36 Cfr 1-2

36 CFR 1-2.pdf

Gathering of Certain Plants or Plant Parts by Federally Recognized Indian Tribes for Traditional Purposes, 36 CFR 2

36 CFR 1-2

OMB: 1024-0271

Document [pdf]
Download: pdf | pdf
7/17/2014

eCFR — Code of Federal Regulations

ELECTRONIC CODE OF FEDERAL REGULATIONS
e-CFR Data is current as of July 15, 2014
Title 36: Parks, Forests, and Public Property
PART 1—GENERAL PROVISIONS
Contents
§1.1 Purpose.
§1.2 Applicability and scope.
§1.3 Penalties.
§1.4 What terms do I need to know?
§1.5 Closures and public use limits.
§1.6 Permits.
§1.7 Public notice.
§1.8 Information collection.
§1.10 Symbolic signs.
AUTHORITY : 16 U.S.C. 1, 3, 9a, 460 l-6a(e), 462(k); D.C. Code 8-137, 40-721 (1981).
SOURCE: 48 FR 30275, June 30, 1983, unless otherwise noted.

Back to Top
§1.1 Purpose.
(a) The regulations in this chapter provide for the proper use, management, government, and
protection of persons, property, and natural and cultural resources within areas under the jurisdiction of
the National Park Service.
(b) These regulations will be utilized to fulfill the statutory purposes of units of the National Park
System: to conserve scenery, natural and historic objects, and wildlife, and to provide for the enjoyment
of those resources in a manner that will leave them unimpaired for the enjoyment of future generations.
Back to Top
§1.2 Applicability and scope.
(a) The regulations contained in this chapter apply to all persons entering, using, visiting, or
otherwise within:
(1) The boundaries of federally owned lands and waters administered by the National Park
Service;
(2) The boundaries of lands and waters administered by the National Park Service for public-use
purposes pursuant to the terms of a written instrument;
(3) Waters subject to the jurisdiction of the United States located within the boundaries of the
National Park System, including navigable waters and areas within their ordinary reach (up to the mean
http://www.ecfr.gov/cgi-bin/text-idx?SID=024625977ff9970b89a1f3b19fdc73a8&node=36:1.0.1.1.1&rgn=div5

1/14

7/17/2014

eCFR — Code of Federal Regulations

high water line in places subject to the ebb and flow of the tide and up to the ordinary high water mark in
other places) and without regard to the ownership of submerged lands, tidelands, or lowlands;
(4) Lands and waters in the environs of the District of Columbia, policed with the approval or
concurrence of the head of the agency having jurisdiction or control over such reservations, pursuant to
the provisions of the Act of March 17, 1948 (62 Stat. 81);
(5) Other lands and waters over which the United States holds a less-than-fee interest, to the
extent necessary to fulfill the purpose of the National Park Service administered interest and compatible
with the nonfederal interest.
(b) The regulations contained in parts 1 through 5, part 7, and part 13 of this chapter do not apply
on non-federally owned lands and waters or on Indian tribal trust lands located within National Park
System boundaries, except as provided in paragraph (a) or in regulations specifically written to be
applicable on such lands and waters.
(c) The regulations contained in part 7 and part 13 of this chapter are special regulations
prescribed for specific park areas. Those regulations may amend, modify, relax or make more
stringent the regulations contained in parts 1 through 5 and part 12 of this chapter.
(d) The regulations contained in parts 2 through 5, part 7, and part 13 of this section shall not be
construed to prohibit administrative activities conducted by the National Park Service, or its agents, in
accordance with approved general management and resource management plans, or in emergency
operations involving threats to life, property, or park resources.
(e) The regulations in this chapter are intended to treat a mobility-impaired person using a manual
or motorized wheelchair as a pedestrian, and are not intended to restrict the activities of such a person
beyond the degree that the activities of a pedestrian are restricted by the same regulations.
[51 FR 37010, Oct. 17, 1986, as amended at 52 FR 10683, Apr. 2, 1987; 52 FR 35239, Sept. 18, 1987; 61 FR
35136, July 5, 1996]

Back to Top
§1.3 Penalties.
(a) A person convicted of violating a provision of the regulations contained in parts 1 through 7, 12
and 13 of this chapter, within a park area not covered in paragraphs (b) or (c) of this section, shall be
punished by a fine as provided by law, or by imprisonment not exceeding 6 months, or both, and shall
be adjudged to pay all costs of the proceedings.
(b) A person who knowingly and will- fully violates any provision of the regulations contained in
parts 1 through 5, 7 and 12 of this chapter, within any national military park, battlefield site, national
monument, or miscellaneous memorial transferred to the jurisdiction of the Secretary of the Interior
from that of the Secretary of War by Executive Order No. 6166, June 10, 1933, and enumerated in
Executive Order No. 6228, July 28, 1933, shall be punished by a fine as provided by law, or by
imprisonment for not more than 3 months, or by both.
NOTE: These park areas are enumerated in a note under 5 U.S.C. 901.

(c) A person convicted of violating any provision of the regulations contained in parts 1 through 7 of
this chapter, within a park area established pursuant to the Act of August 21, 1935, 49 Stat. 666, shall
be punished by a fine as provided by law and shall be adjudged to pay all costs of the proceedings. 16
U.S.C. 462.
(d) Notwithstanding the provisions of paragraphs (a), (b) and (c) of this section, a person convicted
of violating §2.23 of this chapter shall be punished by a fine as provided by law. 16 U.S.C. 460.
http://www.ecfr.gov/cgi-bin/text-idx?SID=024625977ff9970b89a1f3b19fdc73a8&node=36:1.0.1.1.1&rgn=div5

2/14

7/17/2014

eCFR — Code of Federal Regulations

[61 FR 2918, Jan. 30, 1996]

Back to Top
§1.4 What terms do I need to know?
(a) The following definitions shall apply to this chapter, unless modified by the definitions for a
specific part or regulation:
Abandonment means the voluntary relinquishment of property with no intent to retain possession.
Administrative activities means those activities conducted under the authority of the National Park
Service for the purpose of safeguarding persons or property, implementing management plans and
policies developed in accordance and consistent with the regulations in this chapter, or repairing or
maintaining government facilities.
Airboat means a vessel that is supported by the buoyancy of its hull and powered by a propeller or
fan above the waterline. This definition should not be construed to mean a “hovercraft,” that is
supported by a fan-generated air cushion.
Aircraft means a device that is used or intended to be used for human flight in the air, including
powerless flight.
Archeological resource means material remains of past human life or activities that are of
archeological interest and are at least 50 years of age. This term includes, but shall not be limited to,
objects made or used by humans, such as pottery, basketry, bottles, weapons, weapon projectiles,
tools, structures or portions of structures, pit houses, rock paintings, rock carvings, intaglios, or any
portion or piece of the foregoing items, and the physical site, location or context in which they are
found, or human skeletal materials or graves.
Authorized emergency vehicle means a vehicle in official use for emergency purposes by a
Federal agency or an emergency vehicle as defined by State law.
Authorized person means an employee or agent of the National Park Service with delegated
authority to enforce the provisions of this chapter.
Bicycle means every device propelled solely by human power upon which a person or persons
may ride on land, having one, two, or more wheels, except a manual wheelchair.
Boundary means the limits of lands or waters administered by the National Park Service as
specified by Congress, or denoted by presidential proclamation, or recorded in the records of a state or
political subdivision in accordance with applicable law, or published pursuant to law, or otherwise
published or posted by the National Park Service.
Camping means the erecting of a tent or shelter of natural or synthetic material, preparing a
sleeping bag or other bedding material for use, parking of a motor vehicle, motor home or trailer, or
mooring of a vessel for the apparent purpose of overnight occupancy.
Carry means to wear, bear, or have on or about the person.
Controlled substance means a drug or other substance, or immediate precursor, included in
schedules I, II, III, IV, or V of part B of the Controlled Substance Act (21 U.S.C. 812) or a drug or
substance added to these schedules pursuant to the terms of the Act.
Cultural resource means material remains of past human life or activities that are of significant
cultural interest and are less than 50 years of age. This term includes, but shall not be limited to,
objects made or used by humans, such as pottery, basketry, bottles, weapons, weapon projectiles,
tools, structures or portions of structures, or any portion or piece of the foregoing items, and the
http://www.ecfr.gov/cgi-bin/text-idx?SID=024625977ff9970b89a1f3b19fdc73a8&node=36:1.0.1.1.1&rgn=div5

3/14

7/17/2014

eCFR — Code of Federal Regulations

physical site, location, or context in which they are found, or human skeletal materials or graves.
Developed area means roads, parking areas, picnic areas, campgrounds, or other structures,
facilities or lands located within development and historic zones depicted on the park area land
management and use map.
Director means the Director of the National Park Service.
Dive flag means a flag not less than 12 inches square, red in color, with a white stripe running
diagonally from the top of the staff to the opposite lower corner. The white stripe shall be one-fifth the
width of the flag.
Downed aircraft means an aircraft that cannot become airborne as a result of mechanical failure,
fire, or accident.
Firearm means a loaded or unloaded pistol, rifle, shotgun or other weapon which is designed to, or
may be readily converted to, expel a projectile by the ignition of a propellant.
Fish means any member of the subclasses Agnatha, Chondrichthyes, or Osteichthyes, or any
mollusk or crustacean found in salt water.
Fishing means taking or attempting to take fish.
Flat wake speed means the minimum required speed to leave a flat wave disturbance close astern
a moving vessel yet maintain steerageway, but in no case in excess of 5 statute miles per hour.
Harbor means a natural or artificially improved body of water providing protection for vessels,
which may include anchorage, mooring or docking facilities.
Hunting means taking or attempting to take wildlife, except trapping.
Legislative jurisdiction means lands and waters under the exclusive or concurrent jurisdiction of
the United States.
Manned submersible means any vessel that carries or is capable of carrying passenger(s) within
the confines of the vessel below the surface of the water.
Manual wheelchair means a device that is propelled by human power, designed for and used by a
mobility-impaired person.
Motorcycle means every motor vehicle having a seat for the use of the rider and designed to travel
on not more that three wheels in contact with the ground, but excluding a tractor.
Motorized wheelchair means a self-propelled wheeled device, designed solely for and used by a
mobility-impaired person for locomotion, that is both capable of and suitable for use in indoor
pedestrian areas.
Motor vehicle means every vehicle that is self-propelled and every vehicle that is propelled by
electric power, but not operated on rails or upon water, except a snowmobile and a motorized
wheelchair.
National Park System (Park area) means any area of land and water now or hereafter
administered by the Secretary of the Interior through the National Park Service for park, monument,
historic, parkway, recreational, or other purposes.
Net means a seine, weir, net wire, fish trap, or other implement designed to entrap fish, except a
hand-held landing net used to retrieve fish taken by hook and line.
http://www.ecfr.gov/cgi-bin/text-idx?SID=024625977ff9970b89a1f3b19fdc73a8&node=36:1.0.1.1.1&rgn=div5

4/14

7/17/2014

eCFR — Code of Federal Regulations

Nondeveloped area means all lands and waters within park areas other than developed areas.
Operator means a person who operates, drives, controls, otherwise has charge of or is in actual
physical control of a mechanical mode of transportation or any other mechanical equipment.
Other Federal reservations in the environs of the District of Columbia means Federal areas, which
are not under the administrative jurisdiction of the National Park Service, located in Arlington, Fairfax,
Loudoun, Prince William, and Stafford Counties and the City of Alexandria in Virginia and Prince
Georges, Charles, Anne Arundel, and Montgomery Counties in Maryland, exclusive of military
reservations, unless the policing of military reservations by the U.S. Park Police is specifically
requested by the Secretary of Defense or a designee thereof.
Pack animal means horses, burros, mules or other hoofed mammals when designated as pack
animals by the superintendent.
Park area. See the definition for National Park System in this section.
Park road means the main-traveled surface of a roadway open to motor vehicles, owned,
controlled or otherwise administered by the National Park Service.
Permit means a written authorization to engage in uses or activities that are otherwise prohibited,
restricted, or regulated.
Person means an individual, firm, corporation, society, association, partnership, or private or
public body.
Personal watercraft refers to a vessel, usually less than 16 feet in length, which uses an inboard,
internal combustion engine powering a water jet pump as its primary source of propulsion. The vessel
is intended to be operated by a person or persons sitting, standing or kneeling on the vessel, rather
than within the confines of the hull. The length is measured from end to end over the deck excluding
sheer, meaning a straight line measurement of the overall length from the foremost part of the vessel to
the aftermost part of the vessel, measured parallel to the centerline. Bow sprits, bumpkins, rudders,
outboard motor brackets, and similar fittings or attachments, are not included in the measurement.
Length is stated in feet and inches.
Pet means a dog, cat or any animal that has been domesticated.
Possession means exercising direct physical control or dominion, with or without ownership, over
property, or archeological, cultural or natural resources.
Power-driven vessel means any vessel propelled by machinery.
Practitioner means a physician, dentist, veterinarian, scientific investigator, pharmacy, hospital or
other person licensed, registered or otherwise permitted by the United States or the jurisdiction in
which such person practices to distribute or possess a controlled substance in the course of
professional practice.
Public use limit means the number of persons; number and type of animals; amount, size and
type of equipment, vessels, mechanical modes of conveyance, or food/beverage containers allowed to
enter, be brought into, remain in, or be used within a designated geographic area or facility; or the
length of time a designated geographic area or facility may be occupied.
Refuse means trash, garbage, rubbish, waste papers, bottles or cans, debris, litter, oil, solvents,
liquid waste, or other discarded materials.
Regional Director means the official in charge of a geographic area of the National Park Service.
Sailing vessel means any vessel under sail provided, if propelling machinery is fitted, it is not being
http://www.ecfr.gov/cgi-bin/text-idx?SID=024625977ff9970b89a1f3b19fdc73a8&node=36:1.0.1.1.1&rgn=div5

5/14

7/17/2014

eCFR — Code of Federal Regulations

used.
Secretary means the Secretary of the Interior.
Services means, but is not limited to, meals and lodging, labor, professional services,
transportation, admission to exhibits, use of telephone or other utilities, or any act for which payment is
customarily received.
Sewage means human body waste or the waste from a toilet or other receptacle intended to
receive or retain body waste.
Smoking means the carrying of lighted cigarettes, cigars or pipes, or the intentional and direct
inhalation of smoke from these objects.
Snowmobile means a self-propelled vehicle intended for travel primarily on snow, having a curb
weight of not more than 1000 pounds (450 kg), driven by a track or tracks in contact with the snow, and
steered by ski or skis in contact with the snow.
State means a State, territory, or possession of the United States.
State law means the applicable and nonconflicting laws, statutes, regulations, ordinances,
infractions and codes of the State(s) and political subdivision(s) within whose exterior boundaries a
park area or a portion thereof is located.
Superintendent means the official in charge of a park area or an authorized representative thereof.
Take or taking means to pursue, hunt, harass, harm, shoot, trap, net, capture, collect, kill, wound,
or attempt to do any of the above.
Traffic means pedestrians, ridden or herded animals, vehicles, and other conveyances, either
singly or together while using any road, trail, street or other thoroughfare for purpose of travel.
Traffic control device means a sign, signal, marking or other device placed or erected by, or with
the concurrence of, the Superintendent for the purpose of regulating, warning, guiding or otherwise
controlling traffic or regulating the parking of vehicles.
Trap means a snare, trap, mesh, wire or other implement, object or mechanical device designed
to entrap or kill animals other than fish.
Trapping means taking or attempting to take wildlife with a trap.
Underwater diving means the use of any apparatus, whether self contained or connected to a
distant source of air or other gas, whereby a person wholly or partially submerged in water, can obtain
or reuse air or any other gas or gasses for breathing without returning to the surface of the water.
Underwater diving would include, but is not be limited to use of SCUBA, surface supplied air, mixed
gas, or re-breathers.
Underway means when a vessel is not at anchor, moored, made fast to the shore or docking
facility, or aground.
Unloaded, as applied to weapons and firearms, means that: (1) There is no unexpended shell,
cartridge, or projectile in any chamber or cylinder of a firearm or in a clip or magazine inserted in or
attached to a firearm;
(2) A muzzle-loading weapon does not contain gun powder in the pan, or the percussion cap is not
in place; and
(3) Bows, crossbows, spear guns or any implement capable of discharging a missile or similar
http://www.ecfr.gov/cgi-bin/text-idx?SID=024625977ff9970b89a1f3b19fdc73a8&node=36:1.0.1.1.1&rgn=div5

6/14

7/17/2014

eCFR — Code of Federal Regulations

device by means of a loading or discharging mechanism, when that loading or discharging mechanism
is not charged or drawn.
Un-manned submersible means any device operated by remote control, used or capable of being
used, to search or collect below the surface of the water. This definition does not apply to a device
being used lawfully for fishing.
Vehicle means every device in, upon, or by which a person or property is or may be transported or
drawn on land, except snowmobiles and devices moved by human power or used exclusively upon
stationary rails or track.
Vessel means every description of watercraft, or other artificial contrivance used, or capable of
being used, as a means of transportation on the water. This definition does not apply to a seaplane on
the water.
Weapon means a firearm, compressed gas or spring-powered pistol or rifle, bow and arrow,
crossbow, blowgun, speargun, hand-thrown spear, slingshot, irritant gas device, explosive device, or
any other implement designed to discharge missiles, and includes a weapon the possession of which
is prohibited under the laws of the State in which the park area or portion thereof is located.
Wildlife means any member of the animal kingdom and includes a part, product, egg or offspring
thereof, or the dead body or part thereof, except fish.
(b) In addition to the definitions in paragraph (a), for the purpose of the regulations contained in
parts 3 and 7 of this chapter, the definitions pertaining to navigation, navigable waters and shipping
enumerated in title 14 United States Code, title 33 Code of Federal Regulations, title 46 Code of Federal
Regulations, title 49 Code of Federal Regulations, the Federal Boating Safety Act of 1971, and the
Inland Navigational Rules Act of 1980, shall apply for boating and water activities.
[48 FR 30275, June 30, 1983, as amended at 49 FR 18449, Apr. 30, 1984; 51 FR 37011, Oct. 17, 1986; 52 FR
10683, Apr. 2, 1987; 60 FR 55790, Nov. 3, 1995; 61 FR 35136, July 5, 1996; 62 FR 30234, June 3, 1997; 65 FR
15089, Mar. 21, 2000; 72 FR 13702, Mar. 23, 2007]

Back to Top
§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.
http://www.ecfr.gov/cgi-bin/text-idx?SID=024625977ff9970b89a1f3b19fdc73a8&node=36:1.0.1.1.1&rgn=div5

7/14

7/17/2014

eCFR — Code of Federal Regulations

(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.
[48 FR 30275, June 30, 1983, as amended at 51 FR 29470, Aug. 18, 1986]

Back to Top
§1.6 Permits.
(a) When authorized by regulations set forth in this chapter, the superintendent may issue a permit
to authorize an otherwise prohibited or restricted activity or impose a public use limit. The activity
authorized by a permit shall be consistent with applicable legislation, Federal regulations and
administrative policies, and based upon a determination that public health and safety, environmental or
scenic values, natural or cultural resources, scientific research, implementation of management
responsibilities, proper allocation and use of facilities, or the avoidance of conflict among visitor use
activities will not be adversely impacted.
(b) Except as otherwise provided, application for a permit shall be submitted to the superintendent
during normal business hours.
(c) The public will be informed of the existence of a permit requirement in accordance with §1.7 of
this chapter.
(d) Unless otherwise provided for by the regulations in this chapter, the superintendent shall deny a
permit that has been properly applied for only upon a determination that the designated capacity for an
area or facility would be exceeded; or that one or more of the factors set forth in paragraph (a) of this
section would be adversely impacted. The basis for denial shall be provided to the applicant upon
request.
(e) The superintendent shall include in a permit the terms and conditions that the superintendent
deems necessary to protect park resources or public safety and may also include terms or conditions
established pursuant to the authority of any other section of this chapter.
(f) A compilation of those activities requiring a permit shall be maintained by the superintendent
and available to the public upon request.
(g) The following are prohibited:
(1) Engaging in an activity subject to a permit requirement imposed pursuant to this section
without obtaining a permit; or
http://www.ecfr.gov/cgi-bin/text-idx?SID=024625977ff9970b89a1f3b19fdc73a8&node=36:1.0.1.1.1&rgn=div5

8/14

7/17/2014

eCFR — Code of Federal Regulations

(2) Violating a term or condition of a permit issued pursuant to this section.
(h) Violating a term or condition of a permit issued pursuant to this section may also result in the
suspension or revocation of the permit by the superintendent.
[48 FR 30275, June 30, 1983, as amended at 51 FR 29470, Aug. 18, 1986]

Back to Top
§1.7 Public notice.
(a) Whenever the authority of §1.5(a) is invoked to restrict or control a public use or activity, to
relax or revoke an existing restriction or control, to designate all or a portion of a park area as open or
closed, or to require a permit to implement a public use limit, the public shall be notified by one or more
of the following methods:
(1) Signs posted at conspicuous locations, such as normal points of entry and reasonable
intervals along the boundary of the affected park locale.
(2) Maps available in the office of the superintendent and other places convenient to the public.
(3) Publication in a newspaper of general circulation in the affected area.
(4) Other appropriate methods, such as the removal of closure signs, use of electronic media,
park brochures, maps and handouts.
(b) In addition to the above-described notification procedures, the superintendent shall compile in
writing all the designations, closures, permit requirements and other restrictions imposed under
discretionary authority. This compilation shall be updated annually and made available to the public
upon request.
Back to Top
§1.8 Information collection.
The information collection requirements contained in §§1.5, 2.4, 2.5, 2.10 2.12, 2.17, 2.33, 2.38,
2.50, 2.51, 2.52, 2.60, 2.61, 2.62, 3.3, 3.4, 4.4 and 4.11 have been approved by the Office of
Management and Budget under 44 U.S.C. 3501 et seq., and assigned clearance number 1024-0026.
This information is being collected to provide superintendents data necessary to issue permits for
special uses of park areas and to obtain notification of accidents that occur within park areas. This
information will be used to grant administrative benefits and to facilitate prompt emergency response to
accidents. In §§2.33, 3.4 and 4.4, the obligation to respond is mandatory; in all other sections the
obligation to respond is required in order to obtain a benefit.
[52 FR 10683, Apr. 2, 1987]

Back to Top
§1.10 Symbolic signs.
(a) The signs pictured below provide general information and regulatory guidance in park areas.
Certain of the signs designate activities that are either allowed or prohibited. Activities symbolized by a
sign bearing a slash mark are prohibited.
(b) The use of other types of signs not herein depicted is not precluded.

http://www.ecfr.gov/cgi-bin/text-idx?SID=024625977ff9970b89a1f3b19fdc73a8&node=36:1.0.1.1.1&rgn=div5

9/14

7/17/2014

eCFR — Code of Federal Regulations

View or download PDF

http://www.ecfr.gov/cgi-bin/text-idx?SID=024625977ff9970b89a1f3b19fdc73a8&node=36:1.0.1.1.1&rgn=div5

10/14

7/17/2014

eCFR — Code of Federal Regulations

View or download PDF

http://www.ecfr.gov/cgi-bin/text-idx?SID=024625977ff9970b89a1f3b19fdc73a8&node=36:1.0.1.1.1&rgn=div5

11/14

7/17/2014

eCFR — Code of Federal Regulations

View or download PDF

http://www.ecfr.gov/cgi-bin/text-idx?SID=024625977ff9970b89a1f3b19fdc73a8&node=36:1.0.1.1.1&rgn=div5

12/14

7/17/2014

eCFR — Code of Federal Regulations

View or download PDF

http://www.ecfr.gov/cgi-bin/text-idx?SID=024625977ff9970b89a1f3b19fdc73a8&node=36:1.0.1.1.1&rgn=div5

13/14

7/17/2014

eCFR — Code of Federal Regulations

View or download PDF
[48 FR 30275, June 30, 1983, as amended at 61 FR 46556, Sept. 4, 1996]

Back to Top

For questions or comments regarding e-CFR editorial content, features, or design, email [email protected].
For questions concerning e-CFR programming and delivery issues, email [email protected].

http://www.ecfr.gov/cgi-bin/text-idx?SID=024625977ff9970b89a1f3b19fdc73a8&node=36:1.0.1.1.1&rgn=div5

14/14

7/17/2014

eCFR — Code of Federal Regulations

ELECTRONIC CODE OF FEDERAL REGULATIONS
e-CFR Data is current as of July 15, 2014
Title 36: Parks, Forests, and Public Property
PART 2—RESOURCE PROTECTION, PUBLIC USE AND RECREATION
Contents
§2.1 Preservation of natural, cultural and archeological resources.
§2.2 Wildlife protection.
§2.3 Fishing.
§2.4 Weapons, traps and nets.
§2.5 Research specimens.
§2.10 Camping and food storage.
§2.11 Picnicking.
§2.12 Audio disturbances.
§2.13 Fires.
§2.14 Sanitation and refuse.
§2.15 Pets.
§2.16 Horses and pack animals.
§2.17 Aircraft and air delivery.
§2.18 Snowmobiles.
§2.19 Winter activities.
§2.20 Skating, skateboards, and similar devices.
§2.21 Smoking.
§2.22 Property.
§2.23 Recreation fees.
§2.30 Misappropriation of property and services.
§2.31 Trespassing, tampering and vandalism.
§2.32 Interfering with agency functions.
§2.33 Report of injury or damage.
§2.34 Disorderly conduct.
§2.35 Alcoholic beverages and controlled substances.
§2.36 Gambling.
§2.37 Noncommercial soliciting.
§2.38 Explosives.
§2.50 Special events.
§2.51 Demonstrations.
§2.52 Sale or distribution of printed matter.
§2.60 Livestock use and agriculture.
§2.61 Residing on Federal lands.
§2.62 Memorialization.
AUTHORITY : 16 U.S.C. 1, 3, 9a, 462(k).
SOURCE: 48 FR 30282, June 30, 1983, unless otherwise noted.

Back to Top
http://www.ecfr.gov/cgi-bin/text-idx?SID=024625977ff9970b89a1f3b19fdc73a8&node=36:1.0.1.1.2&rgn=div5

1/24

7/17/2014

eCFR — Code of Federal Regulations

§2.1 Preservation of natural, cultural and archeological resources.
(a) Except as otherwise provided in this chapter, the following is prohibited:
(1) Possessing, destroying, injuring, defacing, removing, digging, or disturbing from its natural
state:
(i) Living or dead wildlife or fish, or the parts or products thereof, such as antlers or nests.
(ii) Plants or the parts or products thereof.
(iii) Nonfossilized and fossilized paleontological specimens, cultural or archeological resources, or
the parts thereof.
(iv) A mineral resource or cave formation or the parts thereof.
(2) Introducing wildlife, fish or plants, including their reproductive bodies, into a park area
ecosystem.
(3) Tossing, throwing or rolling rocks or other items inside caves or caverns, into valleys, canyons,
or caverns, down hillsides or mountainsides, or into thermal features.
(4) Using or possessing wood gathered from within the park area: Provided, however, That the
superintendent may designate areas where dead wood on the ground may be collected for use as fuel
for campfires within the park area.
(5) Walking on, climbing, entering, ascending, descending, or traversing an archeological or
cultural resource, monument, or statue, except in designated areas and under conditions established
by the superintendent.
(6) Possessing, destroying, injuring, defacing, removing, digging, or disturbing a structure or its
furnishing or fixtures, or other cultural or archeological resources.
(7) Possessing or using a mineral or metal detector, magnetometer, side scan sonar, other metal
detecting device, or subbottom profiler.
This paragraph does not apply to:
(i) A device broken down and stored or packed to prevent its use while in park areas.
(ii) Electronic equipment used primarily for the navigation and safe operation of boats and aircraft.
(iii) Mineral or metal detectors, magnetometers, or subbottom profilers used for authorized
scientific, mining, or administrative activities.
(b) The superintendent may restrict hiking or pedestrian use to a designated trail or walkway
system pursuant to §§1.5 and 1.7. Leaving a trail or walkway to shortcut between portions of the same
trail or walkway, or to shortcut to an adjacent trail or walkway in violation of designated restrictions is
prohibited.
(c)(1) The superintendent may designate certain fruits, berries, nuts, or unoccupied seashells
which may be gathered by hand for personal use or consumption upon a written determination that the
gathering or consumption will not adversely affect park wildlife, the reproductive potential of a plant
species, or otherwise adversely affect park resources.
(2) The superintendent may:
(i) Limit the size and quantity of the natural products that may be gathered or possessed for this
http://www.ecfr.gov/cgi-bin/text-idx?SID=024625977ff9970b89a1f3b19fdc73a8&node=36:1.0.1.1.2&rgn=div5

2/24

7/17/2014

eCFR — Code of Federal Regulations

purpose; or
(ii) Limit the location where natural products may be gathered; or
(iii) Restrict the possession and consumption of natural products to the park area.
(3) The following are prohibited:
(i) Gathering or possessing undesignated natural products.
(ii) Gathering or possessing natural products in violation of the size or quantity limits designated by
the superintendent.
(iii) Unauthorized removal of natural products from the park area.
(iv) Gathering natural products outside of designated areas.
(v) Sale or commercial use of natural products.
(d) This section shall not be construed as authorizing the taking, use or possession of fish, wildlife
or plants for ceremonial or religious purposes, except where specifically authorized by Federal
statutory law, treaty rights, or in accordance with §2.2 or §2.3.
NOTE: Regulations concerning archeological resources are found in 43 CFR part 3.

Back to Top
§2.2 Wildlife protection.
(a) The following are prohibited:
(1) The taking of wildlife, except by authorized hunting and trapping activities conducted in
accordance with paragraph (b) of this section.
(2) The feeding, touching, teasing, frightening or intentional disturbing of wildlife nesting, breeding
or other activities.
(3) Possessing unlawfully taken wildlife or portions thereof.
(b) Hunting and trapping. (1) Hunting shall be allowed in park areas where such activity is
specifically mandated by Federal statutory law.
(2) Hunting may be allowed in park areas where such activity is specifically authorized as a
discretionary activity under Federal statutory law if the superintendent determines that such activity is
consistent with public safety and enjoyment, and sound resource management principles. Such
hunting shall be allowed pursuant to special regulations.
(3) Trapping shall be allowed in park areas where such activity is specifically mandated by Federal
statutory law.
(4) Where hunting or trapping or both are authorized, such activities shall be conducted in
accordance with Federal law and the laws of the State within whose exterior boundaries a park area or
a portion thereof is located. Nonconflicting State laws are adopted as a part of these regulations.
(c) Except in emergencies or in areas under the exclusive jurisdiction of the United States, the
superintendent shall consult with appropriate State agencies before invoking the authority of §1.5 for the
purpose of restricting hunting and trapping or closing park areas to the taking of wildlife where such
activities are mandated or authorized by Federal statutory law.
http://www.ecfr.gov/cgi-bin/text-idx?SID=024625977ff9970b89a1f3b19fdc73a8&node=36:1.0.1.1.2&rgn=div5

3/24

7/17/2014

eCFR — Code of Federal Regulations

(d) The superintendent may establish conditions and procedures for transporting lawfully taken
wildlife through the park area. Violation of these conditions and procedures is prohibited.
(e) The Superintendent may designate all or portions of a park area as closed to the viewing of
wildlife with an artificial light. Use of an artificial light for purposes of viewing wildlife in closed areas is
prohibited.
(f) Authorized persons may check hunting and trapping licenses and permits; inspect weapons,
traps and hunting and trapping gear for compliance with equipment restrictions; and inspect wildlife that
has been taken for compliance with species, size and other taking restrictions.
(g) The regulations contained in this section apply, regardless of land ownership, on all lands and
waters within a park area that are under the legislative jurisdiction of the United States.
[48 FR 30282, June 30, 1983, as amended at 49 FR 18450, Apr. 30, 1984; 51 FR 33264, Sept. 19, 1986; 52 FR
35240, Sept. 18, 1987]

Back to Top
§2.3 Fishing.
(a) Except in designated areas or as provided in this section, fishing shall be in accordance with
the laws and regulations of the State within whose exterior boundaries a park area or portion thereof is
located. Nonconflicting State laws are adopted as a part of these regulations.
(b) State fishing licenses are not required in Big Bend, Crater Lake, Denali, Glacier, Isle Royale
(inland waters only), Mammoth Cave, Mount Rainer, Olympic and Yellowstone National Parks.
(c) Except in emergencies or in areas under the exclusive jurisdiction of the United States, the
superintendent shall consult with appropriate State agencies before invoking the authority of §1.5 for the
purpose of restricting or closing park areas to the taking of fish.
(d) The following are prohibited:
(1) Fishing in fresh waters in any manner other than by hook and line, with the rod or line being
closely attended.
(2) Possessing or using as bait for fishing in fresh waters, live or dead minnows or other bait fish,
amphibians, nonpreserved fish eggs or fish roe, except in designated waters. Waters which may be so
designated shall be limited to those where non-native species are already established, scientific data
indicate that the introduction of additional numbers or types of non-native species would not impact
populations of native species adversely, and park management plans do not call for elimination of nonnative species.
(3) Chumming or placing preserved or fresh fish eggs, fish roe, food, fish parts, chemicals, or
other foreign substances in fresh waters for the purpose of feeding or attracting fish in order that they
may be taken.
(4) Commercial fishing, except where specifically authorized by Federal statutory law.
(5) Fishing by the use of drugs, poisons, explosives, or electricity.
(6) Digging for bait, except in privately owned lands.
(7) Failing to return carefully and immediately to the water from which it was taken a fish that does
not meet size or species restrictions or that the person chooses not to keep. Fish so released shall not
be included in the catch or possession limit: Provided, That at the time of catching the person did not
possess the legal limit of fish.
http://www.ecfr.gov/cgi-bin/text-idx?SID=024625977ff9970b89a1f3b19fdc73a8&node=36:1.0.1.1.2&rgn=div5

4/24

7/17/2014

eCFR — Code of Federal Regulations

(8) Fishing from motor road bridges, from or within 200 feet of a public raft or float designated for
water sports, or within the limits of locations designated as swimming beaches, surfing areas, or public
boat docks, except in designated areas.
(e) Except as otherwise designated, fishing with a net, spear, or weapon in the salt waters of park
areas shall be in accordance with State law.
(f) Authorized persons may check fishing licenses and permits; inspect creels, tackle and fishing
gear for compliance with equipment restrictions; and inspect fish that have been taken for compliance
with species, size and other taking restrictions.
(g) The regulations contained in this section apply, regardless of land ownership, on all lands and
waters within a park area that are under the legislative jurisdiction of the United States.
[48 FR 30282, June 30, 1983, as amended at 52 FR 35240, Sept. 18, 1987]

Back to Top
§2.4 Weapons, traps and nets.
(a)(1) Except as otherwise provided in this section and parts 7 (special regulations) and 13 (Alaska
regulations), the following are prohibited:
(i) Possessing a weapon, trap or net
(ii) Carrying a weapon, trap or net
(iii) Using a weapon, trap or net
(2) Weapons, traps or nets may be carried, possessed or used:
(i) At designated times and locations in park areas where:
(A) The taking of wildlife is authorized by law in accordance with §2.2 of this chapter;
(B) The taking of fish is authorized by law in accordance with §2.3 of this part.
(ii) When used for target practice at designated times and at facilities or locations designed and
constructed specifically for this purpose and designated pursuant to special regulations.
(iii) Within a residential dwelling. For purposes of this subparagraph only, the term “residential
dwelling” means a fixed housing structure which is either the principal residence of its occupants, or is
occupied on a regular and recurring basis by its occupants as an alternate residence or vacation
home.
(3) Traps, nets and unloaded weapons may be possessed within a temporary lodging or
mechanical mode of conveyance when such implements are rendered temporarily inoperable or are
packed, cased or stored in a manner that will prevent their ready use.
(b) Carrying or possessing a loaded weapon in a motor vehicle, vessel or other mode of
transportation is prohibited, except that carrying or possessing a loaded weapon in a vessel is allowed
when such vessel is not being propelled by machinery and is used as a shooting platform in
accordance with Federal and State law.
(c) The use of a weapon, trap or net in a manner that endangers persons or property is prohibited.
(d) The superintendent may issue a permit to carry or possess a weapon, trap or net under the
following circumstances:
http://www.ecfr.gov/cgi-bin/text-idx?SID=024625977ff9970b89a1f3b19fdc73a8&node=36:1.0.1.1.2&rgn=div5

5/24

7/17/2014

eCFR — Code of Federal Regulations

(1) When necessary to support research activities conducted in accordance with §2.5.
(2) To carry firearms for persons in charge of pack trains or saddle horses for emergency use.
(3) For employees, agents or cooperating officials in the performance of their official duties.
(4) To provide access to otherwise inaccessible lands or waters contiguous to a park area when
other means of access are otherwise impracticable or impossible.
Violation of the terms and conditions of a permit issued pursuant to this paragraph is prohibited and
may result in the suspension or revocation of the permit.
(e) Authorized Federal, State and local law enforcement officers may carry firearms in the
performance of their official duties.
(f) The carrying or possessing of a weapon, trap or net in violation of applicable Federal and State
laws is prohibited.
(g) The regulations contained in this section apply, regardless of land ownership, on all lands and
waters within a park area that are under the legislative jurisdiction of the United States.
(h) Notwithstanding any other provision in this Chapter, a person may possess, carry, and
transport concealed, loaded, and operable firearms within a national park area in accordance with the
laws of the state in which the national park area, or that portion thereof, is located, except as otherwise
prohibited by applicable Federal law.
[48 FR 30282, June 30, 1983, as amended at 49 FR 18450, Apr. 30, 1984; 52 FR 35240, Sept. 18, 1987; 73 FR
74971, Dec. 10, 2008]

Back to Top
§2.5 Research specimens.
(a) Taking plants, fish, wildlife, rocks or minerals except in accordance with other regulations of
this chapter or pursuant to the terms and conditions of a specimen collection permit, is prohibited.
(b) A specimen collection permit may be issued only to an official representative of a reputable
scientific or educational institution or a State or Federal agency for the purpose of research, baseline
inventories, monitoring, impact analysis, group study, or museum display when the superintendent
determines that the collection is necessary to the stated scientific or resource management goals of
the institution or agency and that all applicable Federal and State permits have been acquired, and that
the intended use of the specimens and their final disposal is in accordance with applicable law and
Federal administrative policies. A permit shall not be issued if removal of the specimen would result in
damage to other natural or cultural resources, affect adversely environmental or scenic values, or if the
specimen is readily available outside of the park area.
(c) A permit to take an endangered or threatened species listed pursuant to the Endangered
Species Act, or similarly identified by the States, shall not be issued unless the species cannot be
obtained outside of the park area and the primary purpose of the collection is to enhance the protection
or management of the species.
(d) In park areas where the enabling legislation authorizes the killing of wildlife, a permit which
authorizes the killing of plants, fish or wildlife may be issued only when the superintendent approves a
written research proposal and determines that the collection will benefit science or has the potential for
improving the management and protection of park resources.
(e) In park areas where enabling legislation does not expressly prohibit the killing of wildlife, a
permit authorizing the killing of plants, fish or wildlife may be issued only when the superintendent
http://www.ecfr.gov/cgi-bin/text-idx?SID=024625977ff9970b89a1f3b19fdc73a8&node=36:1.0.1.1.2&rgn=div5

6/24

7/17/2014

eCFR — Code of Federal Regulations

approves a written research proposal and determines that the collection will not result in the derogation
of the values or purposes for which the park area was established and has the potential for conserving
and perpetuating the species subject to collection.
(f) In park areas where the enabling legislation prohibits the killing of wildlife, issuance of a
collecting permit for wildlife or fish or plants, is prohibited.
(g) Specimen collection permits shall contain the following conditions:
(1) Specimens placed in displays or collections will bear official National Park Service museum
labels and their catalog numbers will be registered in the National Park Service National Catalog.
(2) Specimens and data derived from consumed specimens will be made available to the public
and reports and publications resulting from a research specimen collection permit shall be filed with the
superintendent.
(h) Violation of the terms and conditions of a permit issued in accordance with this section is
prohibited and may result in the suspension or revocation of the permit.
NOTE: The Secretary's regulations on the preservation, use, and management of fish and wildlife are found in 43
CFR part 24. Regulations concerning archeological resources are found in 43 CFR part 3.

Back to Top
§2.10 Camping and food storage.
(a) The superintendent may require permits, designate sites or areas, and establish conditions for
camping.
(b) The following are prohibited:
(1) Digging or leveling the ground at a campsite.
(2) Leaving camping equipment, site alterations, or refuse after departing from the campsite.
(3) Camping within 25 feet of a water hydrant or main road, or within 100 feet of a flowing stream,
river or body of water, except as designated.
(4) Creating or sustaining unreasonable noise between the hours of 10:00 p.m. and 6:00 a.m.,
considering the nature and purpose of the actor's conduct, impact on park users, location, and other
factors which would govern the conduct of a reasonably prudent person under the circumstances.
(5) The installation of permanent camping facilities.
(6) Displaying wildlife carcasses or other remains or parts thereof, except when taken pursuant to
§2.2.
(7) Connecting to a utility system, except as designated.
(8) Failing to obtain a permit, where required.
(9) Violating conditions which may be established by the superintendent.
(10) Camping outside of designated sites or areas.
(c) Violation of the terms and conditions of a permit issued in accordance with this section is
prohibited and may result in the suspension or revocation of the permit.
(d) Food storage. The superintendent may designate all or a portion of a park area where food,
http://www.ecfr.gov/cgi-bin/text-idx?SID=024625977ff9970b89a1f3b19fdc73a8&node=36:1.0.1.1.2&rgn=div5

7/24

7/17/2014

eCFR — Code of Federal Regulations

lawfully taken fish or wildlife, garbage, and equipment used to cook or store food must be kept sealed in
a vehicle, or in a camping unit that is constructed of solid, non-pliable material, or suspended at least
10 feet above the ground and 4 feet horizontally from a post, tree trunk, or other object, or shall be
stored as otherwise designated. Violation of this restriction is prohibited. This restriction does not apply
to food that is being transported, consumed, or prepared for consumption.
Back to Top
§2.11 Picnicking.
Picnicking is allowed, except in designated areas closed in accordance with §1.5. The
superintendent may establish conditions for picnicking in areas where picnicking is allowed. Picnicking
in violation of established conditions is prohibited.
Back to Top
§2.12 Audio disturbances.
(a) The following are prohibited:
(1) Operating motorized equipment or machinery such as an electric generating plant, motor
vehicle, motorized toy, or an audio device, such as a radio, television set, tape deck or musical
instrument, in a manner: (i) That exceeds a noise level of 60 decibels measured on the A-weighted
scale at 50 feet; or, if below that level, nevertheless; (ii) makes noise which is unreasonable,
considering the nature and purpose of the actor's conduct, location, time of day or night, purpose for
which the area was established, impact on park users, and other factors that would govern the conduct
of a reasonably prudent person under the circumstances.
(2) In developed areas, operating a power saw, except pursuant to the terms and conditions of a
permit.
(3) In nondeveloped areas, operating any type of portable motor or engine, or device powered by a
portable motor or engine, except pursuant to the terms and conditions of a permit. This paragraph does
not apply to vessels in areas where motor boating is allowed.
(4) Operating a public address system, except in connection with a public gathering or special
event for which a permit has been issued pursuant to §2.50 or §2.51.
(b) Violation of the terms and conditions of a permit issued in accordance with section is prohibited
and may result in the suspension or revocation of the permit.
Back to Top
§2.13 Fires.
(a) The following are prohibited:
(1) Lighting or maintaining a fire, except in designated areas or receptacles and under conditions
that may be established by the superintendent.
(2) Using stoves or lanterns in violation of established restrictions.
(3) Lighting, tending, or using a fire, stove or lantern in a manner that threatens, causes damage
to, or results in the burning of property, real property or park resources, or creates a public safety
hazard.
(4) Leaving a fire unattended.
http://www.ecfr.gov/cgi-bin/text-idx?SID=024625977ff9970b89a1f3b19fdc73a8&node=36:1.0.1.1.2&rgn=div5

8/24

7/17/2014

eCFR — Code of Federal Regulations

(5) Throwing or discarding lighted or smoldering material in a manner that threatens, causes
damage to, or results in the burning of property or park resources, or creates a public safety hazard.
(b) Fires shall be extinguished upon termination of use and in accordance with such conditions as
may be established by the superintendent. Violation of these conditions is prohibited.
(c) During periods of high fire danger, the superintendent may close all or a portion of a park area
to the lighting or maintaining of a fire.
(d) The regulations contained in this section apply, regardless of land ownership, on all lands and
waters within a park area that are under the legislative jurisdiction of the United States.
[48 FR 30282, June 30, 1983, as amended at 52 FR 35240, Sept. 18, 1987]

Back to Top
§2.14 Sanitation and refuse.
(a) The following are prohibited:
(1) Disposing of refuse in other than refuse receptacles.
(2) Using government refuse receptacles or other refuse facilities for dumping household,
commercial, or industrial refuse, brought as such from private or municipal property, except in
accordance with conditions established by the superintendent.
(3) Depositing refuse in the plumbing fixtures or vaults of a toilet facility.
(4) Draining refuse from a trailer or other vehicle, except in facilities provided for such purpose.
(5) Bathing, or washing food, clothing, dishes, or other property at public water outlets, fixtures or
pools, except at those designated for such purpose.
(6) Polluting or contaminating park area waters or water courses.
(7) Disposing of fish remains on land, or in waters within 200 feet of boat docks or designated
swimming beaches, or within developed areas, except as otherwise designated.
(8) In developed areas, the disposal of human body waste, except at designated locations or in
fixtures provided for that purpose.
(9) In nondeveloped areas, the disposal of human body waste within 100 feet of a water source,
high water mark of a body of water, or a campsite, or within sight of a trail, except as otherwise
designated.
(b) The superintendent may establish conditions concerning the disposal, containerization, or
carryout of human body waste. Violation of these conditions is prohibited.
Back to Top
§2.15 Pets.
(a) The following are prohibited:
(1) Possessing a pet in a public building, public transportation vehicle, or location designated as a
swimming beach, or any structure or area closed to the possession of pets by the superintendent. This
subparagraph shall not apply to guide dogs accompanying visually impaired persons or hearing ear
dogs accompanying hearing-impaired persons.
http://www.ecfr.gov/cgi-bin/text-idx?SID=024625977ff9970b89a1f3b19fdc73a8&node=36:1.0.1.1.2&rgn=div5

9/24

7/17/2014

eCFR — Code of Federal Regulations

(2) Failing to crate, cage, restrain on a leash which shall not exceed six feet in length, or otherwise
physically confine a pet at all times.
(3) Leaving a pet unattended and tied to an object, except in designated areas or under conditions
which may be established by the superintendent.
(4) Allowing a pet to make noise that is unreasonable considering location, time of day or night,
impact on park users, and other relevant factors, or that frightens wildlife by barking, howling, or making
other noise.
(5) Failing to comply with pet excrement disposal conditions which may be established by the
superintendent.
(b) In park areas where hunting is allowed, dogs may be used in support of these activities in
accordance with applicable Federal and State laws and in accordance with conditions which may be
established by the superintendent.
(c) Pets or feral animals that are running-at-large and observed by an authorized person in the act
of killing, injuring or molesting humans, livestock, or wildlife may be destroyed if necessary for public
safety or protection of wildlife, livestock, or other park resources.
(d) Pets running-at-large may be impounded, and the owner may be charged reasonable fees for
kennel or boarding costs, feed, veterinarian fees, transportation costs, and disposal. An impounded pet
may be put up for adoption or otherwise disposed of after being held for 72 hours from the time the
owner was notified of capture or 72 hours from the time of capture if the owner is unknown.
(e) Pets may be kept by residents of park areas consistent with the provisions of this section and
in accordance with conditions which may be established by the superintendent. Violation of these
conditions is prohibited.
(f) This section does not apply to dogs used by authorized Federal, State and local law
enforcement officers in the performance of their official duties.
Back to Top
§2.16 Horses and pack animals.
The following are prohibited:
(a) The use of animals other than those designated as “pack animals” for purposes of transporting
equipment.
(b) The use of horses or pack animals outside of trails, routes or areas designated for their use.
(c) The use of horses or pack animals on a park road, except: (1) Where such travel is necessary
to cross to or from designated trails, or areas, or privately owned property, and no alternative trails or
routes have been designated; or (2) when the road has been closed to motor vehicles.
(d) Free-trailing or loose-herding of horses or pack animals on trails, except as designated.
(e) Allowing horses or pack animals to proceed in excess of a slow walk when passing in the
immediate vicinity of persons on foot or bicycle.
(f) Obstructing a trail, or making an unreasonable noise or gesture, considering the nature and
purpose of the actor's conduct, and other factors that would govern the conduct of a reasonably
prudent person, while horses or pack animals are passing.
(g) Violation of conditions which may be established by the superintendent concerning the use of
http://www.ecfr.gov/cgi-bin/text-idx?SID=024625977ff9970b89a1f3b19fdc73a8&node=36:1.0.1.1.2&rgn=div5

10/24

7/17/2014

eCFR — Code of Federal Regulations

horses or pack animals.
Back to Top
§2.17 Aircraft and air delivery.
(a) The following are prohibited:
(1) Operating or using aircraft on lands or waters other than at locations designated pursuant to
special regulations.
(2) Where a water surface is designated pursuant to paragraph (a)(1) of this section, operating or
using aircraft under power on the water within 500 feet of locations designated as swimming beaches,
boat docks, piers, or ramps, except as otherwise designated.
(3) Delivering or retrieving a person or object by parachute, helicopter, or other airborne means,
except in emergencies involving public safety or serious property loss, or pursuant to the terms and
conditions of a permit.
(b) The provisions of this section, other than paragraph (c) of this section, shall not be applicable
to official business of the Federal government, or emergency rescues in accordance with the directions
of the superintendent, or to landings due to circumstances beyond the control of the operator.
(c)(1) Except as provided in paragraph (c)(3) of this section, the owners of a downed aircraft shall
remove the aircraft and all component parts thereof in accordance with procedures established by the
superintendent. In establishing removal procedures, the superintendent is authorized to: (i) Establish a
reasonable date by which aircraft removal operations must be complete; (ii) determine times and
means of access to and from the downed aircraft; and (iii) specify the manner or method of removal.
(2) Failure to comply with procedures and conditions established under paragraph (c)(1) of this
section is prohibited.
(3) The superintendent may waive the requirements of paragraph (c)(1) of this section or prohibit
the removal of downed aircraft, upon a determination that: (i) The removal of downed aircraft would
constitute an unacceptable risk to human life; (ii) the removal of a downed aircraft would result in
extensive resource damage; or (iii) the removal of a downed aircraft is impracticable or impossible.
(d) The use of aircraft shall be in accordance with regulations of the Federal Aviation
Administration. Such regulations are adopted as a part of these regulations.
(e) The operation or use of hovercraft is prohibited.
(f) Violation of the terms and conditions of a permit issued in accordance with this section is
prohibited and may result in the suspension or revocation of the permit.
Back to Top
§2.18 Snowmobiles.
(a) Notwithstanding the definition of vehicle set forth in §1.4 of this chapter, the provisions of §§4.4,
4.12, 4.13, 4.14, 4.20, 4.21, 4.22 and 4.23 of this chapter apply to the operation of a snowmobile.
(b) Except as otherwise provided in this section, the laws of the State in which the exterior
boundaries of a park area or a portion thereof is located shall govern equipment standards and the
operation of snowmobiles. Nonconflicting State laws are adopted as a part of these regulations.
(c) The use of snowmobiles is prohibited, except on designated routes and water surfaces that are
used by motor vehicles or motorboats during other seasons. Routes and water surfaces designated for
http://www.ecfr.gov/cgi-bin/text-idx?SID=024625977ff9970b89a1f3b19fdc73a8&node=36:1.0.1.1.2&rgn=div5

11/24

7/17/2014

eCFR — Code of Federal Regulations

snowmobile use shall be promulgated as special regulations. Snowmobiles are prohibited except
where designated and only when their use is consistent with the park's natural, cultural, scenic and
aesthetic values, safety considerations, park management objectives, and will not disturb wildlife or
damage park resources.
(d) The following are prohibited:
(1) Operating a snowmobile that makes excessive noise. Excessive noise for snowmobiles
manufactured after July 1, 1975 is a level of total snowmobile noise that exceeds 78 decibels
measured on the A-weighted scale measured at 50 feet. Snowmobiles manufactured between July 1,
1973 and July 1, 1975 shall not register more than 82 decibels on the A-weighted scale at 50 feet.
Snowmobiles manufactured prior to July 1, 1973 shall not register more than 86 decibels on the Aweighted scale at 50 feet. All decibel measurements shall be based on snowmobile operation at or
near full throttle.
(2) Operating a snowmobile without a lighted white headlamp and red taillight from one half-hour
after sunset to one half-hour before sunrise, or when persons and vehicles are not clearly visible for a
distance of 500 feet.
(3) Operating a snowmobile that does not have brakes in good working order.
(4) Racing, or operating a snowmobile in excess of 45 mph, unless restricted in accordance with
§4.22 of this chapter or otherwise designated.
(e) Except where State law prescribes a different minimum age or qualification for the person
providing direct supervision and accompaniment, the following are prohibited:
(1) The operation of a snowmobile by a person under 16 years of age unless accompanied and
supervised within line of sight by a responsible person 21 years of age or older;
(2) The operation of a snowmobile by a person under 12 years of age, unless accompanied on the
same machine by a responsible person 21 years of age or older; or
(3) The supervision by one person of the operation of snowmobiles by more than one person
under 16 years of age.
[48 FR 30282, June 30, 1983, as amended at 52 FR 10683, Apr. 2, 1987]

Back to Top
§2.19 Winter activities.
(a) Skiing, snowshoeing, ice skating, sledding, innertubing, tobogganing and similar winter sports
are prohibited on park roads and in parking areas open to motor vehicle traffic, except as otherwise
designated.
(b) The towing of persons on skis, sleds, or other sliding devices by motor vehicle or snowmobile
is prohibited, except in designated areas or routes. This paragraph shall not apply to sleds designed to
be towed behind snowmobiles and joined to the snowmobile with a rigid hitching mechanism.
(c) Failure to abide by area designations or activity restrictions established under this section is
prohibited.
Back to Top
§2.20 Skating, skateboards, and similar devices.
Using roller skates, skateboards, roller skis, coasting vehicles, or similar devices is prohibited,
http://www.ecfr.gov/cgi-bin/text-idx?SID=024625977ff9970b89a1f3b19fdc73a8&node=36:1.0.1.1.2&rgn=div5

12/24

7/17/2014

eCFR — Code of Federal Regulations

except in designated areas.
Back to Top
§2.21 Smoking.
(a) The superintendent may designate a portion of a park area, or all or a portion of a building,
structure or facility as closed to smoking when necessary to protect park resources, reduce the risk of
fire, or prevent conflicts among visitor use activities. Smoking in an area or location so designated is
prohibited.
(b) Smoking is prohibited within all caves and caverns.
Back to Top
§2.22 Property.
(a) The following are prohibited:
(1) Abandoning property.
(2) Leaving property unattended for longer than 24 hours, except in locations where longer time
periods have been designated or in accordance with conditions established by the superintendent.
(3) Failing to turn in found property to the superintendent as soon as practicable.
(b) Impoundment of property. (1) Property determined to be left unattended in excess of an
allowed period of time may be impounded by the superintendent.
(2) Unattended property that interferes with visitor safety, orderly management of the park area, or
presents a threat to park resources may be impounded by the superintendent at any time.
(3) Found or impounded property shall be inventoried to determine ownership and safeguard
personal property.
(4) The owner of record is responsible and liable for charges to the person who has removed,
stored, or otherwise disposed of property impounded pursuant to this section; or the superintendent
may assess the owner reasonable fees for the impoundment and storage of property impounded
pursuant to this section.
(c) Disposition of property. (1) Unattended property impounded pursuant to this section shall be
deemed to be abandoned unless claimed by the owner or an authorized representative thereof within
60 days. The 60-day period shall begin when the rightful owner of the property has been notified, if the
owner can be identified, or from the time the property was placed in the superintendent's custody, if the
owner cannot be identified.
(2) Unclaimed, found property shall be stored for a minimum period of 60 days and, unless
claimed by the owner or an authorized representative thereof, may be claimed by the finder, provided
that the finder is not an employee of the National Park Service. Found property not claimed by the
owner or an authorized representative or the finder shall be deemed abandoned.
(3) Abandoned property shall be disposed of in accordance with title 41 Code of Federal
Regulations.
(4) Property, including real property, located within a park area and owned by a deceased person,
shall be disposed of in accordance with the laws of the State within whose exterior boundaries the
property is located.
http://www.ecfr.gov/cgi-bin/text-idx?SID=024625977ff9970b89a1f3b19fdc73a8&node=36:1.0.1.1.2&rgn=div5

13/24

7/17/2014

eCFR — Code of Federal Regulations

(d) The regulations contained in paragraphs (a)(2), (b) and (c) of this section apply, regardless of
land ownership, on all lands and waters within a park area that are under the legislative jurisdiction of
the United States.
[48 FR 30282, June 30, 1983, as amended at 52 FR 35240, Sept. 18, 1987]

Back to Top
§2.23 Recreation fees.
(a) Recreation fees shall be established as provided for in part 71 of this chapter.
(b) Entering designated entrance fee areas or using specialized sites, facilities, equipment or
services, or participating in group activities, recreation events, or other specialized recreation uses for
which recreation fees have been established without paying the required fees and possessing the
applicable permits is prohibited. Violation of the terms and conditions of a permit issued in accordance
with part 71 is prohibited and may result in the suspension or revocation of the permit.
(c) The superintendent may, when in the public interest, prescribe periods during which the
collection of recreation fees shall be suspended.
Back to Top
§2.30 Misappropriation of property and services.
(a) The following are prohibited:
(1) Obtaining or exercising unlawful possession over the property of another with the purpose to
deprive the owner of the property.
(2) Obtaining property or services offered for sale or compensation without making payment or
offering to pay.
(3) Obtaining property or services offered for sale or compensation by means of deception or a
statement of past, present or future fact that is instrumental in causing the wrongful transfer of property
or services, or using stolen, forged, expired revoked or fraudulently obtained credit cards or paying with
negotiable paper on which payment is refused.
(4) Concealing unpurchased merchandise on or about the person without the knowledge or
consent of the seller or paying less than purchase price by deception.
(5) Acquiring or possessing the property of another, with knowledge or reason to believe that the
property is stolen.
(b) The regulations contained in this section apply, regardless of land ownership, on all lands and
waters within a park area that are under the legislative jurisdiction of the United States.
[48 FR 30282, June 30, 1983, as amended at 52 FR 35240, Sept. 18, 1987]

Back to Top
§2.31 Trespassing, tampering and vandalism.
(a) The following are prohibited:
(1) Trespassing. Trespassing, entering or remaining in or upon property or real property not open
to the public, except with the express invitation or consent of the person having lawful control of the
property or real property.
http://www.ecfr.gov/cgi-bin/text-idx?SID=024625977ff9970b89a1f3b19fdc73a8&node=36:1.0.1.1.2&rgn=div5

14/24

7/17/2014

eCFR — Code of Federal Regulations

(2) Tampering. Tampering or attempting to tamper with property or real property, or moving,
manipulating or setting in motion any of the parts thereof, except when such property is under one's
lawful control or possession.
(3) Vandalism. Destroying, injuring, defacing, or damaging property or real property.
(4) Harassment. Intentional or reckless harassment of park visitors with physical contact.
(5) Obstruction. Intentional or reckless obstruction of any sidewalk, trail, highway, building
entranceway, railroad track, or public utility right-of-way, or other public passage, whether alone or with
others. The mere gathering of persons to hear a speaker communicate, or simply being a member of
such a gathering, does not constitute obstruction. An official may make a reasonable request or order
that one or more persons move in order to prevent obstruction of a public passage, and refusal of such
an order constitutes obstruction.
(b) The regulations contained in this section apply, regardless of land ownership, on all lands and
waters within a park area that are under the legislative jurisdiction of the United States.
[48 FR 30282, June 30, 1983, as amended at 52 FR 35240, Sept. 18, 1987; 75 FR 64153, Oct. 19, 2010]

Back to Top
§2.32 Interfering with agency functions.
(a) The following are prohibited:
(1) Interference. Threatening, resisting, intimidating, or intentionally interfering with a government
employee or agent engaged in an official duty, or on account of the performance of an official duty.
(2) Lawful order. Violating the lawful order of a government employee or agent authorized to
maintain order and control public access and movement during fire fighting operations, search and
rescue operations, wildlife management operations involving animals that pose a threat to public safety,
law enforcement actions, and emergency operations that involve a threat to public safety or park
resources, or other activities where the control of public movement and activities is necessary to
maintain order and public safety.
(3) False information. Knowingly giving a false or fictitious report or other false information: (i) To
an authorized person investigating an accident or violation of law or regulation or; (ii) on an application
for a permit.
(4) False Report. Knowingly giving a false report for the purpose of misleading a government
employee or agent in the conduct of official duties, or making a false report that causes a response by
the United States to a fictitious event.
(b) The regulations contained in this section apply, regardless of land ownership, on all lands and
waters within a park area that are under the legislative jurisdiction of the United States.
[48 FR 30282, June 30, 1983, as amended at 52 FR 35240, Sept. 18, 1987]

Back to Top
§2.33 Report of injury or damage.
(a) A person involved in an incident resulting in personal injury or property damage exceeding
$300, other than an accident reportable under §§3.4 or 4.4 of this chapter, shall report the incident to
the superintendent as soon as possible. This notification does not satisfy reporting requirements
imposed by applicable State law.
http://www.ecfr.gov/cgi-bin/text-idx?SID=024625977ff9970b89a1f3b19fdc73a8&node=36:1.0.1.1.2&rgn=div5

15/24

7/17/2014

eCFR — Code of Federal Regulations

(b) Failure to report an incident in accordance with paragraph (a) of this section is prohibited.
[48 FR 30282, June 30, 1983, as amended at 52 FR 10683, Apr. 2, 1987]

Back to Top
§2.34 Disorderly conduct.
(a) A person commits disorderly conduct when, with intent to cause public alarm, nuisance,
jeopardy or violence, or knowingly or recklessly creating a risk thereof, such person commits any of the
following prohibited acts:
(1) Engages in fighting or threatening, or in violent behavior.
(2) Uses language, an utterance, or gesture, or engages in a display or act that is obscene,
physically threatening or menacing, or done in a manner that is likely to inflict injury or incite an
immediate breach of the peace.
(3) Makes noise that is unreasonable, considering the nature and purpose of the actor's conduct,
location, time of day or night, and other factors that would govern the conduct of a reasonably prudent
person under the circumstances.
(4) Creates or maintains a hazardous or physically offensive condition.
(b) The regulations contained in this section apply, regardless of land ownership, on all lands and
waters within a park area that are under the legislative jurisdiction of the United States.
[48 FR 30282, June 30, 1983, as amended at 52 FR 35240, Sept. 18, 1987]

Back to Top
§2.35 Alcoholic beverages and controlled substances.
(a) Alcoholic beverages. (1) The use and possession of alcoholic beverages within park areas is
allowed in accordance with the provisions of this section.
(2) The following are prohibited:
(i) The sale or gift of an alcoholic beverage to a person under 21 years of age, except where
allowed by State law. In a State where a lower minimum age is established, that age limit will apply for
purposes of this subparagraph.
(ii) The possession of an alcoholic beverage by a person under 21 years of age, except where
allowed by State law. In a State where a lower minimum age is established, that age will apply for
purposes of this subparagraph.
(3)(i) The superintendent may close all or a portion of a public use area or public facility within a
park area to the consumption of alcoholic beverages and/or to the possession of a bottle, can or other
receptacle containing an alcoholic beverage that is open, or that has been opened, or whose seal is
broken or the contents of which have been partially removed. Provided however, that such a closure
may only be implemented following a determination made by the superintendent that:
(A) The consumption of an alcoholic beverage or the possession of an open container of an
alcoholic beverage would be inappropriate considering other uses of the location and the purpose for
which it is maintained or established; or
(B) Incidents of aberrant behavior related to the consumption of alcoholic beverages are of such
magnitude that the diligent application of the authorities in this section and §§1.5 and 2.34 of this
http://www.ecfr.gov/cgi-bin/text-idx?SID=024625977ff9970b89a1f3b19fdc73a8&node=36:1.0.1.1.2&rgn=div5

16/24

7/17/2014

eCFR — Code of Federal Regulations

chapter, over a reasonable time period, does not alleviate the problem.
(ii) A closure imposed by the superintendent does not apply to an open container of an alcoholic
beverage that is stored in compliance with the provisions of §4.14 of this chapter.
(iii) Violating a closure imposed pursuant to this section is prohibited.
(b) Controlled substances. The following are prohibited:
(1) The delivery of a controlled substance, except when distribution is made by a practitioner in
accordance with applicable law. For the purposes of this paragraph, delivery means the actual,
attempted or constructive transfer of a controlled substance whether or not there exists an agency
relationship.
(2) The possession of a controlled substance, unless such substance was obtained by the
possessor directly, or pursuant to a valid prescription or order, from a practitioner acting in the course
of professional practice or otherwise allowed by Federal or State law.
(c) Presence in a park area when under the influence of alcohol or a controlled substance to a
degree that may endanger oneself or another person, or damage property or park resources, is
prohibited.
[48 FR 30282, June 30, 1983, as amended at 52 FR 10683, Apr. 2, 1987]

Back to Top
§2.36 Gambling.
(a) Gambling in any form, or the operation of gambling devices, is prohibited.
(b) This regulation applies, regardless of land ownership, on all lands and waters within a park
area that are under the legislative jurisdiction of the United States.
[48 FR 30282, June 30, 1983, as amended at 52 FR 35240, Sept. 18, 1987]

Back to Top
§2.37 Noncommercial soliciting.
Soliciting or demanding gifts, money, goods or services is prohibited, except pursuant to the terms
and conditions of a permit that has been issued under §2.50, §2.51 or §2.52.
Back to Top
§2.38 Explosives.
(a) Using, possessing, storing, or transporting explosives, blasting agents or explosive materials is
prohibited, except pursuant to the terms and conditions of a permit. When permitted, the use,
possession, storage and transportation shall be in accordance with applicable Federal and State laws.
(b) Using or possessing fireworks and firecrackers is prohibited, except pursuant to the terms and
conditions of a permit or in designated areas under such conditions as the superintendent may
establish, and in accordance with applicable State law.
(c) Violation of the conditions established by the superintendent or of the terms and conditions of a
permit issued in accordance with this section is prohibited and may result in the suspension or
revocation of the permit.
http://www.ecfr.gov/cgi-bin/text-idx?SID=024625977ff9970b89a1f3b19fdc73a8&node=36:1.0.1.1.2&rgn=div5

17/24

7/17/2014

eCFR — Code of Federal Regulations

Back to Top
§2.50 Special events.
(a) Sports events, pageants, regattas, public spectator attractions, entertainments, ceremonies,
and similar events are allowed: Provided, however, There is a meaningful association between the park
area and the events, and the observance contributes to visitor understanding of the significance of the
park area, and a permit therefor has been issued by the superintendent. A permit shall be denied if
such activities would:
(1) Cause injury or damage to park resources; or
(2) Be contrary to the purposes for which the natural, historic, development and special use zones
were established; or unreasonably impair the atmosphere of peace and tranquility maintained in
wilderness, natural, historic, or commemorative zones.
(3) Unreasonably interfere with interpretive, visitor service, or other program activities, or with the
administrative activities of the National Park Service; or
(4) Substantially impair the operation of public use facilities or services of National Park Service
concessioners or contractors; or
(5) Present a clear and present danger to the public health and safety; or
(6) Result in significant conflict with other existing uses.
(b) An application for such a permit shall set forth the name of the applicant, the date, time,
duration, nature and place of the proposed event, an estimate of the number of persons expected to
attend, a statement of equipment and facilities to be used, and any other information required by the
superintendent. The application shall be submitted so as to reach the superintendent at least 72 hours
in advance of the proposed event.
(c) As a condition of permit issuance, the superintendent may require:
(1) The filing of a bond payable to the Director, in an amount adequate to cover costs such as
restoration, rehabilitation, and cleanup of the area used, and other costs resulting from the special
event. In lieu of a bond, a permittee may elect to deposit cash equal to the amount of the required bond.
(2) In addition to the requirements of paragraph (c)(1) of this section, the acquisition of liability
insurance in which the United States is named as co-insured in an amount sufficient to protect the
United States.
(d) The permit may contain such conditions as are reasonably consistent with protection and use
of the park area for the purposes for which it is established. It may also contain reasonable limitations
on the equipment used and the time and area within which the event is allowed.
(e) Violation of the terms and conditions of a permit issued in accordance with this section is
prohibited and may result in the suspension or revocation of the permit.
[48 FR 30282, June 30, 1983; 48 FR 31847, July 11, 1983]

Back to Top
§2.51 Demonstrations.
(a) Demonstrations. The term “demonstrations” includes demonstrations, picketing,
speechmaking, marching, holding vigils or religious services, and all other like forms of conduct that
involve the communication or expression of views or grievances, engaged in by one or more persons,
http://www.ecfr.gov/cgi-bin/text-idx?SID=024625977ff9970b89a1f3b19fdc73a8&node=36:1.0.1.1.2&rgn=div5

18/24

7/17/2014

eCFR — Code of Federal Regulations

the conduct of which is reasonably likely to attract a crowd or onlookers. This term does not include
casual park use by visitors or tourists that is not reasonably likely to attract a crowd or onlookers.
(b) Permits and the small group permit exception. Demonstrations are allowed within park areas
designated as available under paragraph (c)(2) of this section, when the superintendent has issued a
permit for the activity, except that:
(1) Demonstrations involving 25 persons or fewer may be held without a permit within designated
park areas, provided that:
(i) None of the reasons for denying a permit that are set out in paragraph (f) of this section are
present;
(ii) The group is not merely an extension of another group already availing itself of the small group
permit exception under this provision;
(iii) They will not unreasonably interfere with other permitted demonstrations and special events, or
park program activities; and
(iv) Hand-carried signs may be used, but stages, platforms, or structures may not be used.
(2) While it is not mandatory, the organizer is requested to provide reasonable notice of the
proposed event to the park superintendent, including whether there is any reason to believe that there
may be an attempt to disrupt, protest, or prevent the activity.
(3) The 25-person maximum for the small group permit exception may be reduced for a
designated available area, but only if:
(i) A written determination that a 25-person group cannot be reasonably physically accommodated
within that area is approved by the regional director; and
(ii) The written determination is made available at the office of the superintendent and by public
notice under §1.7 of this chapter.
(4) In the event that two or more groups taking advantage of the small group permit exception seek
to use the same designated available area at the same time, and the area cannot reasonably
accommodate multiple occupancy, the superintendent will, whenever possible, direct the later-arriving
group to relocate to another nearby designated available area.
(c) Designated available park areas. (1) Locations may be designated as available for
demonstrations under this section, and for the sale or distribution of printed matter under §2.52, only if
these activities would not:
(i) Cause injury or damage to park resources;
(ii) Unreasonably impair the atmosphere of peace and tranquility maintained in wilderness, natural,
historic, or commemorative zones;
(iii) Unreasonably interfere with interpretive, visitor service, or other program activities, or with the
administrative activities of the National Park Service;
(iv) Substantially impair the operation of public use facilities or services of National Park Service
concessioners, holders of commercial use authorizations, or contractors;
(v) Present a clear and present danger to the public health and safety; or
(vi) Be incompatible with the nature and traditional use of the particular park area involved.
http://www.ecfr.gov/cgi-bin/text-idx?SID=024625977ff9970b89a1f3b19fdc73a8&node=36:1.0.1.1.2&rgn=div5

19/24

7/17/2014

eCFR — Code of Federal Regulations

(2) The superintendent must designate on a map, which must be available in the office of the
superintendent and by public notice under §1.7 of this chapter, the locations designated as available for
demonstrations and the sale or distribution of printed matter.
(d) Application for permit. A permit application must provide:
(1) The name of the applicant or the name of the organization (if any);
(2) The date, time, duration, nature, and place of the proposed event;
(3) An estimate of the number of persons expected to attend;
(4) A statement of equipment and facilities to be used;
(5) Whether there is any reason to believe that there will be an attempt to disrupt, protest, or
prevent the event; and
(6) Any other information required by the permit application form.
(e) The superintendant must not accept an application more than one year before the proposed
event (including time required for set-up); applications received more than a year in advance will be
returned to the applicant.
(f) Processing the application. The superintendent must issue a permit or a written denial within
ten days of receiving a complete and fully executed application. A permit will be approved unless:
(1) The superintendant has granted or will grant a prior application for a permit for the same time
and place, and the activities authorized by that permit do not reasonably allow multiple occupancy of
that particular area;
(2) It reasonably appears that the event will present a clear and present danger to public health or
safety;
(3) The event is of such nature or duration that it cannot reasonably be accommodated in the
particular location applied for, considering such things as damage to park resources or facilities,
impairment of a protected area's atmosphere of peace and tranquility, interference with program
activities, or impairment of public use facilities;
(4) The location applied for has not been designated as available under paragraph (c)(2) of this
section;
(5) The application was submitted more than one year before the proposed event (including setup); or
(6) The activity would constitute a violation of an applicable law or regulation.
(g) Written denial of permit. If a permit is denied, the superintendant will inform the applicant in
writing of the denial and the reasons for it.
(h) Permit conditions. The permit may contain conditions reasonably consistent with the
requirements of public health and safety, protection of park resources, and the use of the park area for
the purposes for which it was established. It may also contain reasonable limitations on the equipment
used and the time and area within which the event is allowed.
(i) Permit duration. (1) Permits may be issued for a maximum of 14 consecutive days.
(2) A permit may be extended for up to 14 days, but a new application must be submitted for each
extension requested.
http://www.ecfr.gov/cgi-bin/text-idx?SID=024625977ff9970b89a1f3b19fdc73a8&node=36:1.0.1.1.2&rgn=div5

20/24

7/17/2014

eCFR — Code of Federal Regulations

(3) The extension may be denied if another applicant has requested use of the same location and
the location cannot reasonably accommodate multiple occupancy.
(j) Violation prohibited. Violation of these regulations or the terms of the permit is prohibited.
(k) Permit revocation, termination of small group exception. (1) The superintendent may revoke a
permit for any violation of its terms and conditions.
(2) The superintendent may revoke a permit, or order a small group permit exception activity to
cease, when any of the conditions listed in paragraph (f) of this section exist.
(3) The superintendent will make the revocation or order to cease in writing, with the reasons
clearly set forth. In emergency circumstances the superintendent will make an immediate verbal
revocation or order to cease, followed by written confirmation within 72 hours.
[75 FR 64153, Oct. 19, 2010, as amended at 78 FR 37717, June 24, 2013]

Back to Top
§2.52 Sale or distribution of printed matter.
(a) Printed Matter. The term “printed matter” means message-bearing textual printed material
such as books, pamphlets, magazines, and leaflets, provided that it is not solely commercial
advertising.
(b) Permits and the small group permit exception. The sale or distribution of printed matter is
allowed within park areas designated as available under §2.51(c)(2) when the superintendent has
issued a permit for the activity, except that:
(1) Sale or distribution activity by 25 persons or fewer may be conducted without a permit within
designated park areas, provided that:
(i) None of the reasons for denying a permit that are set out in paragraph (e) of this section are
present;
(ii) The group is not merely an extension of another group already availing itself of the small group
permit exception under this provision;
(iii) The sale or distribution will not unreasonably interfere with other permitted demonstrations and
special events, or program activities; and
(iv) Hand-carried signs may be used, but stages, platforms, or structures may not be used.
(2) While it is not mandatory, the organizer is requested to provide reasonable notice of the
proposed event to the park superintendent, including whether there is any reason to believe that there
may be an attempt to disrupt, protest, or prevent the activity.
(3) The 25-person maximum for the small group permit exception may be reduced for a
designated available area, but only if:
(i) A written determination that a 25-person group cannot be reasonably physically accommodated
within that area is approved by the regional director; and
(ii) The written determination is made available at the office of the superintendent and by public
notice under §1.7 of this chapter.
(4) In the event that two or more groups taking advantage of the small group permit exception seek
to use the same designated available area at the same time, and the area cannot reasonably
http://www.ecfr.gov/cgi-bin/text-idx?SID=024625977ff9970b89a1f3b19fdc73a8&node=36:1.0.1.1.2&rgn=div5

21/24

7/17/2014

eCFR — Code of Federal Regulations

accommodate multiple occupancy, the superintendent will, whenever possible, direct the later arriving
group to relocate to another nearby designated available area.
(c) Application for permit. An application must provide:
(1) The name of the applicant or the name of the organization (if any);
(2) The date, time, duration, nature, and place of the proposed event;
(3) An estimate of the number of persons expected to attend;
(4) A statement of equipment and facilities to be used;
(5) Whether there is any reason to believe that there will be an attempt to disrupt, protest, or
prevent the event; and
(6) Any other information required by the permit application form.
(d) The superintendant must not accept an application more than one year before the proposed
event (including time required for set-up); applications received more than a year in advance will be
returned to the applicant.
(e) Processing the application. The superintendent must issue a permit or a written denial within
ten days of receiving a complete and fully executed application. A permit will be approved unless:
(1) The superintendant has granted or will grant a prior application for a permit for the same time
and place, and the activities authorized by that permit do not reasonably allow multiple occupancy of
the particular area;
(2) It reasonably appears that the sale or distribution will present a clear and present danger to the
public health and safety;
(3) The number of persons engaged in the sale or distribution exceeds the number that can
reasonably be accommodated in the particular location applied for, considering such things as damage
to park resources or facilities, impairment of a protected area's atmosphere of peace and tranquility,
interference with program activities, or impairment of public use facilities;
(4) The location applied for has not been designated as available under §2.51(c)(2);
(5) The application was submitted more than one year before the proposed event (including setup); or
(6) The activity would constitute a violation of an applicable law or regulation.
(f) Written denial of permit. If a permit is denied, the superintendant will inform the applicant in
writing of the denial and the reasons for it.
(g) Permit conditions. The permit may contain conditions reasonably consistent with the
requirements of public health and safety, protection of park resources, and the use of the park area for
the purposes for which it was established.
(h) Permit duration. (1) Permits may be issued for a maximum of 14 consecutive days.
(2) A permit may be extended for up to 14 days, but a new application must be submitted for each
extension requested.
(3) The extension may be denied if another applicant has requested use of the same location and
the location cannot reasonably accommodate multiple occupancy.
http://www.ecfr.gov/cgi-bin/text-idx?SID=024625977ff9970b89a1f3b19fdc73a8&node=36:1.0.1.1.2&rgn=div5

22/24

7/17/2014

eCFR — Code of Federal Regulations

(i) Misrepresentation. It is prohibited for persons engaged in the sale or distribution of printed
matter under this section to misrepresent the purposes or affiliations of those engaged in the sale or
distribution, or to misrepresent whether the printed matter is available without cost or donation.
(j) Violation prohibited. Violation of these regulations or the terms of the permit is prohibited.
(k) Permit revocation, termination of small group exception. (1) The superintendent may revoke a
permit for any violation of its terms and conditions.
(2) The superintendent may revoke a permit, or order a small group permit exception activity to
cease, when any of the conditions listed in paragraph (e) of this section exist.
(3) The superintendent will make the revocation or order to cease in writing, with the reasons
clearly set forth. In emergency circumstances the superintendent will make an immediate verbal
revocation or order to cease, followed by written confirmation within 72 hours.
[75 FR 64154, Oct. 19, 2010, as amended at 78 FR 37717, June 24, 2013]

Back to Top
§2.60 Livestock use and agriculture.
(a) The running-at-large, herding, driving across, allowing on, pasturing or grazing of livestock of
any kind in a park area or the use of a park area for agricultural purposes is prohibited, except:
(1) As specifically authorized by Federal statutory law; or
(2) As required under a reservation of use rights arising from acquisition of a tract of land; or
(3) As designated, when conducted as a necessary and integral part of a recreational activity or
required in order to maintain a historic scene.
(b) Activities authorized pursuant to any of the exceptions provided for in paragraph (a) of this
section shall be allowed only pursuant to the terms and conditions of a license, permit or lease.
Violation of the terms and conditions of a license, permit or lease issued in accordance with this
paragraph is prohibited and may result in the suspension or revocation of the license, permit, or lease.
(c) Impounding of livestock. (1) Livestock trespassing in a park area may be impounded by the
superintendent and, if not claimed by the owner within the periods specified in this paragraph, shall be
disposed of in accordance with applicable Federal and State law.
(2) In the absence of applicable Federal or State law, the livestock shall be disposed of in the
following manner:
(i) If the owner is known, prompt written notice of impoundment will be served, and in the event of
the owner's failure to remove the impounded livestock within five (5) days from delivery of such notice,
it will be disposed of in accordance with this paragraph.
(ii) If the owner is unknown, disposal of the livestock shall not be made until at least fifteen (15)
days have elapsed from the date that a notice of impoundment is originally published in a newspaper of
general circulation in the county in which the trespass occurs or, if no such newspaper exists,
notification is provided by other appropriate means.
(iii) The owner may redeem the livestock by submitting proof of ownership and paying all expenses
of the United States for capturing, advertising, pasturing, feeding, impounding, and the amount of
damage to public property injured or destroyed as a result of the trespass.
(iv) In determining the claim of the government in a livestock trespass, the value of forage
http://www.ecfr.gov/cgi-bin/text-idx?SID=024625977ff9970b89a1f3b19fdc73a8&node=36:1.0.1.1.2&rgn=div5

23/24

7/17/2014

eCFR — Code of Federal Regulations

consumed shall be computed at the commercial rates prevailing in the locality for the class of livestock
found in trespass. The claim shall include the pro rata salary of employees for the time spent and the
expenses incurred as a result of the investigation, reporting, and settlement or prosecution of the claim.
(v) If livestock impounded under this paragraph is offered at public sale and no bid is received, or if
the highest bid received is less than the amount of the claim of the United States or of the officer's
appraised value of the livestock, whichever is the lesser amount, such livestock, may be sold at private
sale for the highest amount obtainable, condemned and destroyed, or converted to the use of the
United States.
Back to Top
§2.61 Residing on Federal lands.
(a) Residing in park areas, other than on privately owned lands, except pursuant to the terms and
conditions of a permit, lease or contract, is prohibited.
(b) Violation of the terms and conditions of a permit issued in accordance with this section is
prohibited and may result in the suspension or revocation of the permit.
Back to Top
§2.62 Memorialization.
(a) The installation of a monument, memorial, tablet, structure, or other commemorative
installation in a park area without the authorization of the Director is prohibited.
(b) The scattering of human ashes from cremation is prohibited, except pursuant to the terms and
conditions of a permit, or in designated areas according to conditions which may be established by the
superintendent.
(c) Failure to abide by area designations and established conditions is prohibited.
(d) Violation of the terms and conditions of a permit issued in accordance with this section is
prohibited and may result in the suspension or revocation of the permit.
Back to Top

For questions or comments regarding e-CFR editorial content, features, or design, email [email protected].
For questions concerning e-CFR programming and delivery issues, email [email protected].

http://www.ecfr.gov/cgi-bin/text-idx?SID=024625977ff9970b89a1f3b19fdc73a8&node=36:1.0.1.1.2&rgn=div5

24/24


File Typeapplication/pdf
File Modified2014-07-17
File Created2014-07-17

© 2024 OMB.report | Privacy Policy