Regulations for the Management of Cabins on National Wildlife Refuges in Alaska; Final Rule DEPARTMENT OF THE INTERIOR

SUMMARY: This rule clarifies, updates and modifies existing regulations

on the management of cabins on national wildlife refuges (refuges) in

Alaska. These regulations are necessary in order to comply with the

National Wildlife Refuge System Administration Act of 1966 and the

Alaska National Interest Lands Conservation Act of 1980 (ANILCA)

concerning the administration of cabins on Alaska refuges. These

regulations are being revised to ensure proper and uniform management

of all cabins on national wildlife refuges in Alaska. In addition, a

technical amendment is made to eliminate reference to sections

regarding general provisions which have been removed earlier.

EFFECTIVE DATE: This rule is effective August 26, 1994.

ADDRESSES: U.S. Fish and Wildlife Service, 1011 East Tudor Road,

Attention: Daryl Lons, Anchorage, Alaska 99503.

FOR FURTHER INFORMATION CONTACT: Daryl Lons at the address above;

Telephone: (907) 786-3354.

SUPPLEMENTARY INFORMATION:

Background

Sections 1303 and 1315 of ANILCA (16 U.S.C. 3193 and 3203) allow

the Secretary of the Interior to permit cabins on refuges in Alaska

under certain conditions. Section 304 of ANILCA reemphasizes the

authority of the Secretary to prescribe such regulations as necessary

to ensure the compatibility of uses with refuge purposes.

The original cabin policy for the U.S. Fish and Wildlife Service

(Service) was developed in 1981 and revised in 1984. This policy was

the basis for regulations printed in the Code of Federal Regulations

Title 50. In September 1987, the Service, believing revisions of the

existing cabin policy and regulations were needed, published a Draft

Cabin Management Policy for Cabins on National Wildlife Refuges in

Alaska. The purpose of the cabin policy is to provide uniform guidance

to both the public and refuge managers on human use and occupancy of

cabins located on refuges in Alaska. The policy further serves to

define under what conditions use and occupancy of a cabin may be

compatible with the purposes for which the refuge was established.

Comments and suggestions on the draft policy were solicited during

a 60-day public review period. The Service made extensive revisions in

response to the comments. Because of the number and nature of revisions

made, the Service published a revised draft of the policy in December

1988 to give the public another opportunity to comment before the

policy was made final.

The revised draft was completely reorganized. It better described

the objectives of the policy and set forth the guidelines needed to

comply with ANILCA and the National Wildlife Refuge System

Administration Act of 1966. The comment period for the revised draft

was also 60 days. The final cabin policy was issued in August, 1989.

The next step in the process was to publish proposed rules to

afford the public an opportunity to participate in the rulemaking

process and solicit public comment. A proposed rule was published in

the Federal Register on April 25, 1991 (56 FR 19074). The proposed rule

had a 60 day public comment period and public hearings were held in

Anchorage and Fairbanks, Alaska.

Both the proposed and the final rules contain significantly more

guidance relating to cabin management than existing regulations.

However, only minor changes are made in permit application procedures.

The existing requirement that individuals apply for nontransferable

renewable five year special use permits is retained. However, this

final rule requires two additional items (date of construction or

acquisition of the cabin and the dimensions of the cabin and related

structures) to be submitted in the application. In addition to the

increased application requirements, the rule has additional

requirements of permittees such as getting permission from the refuge

manager before major modification or rehabilitation is conducted on

existing cabins.

Summary of Public Comments

Four persons presented oral comments at the public hearings and the

Service received an additional eight letters providing written comments

from the public. A number of changes were made in the final rule from

the proposed rule after consideration of all public comments received.

Some comments requested changes that were not made, however, and

the Service first addresses these comments as noted below.

(a) Exemptions for Certain Types of Facilities

Comment: The regulations should exempt facilities such as

headquarters sites, visitor centers, and state facilities used to

support fish and wildlife related management.

Response: It is the Service's position that cabins used by the

State for support of fish and wildlife related management are

administrative cabins and should not be exempted from the regulations.

Visitor centers and headquarters sites do not need to be exempted since

they are not within the scope of the cabin regulations.

(b) Access

Comment: The final cabin regulations should address rights of

access.

Response: The Service does not believe it is necessary to repeat

such language in the cabin regulations since the intent of ANILCA

Section 1110(a) regarding access is already articulated in 50 CFR 36.12

and 43 CFR Part 36.

(c) Definition of Family and Immediate Family

Comment: The definition of ``family'' should be broadened and the

definition of ``immediate family'' should be deleted.

Response: The definitions, as proposed, fully meet the intent of

ANILCA Section 1303(c)(1) regarding permit renewal for the life of

claimants and immediate family. The definition of ``immediate family''

was broadened by deleting ``legal'' from the term ``legal spouse.''

(d) Public Use of Seasonally Permitted Cabins

Comment: The definition of ``public use cabin'' should be revised

to allow seasonally permitted cabins to also be used as public use

cabins during the other parts of the year.

Response: The Service does not have the authority to allow use of

``existing'' cabins which are privately owned. Although ``new'' cabins

are government property, the permittees usually have a considerable

amount of private property in and around the cabin. The Service does

not believe it is reasonable to make the permittees' private belongings

accessible to the public or require the permittees to seasonally remove

all of their property.

(e) Permits for New Cabins Generally Only for Subsistence Purposes

Comment: The language ``In general, new cabin permits will be given

only to local residents to pursue a legitimate subsistence

activity[.]'' should be deleted.

Response: This statement meets the intent of ANILCA and the Service

believes it is appropriate to include in the regulations.

(f) Construction and Use of Cabins in Wilderness Areas

Comment: The language which only allows new cabins to be

constructed in wilderness areas that are built specifically for the

administration of the area, for public safety, or for trapping where

trapping has been a traditional and customary use should be deleted.

Response: The language as proposed meets the intent of the

Wilderness Act, as well as ANILCA, and is appropriate to include in the

regulations.

(g) Guests in Cabins

Comment: There was some objection to the requirement that guests

occupying a cabin during the absence of the permittee are required to

obtain a letter of authorization from the permittee.

Response: Unauthorized use and vandalism of permitted cabins has

been a problem in the past. The Service believes this is a reasonable

requirement to reduce the problem.

(h) Recreational Use

Comment: One commenter recommended revising the language ``No

special use permit will be issued for the construction of a cabin for

private recreational use or for the private recreational use of an

existing cabin'' in order to comply with a recent court case.

Response: The language as proposed does comply with the decision of

the court. The case simply made it clear that permittees and their

guests have the right to recreate while occupying cabins for which

permits were issued for purposes other than recreation.

(i) Nontransferable Permits

Comment: It was recommended that permits for existing cabins be

transferable to another person at the election or death of the original

permittee.

Response: Nontransferability is a condition of all Service special

use permits, regardless of the use being authorized. The requirement is

consistent with ANILCA and is appropriate to be included in the

regulations.

(j) Compatibility Criteria

Comment: The criteria for determining cabin compatibility should be

included in the regulations.

Response: Compatibility determinations are site specific and relate

directly to the specific purposes for which each refuge was

established. The 16 refuges established/redesignated by ANILCA have

different purposes.

(k) Relationship of Proposed Regulations With Policy

Comment: The intent, clarifications, and directions in the

Service's cabin policy should be included in the regulations or be

adopted by reference.

Response: The Service's cabin policy was widely distributed to the

public and is available by request to all interested parties. Some of

the information in the policy is of a subjective nature which is not

appropriate for regulations. All elements of the Service's cabin policy

that were determined to be appropriate as regulatory language were

included in the regulations.

(l) Environmental Protection Requirements

Comment: Language should be included that recognizes there are

other Federal and State regulations governing environmental compliance

with activities associated with cabins (e.g., disposal of sewage and

solid waste, drinking water, fuel storage, etc.).

Response: Standard conditions of all special use permits issued by

the Service require the permittees to follow other applicable State and

Federal regulations. Therefore, the inclusion of regulatory language

referencing other applicable regulations is not necessary.

(m) Late Application for Existing Cabins

Comment: The requirement that claimants who fail to meet

application deadlines for ``existing'' cabins (within one year from the

date these regulations are published) will only be allowed to apply for

``new'' cabins, no matter when the cabin was built or first used should

be deleted.

Response: The regulations provide a one year application period

following the effective date of the regulations. The Service believes

that the deadline is reasonable since regulations requiring the permits

have been in place since 1981 and considerable time and effort has been

expended in notifying cabin occupants.

(n) Other Related Structures

Comment: The definition of ``other related structures'' should be

revised to clarify that the term only includes those structures in the

vicinity and directly related to the operation of a cabin. The

commenter also requested clarification that temporary facilities may

also occur under other regulations unrelated to the cabin regulations.

Response: The Service believes that the context of the definition

makes it clear that the other related structures only include those

associated with cabins. A statement that temporary facilities may be

authorized under other regulations is irrelevant to the cabin

regulations.

We appreciate these comments; however, as noted, the Service did

not make substantive changes to reflect such requests for revisions for

the reasons stated above.

The following is a section by section analysis of all substantive

changes that the Service made in the final rule.

Analysis of Changes Made to the Proposed Rule

Section 36.33(a) Definitions

A definition for commercial cabin was included in this section for

clarification purposes. The definition of immediate family was revised

in response to two public comments. The definition of guest was revised

in response to one public comment. A definition for the term private

recreational use was included in this section in response to one public

comment. The definition of trespass cabin was deleted, in response to

one comment which pointed out that the term was not used in the

regulations other than as a definition.

Section 36.33(b) All cabins.

A clarification was made that the regulations only apply on public

lands within refuges and do not apply to temporary facilities in

response to one comment. Descriptions of the terms ``adequate notice''

for unclaimed cabins and ``administrative process'' for permit

revocation were included in response to one comment.

Section 36.33(c) Existing cabins.

A provision was included in paragraph (1) regarding the privileges

and rights of existing cabin users in response to one comment. The

period for applications for permits for existing cabins which are not

currently under a valid permit was revised from 90 days to one year

following the effective date of these regulations. This was done in

response to two comments. Vandalism was included in paragraph (5) as a

cause to reconstruct existing cabins in response to one comment.

Section 36.33(d) New cabins.

The sentence, ``The activity must be traditional and customary for

the applicant and the area, and the need for a cabin must be clearly

proven.'' was deleted from the language of paragraph 1 in response to

two public comments.

Section 36.33(e) Commercial cabins.

Clients were added to the list of persons that can occupy

commercial cabins in response to one comment.

Conformance With Statutory and Regulatory Authorities

The impact of these regulations on subsistence uses has been

evaluated as required by Section 810 of ANILCA. Subsistence use and

access are expected to differ little from existing use. The regulations

are consistent with the purposes and intent of Section 810 and will

result in no significant restrictions on subsistence activities.

Properly regulated and managed cabin use is consistent with the

purposes for which the various refuges in Alaska were established.

National Environmental Policy Act Compliance

The promulgation of these cabin management regulations would

generally maintain the status quo existing under the current rules.

Additionally, changes in environmental effects would be negligible.

Therefore the implementation of regulations relative to cabin

management on refuges in Alaska is determined to be a categorical

exclusion as detailed in the Department of Interior Manual (516 DM 6,

Appendix 1). An Environmental Action Memorandum documenting this

decision was signed on June 7, 1990.

Paperwork Reduction Act

The collections of information contained in Section 36.33 have been

approved by the Office of Management and Budget for approval as

required by 44 U.S.C. 3501 et seq. and assigned clearance number 1018-

0077.

Economic Effects

This rulemaking was not subject to Office of Management and Budget

review under Executive Order 12866. A review under the Regulatory

Flexibility Act of 1980 (5 U.S.C. 601 et seq.) has been done to

determine whether the rulemaking would have a significant effect on a

substantial number of small entities, which include businesses,

organizations or governmental jurisdictions. This rulemaking would have

no significant effect on such entities as, in most cases, this merely

continues pre-existing uses of public lands.

Technical Amendment

Section 36.3 Information Collection refers to Sec. 36.21(f) with

respect to receiving a benefit. This section has previously been

removed; therefore, this rulemaking will revise Section 36.3 to remove

all reference to that section.

Primary Author

Daryle Lons, Refuges and Wildlife, Alaska Regional Office, U.S.

Fish and Wildlife Service, Anchorage, Alaska, is the primary author of

this rulemaking document.

List of Subjects in 50 CFR Part 36

Alaska, Recreation and recreation areas, Reporting and

recordkeeping requirements, Wildlife refuges.

For the reasons set out in the preamble, Part 36 of Title 50 of the

Code of Federal Regulations (CFR) is amended as follows:

PART 36--[AMENDED]

1. The authority citation for Part 36 continues to read as follows:

Authority: 16 U.S.C 460(k) et seq., 668dd et seq., 742(a) et

seq., 3101 et seq., and 44 U.S.C. 3501 et seq.

2. Section 36.3 is revised to read as follows:

Sec. 36.3 Information collection.

The information collection requirements contained in this part have

been approved by the Office of Management and Budget under 44 U.S.C. et

seq. and assigned clearance number 1018-0077. The information is being

collected to assist the Service in administering these programs and,

particularly, in the issuance of permits and the granting of statutory

or administrative benefits. The information requested in the

application form is required to obtain a benefit. The public reporting

burden for this collection of information is estimated to average 1.5

hours per response, including the time for reviewing instructions,

searching existing data sources, gathering and maintaining data needed,

and completing and reviewing the collection of information. Send

comments regarding this burden estimate or any other aspect of this

collection of information, including suggestions for reducing the

burden, to Information Collection Clearance Officer, MS 224 ARLSQ, U.S.

Fish and Wildlife Service, Department of the Interior, Washington, DC

20240; and the Office of Management and Budget, Paperwork Reduction

Project (1018-0077), Washington, DC 20530.

3. Section 36.33 is revised to read as follows:

Sec. 36.33 Cabins and other related structures.

(a) Definitions. As used in this section, the term:

(1) Administrative cabin shall mean any cabin only used by refuge

or other authorized personnel for the administration of the refuge.

(2) Cabin shall mean a small, usually single-story, three or more

sided structure that is permanently and completely enclosed with a roof

and walls. The roof and walls are not fabric, cannot be easily

disassembled, and are not removed seasonally.

(3) Commercial cabin shall mean any cabin which is used in

association with a commercial operation including but not limited to

commercial fishing activities and recreational guiding services.

(4) Existing cabin shall mean any cabin situated on Federal lands

before December 2, 1980. A cabin legally situated on lands that

subsequently become refuge will also be considered an ``existing''

cabin providing the applicant meets the appropriate application

deadlines.

(5) Family shall include the spouse (including what is known as a

common-law relationship), children by birth or adoption, and other

blood relatives within the second degree of kindred.

(6) Guest shall mean a person who occasionally visits the permittee

in the cabin. This term does not include clients using commercial

cabins.

(7) Immediate family shall include the spouse and children, either

by birth or adoption, of the claimant residing in the cabin or

structure.

(8) New cabin shall mean any permitted cabin constructed on refuge

lands after December 2, 1980. This may also include a cabin whose

claimant failed to meet the application deadline for existing cabins

but is otherwise a permitted cabin.

(9) Other related structures shall mean those structures or devices

essential to the activities for which the cabin special use permit is

issued. This includes but is not limited to outdoor toilets, food

caches, storage sheds, and fish drying racks.

(10) Private recreational use shall mean a use associated with

leisure activities, not including bona fide subsistence uses or

authorized commercial uses.

(11) Public use cabin shall mean a cabin owned and administered by

the Fish and Wildlife Service and available for use by the public.

(b) All cabins. The regulations in this paragraph (b) shall apply

to all cabins, claimants, occupants, and guests. The regulations in

this paragraph (b) do not apply to temporary facilities: any structure

or man-made improvement which can readily be completely dismantled and

removed from the site when the period of authorized use is terminated.

(1) A special use permit is required to construct, use and/or

occupy a cabin on Fish and Wildlife Service lands within the refuge.

The permit may also authorize the use of related structures and other

necessary appurtenances.

(2) After adequate public notice has been given, unclaimed cabins

become the property of the Federal Government. Adequate public notice

shall include: Posting notices of trespass on unclaimed cabins;

publication of notices of trespass in Anchorage and Fairbanks

newspapers and in at least one local newspaper if available; and

posting notices of trespass at appropriate community post offices. A

Government-owned cabin may be used for refuge administration, used for

emergency purposes by the public, permitted to another applicant,

designated a public use cabin, or destroyed. Disposal of excess cabins

and structures will be according to regulations pursuant to Title 41,

Chapter 114 of the Code of Federal Regulations.

(3) Willful noncompliance with the conditions and stipulations of a

special use permit shall be considered grounds to invoke the

administrative process leading to notice and hearing, and possible

revocation of the permit. The refuge manager will attempt to resolve

problems of noncompliance with the permittee as soon as possible after

the situation becomes known. If this effort fails, the refuge manager

shall provide written notice to the permittee within 30 days of that

date, informing the permittee of noncompliance, giving specific

instructions for compliance and providing appropriate time for the

permittee to comply.

(4) No special use permit will be issued for the construction of a

cabin for private recreational use or for the private recreational use

of an existing cabin.

(5) Guests are allowed to occupy a cabin only during the activity

period identified on the special use permit. Guests occupying a cabin

during the absence of the permittee shall obtain a letter of

authorization from the permittee. The guest must have a copy of the

letter in his/her possession. In commercial cabins, the permittee or

another person listed on the permit must be present when the cabin is

occupied by guests or clients.

(6) A person whose permit application (new or renewal) for a cabin

has been denied or whose cabin permit has been revoked by the refuge

manager may appeal to the Regional Director as described in

Sec. 36.41(b).

(c) Existing cabins. In addition to paragraph (b) of this section,

the regulations in this paragraph (c) shall apply to all existing

cabins, claimants, occupants, and guests.

(1) Where a valid cabin permit or lease was in effect on December

2, 1980, or at the time the land was subsequently added to the refuge,

the refuge manager shall provide for the continuation of the permit or

lease under the same conditions. The new permit shall be

nontransferable and renewable every five years unless the continuation

would directly threaten or significantly impair the purposes for which

the refuge was established. The cabin and related structures are the

personal property of the claimant and can be removed by him/her upon

non-renewal or revocation. The owner of a cabin may sell his/her

interest in the cabin to another person; however, the new owner does

not automatically qualify for a permit and must apply for a new one.

(2) To obtain a special use permit for a cabin that was not under

permit or lease before December 2, 1980, or at the time the land was

subsequently added to the refuge, a claimant should submit to the

refuge manager an application that includes the following:

(i) Reasonable proof of possessory interest or right to occupy the

cabin as shown by affidavit, bill of sale, or other document.

(ii) Date of construction or acquisition.

(iii) A sketch or photograph that accurately depicts the cabin and

related structures.

(iv) The dimensions of the cabin and related structures.

(v) A U.S. Geological Survey topographic map that shows the

geographic location of the cabin and related structures.

(vi) The claimant's agreement to vacate and remove all personal

property from the cabin and related structures within one year from

receipt of a non-renewal or revocation notice.

(vii) The claimant's acknowledgment that he/she has no legal

interest in the real property on which the cabin and related structures

are located.

(viii) A list of family members residing with the claimant in the

cabin being applied for. It need only include those immediate family

members who may be eligible to renew a permit for continued use and

occupancy upon the original claimant's death (this is not applicable to

cabins used for commercial purposes).

(3) Applications for permits for existing cabins, which are not

currently under valid permits, will only be accepted for a period of

one year following the effective date of these regulations. However,

cabins that were legally located on lands that subsequently become

refuge will also be considered ``existing'' cabins. The owners will

have two years following the date the lands become refuge to apply for

a permit. Following those dates, all applications for cabins will be

for ``new'' cabins only, no matter when the cabin was built or first

used. If ownership is not established within three years after the land

becomes refuge, the cabin may be considered abandoned, and it will

become Federal property in accordance with Federal regulations.

(4) The occupancy of a noncommercial cabin is limited to the

permittee and his/her family, bona fide partners, and guests.

(5) Major modification or rehabilitation of an existing cabin must

be approved by the refuge manager before construction begins. The

modifications will be done by the permittee or designated agent and

will remain the property of the permittee. Major additions (e.g.,

larger than the original cabin) may fall under the ownership provisions

for new cabins. Although cabins destroyed by accidents, vandalism or

natural causes may be reconstructed, they must be approved by the

refuge manager before construction and must meet the construction

guidelines for new cabins, even though remaining the property of the

claimant.

(d) New cabins. In addition to paragraph (b) of this section, the

regulations in this paragraph (d) shall apply to all new cabins,

claimants, occupants, and guests.

(1) A nontransferable, five year special use permit shall only be

issued upon a determination that the proposed construction, use and

maintenance of the cabin is compatible with refuge purposes and that

the cabin use is either directly related to refuge administration or is

needed for continuation of an ongoing activity or use otherwise allowed

within the refuge where the applicant lacks a reasonable off-refuge

site. In addition, these activities must have historically been

supported by the construction and use of cabins in the geographic area.

In general, new cabin permits will be given only to local residents to

pursue a legitimate subsistence activity. In determining whether to

permit the construction, use, and occupancy of cabins or other

structures, the refuge manager shall be guided by factors such as other

public uses, public health and safety, environmental and resource

protection, research activities, protection of historic or scientific

values, subsistence uses, endangered or threatened species conservation

and other management considerations necessary to ensure that the

activities authorized pursuant to a permit are compatible with the

purposes for which the refuge was established.

(2) To obtain a special use permit for a new cabin, an applicant

should submit to the refuge manager an application that includes the

following:

(i) A sketch that accurately depicts the proposed cabin and related

structures.

(ii) The dimensions of the proposed cabin and related structures.

(iii) A U.S. Geological Survey topographic map that shows the

geographic location of the proposed cabin and related structures.

(iv) The applicant's agreement to vacate and remove all personal

property from the cabin and related structures within one year from

receipt of a non-renewal or revocation notice.

(v) The applicant's acknowledgment that he/she has no legal

interest in the cabin and related structures or in the real property on

which the cabin and related structures are located.

(vi) A list of family members residing with the applicant in the

cabin being applied for. It need only include those immediate family

members who may be eligible to renew a permit for continued use and

occupancy upon the original claimant's death.

(3) The permitting instrument shall be a nontransferable renewable

five year special use permit. It shall be renewed every five years

(upon request) until the death of the original claimant's last

immediate family member unless the special use permit has been revoked

or the cabin has been abandoned.

(4) No new cabins will be constructed in designated wilderness

areas unless they are built specifically for the administration of the

area, for public safety, or for trapping where trapping has been a

traditional and customary use.

(5) New trapping cabins in wilderness will be available for public

use to ensure public health and safety.

(6) The occupancy of a noncommercial cabin is limited to the

permittee, and his/her family, bona fide partners, and guests.

(e) Commercial cabins. In addition to paragraph (b) of this

section, the regulations in this paragraph (e) shall apply to all

commercial cabins, permittees, clients, guests, and occupants.

(1) A special use permit is required for all cabins used for

commercial purposes. Refuge managers may also issue special use permits

that authorize additional commercial use of an existing cabin used for

guiding, etc. The use of a new cabin shall be limited to the type of

use specified in the original permit. The refuge manager may permit the

use of an existing cabin on non-wilderness refuge lands for the

exercise of valid commercial fishing rights. Such a permit may be

denied if, after conducting a public hearing in the affected locality,

it is found that the use is inconsistent with refuge purposes and is a

significant expansion of commercial fishing activities within the unit

beyond 1979 levels.

(2) When the commercial fishing or guiding rights associated with a

permittee's existing cabin are acquired by a new party, the privilege

of using the cabin cannot be sold and the new party does not

necessarily qualify for a cabin permit. He/she must apply for a permit

and meet the criteria described in this paragraph (e) before issuance

of a special use permit by the refuge manager. He/she may not occupy

the cabin before issuance of a permit.

(3) No new commercial cabins will be permitted in wilderness areas.

(4) Commercial cabins may be occupied only by persons legitimately

involved in the commercial enterprise, assistants, employees, their

families, guests and clients and only during the time that the

authorized activity is occurring. The names of those individuals,

excluding guests and clients, will be listed on the permit. The

permittee or another individual listed on the permit must be present

when the cabin is occupied.

(5) Special use permits for commercial cabins may be renewed

annually in conjunction with the special use permit renewal for the

commercial activity itself. The cabin permit may be issued for periods

of up to five years and is a separate permit from one issued for the

commercial activity.

(f) Administrative and government-owned public use cabins. In

addition to paragraph (a) of this section, the regulations in this

paragraph (f) apply to all administrative and government-owned cabins.

(1) The refuge manager can designate those cabins not under permit

as administrative cabins to be used for official government business.

Administrative cabins may be used by the public during life-threatening

emergencies. On a case-by-case basis, they may also be designated as

public use cabins when not needed for government purposes. In such

cases, the refuge manager must inform the public and post dates or

seasons when the cabins are available.

(2) The refuge manager may designate government-owned cabins as

public use cabins. They are only intended for short-term public

recreational use and occupancy. The refuge manager may develop an

allocation system for managing public use cabins for short-term

recreational use. No existing public use cabins shall be removed or new

public use cabins constructed within wilderness areas designated by the

Alaska National Interest Lands Conservation Act of 1980 or subsequently

designated wilderness areas until the Secretary of the Interior

notifies the House Committee on Interior and Insular Affairs and the

Senate Committee on Energy and Natural Resources.

Dated: February 11, 1994.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 94-18175 Filed 7-26-94; 8:45 am]

BILLING CODE 4310-55-P