§ 3193. — Use of cabins and other sites of occupancy on conservation system units.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3193]
TITLE 16--CONSERVATION
CHAPTER 51--ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER VI--ADMINISTRATIVE PROVISIONS
Sec. 3193. Use of cabins and other sites of occupancy on
conservation system units
(a) Improved property on National Park System lands
(1) On public lands within the boundaries of any unit of the
National Park System created or enlarged by this Act, cabins or other
structures existing prior to December 18, 1973, may be occupied and used
by the claimant to these structures pursuant to a renewable,
nontransferable permit. Such use and occupancy shall be for terms of
five years each: Provided, That the claimant of the structure by
application:
(A) Reasonably demonstrates by affidavit, bill of sale or other
documentation, proof of possessory interest or right of occupancy in
the cabin or structure;
(B) Submits a sketch or photograph of the cabin or structure and
a map showing its geographic location;
(C) Agrees to vacate the cabin and to remove all personal
property from the cabin or structure upon expiration of the permit;
and
(D) Acknowledges in the permit that the applicant has no
interest in the real property on which the cabin or structure is
located.
(2) On public lands within the boundaries of any unit of the
National Park System created or enlarged by this Act, cabins or other
structures, the occupancy or use of which commenced between December 18,
1973, and December 1, 1978, may be used and occupied by the claimant of
such structure pursuant to a nontransferable, nonrenewable permit. Such
use and occupancy shall be for a maximum term of one year: Provided,
however, That the claimant, by application:
(A) Reasonably demonstrates by affidavit, bill of sale, or other
documentation, proof of possessory interest or right of occupancy in
the cabin or structure;
(B) Submits a sketch or photograph of the cabin or structure and
a map showing its geographic location;
(C) Agrees to vacate the cabin or structure and to remove all
personal property from it upon expiration of the permit; and
(D) Acknowledges in the permit that the applicant has no legal
interest in the real property on which the cabin or structure is
located.
The Secretary may, on a case by case basis, subject to reasonable
regulations, extend such permit term beyond one year for such reasons as
the Secretary deems equitable and just.
(3) Cabins or other structure not under permit as specified herein
shall be used only for official government business: Provided however,
That during emergencies involving the safety of human life or where
designated for public use by the Secretary, these cabins may be used by
the general public.
(4) The Secretary may issue a permit under such conditions as he may
prescribe for the temporary use, occupancy, construction and maintenance
of new cabins or other structures if he determines that the use is
necessary to reasonably accommodate subsistence uses or is otherwise
authorized by law.
(b) Improved property on other units or areas established or expanded by
this Act
The following conditions shall apply regarding the construction, use
and occupancy of cabins and related structures on Federal lands within
conservation system units or areas not provided for in subsection (a) of
this section:
(1) The construction of new cabins is prohibited except as may
be authorized pursuant to a nontransferable, five-year special use
permit issued by the Secretary. Such special use permit shall only
be issued upon a determination that the proposed use, construction,
and maintenance of a cabin is compatible with the purposes for which
the unit or area was established and that the use of the cabin is
either directly related to the administration of the unit or area or
is necessary to provide for a continuation of an ongoing activity or
use otherwise allowed within the unit or area where the permit
applicant has no reasonable alternative site for constructing a
cabin. No special use permit shall be issued to authorize the
construction of a cabin for private recreational use.
(2) Traditional and customary uses of existing cabins and
related structures on Federal lands within a unit or area may be
allowed to continue in accordance with a nontransferable, renewable
five-year special use permit issued by the Secretary. Such special
use permit shall be issued only upon a determination that the
traditional and customary uses are compatible with the purposes for
which the unit or area was established. No special use permits shall
be issued to authorize the use of an existing cabin constructed for
private recreational use.
(3) No special use permit shall be issued under paragraphs (1)
or (2) of this subsection unless the permit applicant:
(A) In the case of existing cabins or structures, reasonably
demonstrates by affidavit, bill of sale or other documentation,
proof of possessory interests or right of occupancy in the cabin
or structure;
(B) Submits a sketch or photograph of the existing or
proposed cabin or structure and a map showing its geographic
location;
(C) Agrees to vacate the cabin or structure and to remove
within a reasonable time period established by the Secretary,
all personal property from it upon nonrenewal or revocation of
the permit; and
(D) Acknowledges in the permit application that the
applicant has no interest in the real property on which the
cabin or structure is located or will be constructed.
(4) The United States shall retain ownership of all new cabins
and related structures on Federal lands within a unit or area
specified in this subsection, and no proprietary rights or
privileges shall be conveyed through the issuance of the special use
permit authorized by paragraphs (1) or (2) of this subsection.
Cabins or other structures not under permit shall be used only for
official Government business: Provided, however, That during
emergencies involving the safety of human life or where designated
for public use by the unit or area manager, such cabins may be used
by the general public.
(c) Permits to be renewed for life of claimant and immediate family
(1) Whenever issuance of a nontransferable renewable five-year
special use permit is authorized by subsections (a) or (b) of this
section, said permit shall be renewed every five years until the death
of the last immediate family member of the claimant residing in the
cabin or structure, or unless the Secretary has revoked the special use
permit in accordance with the criteria established in this section.
(2) Notwithstanding any other provision of this section, the
Secretary, after notice and hearing, may revoke a permit provided for in
this section if he determines, on the basis of substantial evidence in
the administrative record as a whole, that the use under the permit is
causing or may cause significant detriment to the principal purposes for
which the unit was established.
(d) Existing cabin leases or permits
Nothing in this Act shall preclude the renewal or continuation of
valid leases or permits in effect on December 2, 1980, for cabins,
homesites, or similar structures on Federal lands. Unless the Secretary,
or in the case of national forest lands, the Secretary of Agriculture,
issues specific findings following notice and an opportunity for the
lease-holder or permittee to respond, that renewal or continuation of
such valid permit or lease constitutes a direct threat to or a
significant impairment to the purposes for which a conservation system
unit was established (in the case of a structure located within a
conservation system unit) or the public domain or national forest (in
case of a structure located outside conservation system units), he shall
renew such valid leases or permits upon their expiration in accordance
with the provisions of the original lease or permit, subject to such
reasonable regulations as he may prescribe. Subject to the provisions of
the original lease or permit, nothing in this Act or subsection shall
necessarily preclude the appropriate Secretary from transferring such a
lease or permit to another person at the election or death of the
original permittee or leasee.
(Pub. L. 96-487, title XIII, Sec. 1303, Dec. 2, 1980, 94 Stat. 2476.)
References in Text
This Act, referred to in subsecs. (a)(1), (2), (b), and (d), is Pub.
L. 96-487, Dec. 2, 1980, 94 Stat. 2371, as amended, known as the Alaska
National Interest Lands Conservation Act. For complete classification of
this Act to the Code, see Short Title note set out under section 3101 of
this title and Tables.
Section Referred to in Other Sections
This section is referred to in section 6211 of this title.
