include in the regulations.
(f) Construction and Use of Cabins in Wilderness Areas
Comment: The language which only allows new cabins to be
constructed in wilderness areas that are built specifically for the
administration of the area, for public safety, or for trapping where
trapping has been a traditional and customary use should be deleted.
Response: The language as proposed meets the intent of the
Wilderness Act, as well as ANILCA, and is appropriate to include in the
regulations.
(g) Guests in Cabins
Comment: There was some objection to the requirement that guests
occupying a cabin during the absence of the permittee are required to
obtain a letter of authorization from the permittee.
Response: Unauthorized use and vandalism of permitted cabins has
been a problem in the past. The Service believes this is a reasonable
requirement to reduce the problem.
(h) Recreational Use
Comment: One commenter recommended revising the language ``No
special use permit will be issued for the construction of a cabin for
private recreational use or for the private recreational use of an
existing cabin'' in order to comply with a recent court case.
Response: The language as proposed does comply with the decision of
the court. The case simply made it clear that permittees and their
guests have the right to recreate while occupying cabins for which
permits were issued for purposes other than recreation.
(i) Nontransferable Permits
Comment: It was recommended that permits for existing cabins be
transferable to another person at the election or death of the original
permittee.
Response: Nontransferability is a condition of all Service special
use permits, regardless of the use being authorized. The requirement is
consistent with ANILCA and is appropriate to be included in the
regulations.
(j) Compatibility Criteria
Comment: The criteria for determining cabin compatibility should be
included in the regulations.
Response: Compatibility determinations are site specific and relate
directly to the specific purposes for which each refuge was
established. The 16 refuges established/redesignated by ANILCA have
different purposes.
(k) Relationship of Proposed Regulations With Policy
Comment: The intent, clarifications, and directions in the
Service's cabin policy should be included in the regulations or be
adopted by reference.
Response: The Service's cabin policy was widely distributed to the
public and is available by request to all interested parties. Some of
the information in the policy is of a subjective nature which is not
appropriate for regulations. All elements of the Service's cabin policy
that were determined to be appropriate as regulatory language were
included in the regulations.
(l) Environmental Protection Requirements
Comment: Language should be included that recognizes there are
other Federal and State regulations governing environmental compliance
with activities associated with cabins (e.g., disposal of sewage and
solid waste, drinking water, fuel storage, etc.).
Response: Standard conditions of all special use permits issued by
the Service require the permittees to follow other applicable State and
Federal regulations. Therefore, the inclusion of regulatory language
referencing other applicable regulations is not necessary.
(m) Late Application for Existing Cabins
Comment: The requirement that claimants who fail to meet
application deadlines for ``existing'' cabins (within one year from the
date these regulations are published) will only be allowed to apply for
``new'' cabins, no matter when the cabin was built or first used should
be deleted.
Response: The regulations provide a one year application period
following the effective date of the regulations. The Service believes
that the deadline is reasonable since regulations requiring the permits
have been in place since 1981 and considerable time and effort has been
expended in notifying cabin occupants.
(n) Other Related Structures
Comment: The definition of ``other related structures'' should be
revised to clarify that the term only includes those structures in the
vicinity and directly related to the operation of a cabin. The
commenter also requested clarification that temporary facilities may
also occur under other regulations unrelated to the cabin regulations.
Response: The Service believes that the context of the definition
makes it clear that the other related structures only include those
associated with cabins. A statement that temporary facilities may be
authorized under other regulations is irrelevant to the cabin
regulations.
We appreciate these comments; however, as noted, the Service did
not make substantive changes to reflect such requests for revisions for
the reasons stated above.
The following is a section by section analysis of all substantive
changes that the Service made in the final rule.
Analysis of Changes Made to the Proposed Rule
Section 36.33(a) Definitions
A definition for commercial cabin was included in this section for
clarification purposes. The definition of immediate family was revised
in response to two public comments. The definition of guest was revised
in response to one public comment. A definition for the term private
recreational use was included in this section in response to one public
comment. The definition of trespass cabin was deleted, in response to
one comment which pointed out that the term was not used in the
regulations other than as a definition.
Section 36.33(b) All cabins.
A clarification was made that the regulations only apply on public
lands within refuges and do not apply to temporary facilities in
response to one comment. Descriptions of the terms ``adequate notice''
for unclaimed cabins and ``administrative process'' for permit
revocation were included in response to one comment.
Section 36.33(c) Existing cabins.
A provision was included in paragraph (1) regarding the privileges
and rights of existing cabin users in response to one comment. The
period for applications for permits for existing cabins which are not
currently under a valid permit was revised from 90 days to one year
following the effective date of these regulations. This was done in
response to two comments. Vandalism was included in paragraph (5) as a
cause to reconstruct existing cabins in response to one comment.
Section 36.33(d) New cabins.
The sentence, ``The activity must be traditional and customary for
the applicant and the area, and the need for a cabin must be clearly
proven.'' was deleted from the language of paragraph 1 in response to
two public comments.
Section 36.33(e) Commercial cabins.
Clients were added to the list of persons that can occupy
commercial cabins in response to one comment.
Conformance With Statutory and Regulatory Authorities
The impact of these regulations on subsistence uses has been
evaluated as required by Section 810 of ANILCA. Subsistence use and
access are expected to differ little from existing use. The regulations
are consistent with the purposes and intent of Section 810 and will
result in no significant restrictions on subsistence activities.
Properly regulated and managed cabin use is consistent with the
purposes for which the various refuges in Alaska were established.
National Environmental Policy Act Compliance
The promulgation of these cabin management regulations would
generally maintain the status quo existing under the current rules.
Additionally, changes in environmental effects would be negligible.
Therefore the implementation of regulations relative to cabin
management on refuges in Alaska is determined to be a categorical
exclusion as detailed in the Department of Interior Manual (516 DM 6,
Appendix 1). An Environmental Action Memorandum documenting this
decision was signed on June 7, 1990.
Paperwork Reduction Act
The collections of information contained in Section 36.33 have been
approved by the Office of Management and Budget for approval as
required by 44 U.S.C. 3501 et seq. and assigned clearance number 1018-
0077.
Economic Effects
This rulemaking was not subject to Office of Management and Budget
review under Executive Order 12866. A review under the Regulatory
Flexibility Act of 1980 (5 U.S.C. 601 et seq.) has been done to
determine whether the rulemaking would have a significant effect on a
substantial number of small entities, which include businesses,
organizations or governmental jurisdictions. This rulemaking would have
no significant effect on such entities as, in most cases, this merely
continues pre-existing uses of public lands.
Technical Amendment
Section 36.3 Information Collection refers to Sec. 36.21(f) with
respect to receiving a benefit. This section has previously been
removed; therefore, this rulemaking will revise Section 36.3 to remove
all reference to that section.
Primary Author
Daryle Lons, Refuges and Wildlife, Alaska Regional Office, U.S.
Fish and Wildlife Service, Anchorage, Alaska, is the primary author of
this rulemaking document.
List of Subjects in 50 CFR Part 36
Alaska, Recreation and recreation areas, Reporting and
recordkeeping requirements, Wildlife refuges.
For the reasons set out in the preamble, Part 36 of Title 50 of the
Code of Federal Regulations (CFR) is amended as follows:
PART 36--[AMENDED]
1. The authority citation for Part 36 continues to read as follows:
Authority: 16 U.S.C 460(k) et seq., 668dd et seq., 742(a) et
seq., 3101 et seq., and 44 U.S.C. 3501 et seq.
2. Section 36.3 is revised to read as follows:
Sec. 36.3 Information collection.
The information collection requirements contained in this part have
been approved by the Office of Management and Budget under 44 U.S.C. et
seq. and assigned clearance number 1018-0077. The information is being
collected to assist the Service in administering these programs and,
particularly, in the issuance of permits and the granting of statutory
or administrative benefits. The information requested in the
application form is required to obtain a benefit. The public reporting
burden for this collection of information is estimated to average 1.5
hours per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining data needed,
and completing and reviewing the collection of information. Send
comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing the
burden, to Information Collection Clearance Officer, MS 224 ARLSQ, U.S.
Fish and Wildlife Service, Department of the Interior, Washington, DC
20240; and the Office of Management and Budget, Paperwork Reduction
Project (1018-0077), Washington, DC 20530.
3. Section 36.33 is revised to read as follows:
Sec. 36.33 Cabins and other related structures.
(a) Definitions. As used in this section, the term:
(1) Administrative cabin shall mean any cabin only used by refuge
or other authorized personnel for the administration of the refuge.
(2) Cabin shall mean a small, usually single-story, three or more
sided structure that is permanently and completely enclosed with a roof
and walls. The roof and walls are not fabric, cannot be easily
disassembled, and are not removed seasonally.
(3) Commercial cabin shall mean any cabin which is used in
association with a commercial operation including but not limited to
commercial fishing activities and recreational guiding services.
(4) Existing cabin shall mean any cabin situated on Federal lands
before December 2, 1980. A cabin legally situated on lands that
subsequently become refuge will also be considered an ``existing''
cabin providing the applicant meets the appropriate application
deadlines.
(5) Family shall include the spouse (including what is known as a
common-law relationship), children by birth or adoption, and other
blood relatives within the second degree of kindred.
(6) Guest shall mean a person who occasionally visits the permittee
in the cabin. This term does not include clients using commercial
cabins.
(7) Immediate family shall include the spouse and children, either
by birth or adoption, of the claimant residing in the cabin or
structure.
(8) New cabin shall mean any permitted cabin constructed on refuge
lands after December 2, 1980. This may also include a cabin whose
claimant failed to meet the application deadline for existing cabins
but is otherwise a permitted cabin.
(9) Other related structures shall mean those structures or devices
essential to the activities for which the cabin special use permit is
issued. This includes but is not limited to outdoor toilets, food
caches, storage sheds, and fish drying racks.
(10) Private recreational use shall mean a use associated with
leisure activities, not including bona fide subsistence uses or
authorized commercial uses.
(11) Public use cabin shall mean a cabin owned and administered by
the Fish and Wildlife Service and available for use by the public.
(b) All cabins. The regulations in this paragraph (b) shall apply
to all cabins, claimants, occupants, and guests. The regulations in
this paragraph (b) do not apply to temporary facilities: any structure
or man-made improvement which can readily be completely dismantled and
removed from the site when the period of authorized use is terminated.
(1) A special use permit is required to construct, use and/or
occupy a cabin on Fish and Wildlife Service lands within the refuge.
The permit may also authorize the use of related structures and other
necessary appurtenances.
(2) After adequate public notice has been given, unclaimed cabins
become the property of the Federal Government. Adequate public notice
shall include: Posting notices of trespass on unclaimed cabins;
publication of notices of trespass in Anchorage and Fairbanks
newspapers and in at least one local newspaper if available; and
posting notices of trespass at appropriate community post offices. A
Government-owned cabin may be used for refuge administration, used for
emergency purposes by the public, permitted to another applicant,
designated a public use cabin, or destroyed. Disposal of excess cabins
and structures will be according to regulations pursuant to Title 41,
Chapter 114 of the Code of Federal Regulations.
(3) Willful noncompliance with the conditions and stipulations of a
special use permit shall be considered grounds to invoke the
administrative process leading to notice and hearing, and possible
revocation of the permit. The refuge manager will attempt to resolve
problems of noncompliance with the permittee as soon as possible after
the situation becomes known. If this effort fails, the refuge manager
shall provide written notice to the permittee within 30 days of that
date, informing the permittee of noncompliance, giving specific
instructions for compliance and providing appropriate time for the
permittee to comply.
(4) No special use permit will be issued for the construction of a
cabin for private recreational use or for the private recreational use
of an existing cabin.
(5) Guests are allowed to occupy a cabin only during the activity
period identified on the special use permit. Guests occupying a cabin
during the absence of the permittee shall obtain a letter of
authorization from the permittee. The guest must have a copy of the
letter in his/her possession. In commercial cabins, the permittee or
another person listed on the permit must be present when the cabin is
occupied by guests or clients.
(6) A person whose permit application (new or renewal) for a cabin
has been denied or whose cabin permit has been revoked by the refuge
manager may appeal to the Regional Director as described in
Sec. 36.41(b).
(c) Existing cabins. In addition to paragraph (b) of this section,
the regulations in this paragraph (c) shall apply to all existing
cabins, claimants, occupants, and guests.
(1) Where a valid cabin permit or lease was in effect on December
2, 1980, or at the time the land was subsequently added to the refuge,
the refuge manager shall provide for the continuation of the permit or
lease under the same conditions. The new permit shall be
nontransferable and renewable every five years unless the continuation
would directly threaten or significantly impair the purposes for which
the refuge was established. The cabin and related structures are the
personal property of the claimant and can be removed by him/her upon
non-renewal or revocation. The owner of a cabin may sell his/her
interest in the cabin to another person; however, the new owner does
not automatically qualify for a permit and must apply for a new one.
(2) To obtain a special use permit for a cabin that was not under
permit or lease before December 2, 1980, or at the time the land was
subsequently added to the refuge, a claimant should submit to the
refuge manager an application that includes the following:
(i) Reasonable proof of possessory interest or right to occupy the
cabin as shown by affidavit, bill of sale, or other document.
(ii) Date of construction or acquisition.
(iii) A sketch or photograph that accurately depicts the cabin and
related structures.
(iv) The dimensions of the cabin and related structures.
(v) A U.S. Geological Survey topographic map that shows the
geographic location of the cabin and related structures.
(vi) The claimant's agreement to vacate and remove all personal
property from the cabin and related structures within one year from
receipt of a non-renewal or revocation notice.
(vii) The claimant's acknowledgment that he/she has no legal
interest in the real property on which the cabin and related structures
are located.
(viii) A list of family members residing with the claimant in the
cabin being applied for. It need only include those immediate family
members who may be eligible to renew a permit for continued use and
occupancy upon the original claimant's death (this is not applicable to
cabins used for commercial purposes).
(3) Applications for permits for existing cabins, which are not
currently under valid permits, will only be accepted for a period of
one year following the effective date of these regulations. However,
cabins that were legally located on lands that subsequently become
refuge will also be considered ``existing'' cabins. The owners will
have two years following the date the lands become refuge to apply for
a permit. Following those dates, all applications for cabins will be
for ``new'' cabins only, no matter when the cabin was built or first
used. If ownership is not established within three years after the land
becomes refuge, the cabin may be considered abandoned, and it will
become Federal property in accordance with Federal regulations.
(4) The occupancy of a noncommercial cabin is limited to the
permittee and his/her family, bona fide partners, and guests.
(5) Major modification or rehabilitation of an existing cabin must
be approved by the refuge manager before construction begins. The
modifications will be done by the permittee or designated agent and
will remain the property of the permittee. Major additions (e.g.,
larger than the original cabin) may fall under the ownership provisions
for new cabins. Although cabins destroyed by accidents, vandalism or
natural causes may be reconstructed, they must be approved by the
refuge manager before construction and must meet the construction
guidelines for new cabins, even though remaining the property of the
claimant.
(d) New cabins. In addition to paragraph (b) of this section, the
regulations in this paragraph (d) shall apply to all new cabins,
claimants, occupants, and guests.
(1) A nontransferable, five year special use permit shall only be
issued upon a determination that the proposed construction, use and
maintenance of the cabin is compatible with refuge purposes and that
the cabin use is either directly related to refuge administration or is
needed for continuation of an ongoing activity or use otherwise allowed
within the refuge where the applicant lacks a reasonable off-refuge
site. In addition, these activities must have historically been
supported by the construction and use of cabins in the geographic area.
In general, new cabin permits will be given only to local residents to
pursue a legitimate subsistence activity. In determining whether to
permit the construction, use, and occupancy of cabins or other
structures, the refuge manager shall be guided by factors such as other
public uses, public health and safety, environmental and resource
protection, research activities, protection of historic or scientific
values, subsistence uses, endangered or threatened species conservation
and other management considerations necessary to ensure that the
activities authorized pursuant to a permit are compatible with the
purposes for which the refuge was established.
(2) To obtain a special use permit for a new cabin, an applicant
should submit to the refuge manager an application that includes the
following:
(i) A sketch that accurately depicts the proposed cabin and related
structures.
(ii) The dimensions of the proposed cabin and related structures.
(iii) A U.S. Geological Survey topographic map that shows the
geographic location of the proposed cabin and related structures.
(iv) The applicant's agreement to vacate and remove all personal
property from the cabin and related structures within one year from
receipt of a non-renewal or revocation notice.
(v) The applicant's acknowledgment that he/she has no legal
interest in the cabin and related structures or in the real property on
which the cabin and related structures are located.
(vi) A list of family members residing with the applicant in the
cabin being applied for. It need only include those immediate family
members who may be eligible to renew a permit for continued use and
occupancy upon the original claimant's death.
(3) The permitting instrument shall be a nontransferable renewable
five year special use permit. It shall be renewed every five years
(upon request) until the death of the original claimant's last
immediate family member unless the special use permit has been revoked
or the cabin has been abandoned.
(4) No new cabins will be constructed in designated wilderness
areas unless they are built specifically for the administration of the
area, for public safety, or for trapping where trapping has been a
traditional and customary use.
(5) New trapping cabins in wilderness will be available for public
use to ensure public health and safety.
(6) The occupancy of a noncommercial cabin is limited to the
permittee, and his/her family, bona fide partners, and guests.
(e) Commercial cabins. In addition to paragraph (b) of this
section, the regulations in this paragraph (e) shall apply to all
commercial cabins, permittees, clients, guests, and occupants.
(1) A special use permit is required for all cabins used for
commercial purposes. Refuge managers may also issue special use permits
that authorize additional commercial use of an existing cabin used for
guiding, etc. The use of a new cabin shall be limited to the type of
use specified in the original permit. The refuge manager may permit the
use of an existing cabin on non-wilderness refuge lands for the
exercise of valid commercial fishing rights. Such a permit may be
denied if, after conducting a public hearing in the affected locality,
it is found that the use is inconsistent with refuge purposes and is a
significant expansion of commercial fishing activities within the unit
beyond 1979 levels.
(2) When the commercial fishing or guiding rights associated with a
permittee's existing cabin are acquired by a new party, the privilege
of using the cabin cannot be sold and the new party does not
necessarily qualify for a cabin permit. He/she must apply for a permit
and meet the criteria described in this paragraph (e) before issuance
of a special use permit by the refuge manager. He/she may not occupy
the cabin before issuance of a permit.
(3) No new commercial cabins will be permitted in wilderness areas.
(4) Commercial cabins may be occupied only by persons legitimately
involved in the commercial enterprise, assistants, employees, their
families, guests and clients and only during the time that the
authorized activity is occurring. The names of those individuals,
excluding guests and clients, will be listed on the permit. The
permittee or another individual listed on the permit must be present
when the cabin is occupied.
(5) Special use permits for commercial cabins may be renewed
annually in conjunction with the special use permit renewal for the
commercial activity itself. The cabin permit may be issued for periods
of up to five years and is a separate permit from one issued for the
commercial activity.
(f) Administrative and government-owned public use cabins. In
addition to paragraph (a) of this section, the regulations in this
paragraph (f) apply to all administrative and government-owned cabins.
(1) The refuge manager can designate those cabins not under permit
as administrative cabins to be used for official government business.
Administrative cabins may be used by the public during life-threatening
emergencies. On a case-by-case basis, they may also be designated as
public use cabins when not needed for government purposes. In such
cases, the refuge manager must inform the public and post dates or
seasons when the cabins are available.
(2) The refuge manager may designate government-owned cabins as
public use cabins. They are only intended for short-term public
recreational use and occupancy. The refuge manager may develop an
allocation system for managing public use cabins for short-term
recreational use. No existing public use cabins shall be removed or new
public use cabins constructed within wilderness areas designated by the
Alaska National Interest Lands Conservation Act of 1980 or subsequently
designated wilderness areas until the Secretary of the Interior
notifies the House Committee on Interior and Insular Affairs and the
Senate Committee on Energy and Natural Resources.
Dated: February 11, 1994.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 94-18175 Filed 7-26-94; 8:45 am]
BILLING CODE 4310-55-P
