Draft 2006 NPS Management Policies

**CHAPTER 8—USE OF THE PARKS**

**8**USE OF THE PARKS

8.1GENERAL

8.1.1Appropriate Use

8.1.2Unacceptable Impacts

8.2VISITOR USE

8.2.1Carrying Capacity

8.2.2Recreational Activities

8.2.2.1Management of Recreational Use

8.2.2.2Commercial Visitor Services

8.2.2.3River Use

8.2.2.4Backcountry Use

8.2.2.5Fishing

8.2.2.6Hunting and Trapping

8.2.2.7Recreational Pack and Saddle Stock Use

8.2.3Use of Motorized Equipment and Mechanized Modes of Travel

8.2.3.1Off-road Vehicle Use

8.2.3.2Snowmobiles and Oversnow Vehicles

8.2.3.3Personal Watercraft

8.2.4Accessibility for Persons with Disabilities

8.2.5Visitor Safety and Emergency Response

8.2.5.1Visitor Safety

8.2.5.2Emergency Preparedness and Emergency Operations

8.2.5.3Search and Rescue

8.2.5.4Emergency Medical Services

8.2.6Recreation Fees and Reservations 

8.2.6.1Recreation Fees

8.2.6.2National Park Reservation Service

8.3LAW ENFORCEMENT PROGRAM  

8.3.1General

8.3.2Context for Law Enforcement

8.3.3Shared Responsibilities

8.3.4Enforcement Authority

8.3.5Jurisdiction

8.3.6Use of Force

8.3.7Law Enforcement Information and Media Relations

8.3.8Homeland Security

8.4OVERFLIGHTS AND AVIATION USES

8.4.1Alaska and Remote Areas

8.4.2Education

8.4.3General Aviation

8.4.4Administrative Use

8.4.5Military Aviation

8.4.6Commercial Air Tour Management

8.4.7Permitted Overflights

8.4.8Airports and Landing Sites

8.5NATIVE AMERICAN USE

8.6SPECIAL PARK USES

8.6.1General

8.6.1.1Requests for Permits

8.6.1.2Fees

8.6.2Special Events

8.6.2.1  General

8.6.2.2  Fireworks Displays

8.6.2.3Sale of Food or Merchandise

8.6.2.4  Roads and Highways

8.6.3First Amendment Activities

8.6.4Rights-of-way for Utilities and Roads

8.6.4.1 General

8.6.4.2Utilities                                                                                                

8.6.4.3 Telecommunications Antenna Sites 

8.6.4.4Roads and Highways

8.6.5Access to Private Property

8.6.6Filming and Photography

8.6.6.1General

8.6.6.2Permits and Fees

8.6.6.3NPS Participation 

8.6.7 Agricultural Uses

8.6.8Grazing by Domestic and Feral Livestock

8.6.8.1General

8.6.8.2Managing Agricultural Grazing

8.6.8.2.1Permitting Agricultural Grazing

8.6.8.2.2Structures for Agricultural Grazing

8.6.8.3Trespass and Feral Livestock

8.6.9Military Operations

8.6.10Cemeteries and Burials

8.6.10.1National Cemeteries

8.6.10.2Family Cemeteries

8.6.10.3Other Burials and the Scattering of Ashes

8.6.11Other Special Park Uses

8.7MINERAL EXPLORATION AND DEVELOPMENT

8.7.1Mining Claims

8.7.2Federal Mineral Leases

8.7.3Non-federally Owned Minerals

8.8COLLECTING NATURAL PRODUCTS

8.9CONSUMPTIVE USES

8.10NATURAL AND CULTURAL STUDIES, RESEARCH, AND COLLECTION ACTIVITIES

8.11SOCIAL SCIENCE STUDIES

8.11.1General

8.11.2NPS-supported Studies

8.11.3Independent and Commercial Studies

8.11.4Management and Conduct of Studies 

8.12Leases and Cooperative Agreements 

**Management Policies 2006**

**CHAPTER 8: USE OF THE PARKS**

**[Cover page summary statement]**National parks belong to all Americans, and all Americans should feel welcome to visit, enjoy, and experience the parks. The National Park Service will promote and regulate use of the parks, and will provide the services necessary to meet the basic needs of park visitors and to achieve park purposes.

**8.1   General**

Many different types of uses take place in the units of the national park system. Some of those uses are carried out by the National Park Service, but many more are carried out by park visitors, permittees, lessees, and licensees. The 1916 Organic Act, which created the National Park Service, directs the Service to conserve park resources and “provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations.” The 1970 National Park System General Authorities Act, as amended in 1978, prohibits the Service from allowing any activities that would cause derogation of the values and purposes for which the parks have been established (except as directly and specifically provided by Congress). Taken together, these two laws require NPS managers to manage the amount, kind, time, and place of park uses in such a way that future generations can enjoy park resources and values, and appreciate their national significance in as good or better condition than the generation that preceded them.

**8.1.1   Appropriate Use**

Providing opportunities for the public to visit and enjoy their national parks is a core element of the Service’s mission. Other park uses—those unrelated to use by the general public—may sometimes be allowed as a privilege if they are not otherwise prohibited by law or regulation. In exercising its discretionary authority, the Service will allow uses that are determined to be appropriate. “Appropriate uses” are those uses that, in the professional judgment of the responsible NPS manager, will not

· cause an unacceptable impact

· be inconsistent with the park purposes or values

· unreasonably interfere with park programs or activities

· disrupt the operations of park concessions or contractors

· create an unsafe or unhealthful environment for visitors or employees

· result in significant conflict with other appropriate uses

· diminish opportunities for current or future generations to enjoy park resources or values

Subject to the above criteria, appropriate uses may include 

· uses that have occurred historically in a park and when the type and/or the level of impact has not increased significantly

· uses that may represent new technology

· uses whose impacts can be successfully mitigated or eliminated through

· visitor education 

· temporal, spatial, or numerical limitations on the use

· the application of best available technology

· the application of adaptive management techniques

**8.1.2   Unacceptable Impacts**

In evaluating the appropriateness of a park use, standard NPS planning and decision-making procedures will be employed to engage the public and to use the best scientific information available. These procedures will also be used to determine whether there would be an unacceptable impact. An “unacceptable impact” is an impact that would

· be inconsistent with the park’s purposes or values

· degrade resource conditions so as to preclude future generations from enjoying the resource in as good, or better, condition

· create an unsafe or unhealthful environment for other visitors or employees

· unreasonably interfere with

· existing appropriate park uses

· NPS interpretive, visitor service, administrative, or other activities

· NPS concessioner or contractor operations or services

· the attainment of a park’s desired conditions, as identified through the park’s planning process

When a use is causing or would cause unacceptable impacts, the Service will seek first to manage the use in a way that will eliminate unacceptable impacts and, when necessary, restrict or disallow the activity. The Service will consider the best management tool or tools for the particular situation, using public involvement wherever appropriate. For example, if there were unacceptable impacts from NPS or concessioner vehicles the Service would consider whether applying adaptive management principles or requiring best available technology would sufficiently reduce or mitigate impacts to a level where the impacts were no longer unacceptable, and the use would then become one that is appropriate.

When a use is mandated by law and has been determined to cause unacceptable impacts to park resources or values, the Service will take appropriate management actions to avoid or mitigate the unacceptable impacts. When a use is authorized by law, but not mandated, and when it is reasonably anticipated to cause unacceptable impacts to park resources or values, the Service will minimize or mitigate the impacts to the point where there will be no unacceptable impacts; or, if necessary, the Service will not allow a proposed activity or eliminate an existing activity.

The Service may not allow uses that would impair a park’s resources or values. Any use with the potential to impair park resources or values must be managed to ensure protection and prevent impairment of these resources and values—or be disallowed. Activities directly and specifically mandated by Congress must be allowed, but will be managed to prevent impairment of park resources to the extent possible.

All proposals for park uses will be evaluated for 

· consistency with applicable laws, Executive orders, regulations, and policies

· consistency with existing plans for public use and resource management

· actual and potential effects on park resources and values

· total costs to the Service

· whether the public interest will be served

Park superintendents must examine all park uses to ensure that unanticipated and unacceptable impacts do not occur. Unless mandated by statute, only uses that meet the criteria listed in this section and section 8.2 may be allowed.

Specific park uses will be guided by the following subsections of this chapter, and must comply also with the other chapters of these *Management Policies*. The Service will coordinate with appropriate state authorities regarding activities that are subject to state regulation or to joint state/federal regulation. The regulatory framework for implementing NPS policies governing use of the parks, and for determining when and where activities may be allowed, is found in 36 CFR Parts 2, 3, 4, 5, 7, 12, and 13. Procedures for implementing or terminating a restriction, condition, public use limit, or closure within a park area are found in 36 CFR 1.5 as well as in certain park-specific regulations (see also 36 CFR 13.30 and 43 CFR 36.11(h)) for procedures specific to park areas in Alaska). Some activities may be allowed in parks only after park-specific regulations have been published.

*(See Park Management 1.4; Consumptive Uses 8.9. Also see Director’s Order #12; 36 CFR 2.1)*

**8.2   Visitor Use**

Enjoyment of park resources and values by the people of the United States is part of the fundamental purpose of all parks. The Service enthusiastically welcomes visitors to come to, see, and enjoy their natural and cultural heritage within units of the national park system. Congress has instructed the Service to preserve and manage the national park system “for the benefit and inspiration of all the people of the United States,” and the Service recognizes that visitors come from the world over to enjoy the “superlative natural, historic, and recreation areas” contained in the system. The Service is committed to providing appropriate, high-quality opportunities for visitors to enjoy the parks, and will maintain within the parks an atmosphere that is open, inviting, and accessible to every segment of American society.

In establishing the various federal bureaus that manage public lands for the benefit of the American public, Congress did not intend the national park system to be all things to all people. Some forms of recreation enjoyed by the public do not necessarily require a national park setting and may not be “appropriate uses” of parks, whereas they would be appropriate on other lands. The Service will therefore

· provide opportunities for forms of park use and enjoyment that are consistent with park purposes and the superlative natural and cultural resources found in the parks

· defer to local, state, and other federal agencies; private industry; and nongovernmental organizations to meet the broader spectrum of recreational needs and demands

One way to characterize the experience the Service provides for visitors’ enjoyment is one of “authenticity.” Examples of this authenticity include

· wild animals roaming freely and in as natural an assemblage as possible, living out their natural lives free of manipulation

· wildflowers and forests growing and changing, driven by natural forces rather than human forces

· historical events and places presented accurately and without contrivance or judgment

· scenic vistas presented via access that is light on the land and secondary to the natural landscapes

The National Park Service has learned over decades of park management that the public seeks out and enjoys parks primarily for their authenticity. With this in mind, the Service will encourage visitor uses that

· are appropriate to the purpose for which the park was established, and 

· are inspirational, educational, or healthful, and otherwise consistent with the purposes of the national park system and the particular park environment, and/or

· will foster an understanding of and appreciation for park resources and values, or will promote enjoyment through a direct association with, interaction with, or relation to park resources, and

· can be sustained without causing unacceptable impacts to park resources or values.

The primary means by which the Service will actively foster and provide activities that meet these criteria will be through its interpretive and educational programs, described in detail in chapter 7. The Service will also welcome the efforts of private-sector organizations to provide structured activities that meet these criteria. In addition to structured activities, the Service will, to the extent practicable, afford visitors ample opportunity for inspiration, appreciation, and enjoyment through their own personalized experiences—without the formality of program or structure. The Service may allow other visitor uses that do not meet all the above criteria (including uses that have occurred historically and uses that represent new technology) if they meet the criteria listed in section 8.1.

If a superintendent has a reasonable basis for believing that an ongoing or proposed public use would cause unacceptable impacts to park resources or values, the superintendent must manage the activity so as to prevent or eliminate the unacceptable impacts, or reduce them to acceptable levels. As appropriate, the superintendent may (1) use education and interpretive materials and adaptive management to encourage visitors to conduct their activities in a manner that reduces impacts; (2) require the use of best available technology and improved techniques; (3) place temporal, spatial, or numeric limitations on the use; (4) temporarily or permanently close a specific area; or (5) prohibit a particular use.

Any administrative closures or restrictions must be consistent with applicable laws, regulations, and policies, and (except in emergency situations) require a written determination by the superintendent, with public involvement when feasible, that such measures are needed to

· maintain public health and safety

· prevent unacceptable impacts to park resources or values

· carry out scientific research

· equitably allocate use of facilities

· implement management responsibilities

· minimize visitor use conflicts.

When practicable, management actions will be based on the results of study or research, including (when appropriate) research in the social sciences. Any management actions taken will be fully explained to visitors and the public. Visitors will be given appropriate information on how to minimize adverse impacts, and how to enjoy the safe and lawful use of the parks.

Park managers should seek out opportunities to communicate NPS policies and regulations to those individuals and groups who use, or who wish to use, national parks for established, and potentially new, recreational activities. Generally, discussion and communication about NPS policies should be used as an opportunity to exchange information with individuals and user groups about the Service’s statutory and regulatory requirements, and to learn about the their goals and organizational structure. It is in the Service’s interest to establish ongoing communication with individuals and groups representing a diverse range of visitor uses, including those who advocate recreational uses that may be of questionable appropriateness for national park areas. Only by establishing and maintaining open lines of communication may the Service ensure that its management decisions are fair, reasonable, and defensible.

Beyond the need to communicate about specific types of uses, park managers should actively solicit participation by representative groups in planning processes that might affect their interests. In particular, participation by these groups should be sought when a general management plan, visitor use management plan, backcountry management plan, or similar plan is being proposed. It is vitally important that park managers and other NPS decision makers become fully aware of the viewpoints expressed by these groups, and that their viewpoints be given respectful consideration. The Service recognizes that it may not be possible to accommodate all the interests of all groups. However, when the interests of a user group cannot be accommodated, the responsible park manager must be able to explain the reason.

*(See Park Management 1.4; Management of Recreational Use 8.2.2.1. Also see 36 CFR 1.5: “Closures and Public Use Limits”; Director’s Order #12: Tourism)*

**8.2.1   Carrying Capacity**

Carrying capacity is the type and level of use that can be accommodated while sustaining the desired resource and visitor experience conditions in the park. By identifying these conditions, superintendents can manage park uses consistent with park purposes and to protect the resources and values for which the park was established. Superintendents will monitor for and address unacceptable impacts to park resources and values to protect park resources and maintain high-quality visitor experiences.

In general, carrying capacity should not be defined in static numeric terms, but rather should (1) describe desired resource and social conditions, and (2) identify the kinds of policies, actions, and best available technology that could be implemented to achieve the desired conditions. When making decisions about carrying capacity, park managers must use the best available natural and social science and other information, solicit public involvement, and maintain a comprehensive administrative record relating to their decisions. The decision-making process should be based on

· desired resource conditions and visitor experiences for the area as established in park planning or NEPA documents,

· quality indicators and standards that define the desired resource conditions and visitor experiences, and

· other factors that will lead to logical conclusions and the protection of park resources and values.   

The level of analysis necessary to make decisions about carrying capacities is commensurate with the potential impacts or consequences of the decisions. The greater the potential for significant impacts or consequences to park resources and values and the opportunities to enjoy them, the greater the level of communication, consultation, study and analysis needed to support the decisions. 

The general management planning process will determine the desired resource and visitor experience conditions that are the foundation for carrying capacity analysis and decision making. If a general management plan is not current or complete, or if more detailed decision-making is required, a carrying capacity planning process, such as the Visitor Experience and Resource Protection (VERP) framework, should be applied in an implementation plan or an amendment to an existing plan. If the time frame for making decisions is insufficient to allow the application of a carrying capacity planning process, park managers must make decisions based on the best available science, public input, and other information. In either case, such planning must be accompanied by appropriate environmental impact analysis, in accordance with Director’s Order #12.

As use occurs over time, park managers must continue to decide if management actions are needed to prevent unacceptable impacts on park resources or values. If indicators and standards have been prescribed for an impact, the acceptable level is the prescribed standard. If indicators and standards do not exist, park managers must determine how much impact is acceptable before management action is required.

If park uses reach a level at which one or more uses must be limited or curtailed, the preferred choice will be to continue uses that best meet the criteria listed in sections 8.1 and 8.2, and to limit or curtail those that least meet those criteria.

*(See Decision-making Requirements to Avoid Impairments 1.4.7; General Management Planning 2.3.1; Carrying Capacity 5.3.1.6; Management of Recreational Use 8.2.2.1. Also see Director’s Order #2: Park Planning)*

**8.2.2   Recreational Activities**

The National Park Service will encourage, allow, or not allow recreational activities according to the criteria listed in sections 8.1 and 8.2. Examples of recreational activities include, but are not limited to, boating, camping, bicycling, fishing, hiking, horseback riding and packing, outdoor sports, picnicking, scuba diving, cross-country skiing, caving, mountain and rock climbing, and swimming. However, not all of these activities will be allowed in all parks; that determination should be made on the basis of park-specific planning. Servicewide regulations addressing aircraft use, off-road bicycling, hang gliding, off-road vehicle use, personal watercraft, and snowmobiling require that special, park-specific regulations be developed before these uses may be allowed in parks. (Different statutory and regulatory provisions apply to snowmobile, motorboat, and airplane use in units of the national park system in Alaska.)

The Service will monitor new or changing patterns of use or trends in recreational activities, and will assess their potential impacts on park resources. A new form of recreational activity will not be allowed within a park if a park manager determines that it will result in unacceptable impacts on park resources or values consistent with the criteria in 8.1. Management of recreational uses that have been approved according to the criteria in 8.1 will be limited to that which is necessary to protect park resources and values and promote visitor safety and enjoyment. 

**8.2.2.1   Management of Recreational Use**

Superintendents should develop and implement visitor use management plans and take management actions as needed to ensure that recreational uses and activities within the park are consistent with its authorizing legislation or proclamation, and that these uses are determined to be appropriate. Depending on local park needs and circumstances, these plans may be prepared as 

· coordinated activity-specific documents (such as river use plan, backcountry use plan, wilderness stewardship plan, off-road vehicle use plan, winter use plan),

· as action plan components of a resource management plan or general management plan, or

· or as a single integrated plan that addresses a broad spectrum of recreational activities.

Regardless of their format or complexity, visitor use management plans will (1) contain specific, measurable management objectives related to the activity or activities being addressed, (2) be periodically reviewed and updated, and (3) be consistent with carrying capacity decisions made in the general management plan.

The Service will seek consistency in recreation management policies and procedures on both a Servicewide and interagency basis to the extent practicable. However, because of differences in the enabling legislation and resources and values of individual parks, and differences in the missions of the Service and other federal agencies, an activity that is entirely appropriate when conducted in one location may be inappropriate when conducted in another. The Service will consider opportunities for visitor enjoyment, the park’s purposes, and the effects on park resources and visitors when determining how to manage a specific recreational activity.

Park managers will consider a wide range of techniques in managing recreational use to ensure protection of park resources and values, and to provide desired visitor experiences. Examples of appropriate techniques include visitor information and education programs; separation of conflicting uses by time or location; “hardening” sites; modifying maintenance practices; and permit and reservation systems. Superintendents may also use their discretionary authority to impose local restrictions, public use limits, and closures, and they may designate areas for a specific use or activity (see 36 CFR 1.5). Any restriction of appropriate recreational uses will be limited (1) to what is necessary to protect park resources and values, (2) to promote visitor safety and enjoyment, or (3) to meet park management needs. To the extent reasonable and practicable, public use limits established by the Service will be based on the results of scientific research, public involvement, and other available support data. Recreational activities proposed as organized events or that involve commercialization, advertising, or publicity on the part of participants or organizers are defined as “special events,” and are managed in accordance with the policies in section 8.6.2, regulations in 36 CFR 2.50, and criteria and procedures in Director’s Order #53: Special Park Uses.

*(See Park Planning Processes 2.3; Wilderness Management Planning 6.3.4.2; General Policy 6.4.1; Carrying Capacity 8.2.1; Commercial Visitor Services 8.2.2.2; River Use 8.2.2.3, Backcountry Use 8.2.2.4; fishing 8.2.2.5; Hunting and Trapping 8.2.2.6; Off- road Vehicle Use 8.2.3.1; Snowmobiles 8.2.3.2; Visitor Safety 8.2.5.1; Native American Use 8.5; Special Park Uses 8.6; Collecting Natural Products 8.8. Also see Director’s Order #2: Park Planning, and #12: Conservation Planning and Environmental Impact Analysis)*

**8.2.2.2   Commercial Visitor Services**

For information on commercial visitor services, see Commercial Services 6.4.4, Planning Criteria for Park Concessions 10.2.2.1, and Commercial Use Authorizations 10.3.

**8.2.2.3   River Use**

A river use management plan should be developed for each park having significant levels of river use, or the potential for such use, unless the planning is accomplished through some other document. Appropriate types and levels of public uses will be identified and managed to protect aquatic resources, the riparian environment, and visitor enjoyment. Each river management plan will include specific procedures for disposing of refuse and human waste. Planning will include consultation with tribal, state, and local governments (including cooperating agency status where appropriate), and will include public involvement.

*(See Implementation Planning 2.3.3; National Wild and Scenic Rivers System 4.3.4; Water Resource Management 4.6; Flood plains 4.6.4; Wetlands 4.6.5; Grazing by Domestic and Feral Livestock 8.6.8)*

**8.2.2.4   Backcountry Use**

The Service uses the term “backcountry” to refer to primitive, undeveloped portions of parks. This is not a specific management zone, but rather refers to a general condition of land that may occur anywhere within a park. Backcountry use will be managed in accordance with a backcountry management plan (or other plan addressing backcountry uses) that is intended to provide for visitor enjoyment and recreation opportunities that are consistent with the backcountry experience and that ensure protection of park resources or values. The Service will seek to identify acceptable limits of impacts, monitor backcountry use levels and resource conditions, and take prompt management action when unacceptable impacts occur. Strategies designed to guide the preservation, management, and use of the backcountry and to achieve the park’s management objectives will be integrated into the park’s backcountry management plan. Backcountry proposed or recommended for wilderness designation will be managed as wilderness consistent with the Wilderness Stewardship policies in Chapter 6.

The number and types of facilities to support visitor use, including sanitary facilities, should be limited to the minimum necessary to achieve a park’s backcountry management objectives and to provide for the health and safety of park visitors. Public use levels will be managed, where practicable, in accordance with the natural system’s ability to absorb human waste. The Service should not provide refuse containers in backcountry areas unless doing so would not detract from the primitive experience of the backcountry and is necessary to prevent unacceptable impacts to the resources or values. All refuse must be carried out, except that combustible materials may be burned when authorized by the park managers. Users should be educated about and encouraged to practice a strong outdoor land ethic, as developed by our partner organizations including Leave No Trace, Tread Lightly!, Backcountry Horsemen of America, and others.

*(See Water Resource Management 4.6, Management Facilities 6.3.10; Wilderness Use Management 6.4; Visitor Carrying Capacity 8.2.1; Waste Management 9.1.6.1; Comfort Stations 9.3.3. Also see Director’s Order #83: Public Health).*

**8.2.2.5   Fishing**

Recreational fishing will be allowed in parks when it is authorized, or not specifically prohibited, by federal law—provided that it has been determined to be an appropriate use. When fishing is allowed, it will be conducted in accordance with applicable federal laws and treaty rights, and nonconflicting state laws and regulations. (For NPS units in Alaska, fishing will additionally be managed in accordance with the Alaska National Interest Lands Conservation Act.) The Service may restrict fishing activities when necessary to achieve management objectives outlined in a park’s resource management plan or to otherwise protect park resources or public safety—unless such restrictions would violate a federal law or treaty. Before the Service issues regulations or other restrictions, representatives of appropriate tribes and state and federal agencies will be consulted to ensure that all available scientific data is considered in the decision-making process. Any such regulations or other restrictions will be developed with public involvement.

Commercial fishing will be allowed only when specifically authorized by federal law or treaty right.

*(See Implementation Planning 2.3.3; Planning for Natural Resource Management 4.1.1; Harvest of Plants and Animals by the Public 4.4.3; Facilities for Water Recreation 9.3.4.2)*

**8.2.2.6   Hunting and Trapping**

Hunting, trapping, or any other methods of harvesting wildlife by the public will be allowed where it is specifically mandated by federal law. Where hunting is authorized on a discretionary basis under federal law, it may take place only after the Service has determined that the activity can be managed as an appropriate use, and that the proposed use is consistent with sound resource management principles.

Hunting and trapping will be conducted in accordance with federal law and applicable laws of the state or states in which a park is located. However, except for Alaska park units (which are subject to the Alaska National Interest Lands Conservation Act and regulations published at 36 CFR Part 13), the park in which hunting and/or trapping occurs must also publish special regulations to govern the activity, and those regulations may be more restrictive than applicable state regulations when necessary to prevent unacceptable impacts on park resources or values or to provide for public safety. Before the Service issues regulations or other restrictions, representatives of appropriate tribes and state and federal agencies will be consulted (including offering cooperating agency status where appropriate) to ensure that all available scientific data is considered in the decision-making process. Any such regulations or other restrictions will be developed with public involvement.

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If the wildlife to be harvested is comanaged by the Service with states or tribes pursuant to a park’s enabling legislation or proclamation, the Service’s consultation, cooperation, and communication concerning fish and wildlife management will be consistent with Departmental policy at 43 CFR Part 24. This Departmental policy recognizes the broad authorities and responsibilities of federal and state agencies with regard to the management of the nation’s fish and wildlife resources, and promotes cooperative management relationships among these agencies. In particular, the policy calls on the Service to consult with state agencies on certain fish and wildlife management actions, and encourages the execution of memoranda of understanding as appropriate to ensure the conduct of programs that meet mutual objectives.
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*(See Harvest of Plants and Animals by the Public 4.4.3; Genetic Resource Management Principles 4.4.1.2)*

**8.2.2.7   Recreational Pack and Saddle Stock Use**

Equine species such as horses, mules, donkeys and burros, and other types of animals (including llamas, alpacas, goats, oxen, dogs and reindeer) may be employed when it is an appropriate use to support backcountry transport of people and materials. NPS regulations at 36 CFR 2.16 prohibit the use of animals other than those designated as “pack animals” for transporting equipment.

Planning for recreational stock use should be conducted in the context of visitor use planning to address social, biological, and physical carrying capacity considerations, and to make allocation decisions that minimize potential conflicts between and among user groups. The plan should (1) establish routes, trails, and areas of travel, and (2) identify the need for supporting infrastructure such as designated horse camps, hitch rails, corrals, and appropriate trailhead facilities designed for vehicles towing horse trailers. The plan should also identify sensitive natural and cultural resource areas, and develop management strategies to protect these resources.

In areas where demand for available grazing for recreational and administrative stock exceeds allowable limits, alternative strategies must be developed. In areas where certified “weed seed free” hay or pellet rations are available, they should be considered as alternative feeding strategies to supplement grazing. Administrative stock use should generally follow the same rules and guidelines that are established for recreational use.

**8.2.3   Use of Motorized Equipment and Mechanized Modes of Travel**

There are many forms of motorized equipment and mechanized modes of travel, and improved technology has increased the frequency of their use. In some areas and under certain conditions, the use of mechanized equipment and mechanized modes of travel may be determined to be an appropriate use. The management of these uses requires effective monitoring of resources and visitor experiences. Uses and impacts associated with the use of motorized equipment will be addressed in park planning processes. In the development of these plans, appropriate tribal, local, and state governments shall be consulted and offered cooperating agency status as appropriate, and public input shall be included. To meet its responsibilities under Executive Order 13149: Greening the Government Through Federal Fleet and Transportation Efficiency, the Service will develop and implement a strategy to reduce its vehicle fleet’s annual petroleum consumption. 

*(See Soundscape Management 4.9)*

**8.2.3.1   Off-road Vehicle Use**

Off-road motor vehicle use in national park units is governed by Executive orders and regulations. Off road vehicles are defined as “any motorized vehicle designed for or capable of cross-country travel on or immediately over, land, water, sand, snow, ice, marsh, swampland, or other natural terrain” (except any registered motorboat or any vehicle used for emergency purposes). Within the national park system, off-road vehicle use that occurs on park roads is managed in the same manner as automobile traffic according to the regulations in 36 CFR Part 4. Routes and areas may be designated for off-road motor vehicle use by special regulation within national recreation areas, national seashores, national lakeshores, and national preserves, and then only when determined to be an appropriate use. Consistent with the executive orders and the Organic Act, park managers must immediately close a designated off-road vehicle route whenever the use is causing or will cause unacceptable impacts.

NPS administrative off-road motor vehicle use will be limited to what is necessary (1) to manage the public use of designated off-road vehicle routes and areas; (2) to conduct emergency operations; and (3) to accomplish essential maintenance, construction, and resource protection activities that cannot be accomplished reasonably by other means.

*(See Park Management 1.4; Minimum Requirement 6.3.5. Also see 36 CFR 4.10)*

**8.2.3.2   Snowmobiles and Oversnow Vehicles**

Snowmobile use is a form of off-road vehicle use governed by Executive Order 11644 (as amended by Executive Order 11989) and, in Alaska, by provisions of the Alaska National Interest Lands Conservation Act (16 USC 3121 and 3170). Implementing regulations are published at 36 CFR 2.18, 36 CFR Part 13, and 43 CFR Part 36.

Routes and areas may be designated for snowmobile and oversnow vehicle use by special regulation on routes and water surfaces that are used by motor vehicles or motorboats during other seasons. Such routes or areas shall be designated only when determined to be an appropriate use.

NPS administrative use of snowmobiles and oversnow vehicles will be limited to what is necessary (1) to manage public use of snowmobile or oversnow vehicle routes and areas; (2) to conduct emergency operations; and (3) to accomplish essential administrative, maintenance, construction, and resource protection activities that cannot be accomplished reasonably by other means.

*(See Minimum Requirement 6.3.5; Management Facilities 6.3.10; General Policy 6.4.1)*

**8.2.3.3   Personal Watercraft**

Motorized personal watercraft (PWC) use may be permitted through special regulations and when this use has been identified as appropriate for a specific park. PWC use may be authorized if an evaluation of the park’s enabling legislation, resources and values, other visitor uses, and overall management objectives confirms that PWC use is an appropriate use.          

**8.2.4   Accessibility for Persons with Disabilities**

All practicable efforts will be made to make NPS facilities, programs, and services accessible to and usable by all people, including those with disabilities. This policy reflects the commitment to provide access to the widest cross section of the public, and to ensure compliance with the intent of the Architectural Barriers Act and the Rehabilitation Act. The Service will also comply with section 507 of the Americans with Disabilities Act (42 USC 12207), which relates specifically to the operation and management of federal wilderness areas. Specific guidance for implementing these laws is found in the Secretary of the Interior’s regulations regarding enforcement of nondiscrimination on the basis of disability in Department of the Interior programs (43 CFR Part 17, Subpart E).

A primary principle of accessibility is that, to the highest degree practicable, people with disabilities should be able to participate in the same programs and activities available to everyone else. In choosing among methods for providing accessibility, higher priority will be given to those methods that offer programs and activities in the most integrated setting appropriate. Special, separate, or alternative facilities, programs, or services will be provided only when existing ones cannot reasonably be made accessible. The determination of what is practicable will be made only after careful consultation with persons with disabilities, or their representatives. Any decision that would result in “less than equal opportunity” is subject to the filing of an official disability rights complaint under the Departmental regulations cited above.

*(See Physical Access for Persons with Disabilities 5.3.2; Accessibility for Persons with Disabilities 6.4.10; Accessibility for Persons with Disabilities 9.1.2. Also see Director’s Order #16A: Reasonable Accommodation for Applicants and Employees with Disabilities; Director’s Order #42: Accessibility for Visitors with Disabilities)*

**8.2.5   Visitor Safety and Emergency Response**

**8.2.5.1   Visitor Safety**

The saving of human life will take precedence over all other management actions as the Service strives to protect human life and provide for injury-free visits. The Service will do this within the constraints of the 1916 Organic Act. The primary—and very substantial—constraint imposed by the Organic Act is that discretionary management activities may be undertaken only to the extent that they will not impair park resources and values.

While recognizing that there are limitations on its capability to totally eliminate all hazards, the Service and its concessioners, contractors, and cooperators will seek to promote a safe and healthful environment for visitors and employees. The Service will work cooperatively with other federal, tribal, state, and local agencies, organizations, and individuals to carry out this responsibility. The Service will strive to identify recognizable threats to the safety and health of persons and to the protection of property by applying nationally accepted codes, standards, engineering principles, and the guidance contained in Director’s Orders #50, #58, and #83 and their associated reference manuals. When practicable and consistent with congressionally designated purposes and mandates the Service will reduce or remove known hazards and apply other appropriate measures, including closures, guarding, signs, or other forms of education. In doing so, the Service’s preferred actions will be those that have the least impact on park resources and values.

The Service recognizes that the park resources are not only a visitor attraction, but that they may also be potentially hazardous. In addition, the recreational activities of some visitors may be of an especially high-risk, high-adventure type, which pose a significant personal risk to participants and which the Service cannot totally control. Park visitors must assume a substantial degree of risk and responsibility for their own safety when visiting areas that are managed and maintained as natural, cultural, or recreational environments.

These *Management Policies* do not impose park-specific visitor safety prescriptions. The means by which public safety concerns are to be addressed is left to the discretion of superintendents and other decision-makers at the park level who must work within the limits of funding and staffing. Examples include decisions about whether to (1) install warning signs or artificial lighting, distribute weather warnings or advisories, initiate search-and-rescue operations, or render emergency aid; (2) eliminate potentially dangerous animals; (3) close roads and trails, or install guardrails and fences; and (4) grant or deny backcountry or climbing permits. Some forms of visitor safeguards—such as fences, railings, and paved walking surfaces—typically found in other public venues may not be consistent with park purposes or practicable in a national park setting. In some instances, restrictions on activities may be necessary to maintain a safe environment for those not engaged in the activity.

*(See Air Quality 4.7.1; Lightscape Management 4.10; General Policy 6.4.1; Siting Facilities to Avoid Natural Hazards 9.1.1.6; Waste Management and Contaminant Issues 9.1.6; Risk Management Program 10.2.4.8; Food Service Sanitation Inspections 10.2.4.14)*

**8.2.5.2   Emergency Preparedness and Emergency Operations**

The National Park Service will develop a program of emergency preparedness in accordance with title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 USC 5195— 5197g); National Security Decision Directive 259 (February 4, 1987); Department of the Interior policy; and other considerations at the Washington headquarters, regional, and park levels. The purpose of the program will be to maximize visitor and employee safety and the conservation of resources and the protection of property. This program will include a systematic method for alerting visitors about potential disasters and evacuation procedures.

Superintendents may assist other agencies with emergencies outside of parks, as authorized by 16 USC 1b(1). To the extent practicable, written agreements with other agencies, in accordance with Director’s Order #20, must first be in effect. NPS employees who are outside the area of their jurisdiction, and who are directed by their supervisors to provide emergency assistance to other agencies, will be considered to be acting within the scope of their employment.

Service emergency operations will be conducted using the Incident Command System (ICS) of the National Interagency Incident Management System. The Unified Command System (within ICS) will be used when other agencies are involved. Each park superintendent will develop and maintain an emergency operations plan to ensure an effective response to all types of emergencies that can be reasonably anticipated.

As one element of the emergency operations plan, or as a separate document, each park must have an oil and chemical spill response management plan for spills that result from NPS activities or from activities that are beyond NPS control (such as commercial through-traffic on roads that pass through a park). The plans will place first priority on responder and public safety. Employees will not be permitted to respond to hazardous material spills unless they are properly qualified and certified in accordance with Director’s Order #30C: Hazardous Spill Response. The Service will seek to recover all allowable direct and indirect costs for responding to oil or hazardous materials spills.

Parks that have their own aircraft, or contract for the use of aircraft, must have an aircraft crash rescue response plan in place.

*(See Emergency Management 5.3.1.1. Also see Director’s Order 60A: Aviation Management)*

**8.2.5.3   Search and Rescue**

To provide for the protection and safety of park visitors, the Service will make reasonable efforts to search for lost persons, and to rescue sick, injured, or stranded persons. This responsibility may be fulfilled by NPS staff or by qualified search-and-rescue organizations or agencies capable of responding to life-threatening emergencies pursuant to the terms of a formal agreement. Deceased persons will be evacuated unless the level of risk to the rescue party is found to be unacceptably high. Search managers and superintendents will jointly determine when to terminate a search. The Park Service will not charge visitors for search-and-rescue operations. Search-and-rescue operations will be conducted using the Incident Command System. 

*(See Management Facilities 6.3.10; General Policy 6.4.1)*

**8.2.5.4   Emergency Medical Services**

The Service will make reasonable efforts to provide appropriate emergency medical services for persons who become ill or injured. An emergency medical services program will be maintained, where appropriate, to provide transportation and pre-hospital care of the sick and injured, which may range from minor first aid to advanced life support in various environmental settings. Transportation may include everything from patrol cars and ambulances to fixed-wing planes and helicopter air ambulances, consistent with Departmental policies regarding aircraft use.

Qualified emergency medical services in local communities may be used if such services can respond rapidly enough in life-threatening emergencies. When such services are not available, the Park Service will make a reasonable effort to provide a level of emergency medical service commensurate with park needs, and in response to an emergency medical needs assessment. Each superintendent will develop and implement a program to meet those needs, in accordance with Director’s Order #51: Emergency Medical Services. Extended emergency medical services operations will be conducted the Incident Command System.

**8.2.6   Recreation Fees and Reservations**

The National Park Service may charge a recreation admission or use fee at parks when authorized by law. Although these fees may provide for the support of the overall management and operation of parks, as set forth in the Federal Lands Recreation Enhancement Act and other relevant statutes, they are not intended to totally offset the operational costs associated with a park. Such services include protection; resource management; information and orientation; maintenance of park facilities; and interpretation to foster an understanding and appreciation of each park’s resources, management procedures, regulations, and programs. Fees may be instituted for secondary or special services that the Park Service cannot (or elects not to) offer because of economic constraints or the need for special skills or equipment, or because they are purely supplemental programs. The Service may also contract or enter into an agreement for the collection of recreational fees if there is a demonstrated benefit to the collecting park unit. In all cases, fee programs will support park purposes and comply with appropriate Service policies and standards and federal law. 

*(See Commercial Use Authorizations 10.3. Also see Director’s Order #22: Fee Collection)*

**8.2.6.1   Recreation Fees**

Visitors who use federal facilities and services for recreation may be required to pay a greater share of the cost of providing those opportunities than the population as a whole. Under the guidelines and criteria established by law and regulation, the Service will collect recreation fees of the appropriate type for its parks, facilities, and programs. No fees will be collected in circumstances in which the costs of collection would exceed revenue, or where prohibited by law or regulation. Fees charged for recreational activities will be collected only in accordance with the applicable authority, and recreation fee revenues will be managed according to law and policy. Fee rates will be reasonable and equitable and consistent with criteria and procedures contained in law and NPS guidance documents. Those who lawfully enter or use a park for activities not related to recreation will not be charged a basic or enhanced fee, an entrance fee, recreation use fee, or special recreation permit fee. Examples of nonrecreation exemptions include persons entering parks for

· First Amendment activities, which are exempt from all fees

· special park uses such as agricultural, grazing, and commercial filming activities (all of which are subject to special park use fees)

· NPS-authorized research activities

· federal, state, tribal, and local government business 

· outings conducted for educational purposes by schools and other bona fide educational institutions.

*(See Fees 8.6.1.2; First Amendment Activities 8.6.3. Also see 36 CFR 71.13)*

**8.2.6.2   National Park Reservation Service**

To better serve park visitors, to ensure the conservation of park resources, or to improve operational efficiency, the Park Service will participate in the interagency National Recreation Reservation System operated under Recreation.gov (NRRS). A reservation service may involve campgrounds, other facilities, tours, or other services operated or provided by the Park Service for visitors. The NRRS may be expanded or new services may be developed based on NPS needs and NRRS capacity to accommodate the needs.

Superintendents are encouraged to participate in NRRS when it will improve visitor services, better market and increase visitation at underused parks, or improve the efficiency of park administration. To avoid duplicative costs and confusion, a park must first determine that the NRRS will not accommodate the park’s reservation needs before participating in some other type of reservation system.

*(See Chapter 7: Interpretation and Education)*

**8.3   Law Enforcement Program**

**8.3.1   General**

The law enforcement program is an important tool in carrying out the NPS mission. The objectives of the NPS law enforcement program are (1) the prevention of criminal activities through resource education, public safety efforts, and deterrence; and (2) the detection and investigation of criminal activity and the apprehension and successful prosecution of criminal violators. In carrying out the law enforcement program, the Service will make reasonable efforts to provide for the protection, safety, and security of park visitors, employees, concessioners, and public and private property, and to protect the natural and cultural resources entrusted to its care.

Law enforcement is characterized by high risks and inherent dangers to enforcement officers, and by high public expectations that law enforcement activities will be performed in a professional manner. It is therefore essential that the Service issue clear policies and procedures to guide the law enforcement program, and that commissioned employees receive the training and equipment necessary to perform their duties successfully. The NPS law enforcement program will be managed and supervised in accordance with (1) all applicable laws and regulations; (2) Part 446 of the *Department of the Interior Manual;* (3) these *Management Policies*; (4) Director’s Order #9: NPS Law Enforcement Program; Reference Manual #9; or (5) U. S. Park Police General Orders, as appropriate. To help sustain the high level of public trust necessary for an effective law enforcement program, commissioned employees will adhere to the Department of the Interior’s law enforcement code of conduct and the standards of ethical conduct found in Reference Manual 9. 

All necessary and appropriate steps will be taken to ensure that the park service maintains a viable and progressive law enforcement program.  The authority and responsibility to manage the NPS Commissioned Park Ranger program will flow from the Director to the Deputy Director-Operations, to the Regional Directors, to park Superintendents.  Park Superintendents will be responsible and accountable for the management of the law enforcement program within their respective areas.  National law enforcement policy oversight relating to commissioned park rangers and special agents will be maintained in the office of the Associate Director for Visitor and Resource Protection.  This Associate Director will also manage the national Special Agent program. 

The authority and responsibility to manage U.S. Park Police operations will flow from the Director to the Deputy Director-Operations, to the Chief, U.S. Park Police.

**8.3.2   The Context for Law Enforcement**

Park law enforcement activities will be managed by superintendents as part of a comprehensive, interdisciplinary effort to protect resources, manage public use, and promote public safety and appropriate enjoyment. This is in keeping with guidance provided by Congress in 1976 when it amended the General Authorities Act (16 USC 1a-3).

**8.3.3   Shared Responsibilities**

Congress has authorized the designation of certain employees as law enforcement officers, with the responsibility to “maintain law and order and protect persons and property within areas of the National Park System” (16 USC 1a-6(b)). Only employees who meet the standards prescribed by and who are designated by the Secretary of the Interior may perform law enforcement duties. 

The Service recognizes that effective enforcement requires a cooperative community effort. Therefore, employees without law enforcement commissions will continue to share responsibility for the protection of park resources and visitors, and they will be expected to report any apparent violations or suspicious activities. All park employees will be trained to recognize, observe, and record criminal acts and illegal activities. The Service will also encourage and assist park neighbors in the development of cooperative crime prevention and detection programs.

**8.3.4   Enforcement Authority**

Within national park system boundaries, the Service will fulfill its law enforcement responsibilities using NPS employees. However, the Park Service is authorized by 16 USC 1a-6(c) to appoint (deputize) another agency’s qualified law enforcement personnel as special police when it will benefit the administration of a park area. Deputations may be issued for the purpose of obtaining supplemental law enforcement assistance when deemed economical and in the public interest, and with the concurrence of the other agency. All such appointments must be approved by the NPS director of law enforcement or his/her designee, and supported by a written agreement with the other agency at the park or national level—except when there is insufficient time because of an emergency law enforcement situation. Deputations may not be used to delegate NPS law enforcement responsibilities to state or local governments.

The Service is authorized to use appropriated funds for “rendering of emergency rescue, fire fighting, and [other] cooperative assistance to nearby law enforcement and fire prevention agencies and for related purposes outside of the National Park System”(16 USC 1b(1)). Further, insofar as 16 USC 1b(1) does not confer arrest authority to NPS personnel who act outside park boundaries, state arrest authority is first needed before NPS personnel can enforce state law or engage in law enforcement activity outside national park system boundaries.

This authority will be used in emergency situations, only after first determining that such actions will facilitate the administration of the park or be an effective management tool for obtaining mutual assistance from other agencies. Furthermore, the authority is intended for use only in response to an unexpected occurrence that requires immediate action, which may include one or more of the following: 

· emergency responses such as life or death incidents, serious injury/ fatality accident/incident scenes, crime scenes involving the protection of human life, officer needs assistance, threats to health or safety of the public

· emergency or law enforcement incidents directly affecting visitor safety or resource protection

· probable-cause felonies and felonies committed in the presence of and observed by U.S. Park Rangers, Special Agents, or U.S. Park Police

· misdemeanors committed in the presence of U.S. Park Rangers, Special Agents, or U.S. Park Police that present an immediate threat to the health and safety of the public

Except where specifically provided by acts of Congress codified in the District of Columbia Code 5-201 to 5-208 (2001), the Service may not assume law enforcement responsibility outside of a park in lieu of the legitimate responsibilities of nearby agencies. Cooperative assistance rendered to nearby law enforcement agencies outside ~~of~~ park boundaries should be limited to only those actions or efforts that support or assist those agencies.

**8.3.5   Jurisdiction**

The term “jurisdiction” defines the sphere of authority and outlines the boundaries or territorial limits within which any particular authority may be exercised. Jurisdiction may be either “exclusive,” “partial,” “concurrent,” or “proprietary.” Insofar as is practicable, the Service will seek to acquire concurrent legislative jurisdiction for all units of the national park system, as required by the 1976 amendment to the General Authorities Act. Concurrent jurisdiction allows the Park Service to enforce federal criminal statutes and also to assimilate state law under 18 USC 13 when no applicable federal law or regulation exists. Concurrent jurisdiction will allow for the more efficient conduct of both state and federal law enforcement functions within the parks.

**8.3.6   Law Enforcement Public Information and Media Relations**

The National Park Service will provide appropriate information to the public and the news media in accordance with applicable laws, Departmental policy, and Director’s Order #75: Media Relations. Superintendents should identify appropriate opportunities to (1) enhance deterrence by publicizing arrests, weapons seizures, and successful prosecutions; (2) highlight cooperation and assistance activities such as Park Watch; and (3) educate the public about the full range of threats to and the challenges of protecting park resources. 

The right of the public to obtain information about government operations and activities is subject to the requirements of the Freedom of Information Act and the Privacy Act.

*(See Public Information and Media Relations 1.7.3)*

**8.3.7   Homeland Security**

The Park Service will work cooperatively with the Department of the Interior, Department of Homeland Security, and other federal, state, and local agencies to prevent and respond to foreign attacks on American soil.  The park service will maintain a capacity to rapidly move law enforcement personnel to Icon, critical infrastructure, or other identified areas in the event of a terrorist attack, elevated threat level, or other major emergency incident. 

**8.4   Overflights and Aviation Uses**

A variety of aircraft, including military, commercial, general aviation, and aircraft used for NPS administrative purposes, fly in the airspace over national parks. Overflights may cause unacceptable impacts to park resources and values and diminish visitor enjoyment. In cooperation with appropriate authorities, the Park Service will take all necessary steps to avoid or to mitigate unacceptable impacts resulting from aircraft overflights.

Because the nation’s airspace is managed by the Federal Aviation Administration (FAA), the Service will work constructively and cooperatively with the Federal Aviation Administration, as well as with national defense and other agencies, to ensure that authorized aviation activities affecting units of the national park system occur in a safe manner and do not cause unacceptable impacts to park resources and values and visitor experiences. The Service will build and maintain a cooperative and problem-solving relationship with national defense agencies to address the congressionally mandated mission of each agency, and to prevent or mitigate any unacceptable impacts of military training or operational flights to park resources and values and the visitor experience. Cooperation is essential because the other agencies involved have statutory authorities and responsibilities that must be recognized by the Service. 

*(See Soundscape Management 4.9. Also see Director’s Orders #47: Soundscape Preservation and Noise Management; #60: Aviation Management)*

**8.4.1   Alaska and Remote Areas**

Aviation can provide an important, and in some cases the preferred, means of access to remote areas in certain parks, especially in Alaska. In such cases, access by aircraft may be an important contribution to the protection and enjoyment of those areas. Dependence on aviation will be fully considered and addressed in the planning process for those parks. Alaska parks have specific regulations concerning fixed-wing aircraft, published at 36 CFR Part 13, and 43 CFR 36.11(f).

**8.4.2   Education**

The Park Service will develop educational materials for the general public and for aviation interests that describe the importance of the natural soundscape and tranquility to park visitors, as well as the need for cooperation from the aviation community.

*(See Chapter 7: Interpretation and Education; Soundscape Management 4.9)*

**8.4.3   General Aviation**

The Service will work closely with the Federal Aviation Administration and with general aviation organizations to ensure that general aviation operations over units of the national park system are conducted in accordance with applicable FAA advisories and “fly-friendly” techniques and procedures designed to help pilots minimize impacts on national parks. The Service will seek the assistance of these organizations in problem resolution if general aviation concerns arise over national parks.

**8.4.4   Administrative Use**

Aviation is a necessary and acceptable management tool in some parks when used in a manner consistent with the NPS mission. Aviation activities will comply with all applicable policies and regulations issued by the Department of the Interior, the Federal Aviation Administration, and the Park Service. In its administrative use of aircraft, the Service will 

· use, to the maximum extent practicable, the quietest air craft available for its aviation operations

· limit official use of flights over parks to those needed to support or carry out emergency operations or essential management activities in cases where there are no practical alternatives or when alternative methods would be unreasonable

· give full consideration to safety; wilderness management implications; impacts on resources, values, or visitors; impacts on other administrative activities; and overall cost-effectiveness

· plan, schedule, and consolidate flights so as to avoid or minimize adverse impacts on park resources and values and visitor enjoyment

· require other agencies that request to use aircraft within park boundaries to comply with the standards and policies applicable to NPS aircraft

*(Also see Director’s Order #60: Aviation Management)*

**8.4.5   Military Aviation**

The Park Service will work cooperatively with agencies of the Department of Defense to address the congressionally mandated missions of all agencies. In addition, the Service will seek to prevent unacceptable impacts on resources or values or strive to mitigate any adverse effects on park resources, values, or visitor experiences in national park units resulting from of overflights related to military training or operational low-level overflights. Superintendents are responsible for consulting, cooperating, and communicating with base commanders controlling military training routes or military operations areas that may affect their parks, and for developing formal agreements that mitigate identified impacts.

**8.4.6   Commercial Air Tour Management**

The National Parks Air Tour Management Act of 2000, and implementing Federal Aviation Administration regulations, provide for a joint FAA/NPS planning process that will lead to the FAA management of commercial air tours over national parks (with the exception of parks in Alaska, which are specifically excluded from the process). The Park Service, as a cooperating agency, will assist the FAA in developing an air tour management plan (ATMP) for each park with existing or proposed air tours. Superintendents will work cooperatively with the FAA, air tour operators, and other individuals or groups in the development of air tour management plans, and will determine the nature and extent of impacts on natural and cultural resources and visitor experience opportunities inside park boundaries. The FAA, with responsibility for ensuring the safe and efficient use of the nation’s airspace and for protecting the public health and welfare from aircraft noise, will implement the air tour management plan and regulate commercial air tours in accordance with it.

**8.4.7   Permitted Overflights**

When issuing permits for activities such as filming or research, in which the use of aircraft is proposed, the superintendent will determine that the use is appropriate and apply conditions to protect park resources and values from adverse impacts. Permit requests will be denied if the activity will have unacceptable impacts on the visitor experience or a park’s resources and values.

**8.4.8   Airports and Landing Sites**

Private or commercial aircraft may be operated in parks only on lands or water surfaces designated by the Park Service as landing sites through special regulation. (See section 8.4.1 regarding Alaska and some remote areas.) The Service will evaluate and manage aircraft landing sites under its jurisdiction to ensure that the use of the sites will have no unacceptable impacts on public safety, visitor enjoyment, or park resources and values. Existing sites that meet these criteria and that have been designated as a result of previously established use may be retained as long as the administrative need for them continues. New sites will be designated only where essential to provide administrative access to remote areas (other than wilderness), and only where the site can be established, used, and maintained without the need for new construction or major site improvements.

Fully functional, efficient, and safe operation of airports is important to providing visitors opportunities to use and enjoy their parks. To help achieve this, and in recognition of the needs of adjacent local communities, the Service will work cooperatively with the Federal Aviation Administration and other entities having jurisdiction over landing sites and airports adjacent to parks. Such cooperation will also be for the purpose of preventing, minimizing or mitigating impacts to park resources, values, or the visitor experience that result from aircraft operations. Whether landing sites or airports are situated within or adjacent to parks, the objective will be to minimize noise and other impacts, and confine them to the smallest and most appropriate portion of the park as possible, consistent with safe aircraft operations.

*(Also see 36 CFR 2.17; 43 CFR 36.11(f); Reference Manual 47)*

**8.5 Native American Use**

The National Park Service will develop and implement its programs in a manner that reflects knowledge of and respect for the cultures of Native American tribes or groups with demonstrated ancestral ties to particular resources in parks. Evidence of such ties will be established through systematic archeological or ethnographic studies, including ethnographic oral history and ethnohistory studies, or a combination of these sources. For purposes of these policies, the term “Native American” includes American Indians, Alaska natives, native peoples of the Caribbean, native Hawaiians, and other native Pacific islanders. The term will be applicable to federally and state-recognized tribes and to those Native Americans who are defined by themselves and known to others as members of a named cultural unit that has historically shared a set of linguistic, kinship, political, or other distinguishing cultural features.

The Service will regularly and actively consult with traditionally associated Native American individuals and/or groups regarding planning, management, and operational decisions that affect subsistence activities, sacred materials or places, or other ethnographic resources with which they are historically associated. Information about the outcome of these consultations will be made available to those consulted. 

In developing its plans and carrying out its programs, the Service will ensure the following: 

· Service general regulations governing access to and use of natural and cultural resources in parks will be applied in an informed and balanced manner that is consistent with park purposes, does not unreasonably interfere with Native American use of traditional areas or sacred resources, and does not violate the criteria listed in section 8. 2 for use of the parks.

· Superintendents will establish and maintain consulting relationships with potentially affected Native American tribes or groups.

· Management decisions will reflect knowledge about and understanding of potentially affected Native American cultures and people that is gained through research and consultations with the potentially affected groups.

The American Indian Religious Freedom Act (AIRFA) (42 USC 1996) states that “henceforth it shall be the policy of the United States to protect and preserve for American Indians their inherent right to freedom to believe, express, and exercise the traditional religions of the American Indians, Eskimo, Aleut, and Native Hawaiians, including but not limited to access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites.” The National Park Service recognizes that site-specific worship is vital to Native American religious practices. As a matter of policy, and in keeping with the spirit of the law, the Service will be as unrestrictive as possible in permitting Native American tribes access to park areas to perform traditional religious, ceremonial, or other customary activities at places that have been used historically for such purposes—provided the criteria listed in section 8.1 and 8.2 for use of the parks are not violated. In allowing religious access by other entities, including nonrecognized Indian groups, the Park Service will consider requests individually, being mindful to not take actions that will either advance or inhibit religion. The Service will not direct visitor attention to the performance of religious observances unless the Native American group so wishes.

With regard to consumptive use of park resources, current NPS policy is reflected in regulations published at 36 CFR 2.1 and 36 CFR Part 13.

These regulations allow park managers to designate certain fruits, berries, nuts, or unoccupied seashells which may be gathered by hand for personal use or consumption if it will not adversely affect park wildlife or the reproductive potential of a plant species, or otherwise adversely affect park resources. The regulations do not authorize the taking, use, or possession of fish, wildlife, or plants for ceremonial or religious purposes, except where specifically authorized by federal statute or treaty rights, or where hunting, trapping, or fishing are otherwise allowed.

The Service will protect sacred resources to the extent practicable and in a manner consistent with the goals of the traditionally associated Native American tribe or group when authorized under the National Historic Preservation Act. The location and character of sacred sites will be withheld from public disclosure if disclosure will cause significant invasion of privacy, risk harm to the historic resource, or impede the use of a traditional religious site by practitioners.

As with other nonrecreational users, members of Native American tribes or groups may enter parks for traditional nonrecreational activities without paying an entrance fee.

The ceremonial use of peyote will be limited to members of the Native American Church during religious ceremonies, in accordance with regulations of the Department of Justice, Drug Enforcement Administration (“Special Exempt Persons, Native American Church,” 21 CFR 1307.31).

*(See Consultation 5.2.1; Ethnographic Resources 5.3.5.3; first Amendment Activities 8.6.3; Consumptive Uses 8.9. Also see Executive Order 13007; Director’s Orders #71A: Relationships with Indian Tribes, and #71B: Indian Sacred Sites)*

**8.6   Special Park Uses**

**8.6.1   General**

A special park use is defined as a short-term activity that takes place in a park area and that 

· provides a benefit to an individual, group, or organization rather than the public at large

· requires written authorization and some degree of management control from the Service in order to conserve park resources and values and the public interest

· is not prohibited by law or regulation

· is not initiated, sponsored, or conducted by the Service; and is not managed under a concession contract (see chapter 10), a recreation activity for which the Park Service charges a fee, or a lease (see chapter 5).

**8.6.1.1   Requests for Permits**

Each request to permit a special park use or to renew authorization of an existing use will be reviewed and evaluated by the superintendent according to the terms of applicable legislation, regulations, and management planning documents using criteria and procedures outlined in Director’s Order #53: Special Park Uses. When considering permit requests, superintendents will take into account the Servicewide implications of their decisions. A superintendent must deny initial requests or requests for renewal upon finding that the proposed activity would not be allowed under the criteria listed in section 8.1.

The superintendent likewise must terminate previously authorized special park uses based on such a finding.

**8.6.1.2   Fees**

Appropriate fees for cost recovery, as well as performance bond and liability insurance requirements, will be imposed, consistent with applicable statutory authorities and regulations. All costs incurred by the Service in writing the permit, monitoring, providing protection services, restoring park areas, or otherwise supporting a special park use will be reimbursed by the permittee. When appropriate, the Service will also include a fair charge for the use of the land or facility.

*(See Park Management 1.4; Recreation Fees and Reservations 8.3; Special Events 8.6.2)*

**8.6.2   Special Events**

**8.6.2.1   General**

Special events—such as sports, pageants, regattas, public spectator attractions, entertainment, ceremonies, and encampments—may be permitted by the superintendent when (1) there is a meaningful association between the park area and the event, and (2) the event will contribute to visitor understanding of the significance of the park area. However, a permit must be denied if the event would be disallowed under the criteria listed in section 8.1. The superintendent must ensure that appropriate permit conditions are used for special events.

The Park Service will not permit the public staging of special events

· that are conducted primarily for the material or financial benefit of organizers or participants

· that are commercial in nature

· that demand in-park advertising or publicity

· for which a separate public admission fee is to be charged

However, park buildings or specially designated locations that are suitable and appropriate may be made available for private, “by-invitation-only” events. Admission fees for or any other monies associated with the “by-invitation-only” event may not be collected by the permittee on park premises.

Large-scale events will be managed using the NIMS Incident Command System. 

*(See Special Events 6.4.5; Personal Services 7.3.1; Cultural Demonstrators 7.5.6; Facilities for Arts and Culture 9.3.1.7. Also see 36 CFR 2.50 and 36 CFR 7.96)*

**8.6.2.2   Helium-Filled Balloons**

Helium-filled balloons pose a danger to the health and safety of marine wildlife (such as sea turtles and sperm whales) and create a litter problem. Therefore, no releases of helium-filled balloons into the atmosphere within a park will be authorized, except for research or planning purposes. Releasing balloons indoors where they can be retrieved may be authorized under permit.

**8.6.2.3   Fireworks Displays**

Fireworks displays will not be permitted if they pose an unacceptable risk of wildland or structural fire or will cause unacceptable impacts to park resources or values or jeopardize public safety. In all instances, the decision to approve or deny a request will be made by the superintendent, following consultation with the regional safety officer. Fireworks displays will be conducted in compliance with the National Fire Protection Association Code for the Display of Fireworks (NFPA 1123). 

**8.6.2.4   Sale of Food or Merchandise**

The sale of food in the parks is allowed when managed under a permit that does not conflict with a concession contract and that complies with applicable public health codes and Director’s Order #83: Public Health. The sale of printed material as defined in 36 CFR 2.52, 36 CFR 7.96(k), and Reference Manual 53, is allowed; but the sale of all other merchandise, including but not limited to T-shirts, clothing, and arts and crafts, is prohibited. These restrictions do not apply to sales operations managed under concession contracts or under agreements with cooperating associations operating within their designated sales areas. (For the sale of products produced in the conduct of living exhibits, interpretive demonstrations, or park programs, see section 7.5.6 of chapter 7.)

*(Also see 60 FR 17639, April 7, 1995)*

**8.6.3   First Amendment Activities**

The National Park Service will authorize the use of park land for public assemblies, meetings, demonstrations, religious activities, and other public expressions of views protected under the First Amendment of the U.S. Constitution, in accordance with NPS regulations. To ensure public safety and the protection of park resources and values, and to avoid assigning the same location and time to two or more activities, the Service may manage these activities by issuing a permit to regulate the time, location, number of participants, use of the facilities, and number and type of equipment used, but not the content of the message presented.

For all parks except those within the National Capital Region, locations that are available for public assemblies and other First Amendment activities, including the sale and distribution of printed matter, will be so designated by the superintendent on a map in accordance with procedures and criteria found in NPS regulations (36 CFR 1.5, 1.7, 2.51, and 2.52) unless the sites are otherwise protected from public disclosure, such as sites sacred to Native Americans or sites with vulnerable natural and cultural resources. National Capital Region parks are subject to special demonstration regulations found at 36 CFR 7.96(g)(4)(iii) and do not have such areas designated by the superintendent.

When the Service allows one group to use an area or facility for expressing views, it must provide other groups with a similar opportunity if requested. No group wishing to assemble lawfully may be discriminated against or denied the right of assembly if all permit conditions are met. Whenever religious activities are conducted in parks, any NPS actions pertaining to them must reflect a clearly secular purpose, must have a primary effect that neither advances nor inhibits religion, and must avoid “excessive governmental entanglement with religion.”

NPS staff on duty in an area in which a First Amendment activity is being conducted will be neutral toward the activity, but will remain responsible for the protection of participants, spectators, private property, public property, and park resources. On-duty staff may not participate in a First Amendment activity. NPS employees exercising their First Amendment rights when off-duty must not in any way imply any official NPS endorsement of the activity.

When a permit is requested for the exercise of First Amendment rights, including freedom of assembly, speech, religion, and the press, the superintendent will issue the permit without any requirement for fees, cost recovery, bonding, or insurance. The superintendent will issue or deny a First Amendment permit request under 36 CFR 2.51 within two (2) business days after receiving a proper application. National Capital Parks subject to special demonstration regulations found at 36 CFR 7.96(g)(3) are deemed granted, subject to all applicable limitations and restrictions, unless denied within 24 hours of receipt.

*(See Confidentiality 5.2.3. Also see Reference Manual 53)*

**8.6.4   Rights-of-Way for Utilities and Roads**

**8.6.4.1   General**

A right-of-way is a special park use allowing a utility to pass over, under, or through NPS property. It may be issued only pursuant to specific statutory authority, and generally only if there is no practicable alternative to such use of NPS lands. The criteria listed in section 8.2 must also be met.

When an application for a right-of-way is submitted, the superintendent will establish conditions and develop documentation of compliance with the National Environmental Policy Act, the National Historic Preservation Act, and other statutory compliance requirements as appropriate. Due to the potentially high costs and values associated with rights-of-way, special attention will be paid to fees and the recovery of a fair market value for use of the land. New rights-of-way will be executed by the regional director; conversions from other authorizing documents, amendments, and renewals of existing rights-of-way may be signed by the superintendent. A right-of-way issued by the Park Service is considered a temporary document, and does not convey an interest in land.

NPS regulations pertaining to the issuance of rights-of-way are in 36 CFR Part 14; Department of the Interior regulations pertaining to rights-of-way in Alaska are found in 43 CFR Part 36. Additional guidance can be found in Director’s Order #53, and Reference Manual 53: Special Park Uses. A utility or road right-of-way proposed for a park in Alaska is subject to the authorities and procedural requirements of title XI of the Alaska National Interest Lands Conservation Act.

*(See Park Management 1.4, Rights- of- Way 6.4.8. Also see Director’s Order #53)*

**8.6.4.2   Utilities**

Utility rights-of-way over lands administered by the Park Service are governed by statutory authorities in 16 USC 5 (electrical power transmission and distribution, radio and TV, and other forms of communication facilities), and 16 USC Part 79 (electrical power, telephone, and water conduits). Rights-of-way issued under 16 USC Part 5 or 79 are discretionary and conditional upon a finding by the Service that the proposed use will not cause unacceptable impacts to park resources, values, or purposes, and that the use is not incompatible with the public interest. 

**8.6.4.3   Telecommunication Antenna Sites**

Requests to site non-NPS telecommunication antennas and related facilities on NPS lands will be considered in accordance with the Telecommunications Act of 1996 (47 USC 332 note), which authorizes the Park Service to issue rights-of-way permits for telecommunications services. Superintendents will accept an application for a telecommunications antenna site only from a Federal Communications Commission licensee authorized to provide these services.

As with other special park uses, telecommunication proposals must meet the criteria listed in section 8.1. In addition:

· Superintendents will encourage preliminary meetings with telecommunication antenna applicants who wish to discuss the pending applications and address NPS concerns. Similar meetings should be held during the decision-making process, as necessary, particularly if the superintendent is considering denying the application.

· Superintendents will consider the safety of the visiting public when reviewing telecommunication antenna applications, including the potential benefit of having telephone access to emergency law enforcement and public safety services.

· Reviews under the National Environmental Policy Act and the National Historic Preservation Act will be conducted expeditiously, consistent with all applicable statutes, and within timetables established under Director’s Order #53.

**8.6.4.4   Roads and Highways**

Right-of-way permits are not issued for roads and highways within the federal aid highway system. These highways require specific statutory authority. A request for lands for highway purposes under 23 USC 107(d) or 317 is subject to compliance with 23 USC 138—commonly referred to as 4(f)). The 4(f) evaluation is to be completed by the Secretary of Transportation and concurred by the Secretary of the Interior. There are no general NPS statutory authorities for non-NPS roads or for gas pipelines; however, individual park enabling legislation may provide such authorizations. If park-specific enabling legislation is absent, the Service will generally object to proposals for the use of park lands for highway purposes that do not directly benefit a park.

*(See Fees 8.6.1.2; Non-NPS Roads 9.2.1.2, Construction and Expansion Proposals 9.2.1.2.2. Also see Director’s Order #87D: Non-NPS Federal Aid Roads)*

**8.6.5   Access to Private Property**

The Service will allow access to the private property of adjacent landowners, or landowners within park boundaries, consistent with any deed reservations or statutory rights of access. Where no right of access otherwise exists, the Service may allow access when it determines that providing such access is an appropriate use.

Whenever access to private property is allowed, commercial vehicles will be allowed access across NPS-administered lands to private property only in accordance with 36 CFR 5.6, “Commercial Vehicles.” Access to nonfederal lands in Alaska that requires access across NPS-administered lands will be provided in accordance with the applicable regulations implementing Title 11 of the Alaska National Interest Lands Conservation Act. 

**8.6.6   Filming and Photography**

**8.6.6.1   General**

The National Park Service will encourage filming and photography when it will promote the protection and public enjoyment of park resources provided that the activity does not violate the criteria listed in section 8.1.

Filming and photography activities that do not necessarily promote the protection and public enjoyment of parks, but which meet the section 8.1 criteria, will also be permitted. For the purposes of this policy, “filming” is defined as the recording of images or the sound tracks associated with them, including still, motion, and video filming by any available technology.

**8.6.6.2   Permits and Fees**

A permit will be required for any filming or photography that (1) involves the use of a model, set, or prop; (2) requires entry into a closed area; or (3) requires access to the park outside normal visiting hours.

A permit will not be required for a visitor using a camera and/or a recording device for their own personal use within normal visitation areas and hours. Press coverage of breaking news never requires a permit; however, it is subject to the restrictions and conditions necessary to conserve park resources, provide for public health and safety, and prevent impairment of park resources or values.

Appropriate fees for cost recovery and use of NPS lands and/or facilities, as well as performance bond and liability insurance requirements, will be imposed. All costs incurred by the Service in writing the permit, monitoring, providing protection services, or otherwise supporting filming or photography activities will be reimbursed by the permittee as a condition of the permit.

**8.6.6.3   NPS Participation**

The Service’s participation is governed by the following: 

· The Park Service may actively assist filming and photography activities that promote public understanding and appreciation of the national park system, and the Director may authorize use of the arrowhead symbol for such filming projects.

· A superintendent may request a credit line provided that the content or subject matter of the filming project would not reflect adversely on the National Park Service.

· NPS employees, while on duty or in uniform, will not be employed by filming permittees.

Identifiable NPS equipment, uniforms, or insignia must not be portrayed in any way that would imply Service endorsement of a product or service. The Park Service will not censor the content of any filming project, or require finished film products for review, files, or documentation purposes. However, a superintendent may review a story board or other material offered by the applicant to help determine whether (1) a credit line would be appropriate, or (2) it would be appropriate for the Park Service to actively assist a filming activity or authorize use of the arrowhead symbol.

Additional guidance is provided by Director’s Order #53: Special Park Uses; and by Reference Manual 53.

*(Also see Director’s Order #52D: Arrowhead Symbol)*

**8.6.7   Agricultural Uses**

Agricultural uses and activities are authorized in parks in accordance with the direction provided by a park’s enabling legislation and general management plan. Agricultural practices and techniques, including the use of pesticides and other biocontrol agents such as genetically modified or engineered organisms, should be specified in an approved resource management plan, and are subject to review and approval by the NPS integrated pest management (IPM) program manager. These practices and techniques are also subject to the provisions of federal and state laws, NPS regulations and policies, and Director’s Orders #53 and #77-7. In general, agricultural activities should be conducted in accordance with accepted best management practices.

Agricultural activities, including demonstration farms, prescribed to meet a park’s management objectives, will be allowed if (1) they are consistent with park purposes; (2) they conform to activities that occurred during the historic period; (3) they support the park’s interpretive themes; and (4) they do not result in unacceptable impacts to park resources and values. Agricultural uses that do not conform to those in practice during the historic period may be allowed if (1) they are authorized by the park’s enabling legislation; (2) they are retained as a right subsequent to NPS land acquisition; (3) they contribute to the maintenance of a cultural landscape; or (4) they are carried out as part of a living exhibit or interpretive demonstration.

The Service may issue leases or special use permits to individuals or organizations to conduct agricultural activities that are allowed on park lands under the criteria listed in the preceding paragraph. The use of a lease (versus a special use permit) is appropriate only when (1) specifically authorized by the park’s enabling legislation; or (2) it is part of an historic preservation program authorized by 16 USC 470h-3; or (3) it is associated with a building that is leased pursuant to 16 USC 1a-2(k). NPS and concession employees living in parks may cultivate gardens for personal use under terms and conditions established by the superintendent. Such use will not be permitted if it would have unacceptable impacts on park resources or values. In urban parks, areas may be designated for community recreational gardening under the same conditions.

*(See Park Planning Processes 2.3; Biological Resource Management 4.4; Pest Management 4.4.5; Cultural Landscapes 5.3.5.2; Personal Services 7.3.1; Unacceptable Impacts 8.1.2. Also see Director’s Order #77- 7: Integrated Pest Management)*

**8.6.8   Domestic and Feral Livestock**

**8.6.8.1   General**

Livestock uses in parks fall into 4 categories: (1) recreational pack and saddle stock use, (2) administrative stock use, (3) agricultural (commercial and administrative) grazing, and (4) trespass and feral stock. Grazing that is incidental to the recreational use of stock is governed by the horse and pack stock regulations at 36 CFR 2.16, and the policy direction for such use is discussed in Section 8.2.2.7. Agricultural stock use regulations are found at 36 CFR 2.60.

**8.6.8.2   Managing Agricultural Grazing**

Agricultural (commercial and administrative) grazing is an authorized use in some parks. The Park Service will only allow agricultural grazing in parks where it is

· specifically authorized by federal law, 

· required under a reserved right of use arising from the acquisition of a tract of land,

· required in order to maintain a historic scene, or

· conducted as a necessary and an integral part of a recreational activity appropriate to a park.

Parks with agricultural livestock use, including parks where such use is administered by another agency, should address the management of this use in an agricultural or livestock use plan or other appropriate public planning document. The amount (stocking densitities, animal unit months) and type (seasonal, rotation schedules, etc.) of use must be determined according to established protocols to prevent unacceptable impacts to park resources and to avoid conflicts with visitors. Particular attention will be given to protecting wetland and riparian areas, sensitive species and their habitats, water quality, and cultural resources. A monitoring program must be implemented, and adaptive management practices must be used to protect park resources.

Agricultural livestock grazing will use “best management practices” to protect park vegetation, wildlife, soils and water; safeguard sensitive species; prevent or minimize the establishment and spread of nonnative species; and preserve cultural sites. Integrated pest management methods must conform to NPS pest management policy in Section 4.4.5. Other forms of administrative stock use, such as using grazing animals to achieve resource conditions (i.e., using sheep to remove leafy spurge) may also be allowed as part of an integrated pest management plan.

**8.6.8.2.1   Permitting Agricultural Grazing**

Agricultural livestock activities by parties other than the Park Service will be conducted only pursuant to the terms and conditions of a special use permit or lease. The use of a lease (versus some other instrument) is appropriate only when (1) specifically authorized by the park’s enabling legislation; or (2) it is part of an historic preservation program authorized by 16 USC 470h-3; or (3) the livestock use is associated with a building that is leased pursuant to 16 USC 1a-2(k).

In addition to any other penalty provisions, violation of the terms and conditions of the permitting instrument may result in revocation of the livestock use privilege. In parks where the Park Service shares livestock allotment management with another government agency, or where another government agency, through legislation, administers the use, a general agreement between agencies is necessary to describe the relationship and responsibilities.

**8.6.8.2.2   Structures for Agricultural Grazing**

Appropriate structures will be approved by the National Park Service and will be allowed in parks when

· such use is consistent with a livestock management plan or another appropriate management, 

· the structures are consistent with park purposes and other applicable laws, regulations, or policies, and 

· the structures will not cause unacceptable impacts to park resources and values. 

The Service will not expend funds to construct or maintain livestock structures unless there is a direct benefit to the protection of park resources. The permittee may be required to remove structures when livestock activities are no longer authorized unless the Service determines that the structures are an appropriate use.

*(See Management of Exotic Species 4.4.4; Water Resource Management 4.6; Identification and Designation of the Wilderness Resource 6.2; Grazing and Livestock Driveways 6.4.7; Equestrian Trails 9.2.3.3; Miscellaneous Management Facilities 9.4.5. Also see Director’s Order #77-3: Domestic and Feral Livestock, and Reference Manual 77-3; Director’s Order #53: Special Park Uses, and Reference Manual 53; Director’s Order #77-7: Integrated Pest Management)*

*(See chapter 2 Park System Planning)*

**8.6.8.3   Trespass and Feral Livestock**

Livestock trespassing on park lands may be impounded and disposed of pursuant to the provisions of 36 CFR 2.60, with the owner charged for expenses incurred. Wild living, or feral livestock having no known owner may be disposed of in accordance with 36 CFR 2.60.

Parks having shared jurisdiction with state fish and wildlife agencies should coordinate with their counterparts in the determination of how a particular animal is classified in that state. Good communication with state officials will minimize conflicts.

**8.6.9   Military Operations**

In general, military activities are discouraged in parks, except for study of military history at related NPS sites. Periodically, an armed services unit may request the use of park areas for noncombat exercises such as search-and-rescue and outdoor survival. Determining when and where military units may conduct such activities is a discretionary decision of the superintendent. A permitted military activity must conform to the following conditions: 

· A permit will be issued that clearly states all necessary conditions or stipulations to protect park resources and values and provide for visitor enjoyment and safety;

· All applicable park rules and regulations will be followed;

· No weaponry will be carried, displayed, or used, except for ceremonial purposes or authorized public demonstrations;

· The activity will be conducted away from visitor use locations and out of public view (except where a public demonstration is specifically authorized);

· The military organization will designate a liaison officer who will be available to the superintendent throughout the exercise; and 

· Permittees will be educated about how the purpose, mission, and regulations of the park may differ from their own missions, especially in regard to resource protection and visitor use and enjoyment.

National security and law enforcement agencies, such as the CIA, FBI, Secret Service, Department of Homeland Security, and state police, may wish to conduct similar exercises. These requests should be evaluated in the same way as military special use requests.

**8.6.10   Cemeteries and Burials**

**8.6.10.1   National Cemeteries**

All national cemeteries administered by the National Park Service will be managed as historically significant resources, and as integral parts of larger historical parks. Burials in national cemeteries will be permitted, pursuant to applicable regulations, until available space has been filled. The management and preservation of national cemeteries are subject to the provisions of the National Cemeteries Act of 1973; NPS “National Cemetery Regulations” (36 CFR Part 12); and Director’s Order #61: National Cemeteries.

The enlargement of a national cemetery for additional burials constitutes a modern intrusion, compromising the historical character of both the cemetery and the historical park; therefore, enlargement will not be permitted. 

**8.6.10.2   Family Cemeteries**

The burial of family members in family cemeteries that have been acquired by the Service in the course of establishment of parks will be permitted to the extent practicable, pursuant to applicable regulations, until space allotted to the cemeteries has been filled. Family members (or their designees) will be allowed access for purposes of upkeep and commemoration (such as wreath-laying and religious rituals) that do not jeopardize safety or resource conservation. Whenever applicable, park managers will keep active files on cemeteries for the purpose of responding to requests and inquiries.

*(Also see Director’s Order #19: Records Management)*

**8.6.10.3   Other Burials and the Scattering of Ashes**

Other burials or re-interments outside established cemeteries in parks will be prohibited except where permitted by cultural resource policies. The scattering of ashes from cremation may be permitted by a superintendent, in accordance with NPS general regulations in 36 CFR 2.62 and applicable state laws. Authorization to scatter ashes must take into account potential conflicts with the spiritual or cultural practices of the indigenous people associated with the area.

*(See Stewardship of Human Remains and Burials 5.3.4; Cultural Resources 6.3.8, Consultation 7.5.5)*

**8.6.11   Other Special Park Uses**

Other special park uses that may be allowed under permit or special regulations include the use of explosives and the use of portable power equipment. Specific guidance is provided in 36 CFR Part 2; Director’s Order #53: Special Park Uses; and Reference Manual 53. 

**8.7   Mineral Exploration and Development**

Mineral exploration and development include exploration, extraction, production, storage, and transportation of minerals. Mineral exploration or development may be allowed in parks only when prospective operators demonstrate that they hold rights to valid mining claims, federal mineral leases, or nonfederally owned minerals. If this right is not clearly demonstrated, the National Park Service will inform the prospective operator that until proof of a property right is documented the Service will not further consider the proposed activity. The Service, in consultation with the owner, will seek to extinguish the associated mineral right through acquisition unless otherwise directed by Congress if the Service determines that the proposed mineral development would (1) impair park resources or values, or (2) is not consistent with park purposes, or (3) does not meet approval standards under applicable NPS regulations and cannot be sufficiently modified or mitigated to meet those standards. In some parks, all or certain types of mineral development are specifically prohibited by law.

All persons who conduct mineral development within parks will do so only in conformance with applicable laws, regulations, and NPS policies. These laws include the Mining in the Parks Act, the Mineral Leasing Act, the Acquired Lands Mineral Leasing Act, the Surface Mining Control and Reclamation Act of 1977, the National Park System General Authorities Act, the Alaska National Interest Lands Conservation Act, and enabling statutes for individual parks. Applicable regulations include 36 CFR Part 9, Subpart A and Subpart B; 43 CFR Parts 3100-3500; and special use regulations. Persons may not use or occupy surface lands in a park for purposes of removing minerals outside the park unless provided for by law. General management plans, land protection plans, and other planning documents for parks with mining claims, federal mineral leases, or nonfederally owned mineral interests will address these nonfederal property interests as appropriate. Lands with mineral interests will be zoned according to their anticipated management and use based on their resources and values, park management objectives, and park-specific legislative provisions relating to mineral interests.

*(See Park Planning Processes 2.3; Land Protection Plans 3.3; Identification and Designation of the Wilderness Resource 6.2; Mineral Development 6.4.9)*

**8.7.1   Mining Claims**

The location of new mining claims pursuant to the General Mining Act of 1872 is prohibited in all park areas. Under the Mining in the Parks Act, the National Park Service may permit mineral development only on existing patented and valid unpatented mining claims in conformance with the park’s enabling legislation and the regulations for mining claims in 36 CFR Part 9, Subpart A. The Service may require a validity examination on unpatented mining claims at any time. The Service will require a validity examination of all unpatented mining claims before approving any operations on such claims in accordance with 36 CFR Part 9, Subpart A. However, a validity examination is not required before the NPS authorization of activities that are conducted only to reclaim a site. All mineral development and use of resources in connection with a claim will be confined to the boundaries of the claim itself, except for access and transport permitted under 36 CFR Part 9, Subpart A; or, for Alaska, 43 CFR Part 36.

**8.7.2   Federal Mineral Leases**

All parks are closed to new federal mineral leasing except for three national recreation areas (Lake Mead, Whiskeytown, and Glen Canyon) in which Congress has explicitly authorized federal mineral leasing in each area’s enabling legislation. Through park planning documents, the National Park Service has closed portions of these areas to federal mineral leasing because of the presence of sensitive resources. No person may explore for federal minerals in any of these areas except under a lease issued pursuant to regulations in 43 CFR Part 3100, or under a prospecting permit pursuant to 43 CFR 3500. Before consenting to a federal mineral lease or subsequent mineral development connected with a lease, the regional director must find, in writing, that leasing and subsequent mineral development will not result in a significant adverse effect on park resources or administration. 

Some park areas contain leases that existed at the time the park was created or expanded. These leases are valid existing rights and will continue to exist until such time as they expire under the regulations that govern federal mineral leasing (43 CFR Parts 3100 and 3500).

**8.7.3   Nonfederally Owned Minerals**

Nonfederal mineral interests in park units consist of oil and gas interests, or rights to mineral interests other than oil and gas (such as private outstanding mineral rights, mineral rights through general land grant patents, homestead patents, or other private mineral rights that did not derive from the General Mining Act). The Service governs activities associated with these two categories of nonfederal mineral rights under separate regulatory schemes.

The Service may approve operations associated with nonfederal oil and gas interests under the standards and procedures in 36 CFR Part 9, Subpart B. If an operator’s plan fails to meet the regulatory standards for approval, the Park Service may have authority to deny the operation and initiate acquisition in accordance with the procedures outlined in Section 3.7. Application of the regulations is not intended to result in a taking of the property interest, but rather to impose reasonable regulation of the activity.

Operations associated with nonfederal mineral interests, other than oil and gas, are subject to the requirements of 36 CFR Part 5, “Commercial and Private Operations,” and 36 CFR 1.6.  In accordance with 36 CFR 1.6, the Service will consider how operations associated with these mineral interests would impact public health and safety, environmental, or scenic values, natural or cultural resources, scientific research, implementation or management responsibilities, proper allocation and use of facilities, or the avoidance of conflict among visitor use activities. If the impacts from operations cannot be sufficiently mitigated, the Park Service may seek to acquire the mineral interest in accordance with the procedures outlined in Section 3.7.

**8.8   Collecting Natural Products**

The collection of natural products for personal use or consumption is governed by NPS general regulations contained in 36 CFR 2.1 and 36 CFR Part 13. A superintendent may designate certain fruits, berries, nuts, or unoccupied seashells that can be gathered by hand for personal use or consumption upon a written determination by the superintendent that such an activity will not adversely affect park wildlife or the reproductive potential of a plant species or otherwise adversely affect park resources. In some cases, peer-reviewed scientific information may be needed to support the determination. The regulations do not authorize the taking, use, or possession of fish, wildlife, or plants for ceremonial or religious purposes, except where specifically authorized by federal statute or treaty rights, or where hunting, trapping, or fishing are otherwise allowed. The collection of minerals or rocks for personal use will be allowed only when specifically authorized by federal law or treaty rights. 

While campfires are a traditional element of camping and the park experience, the gathering of firewood will be allowed where subsistence use is authorized by federal law, or in specific areas designated by a superintendent in which dead and down wood may be collected for campfires or in small quantities for other uses within the park. Natural resource products that accumulate as a result of site clearing for development, hazard tree removal, vista clearing, or other management actions will be recycled through the ecosystem when practicable. When recycling is not practicable, the products may be disposed of by other means. Disposal may be accomplished by contract if the result of the work done under contract and the value are calculated in the contract cost, or by sale at fair market value in accordance with applicable laws and regulations. Wood that accumulates as a result of the management actions described above may also be used for park purposes, such as heating public buildings or offices, or for interpretive campfire programs. 

*(See Consumptive Uses 8.9, Natural and Cultural Studies, Research, and Collection Activities 8.10. Also see Director’s Order #18: Wildland Fire Management)*

**8.9   Consumptive Uses**

Consumptive uses of park resources may be allowed only when they are 

· specifically authorized by federal law or treaty rights (such as hunting, trapping, mining, or subsistence use in specifically identified parks)

· specifically authorized pursuant to other existing rights (such as a right retained by a donor of the land on which the use would occur)

· grazing activities authorized in accordance with section 8.2.2.7 and 8.6.8.2.1

· traditional visitor activities, such as fishing or berry picking, that are authorized in accordance with NPS general regulations

The 36 CFR Part 13 regulations address the consumptive use of park resources for subsistence purposes in Alaska. Some park-specific enabling acts (e.g., Big Cypress National Preserve and Kaloko-Honokohau National Historical Park) also allow subsistence or other traditional uses of park resources.

*(See Park Management 1.4; Harvest of Plants and Animals by the Public 4.4.3; General 8.1, Native American Use 8.5. Also see 36 CFR Part 13, Subpart B)*

**8.10   Natural and Cultural Studies Research and Collection Activities**

Studies, research, and collection activities by non-NPS personnel involving natural and cultural resources will be encouraged and facilitated when they otherwise comport with NPS policies. Scientific activities that involve field work or specimen collection, or have the potential to disturb resources, the visitor experience, or park operations, require a permit issued by the superintendent that prescribes appropriate conditions for protecting park resources, visitor use and enjoyment, and operations.

*(See Studies and Collections 4.2; Independent Research 5.1.2; Independent and Commercial Studies 8.11.3)*

**8.11   Social Science Studies**

**8.11.1   General**

The National Park Service will facilitate social science studies that support the NPS mission by providing an understanding of park visitors, the nonvisiting public, gateway communities and regions, and their interactions with park resources. This approach will provide a scientific basis for park planning, development, operations, management, education, and interpretive activities. Investigators will be encouraged to use the parks for scientific studies whenever such use is consistent with NPS policies that recognize the scientific value of parks as laboratories. Specific guidance is provided in Director’s Order #78: Social Science.

Studies include short- or long-term scientific investigations in NPS areas that may involve social science surveys and research. The data and information acquired through scientific activities conducted in the parks will be made broadly available to park management, the scientific community, and the public, except where legal restrictions apply. Studies may include projects conducted by researchers and scholars with universities, foundations, state and federal agencies, and NPS staff. The Park Service will promote cooperative relationships with educational and scientific institutions and qualified individuals when specialized expertise exists that can be of significant assistance to the Service in obtaining information, and when the opportunity for research and study in the parks offers institutions a significant benefit to their programs. NPS facilities and assistance may be made available to qualified researchers conducting NPS-authorized studies. NPS or other federally funded studies that rely on survey instruments are strictly regulated and must be approved by the Park Service, the Department of the Interior, and the Office of Management and Budget before they can be used to gather information directly from visitors or the general public.

*(See Information Resources Management 1.7; Studies and Collections 4.2; Research 5.1, Planning 5.2; Special Park Uses 8.6; NPS-supported Studies 8.11.2; Independent and Commercial Studies 8.11.3. Also see the Department of the Interior’s Interim Guidelines for Collection of Information from the Public)*

**8.11.2   NPS-supported Studies**

The National Park Service is responsible for the identification and acquisition of needed inventory, monitoring, and research, as well as for the interpretation of the management and operational implications of such studies. The Service will use the best available science to assist park management in addressing management needs and objectives that have been identified in legislation and planning documents.

The Service will support studies to 

· reach a level of understanding that will minimize “crisis” management 

· ensure a systematic and fully adequate park information base 

· provide a sound basis for policy, planning, and decision making

· develop effective strategies, methods, and technologies to predict, avoid, or minimize impacts on resources while providing for visitor use and enjoyment

· determine causes of resource management problems

· further understand park ecosystems and related human social systems, and document their components, condition, and significance

· evaluate visitor satisfaction with services, facilities, and recreational opportunities

· ensure that the interpretation of park resources and issues reflects current standards of scholarship for the history, science, and condition of the resources

· evaluate performance measures in support of strategic plan goals

· ensure that the interpretation of park resources and issues reflects current standards of scholarship for the history, science, and condition of the resources 

· evaluate performance measures in support of strategic plan goals. 

Superintendents may authorize park staff to carry out routine duties without requiring a research/collecting permit. NPS-supported research will rely on high-quality methods and undergo peer review. NPS-supported scientists will be expected to publish their findings in refereed journals, among other outlets.

**8.11.3   Independent and Commercial Studies**

Non-NPS social science studies conducted in parks are not required to address specifically identified NPS management issues or information needs. However, these studies (excluding research in museum collections) require an NPS research/collecting permit. Permits must include terms and conditions requiring that the studies conform to NPS policies and other guidance regarding activities such as the collection and publication of data, conduct of studies, and wilderness use. NPS research/collecting permits may also include requirements that permittees provide parks, within reasonable time-frames, with the appropriate field notes (subject to ethical guidelines of the appropriate discipline), data, information about the data, catalog data, progress reports, interim and final reports, and publications derived from the permitted activities. Projects will be administered and conducted only by fully qualified personnel, and will conform to current standards of scholarship.

The collection of data from the public and employees to support the research, development, and marketing of commercial products or services may be permitted only in limited circumstances. Such activity will be permitted when the superintendent determines that it would be an appropriate use. All necessary data collection permits must be obtained, including the Scientific Research and Collecting Permit. Names and addresses and any other unique identifying information collected from park visitors and/or employees cannot be distributed, shared, or sold for commercial purposes.

*(Also see Director’s Order #84: Library Resources)*

**8.11.4   Management and Conduct of Studies**

All studies in parks will employ nondestructive methods to the maximum extent possible to avoid the irretrievable commitment of park resources. Studies will be preceded by an approved scope of work, proposal, or other detailed written description of the work to be performed.

*(See Studies and Collections 4.2. Also see Director’s Order #74: Studies and Collecting)*

**8.12   Leases and Cooperative Agreements**

The National Park Service may permit the use of any property, whether historic or nonhistoric (except nonhistoric land) through a lease or cooperative agreement if such lease or cooperative agreement will ensure the property’s preservation. Proposed uses must be determined to be appropriate, and rent must be at least equal to the fair market value adjusted for capital investments and restrictions. The proposed activities of the lease must not be subject to authorization through a concession contract, commercial use authorization or similar instrument, and the lease must adequately ensure the preservation of the property if the property is historic.  

In general, each lease will be competitively offered through a Request for Proposals or a Request for Bids. However, the Park Service may enter into a lease noncompetitively with nonprofit organizations or units of government if the responsible manager determines that the nonprofit or governmental use of the property will contribute to the purposes and programs of the park. All leases must be at fair market value. The term of the lease will be the shortest time needed for the proposed use, taking into account required lessee investments and other factors related to determining an appropriate lease term. No lease will exceed 60 years. Lease terms may not be extended except that leases with a term of one (1) year or more may be extended once for a period not to exceed one (1) additional year if it is determined that an extension is necessary because of circumstances beyond NPS control.

Leases with a term off sixty (60) days or less, or short-term leases, may be awarded noncompetitively if the Park Service determines that to do so is in the best interests of the administration of the applicable park area. This authority is not limited to nonprofit organizations or units of government; any qualified person or entity may be awarded a lease with a term of sixty (60) days or less. Short-term leases cannot require any rehabilitation or improvements to the applicable property. Fair market rent is determined through a comparable determination of similar local rental rates.

Cooperative agreements to occupy, maintain, repair, rehabilitate, restore, or build upon an historic or nonhistoric property can be entered into with state, local, and tribal governments; other public entities; educational institutions; and private nonprofit organizations when it is anticipated that substantial involvement between the Park Service and the cooperator would exist during the period of occupancy.

If a lease or cooperative agreement requires or allows the lessee or cooperator to maintain, repair, rehabilitate, restore, or build upon historic property, it will require the work be done in accordance with applicable Secretary of the Interior’s standards and guidelines and other NPS policies, guidelines, and standards.

*(See Chapter 10: Commercial Visitor Services. Also see Director’s Order #38: Real Property Leasing)*

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