
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
