General Regulations for Areas Administered by the National Park Service and National Park System Units in Alaska

Résumé

The National Park Service (NPS) is proposing to revise portions of its general regulations for areas administered by the National Park Service which define the primary scope and applicability and contain definitions for terms used in the text of the regulations. NPS is also modifying regulations which relate to National Park System units in Alaska. This revision clarifies the applicability of those NPS regulations that apply in all National Park System areas to navigable waters located within park boundaries. In order to protect wildlife and the other values and purposes of the National Park System, the NPS developed general regulations intended to be applicable on navigable waters located within park boundaries irrespective of ownership of submerged lands. However, a recent court case concerning a seal shot in the navigable waters of a national park revealed that a 1987 editorial correction to 36 CFR 1.2(b), aimed at clarifying a separate and distinct application of the regulations, had the unforeseen and unintended effect of arguably linking federal title to submerged lands with the exercise of management authority over activities occurring on navigable waters. Rather than litiga