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By CC [Concerned Citizen] |
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We are all familiar with the Bollard Battle for access over McCarthy’s bridges. Have you ever looked along the McCarthy Road for trails blocked by wooden bollards and posted with “No Motorized Vehicle” signs? There are quite a few. And, of course, we are aware of recent McCarthy area trail closings. What authority, I asked myself, gives the National Park Service (NPS) the right to close trails? |
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I recently acquired a copy of the Federal Register for Wednesday, June 17, 1981, which outlines the “Department of the Interior’s National Park System Units in Alaska Public Uses, Part III.” Section 13.30 deals with “Closing |
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Procedures.” Under 13.30[a], “Authority,” any NPS superintendent or their agent may close an area or restrict an activity on an emergency, temporary, or permanent basis. |
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To determine whether an emergency closure is used to close an area or restrict an activity, 13.30[c] advises NPS to be “guided by factors such as public health and safety, resource protection, protection of cultural or scientific values, subsistence users, endangered or threatened species conservation, and management considerations necessary to ensure that the activity or area is being managed in a manner compatible with the purposes for which the park area was established.” |
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Emergency closures not relating to aircraft, snow¬machines, motorboats, non motorized surface transport¬ation, or the taking of fish and wildlife “shall become effective upon notice.” Notice constitutes either [a] publication in at least one local newspaper, if available, radio messages, Post Office notices, and map documentation, or [b] posted signs on the trail or area, or [c] both. However, an emergency closure can last only 30 days and may not be extended. |
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According to Section 13.30[d], temporary closures or restrictions follow the same “Notice” procedures in 13.30[f] and “shall not extend for a period exceeding 12 months and may not be extended.” |
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Section 13.30[e] states that “permanent closures or restric¬tions shall be published as rule¬making in the Federal Register with a minimum public comment period of 60 days and shall be accompanied by public hearings in the area affected area and other locations, as appropriate.” |
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On September 4, 1986, Federal Regulation 51 FR 31619 was passed to outline ANILCA Access Regulations concerning “Transportation and Utility Systems In and Across, and Access Into, Conservation System Units in Alaska.” Section 36.11 “Special Access” implements the provisions of Section 1110[a] of ANILCA regarding use of snowmachines, motorboats, nonmotorized surface transport, aircraft, and offroad vehicles. Section 36.11[h]2i “Closure Proced¬ures”states that temporary closures “shall not be effective prior to notice and hearing in the vicinity of the area[s] directly affected by such closures and other locations, as appropriate.” Section 36.11[h]4 cites the same “Notice” clause as in the above NPS Regulation which states that notice must be given or signs posted, or both. |
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NPS has obviously chosen to post signs on trails rather than follow the public notice procedures. ANILCA, however, through 51 FR 31619, says that temporary closings require notice and hearings in the local area; no provisions for emergency closings were even mentioned. |
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So, what type of trail closures are we dealing with in the Wrangell-St. Elias? Are they emergency closures? I doubt it. Expired in 30 days and unrenew¬able. Temporary closures? Over in 1 year and unrenewable. I doubt that, too. If we have permanent trail closures on the McCarthy area trails and all other blocked trails in the park, where are they “published as rule¬making in the Federal Register?” When was our 60day comment period? And where were the public hearings “in the area affected?” I, for one, would like to know which closure classifi¬cation was used for our trails to see if proper NPS procedure was followed. |
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Two closing thoughts were found in the Federal Register for June 30, 1983, the “Department of the Interior’s General and Special Regulations for Areas Administered by the NPS, Part II.” Section 1.5[b] “Closures and Public Use Limits” states: “Except in emergency situations, a closure designation, use, or activity restriction or condition... of a highly controversial nature shall be published as rulemaking in the Federal Register.” Section 1.5[c] outlines “Except in emergency situations, prior to implementing or terminating a restriction, condition, public use limit, or closure, the superin¬tendent shall prepare a written determination justifying the action.” |
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I think we’d all like to see that. |
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