50 CFR § 35.1 - 35.14 - The National Wildlife Refuge System - Wilderness Preservation and Management

558 50 CFR Ch. I (10–1–23 Edition) § 34.8 The appraisals will be reviewed by the Service’s review appraisers and the de termination of the regional director as to fair market value shall be final and conclusive and shall be the basis for computation of revenue sharing pay ments. § 34.8 Appropriations authorized. The Act authorizes appropriations to the fund for any fiscal year when the aggregate amount of payments re quired to be made exceeds the net re ceipts in the fund. § 34.9 Protests. (a) Computation of payments shall be based on Federal records concerning land, real property improvements, and accounting of net receipts from areas administered solely or primarily by the Service. (b) Any affected county may protest the results of the computations of its payments to the regional director in charge of the State and county af fected. See § 29.21–2(c) for a listing of the regional directors of the Service. (c) Any protesting county shall sub mit sufficient evidence to show error in the computation or the data from which the computations are made. (d) All protests to the regional direc tor shall be filed within 90 days from the date of receipt of the payment. (e) The regional director shall con sult with the affected county to resolve conflicts in the computations and/or data. The regional director shall make a determination as to the correct pay ment, which determination shall be final and conclusive. PART 35—WILDERNESS PRESERVA TION AND MANAGEMENT Subpart A—General Rules Sec. 35.1 Definitions. 35.2 Objectives. 35.3 General regulations. 35.4 Appropriations and personnel. 35.5 Commercial enterprises, roads, motor vehicles, motorized equipment, motor boats, aircraft, mechanical transport, structures, and installations. 35.6 Public use. 35.7 Control of wildfires, insects, pest plants, and disease. 35.8 Forest management. 35.9 Livestock grazing. 35.10 Controlled burning. 35.11 Scientific uses. 35.12 Water rights. 35.13 Access to State and private lands. 35.14 Special regulations. Subpart B—Special Regulations for Specific National Wildlife Refuge Wilderness [Reserved] AUTHORITY: 78 Stat. 890; 16 U.S.C. 1131–1136; 43 U.S.C. 1201. SOURCE: 36 FR 25426, Dec. 31, 1971, unless otherwise noted. Subpart A—General Rules § 35.1 Definitions. As used in the rules and regulations in this subchapter: National Wildlife Refuge System means all lands, waters, and interests therein administered by the U.S. Fish and Wildlife Service as national wildlife refuges, wildlife ranges, game ranges, wildlife management areas, waterfowl production areas, and areas for the pro tection and conservation of fish and wildlife which are threatened with ex tinction. National Wilderness Preservation Sys tem means the units designated as wil derness by the Congress under the pro visions of the Wilderness Act (supra). Wilderness Units shall mean areas in the National Wildlife Refuge System that have been designated by Act of Congress as units of the National Wil derness Preservation System. Secretary means the Secretary of the Interior. Director means the Director of the U.S. Fish and Wildlife Service. § 35.2 Objectives. (a) Units of the National Wildlife Refuge System have been established by divers legal means and are adminis tered for a variety of wildlife program purposes. The establishment of each wilderness unit is within and supple mental to the purposes for which a spe cific unit of the National Wildlife Ref uge System was established and is ad ministered. Each wilderness shall be administered for such other purposes for which the national wildlife refuge VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00568 Fmt 8010 Sfmt 8010 Y:\SGML\259244.XXX 259244js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 559 U.S. Fish and Wildlife Serv., Interior § 35.6 was established and shall be also ad ministered to preserve its wilderness character. (b) Except as otherwise provided by law, wilderness areas shall be devoted to the public purposes of recreational, scenic, scientific, educational, con servation, and historical use and shall be administered in such a manner as will leave them unimpaired for future use and enjoyment as wilderness. § 35.3 General regulations. Rules and regulations governing ad ministration of the National Wildlife Refuge System will apply to wilderness units where said rules and regulations do not conflict with provisions of the Wilderness Act or Act of Congress which establishes the wilderness unit. § 35.4 Appropriations and personnel. No appropriation shall be made avail able for the payment of expenses or sal aries for the administration of a wil derness unit as a separate entity nor shall any appropriation be made avail able for additional personnel solely for the purpose of managing or admin istering areas because they are in cluded within the National Wilderness Preservation System. § 35.5 Commercial enterprises, roads, motor vehicles, motorized equip ment, motorboats, aircraft, mechan ical transport, structures, and in stallations. Except as specifically provided and subject to existing private rights, there shall be no commercial enterprise and no permanent road within a wilderness unit, and except as necessary to meet minimum requirements for the admin istration of the area (including meas ures required in emergencies involving the health and safety of persons within the area), there shall be no temporary road, no use of motor vehicles, motor ized equipment or motorboats, no land ing of aircraft, no other form of mecha nized transport, and no structure or in stallation within any such area. (a) The Director may authorize occu pancy and use of a national wildlife ref uge by officers, employees, agencies, and agents of Federal, State, and coun ty governments to carry out the pur poses of the Wilderness Act and the Act establishing the wilderness and will prescribe conditions under which mo torized equipment, mechanical trans port, aircraft, motorboats, installa tions, or structures may be used to meet the minimum requirements for authorized activities to protect and ad minister the wilderness. The Director may also prescribe the conditions under which such equipment, trans port, aircraft, installations, or struc tures may be used in emergencies in volving the health and safety of per sons, damage to property, violations of civil and criminal law, or other pur poses. (b) The Director may permit, subject to such restrictions as he deems desir able, the landing of aircraft and the use of motorized equipment at places with in a wilderness where such uses were established prior to the date the wil derness was designated by Act of Con gress as a unit of the National Wilder ness Preservation System. § 35.6 Public use. Public uses of a wilderness unit will be in accordance with the purposes for which the individual national wildlife refuge was established and is adminis tered and laws and regulations gov erning public uses within the National Wildlife Refuge System. (a) When public uses are authorized within a wilderness unit, the Refuge Manager may regulate such use. Regu lating will include limiting the num bers of persons allowed in the wilder ness at a given time, imposing restric tions on time, seasons, kinds and loca tion of public uses, requiring a permit or reservation to visit the area, and similar actions. (b) All persons entering a wilderness unit will be required to remove such materials as they carry in. (c) Informational signs for the con venience of visitors will not be per mitted in a wilderness unit; however, rustic directional signs for vistor safe ty may be installed in locations appro priate to a wilderness setting. (d) Limited public use facilities and improvements may be provided as nec essary for the protection of the refuge and wilderness and for public safety. Facilities and improvements will not VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00569 Fmt 8010 Sfmt 8010 Y:\SGML\259244.XXX 259244js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 560 50 CFR Ch. I (10–1–23 Edition) § 35.7 be provided for the comfort and con venience of wilderness visitors. (e) Public services and temporary structures generally offered by pack ers, outfitters, and guides for realizing the recreational or other wilderness purposes of a wilderness may be per mitted. Temporary installations and structures which existed for these sub sistence purposes under valid special use permit or easement when the wil derness was established may be contin ued if their use is necessary to admin ister the refuge for the purposes for which it was established and for wilder ness purposes. The number, nature, and extent of such temporary structures and services will be controlled through regulations and special use permits issued by the Refuge Manager so as to provide maximum protection of wilder ness resources and values. (f) Hunting and fishing in a refuge wilderness will be in accordance with Federal and State regulations includ ing special regulations for the specific wildlife refuge. Hunting or fishing which requires motorized equipment will not be permitted except as pro vided in § 35.5(a) and (b). § 35.7 Control of wildfires, insects, pest plants, and disease. To the extent necessary, the Director shall prescribe measures to control wildfires, insects, pest plants, and dis ease to prevent unacceptable loss of wilderness resources and values, loss of life, and damage to property. § 35.8 Forest management. Forest management activities in a wilderness unit will be directed toward allowing natural ecological processes to operate freely. Commercial har vesting of timber shall not be per mitted except where necessary to con trol attacks of insects or disease as prescribed in § 35.7. § 35.9 Livestock grazing. (a) The grazing of livestock, where established prior to the date of legisla tion which designates a wilderness unit, may be permitted to continue subject to part 29 of this subchapter and in accordance with special provi sions which may be prescribed for indi vidual units. Numbers of permitted livestock will not be more liberal than those utilizing a wilderness prior to es tablishment and may be more restric tive. (b) The Director may permit, subject to such conditions as he deems nec essary, the maintenance, reconstruc tion or relocation of only those live stock management improvements and structures which existed within a wil derness unit when it was incorporated into the National Wilderness Preserva tion System. § 35.10 Controlled burning. Controlled burning will be permitted on wilderness units when such burning will contribute to the maintenance of the wilderness resource and values in the unit; however, any fire in a wilder ness area that poses a threat to re sources or facilities outside the unit will be controlled and extinguished. [36 FR 25426, Dec. 31, 1971, as amended at 37 FR 12067, June 17, 1972] § 35.11 Scientific uses. Recognizing the scientific value of wilderness, research data gathering and similar scientific uses will be en couraged providing that wilderness val ues are not impaired. The person or agency involved in scientific investiga tion must be willing to accept reason able limitations on activities and loca tion and size of the area to be used for research purposes. A special use permit authorizing scientific uses shall be re quired. § 35.12 Water rights. Nothing in the regulations in this part constitutes an expressed or im plied claim or denial on the part of the Department of the Interior as to ex emption from State water laws. § 35.13 Access to State and private lands. Rights of States or persons and their successors in interest, whose land is surrounded by a wilderness unit, will be recognized to assure adequate access to that land. Adequate access is defined as the combination of modes and routes of travel which will best pre serve the wilderness character of the landscape. Mode of travel designated shall be reasonable and consistent with VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00570 Fmt 8010 Sfmt 8010 Y:\SGML\259244.XXX 259244js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 561 U.S. Fish and Wildlife Serv., Interior § 36.1 accepted, conventional, contemporary modes of travel in said vicinity. Use will be consistent with reasonable pur poses for which such land is held. The Director will issue such permits as are necessary for access, designating the means and route of travel for ingress and degress so as to preserve the wil derness character of the area. [36 FR 25426, Dec. 31, 1971; 37 FR 1049, Jan. 22, 1972] § 35.14 Special regulations. (a) Special regulations will be issued by the Director for individual wilder ness units within the National Wildlife Refuge System as established by Public Law. These special regulations will supplement the provisions of this part. (b) Special regulations may contain administrative and public uses as rec ognized in the: (1) Legislative Record of the estab lishing Act. (2) Committee Reports of the Con gress. (3) Departmental and Executive Re ports to the Congress. (4) Other provisions. (c) Such special regulations shall be published in subpart B of this part after a wilderness has been established by Public Law and shall become effec tive upon publication in the FEDERAL REGISTER (12–31–71). Subpart B—Special Regulations for Specific National Wildlife Ref uge Wilderness [Reserved] PART 36—ALASKA NATIONAL WILDLIFE REFUGES Subpart A—Introduction and General Provisions Sec. 36.1 How do the regulations in this part apply to me and what do they cover? 36.2 What do these terms mean? 36.3 Information collection. Subpart B—Subsistence Uses 36.11 Purpose and policy. 36.12 Use of snowmobiles, motorboats, dog teams and other means of surface trans portation traditionally employed by local rural residents engaged in subsist ence uses. 36.13 Subsistence fishing. 36.14 Subsistence hunting and trapping. 36.15 Subsistence uses of timber and plant material. 36.16 Closure to subsistence uses of fish and wildlife. Subpart C [Reserved] Subpart D—Other Refuge Uses 36.31 Recreational activities. 36.32 Taking of fish and wildlife. 36.33 What do I need to know about using cabins and related structures on Alaska National Wildlife Refuges? 36.34 Firearms. 36.35 Unattended property. 36.36 Sled dogs and household pets. 36.37 Revenue producing visitor services. Subpart E—Refuge Specific Regulations 36.39 Public use. Subpart F—Permits and Public Participation and Closure Procedures 36.41 Permits. 36.42 Public participation and closure proce dures. TABLE I TO PART 36—SUMMARY LISTING THE NATIONAL WILDLIFE REFUGES IN ALASKA AS ESTABLISHED BY THE ALASKA LANDS ACT, PUB. L. 96–487, DECEMBER 2, 1980 AUTHORITY: 16 U.S.C. 460(k) et seq., 668dd– 668ee, 3101 et seq., Pub. L. 115–20, 131 Stat. 86. SOURCE: 46 FR 31827, June 17, 1981, unless otherwise noted. Subpart A—Introduction and General Provisions § 36.1 How do the regulations in this part apply to me and what do they cover? (a) The regulations contained in this part are prescribed for the proper use and management of all Alaska Na tional Wildlife Refuges and supplement the general National Wildlife Refuge System regulations found in title 50 CFR chapter I, subchapter C. The gen eral National Wildlife Refuge System regulations are automatically applica ble in their entirety to the Alaska Na tional Wildlife Refuges except as sup plemented or modified by these regula tions or amended by ANILCA. (b) Except as provided in paragraph (c) of this section, the regulations con tained in this part are applicable only on federally-owned lands within the VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00571 Fmt 8010 Sfmt 8010 Y:\SGML\259244.XXX 259244js pe ar s on D S K 12 1T N 23 P R O D w ith C F R