of areas of the National Wildlife Refuge System.

§ 34.2 Authority.

(a) The Act of August 30, 1964 (78 Stat. 701, 16 U.S.C. 714s) amended section 401 of the Act of June 15, 1935 (45 Stat. 378, 383), by providing new formulas for sharing with certain counties the revenues derived from areas of the National Wildlife Refuge System that are solely or primarily administered by the Fish and Wildlife Service of the Department of the Interior. Payments to the counties under the Act must be used for the benefit of public schools and roads.

(b) Pursuant to Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 2000d), and the regulations issued pursuant thereto, which are contained in 43 CFR Part 17, counties must file an assurance with the Department, comply with the terms of the assurances, and comply with regulations contained in 43 CFR Part 17 in order to continue to receive this Federal financial assurance.

§ 34.3 Areas of the System.

In order for any county to share in the revenues, there must be located within the county, areas of land and/ or water administered by the Secretary of the Interior as wildlife refuges, wildlife ranges, game ranges, wildlife management areas, or waterfowl production areas, and these areas must be solely or primarily administered by the Fish and Wildlife Service.

§ 34.4 Distribution of revenues.

The Act provides that the Secretary of the Interior, at the end of each fiscal year, shall pay out of the net revenues deposited into the National Wildlife Refuge Fund for such fiscal year:

(a) To each county in which reserved public lands in areas of the System are situated, an amount equal to 25 per centum of the net receipts collected by the Secretary from such reserved public lands in that particular area of the System: Provided, That when any such area is situated in more than one county the distributive share to each county from the aforesaid receipts

shall be proportional to its acreage of such public lands therein; and

(b) To each county in which areas in the System are situated that have been acquired in fee by the United States, either (1) three-fourths of one per centum of the cost of the areas, exclusive of any improvements to such areas made subsequent to Federal acqusition, such cost to be adjusted to represent current values as determined by the Secretary for the first full fiscal year after enactment of this Act and as redetermined by him at 5year intervals thereafter, or (2) 25 per centum of the net receipts collected by the Secretary from such acquired lands in that particular area of the System within such counties, whichever is greater.

§ 34.5 Adjustment of land costs.

(a) Section 401(c)(2) of the Act (16 U.S.C. 715s(c)(2)), provides for the adjustment of costs of acquired lands to represent current values with readjustments at 5-year intervals. The costs of all tracts acquired in each year for each county will be adjusted every 5 years to reflect increases or decreases in land costs. The cost of the land is adjusted according to Tables of Index Numbers of Average Values of Farm Real Estate compiled by the Economic Research Service of the U.S. Department of Agriculture as published in its semiannual "Farm Real Estate Market Development.” All land costs will be adjusted as of June 30, 1966, and at each 5-year interval thereafter.

(b) The "cost" of lands before adjustment is the purchase price; condemnation award; or the appraised value of areas acquired by gift, donation or exchange as of the date of acquisition.

§ 34.6 Administrative determinations.

(a) When an area consists of both acquired lands and reserved public lands, standard accounting techniques will be used to allocate net revenues to each type of land. All areas which are part of the System as of June 30 will be included in calculating the revenues due to each county for the fiscal year ending that date.

(b) The Secretary will determine in accordance with section 401(b) (16 U.S.C. 715s(b)) those expenses which may be paid from the Fund and deducted from revenues in establishing the net receipts for an area.

§ 34.7 Adjustment of payment.

The payments to the counties for any fiscal year shall not exceed the net receipts in the National Wildlife Refuge Fund for that fiscal year, and in case the net receipts for a particular fiscal year are insufficient to pay the full amounts due, the payment to each county will be reduced proportionately.

Service as national wildlife refuges, wildlife ranges, game ranges, wildlife management areas, waterfowl production areas, and areas for the protection and conservation of fish and wildlife which are threatened with extinction.

"National Wilderness Preservation System" means the units designated as wilderness by the Congress under the provisions of the Wilderness Act (supra).

"Wilderness Units" shall mean areas in the National Wildlife Refuge System that have been designated by Act of Congress as units of the National Wilderness Preservation System.

"Secretary" means the Secretary of the Interior.

"Director" means the Director of the U.S. Fish and Wildlife Service.

§ 35.2 Objectives.

(a) Units of the National Wildlife Refuge System have been established by divers legal means and are administered for a variety of wildlife program purposes. The establishment of each wilderness unit is within and supplemental to the purposes for which a specific unit of the National Wildlife Refuge System was established and is administered. Each wilderness shall be administered for such other purposes for which the national wildlife refuge was established and shall be also administered to preserve its wilderness character.

(b) Except as otherwise provided by law, wilderness areas shall be devoted to the public purposes of recreational, scenic, scientific, educational, conservation, and historical use and shall be administered in such a manner as will leave them unimpaired for future use and enjoyment as wilderness.

§ 35.3 General regulations.

Rules and regulations governing administration of the National Wildlife Refuge System will apply to wilderness units where said rules and regulations do not conflict with provisions of the Wilderness Act or Act of Congress which establishes the wilderness unit.

§ 35.4 Appropriations and personnel.

No appropriation shall be made available for the payment of expenses or salaries for the administration of a wilderness unit as a separate entity nor shall any appropriation be made available for additional personnel solely for the purpose of managing or administering areas because they are included within the National Wilderness Preservation System.

roads,

§ 35.5 Commercial enterprises, motor vehicles, motorized equipment, motorboats, aircraft, mechanical transport, structures, and installations. Except as specifically provided and subject to existing private rights, there shall be no commercial enterprise and no permanent road within a wilderness unit, and except as necessary to meet minimum requirements for the administration of the area (including measures required in emergencies involving the health and safety of persons within the area), there shall be no temporary road, no use of motor vehicles, motorized equipment or motorboats, no landing of aircraft, no other form of mechanized transport, and no structure or installation within any such area.

(a) The Director may authorize occupancy and use of a national wildlife refuge by officers, employees, agencies, and agents of Federal, State, and county governments to carry out the purposes of the Wilderness Act and the Act establishing the wilderness and will prescribe conditions under which motorized equipment, mechanical transport, aircraft, motorboats, installations, or structures may be used to meet the minimum requirements for authorized activities to protect and administer the wilderness. The Director may also prescribe the conditions under which such equipment, transport, aircraft, installations, or structures may be used in emergencies involving the health and safety of persons, damage to property, violations of civil and criminal law, or other purposes.

(b) The Director may permit, subject to such restrictions as he deems desirable, the landing of aircraft and the use of motorized equipment at places

within a wilderness where such uses were established prior to the date the wilderness was designated by Act of Congress as a unit of the National Wilderness Preservation System.

§ 35.6 Public use.

Public uses of a wilderness unit will be in accordance with the purposes for which the individual national wildlife refuge was established and is administered and laws and regulations governing public uses within the National Wildlife Refuge System.

(a) When public uses are authorized within a wilderness unit, the Refuge Manager may regulate such use. Regulating will include limiting the numbers of persons allowed in the wilderness at a given time, imposing restrictions on time, seasons, kinds and location of public uses, requiring a permit or reservation to visit the area, and similar actions.

(b) All persons entering a wilderness unit will be required to remove such materials as they carry in.

(c) Informational signs for the convenience of visitors will not be permitted in a wilderness unit; however, rustic directional signs for vistor safety may be installed in locations appropriate to a wilderness setting.

(d) Limited public use facilities and improvements may be provided as necessary for the protection of the refuge and wilderness and for public safety. Facilities and improvements will not be provided for the comfort and convenience of wilderness visitors.

(e) Public services and temporary structures generally offered by packers, outfitters, and guides for realizing the recreational or other wilderness purposes of a wilderness may be permitted. Temporary installations and structures which existed for these subsistence purposes under valid special use permit or easement when the wilderness was established may be continued if their use is necessary to administer the refuge for the purposes for which it was established and for wilderness purposes. The number, nature, and extent of such temporary structures and services will be controlled through regulations and special use permits issued by the Refuge Manager

so as to provide maximum protection of wilderness resources and values.

(f) Hunting and fishing in a refuge wilderness will be in accordance with Federal and State regulations including special regulations for the specific wildlife refuge. Hunting or fishing which requires motorized equipment will not be permitted except as provided in § 35.5(a) and (b).

§ 35.7 Control of wildfires, insects, pest plants, and disease.

To the extent necessary, the Director shall prescribe measures to control wildfires, insects, pest plants, and disease to prevent unacceptable loss of wilderness resources and values, loss of life, and damage to property.

§ 35.8 Forest management.

Forest management activities in a wilderness unit will be directed toward allowing natural ecological processes to operate freely. Commercial harvesting of timber shall not be permitted except where necessary to control attacks of insects or disease as prescribed in § 35.7.

§ 35.9 Livestock grazing.

(a) The grazing of livestock, where established prior to the date of legislation which designates a wilderness unit, may be permitted to continue subject to Part 29 of this subchapter and in accordance with special provisions which may be prescribed for individual units. Numbers of permitted livestock will not be more liberal than those utilizing a wilderness prior to establishment and may be more restrictive.

(b) The Director may permit, subject to such conditions as he deems necessary, the maintenance, reconstruction or relocation of only those livestock management improvements and structures which existed within a wilderness unit when it was incorporated into the National Wilderness Preservation System.

§ 35.10 Controlled burning.

Controlled burning will be permitted on wilderness units when such burning will contribute to the maintenance of the wilderness resource and values in