80 FR 68245 - Subsistence Management Regulations for Public Lands in Alaska; Rural Determinations, Nonrural List
DEPARTMENT OF AGRICULTURE
Forest Service
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 80, Issue 213 (November 4, 2015)
Forest Service
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Federal Register Volume 80, Issue 213 (November 4, 2015)
| Page Range | 68245-68248 | |
| FR Document | 2015-27996 |
[Federal Register Volume 80, Number 213 (Wednesday, November 4, 2015)] [Rules and Regulations] [Pages 68245-68248] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-27996] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Forest Service 36 CFR Part 242 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 100 [Docket No. FWS-R7-SM-2015-0156; FXRS12610700000-156-FF07J00000; FBMS#4500086366] RIN 1018-BA82 Subsistence Management Regulations for Public Lands in Alaska; Rural Determinations, Nonrural List AGENCY: Forest Service, Agriculture; Fish and Wildlife Service, Interior. ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: This rule revises the list of nonrural areas in Alaska identified by the Federal Subsistence Board (Board). Only residents of areas that are rural are eligible to participate in the Federal Subsistence Management Program on public lands in Alaska. Based on a Secretarial review of the rural determination process, and the subsequent change in the regulations governing this process, the Board is revising the current nonrural determinations to the list that existed prior to 2007. Accordingly, the community of Saxman and the area of Prudhoe Bay will be removed from the nonrural list. The following areas continue to be nonrural, but their boundaries will return to their original borders: the Kenai Area; the Wasilla/Palmer area; the Homer area; and the Ketchikan area. DATES: This rule is effective on December 21, 2015 unless we receive significant adverse comments on or before December 4, 2015. ADDRESSES: You may submit comments by one of the following methods:Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov and search for FWS-R7-SM-2015-0156, which is the docket number for this rulemaking. By hard copy: U.S. mail or hand-delivery to: USFWS, Office of Subsistence Management, 1011 East Tudor Road, MS 121, Attn: Theo Matuskowitz, Anchorage, AK 99503-6199 FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o U.S. Fish and Wildlife Service, Attention: Eugene R. Peltola, Jr., Office of Subsistence Management; (907) 786-3888 or [email protected]. For questions specific to National Forest System lands, contact Thomas Whitford, Regional Subsistence Program Leader, USDA, Forest Service, Alaska Region; (907) 743-9461 or [email protected]. SUPPLEMENTARY INFORMATION: Background Under Title VIII of the Alaska National Interest Lands Conservation Act (ANILCA) (16 U.S.C. 3111-3126), the Secretary of the Interior and the Secretary of Agriculture (Secretaries) jointly implement the Federal Subsistence Management Program (Program). This program provides a preference for take of fish and wildlife resources for subsistence uses on Federal public lands and waters in Alaska. Only residents of areas identified as rural are eligible to participate in the Program on Federal public lands in Alaska. Because this program is a joint effort between Interior and Agriculture, these regulations are located in two titles of the Code of Federal Regulations (CFR): Title 36, ``Parks, Forests, and Public Property,'' and Title 50, ``Wildlife and Fisheries,'' at 36 CFR 242.1-242.28 and 50 CFR 100.1-100.28, respectively. Consistent with these regulations, the Secretaries established a Federal Subsistence Board (Board) comprising Federal officials and public members to administer the Program. One of the Board's responsibilities is to determine which communities or areas of the State are rural or nonrural. The Secretaries also divided Alaska into 10 subsistence resource regions, each of which is represented by a Regional Advisory Council (Council). The Council members represent varied geographical, cultural, and user interests within each region. The Councils provide a forum for rural residents with personal knowledge of local conditions and resource requirements to have a [[Page 68246]] meaningful role in the subsistence management of fish and wildlife on Federal public lands in Alaska. Related Rulemaking Elsewhere in today's Federal Register is a final rule that sets forth a new process by which the Board will make rural determinations (``Subsistence Management Regulations for Public Lands in Alaska; Rural Determination Process''). Please see that rule for background information on how this new process was developed and the extensive Council and public input that was considered. A summary of that information follows: Until promulgation of the rule mentioned above, Federal subsistence regulations at 36 CFR 242.15 and 50 CFR 100.15 had required that the rural or nonrural status of communities or areas be reviewed every 10 years, beginning with the availability of the 2000 census data. Some data from the 2000 census was not compiled and available until 2005, so the Board published a proposed rule in 2006 to revise the list of nonrural areas recognized by the Board (71 FR 46416, August 14, 2006). The final rule published in the Federal Register on May 7, 2007 (72 FR 25688), and changed the rural determination for several communities or areas in Alaska. These communities had 5 years following the date of publication to come into compliance. The Board met on January 20, 2012, and, among other things, decided to extend the compliance date of its 2007 final rule on rural determinations. A final rule published March 1, 2012 (77 FR 12477), that extended the compliance date until either the rural determination process and findings review were completed or 5 years, whichever came first. The 2007 regulations have remained in titles 36 and 50 of the CFR unchanged since their effective date. The Board followed that action with a request for comments and announcement of public meetings (77 FR 77005; December 31, 2012) to receive public, Tribal, and Alaska Native Corporations input on the rural determination process. At their fall 2013 meetings, the Councils provided a public forum to hear from residents of their regions, deliberate on the rural determination process, and provide recommendations for changes to the Board. The Board also held hearings in Barrow, Ketchikan, Sitka, Kodiak, Bethel, Anchorage, Fairbanks, Kotzebue, Nome, and Dillingham to solicit comments on the rural determination process, and public testimony was recorded. Government- to-government tribal consultations on the rural determination process were held between members of the Board and Federally recognized Tribes of Alaska. Additional consultations were held between members of the Board and Alaska Native Corporations. Altogether, the Board received 475 substantive comments from various sources, including individuals, members of the Councils, and other entities or organizations, such as Alaska Native Corporations and borough governments. In general, this information indicated a broad dissatisfaction with the current rural determination process. Based on this information, the Board at their public meeting held on April 17, 2014, elected to recommend a simplification of the process by determining which areas or communities are nonrural in Alaska; all other communities or areas would, therefore, be rural. The Board would make nonrural determinations using a comprehensive approach that considers population size and density, economic indicators, military presence, industrial facilities, use of fish and wildlife, degree of remoteness and isolation, and any other relevant material, including information provided by the public. The Board would rely heavily on the recommendations of the Councils. The Board developed a proposal that simplifies the process of rural determinations and submitted its recommendation to the Secretaries on August 15, 2014. On November 24, 2014, the Secretaries requested that the Board initiate rulemaking to pursue the regulatory changes recommended by the Board. The Secretaries also requested that the Board obtain Council recommendations and public input, and conduct Tribal and Alaska Native Corporation consultation on the proposed changes. The Departments published a proposed rule on January 28, 2015 (80 FR 4521), to revise the regulations governing the rural determination process in subpart B of 36 CFR part 242 and 50 CFR part 100. Following a process that involved substantial Council and public input, the Departments published the final rule that may be found elsewhere in today's Federal Register. Direct Final Rule During that process, the Board went on to address a starting point for nonrural communities and areas. The May 7, 2007 (72 FR 25688), final rule was justified by the Board's January 3, 1991, notice (56 FR 236) adopting final rural and nonrural determinations and the final rule of May 7, 2002 (67 FR 30559), amending 36 CFR 242.23(a) and 50 CFR 100.23(a) to add the Kenai Peninsula communities (Kenai, Soldotna, Sterling, Nikiski, Salamatof, Kalifornsky, Kasilof, Clam Gulch, Anchor Point, Homer, Kachemak City, Fritz Creek, Moose Pass, and Seward) to the list of areas determined to be nonrural. The 2007 rule added the village of Saxman and the area of Prudhoe Bay to the nonrural list and expanded the nonrural boundaries of the Kenai Area; the Wasilla/Palmer area; the Homer area; and the Ketchikan Area. Since the 2007 final rule (72 FR 25688; May 7, 2007) was contentious, and so many comments were received objecting to the changes imposed by that rule, the Board has decided to return to the rural determinations prior to the 2007 final rule. The Board further decided that the most expedient method to enact their decisions was to publish this direct final rule adopting the pre-2007 nonrural determinations. As a result, the Board has determined the following areas to be nonrural: Fairbanks North Star Borough; Homer area-- including Homer, Anchor Point, Kachemak City, and Fritz Creek; Juneau area--including Juneau, West Juneau, and Douglas; Kenai area--including Kenai, Soldotna, Sterling, Nikiski, Salamatof, Kalifornsky, Kasilof, and Clam Gulch; Ketchikan area--including Ketchikan City, Clover Pass, North Tongass Highway, Ketchikan East, Mountain Point, Herring Cove, Saxman East, Pennock Island, and parts of Gravina Island; Municipality of Anchorage; Seward area--including Seward and Moose Pass, Valdez, and Wasilla area--including Palmer, Wasilla, Sutton, Big Lake, Houston, and Bodenberg Butte. These final regulations reflect Board review and consideration of Council recommendations, Tribal and Alaska Native Corporations government-to-government tribal consultations, and public comments. Based on concerns expressed by some of the Councils and members of the public, the Board went on to direct staff to develop options for the Board to consider and for presentation to the Councils, to address future nonrural determinations. These options will be presented to the Board and Chairs of each Council at the January 12, 2016, public meeting. We are publishing this rule without a prior proposal because we view this action as an administrative action by the Federal Subsistence Board. This rule will be effective, as specified above in DATES, unless we receive significant [[Page 68247]] adverse comments on or before the deadline set forth in DATES. Significant adverse comments are comments that provide strong justifications why the rule should not be adopted or for changing the rule. If we receive significant adverse comments, we will publish a notice in the Federal Register withdrawing this rule before the effective date. If no significant adverse comments are received, we will publish a document in the Federal Register confirming the effective date. Because this rule concerns public lands managed by an agency or agencies in both the Departments of Agriculture and the Interior, identical text will be incorporated into 36 CFR part 242 and 50 CFR part 100. Conformance With Statutory and Regulatory Authorities Administrative Procedure Act Compliance In compliance with Administrative Procedure Act, the Board has provided extensive opportunity for public input and involvement in its efforts to improve the rural determination process as described in the related final rule published elsewhere in today's Federal Register. In addition, anyone with concerns about this rulemaking action may submit comments as specified in DATES and ADDRESSES. National Environmental Policy Act Compliance A Draft Environmental Impact Statement that described four alternatives for developing a Federal Subsistence Management Program was distributed for public comment on October 7, 1991. The Final Environmental Impact Statement (FEIS) was published on February 28, 1992. The Record of Decision (ROD) on Subsistence Management for Federal Public Lands in Alaska was signed April 6, 1992. The selected alternative in the FEIS (Alternative IV) defined the administrative framework of an annual regulatory cycle for subsistence regulations. A 1997 environmental assessment dealt with the expansion of Federal jurisdiction over fisheries and is available at the office listed under FOR FURTHER INFORMATION CONTACT. The Secretary of the Interior, with concurrence of the Secretary of Agriculture, determined that expansion of Federal jurisdiction does not constitute a major Federal action significantly affecting the human environment and, therefore, signed a Finding of No Significant Impact. Section 810 of ANILCA An ANILCA section 810 analysis was completed as part of the FEIS process on the Federal Subsistence Management Program. The intent of all Federal subsistence regulations is to accord subsistence uses of fish and wildlife on public lands a priority over the taking of fish and wildlife on such lands for other purposes, unless restriction is necessary to conserve healthy fish and wildlife populations. The final section 810 analysis determination appeared in the April 6, 1992, ROD and concluded that the Program, under Alternative IV with an annual process for setting subsistence regulations, may have some local impacts on subsistence uses, but will not likely restrict subsistence uses significantly. During the subsequent environmental assessment process for extending fisheries jurisdiction, an evaluation of the effects of this rule was conducted in accordance with section 810. That evaluation also supported the Secretaries' determination that the rule will not reach the ``may significantly restrict'' threshold that would require notice and hearings under ANILCA section 810(a). Paperwork Reduction Act An agency may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid Office of Management and Budget (OMB) control number. This rule does not contain any new collections of information that require OMB approval. OMB has reviewed and approved the collections of information associated with the subsistence regulations at 36 CFR part 242 and 50 CFR part 100, and assigned OMB Control Number 1018-0075, which expires February 29, 2016. Regulatory Planning and Review (Executive Orders 12866 and 13563) Executive Order 12866 provides that the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget will review all significant rules. OIRA has determined that this rule is not significant. Executive Order 13563 reaffirms the principles of E.O. 12866 while calling for improvements in the nation's regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. The executive order directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. E.O. 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. We have developed this rule in a manner consistent with these requirements. Regulatory Flexibility Act The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) requires preparation of flexibility analyses for rules that will have a significant effect on a substantial number of small entities, which include small businesses, organizations, or governmental jurisdictions. In general, the resources to be harvested under this rule are already being harvested and consumed by the local harvester and do not result in an additional dollar benefit to the economy. However, we estimate that two million pounds of meat are harvested by subsistence users annually and, if given an estimated dollar value of $3.00 per pound, this amount would equate to about $6 million in food value Statewide. Based upon the amounts and values cited above, the Departments certify that this rulemaking will not have a significant economic effect on a substantial number of small entities within the meaning of the Regulatory Flexibility Act. Small Business Regulatory Enforcement Fairness Act Under the Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 801 et seq.), this rule is not a major rule. It does not have an effect on the economy of $100 million or more, will not cause a major increase in costs or prices for consumers, and does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. Executive Order 12630 Title VIII of ANILCA requires the Secretaries to administer a subsistence priority on public lands. The scope of this Program is limited by definition to certain public lands. Likewise, these regulations have no potential takings of private property implications as defined by Executive Order 12630. Unfunded Mandates Reform Act The Secretaries have determined and certify pursuant to the Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this rulemaking will not impose a cost of $100 million or more [[Page 68248]] in any given year on local or State governments or private entities. The implementation of this rule is by Federal agencies and there is no cost imposed on any State or local entities or tribal governments. Executive Order 12988 The Secretaries have determined that these regulations meet the applicable standards provided in sections 3(a) and 3(b)(2) of Executive Order 12988, regarding civil justice reform. Executive Order 13132 In accordance with Executive Order 13132, the rule does not have sufficient Federalism implications to warrant the preparation of a Federalism summary impact statement. Title VIII of ANILCA precludes the State from exercising subsistence management authority over fish and wildlife resources on Federal lands unless it meets certain requirements. Executive Order 13175 The Alaska National Interest Lands Conservation Act, Title VIII, does not provide specific rights to tribes for the subsistence taking of wildlife, fish, and shellfish. However, the Secretaries, through the Board, provided Federally recognized Tribes and Alaska Native corporations opportunities to consult on this rule. Consultation with Alaska Native corporations are based on Public Law 108-199, div. H, Sec. 161, Jan. 23, 2004, 118 Stat. 452, as amended by Public Law 108- 447, div. H, title V, Sec. 518, Dec. 8, 2004, 118 Stat. 3267, which provides that: ``The Director of the Office of Management and Budget and all Federal agencies shall hereafter consult with Alaska Native corporations on the same basis as Indian tribes under Executive Order No. 13175.'' The Secretaries, through the Board, provided a variety of opportunities for consultation on the rural determination process: commenting on changes under consideration for the existing regulations; engaging in dialogue at the Council meetings; engaging in dialogue at the Board's meetings; and providing input in person, by mail, email, or phone at any time during the rulemaking process. Since 2007 multiple opportunities were provided by the Board for Federally recognized Tribes and Alaska Native Corporations to consult on the subject of rural determinations. Federally recognized Tribes and Alaska Native Corporations were notified by mail and telephone and were given the opportunity to attend in person or via teleconference. Executive Order 13211 This Executive Order requires agencies to prepare Statements of Energy Effects when undertaking certain actions. However, this rule is not a significant regulatory action under E.O. 13211, affecting energy supply, distribution, or use, and no Statement of Energy Effects is required. Drafting Information Theo Matuskowitz drafted these regulations under the guidance of Eugene R. Peltola, Jr. of the Office of Subsistence Management, Alaska Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. Additional assistance was provided by Daniel Sharp, Alaska State Office, Bureau of Land Management; Mary McBurney, Alaska Regional Office, National Park Service; Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian Affairs; Trevor T. Fox, Alaska Regional Office, U.S. Fish and Wildlife Service; and Thomas Whitford, Alaska Regional Office, U.S. Forest Service. Authority This rule is issued under the authority of Title VIII of the Alaska National Interest Lands Conservation Act (ANILCA) (16 U.S.C. 3111- 3126). List of Subjects 36 CFR Part 242 Administrative practice and procedure, Alaska, Fish, National forests, Public lands, Reporting and recordkeeping requirements, Wildlife. 50 CFR Part 100 Administrative practice and procedure, Alaska, Fish, National forests, Public lands, Reporting and recordkeeping requirements, Wildlife. Regulation Promulgation For the reasons set out in the preamble, the Secretaries amend 36 CFR part 242 and 50 CFR part 100 as set forth below. PART--SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKA 0 1. The authority citation for both 36 CFR part 242 and 50 CFR part 100 continues to read as follows: Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101-3126; 18 U.S.C. 3551-3586; 43 U.S.C. 1733. Subpart C--Board Determinations 0 2. In subpart C of 36 CFR part 242 and 50 CFR part 100, Sec. _.23 is revised to read as follows: Sec. _.23 Rural determinations. (a) The Board has determined all communities and areas to be rural in accordance with Sec. __.15 except the following: Fairbanks North Star Borough; Homer area--including Homer, Anchor Point, Kachemak City, and Fritz Creek; Juneau area--including Juneau, West Juneau, and Douglas; Kenai area--including Kenai, Soldotna, Sterling, Nikiski, Salamatof, Kalifornsky, Kasilof, and Clam Gulch; Ketchikan area-- including Ketchikan City, Clover Pass, North Tongass Highway, Ketchikan East, Mountain Point, Herring Cove, Saxman East, Pennock Island, and parts of Gravina Island; Municipality of Anchorage; Seward area-- including Seward and Moose Pass, Valdez, and Wasilla/Palmer area-- including Wasilla, Palmer, Sutton, Big Lake, Houston, and Bodenberg Butte. (b) You may obtain maps delineating the boundaries of nonrural areas from the U.S. Fish and Wildlife Service at the Alaska Regional Office address provided at 50 CFR 2.2(g), or on the Web at https://www.doi.gov/subsistence. Dated: September 30, 2015. Eugene R. Peltola, Jr., Assistant Regional Director, U.S. Fish and Wildlife Service, Acting Chair, Federal Subsistence Board. Dated: September 30, 2015. Thomas Whitford, Subsistence Program Leader, USDA--Forest Service. [FR Doc. 2015-27996 Filed 10-30-15; 8:45 am] BILLING CODE 3410-11-4333-15-P
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Need for Correction 9. On page 45877, first column, under ADDRESSES: You may submit comments
As published, the final regulations paragraph heading ‘‘List of Subjects,’’ by one of the following methods:
(TD 9728) contain errors that may prove the fourth line, the language ‘‘26 CFR • Electronically: Go to the Federal
to be misleading and are in need of part 2’’ is corrected to read ‘‘26 CFR part eRulemaking Portal: http://
clarification. 602’’. www.regulations.gov and search for
10. On page 45883, third column, the FWS–R7–SM–2015–0156, which is the
Correction of Publication first line of the signature block, the docket number for this rulemaking.
Accordingly, the final regulations (TD language ‘‘Karen L. Schiller,’’ is • By hard copy: U.S. mail or hand-
9728), that are subject to FR Doc. 2015– corrected to read ‘‘Karen M. Schiller,’’. delivery to: USFWS, Office of
18816, are corrected as follows: Subsistence Management, 1011 East
Martin V. Franks,
1. On page 45866, in the preamble, Tudor Road, MS 121, Attn: Theo
third column, last sentence of first full Chief, Publications and Regulations Branch, Matuskowitz, Anchorage, AK 99503–
Legal Processing Division, Associate Chief 6199
paragraph, the language ‘‘rules, Counsel (Procedure and Administration).
including section 706(d)(2) and section FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2015–28014 Filed 11–3–15; 8:45 am]
706(d)(3).’’ is corrected to read ‘‘rules, Chair, Federal Subsistence Board, c/o
BILLING CODE 4830–01–P
including section 704(c), § 1.704–3(a)(6) U.S. Fish and Wildlife Service,
(reverse section 704(c)), section Attention: Eugene R. Peltola, Jr., Office
706(d)(2), and section 706(d)(3).’’ of Subsistence Management; (907) 786–
2. On page 45868, in the preamble, DEPARTMENT OF AGRICULTURE 3888 or subsistence@fws.gov. For
first column, fourth line from the questions specific to National Forest
bottom of the column, the language Forest Service
System lands, contact Thomas Whitford,
‘‘interim closings of its books except at’’ Regional Subsistence Program Leader,
is corrected to read ‘‘interim closing of 36 CFR Part 242
USDA, Forest Service, Alaska Region;
its books except at’’.
DEPARTMENT OF THE INTERIOR (907) 743–9461 or twhitford@fs.fed.us.
3. On page 45871, in the preamble,
second column, third line from the SUPPLEMENTARY INFORMATION:
bottom of the column, under paragraph Fish and Wildlife Service Background
heading ‘‘v. Deemed Timing of
Variations,’’ the language ‘‘taxable year 50 CFR Part 100 Under Title VIII of the Alaska
was deemed to close at the’’ is corrected National Interest Lands Conservation
to read ‘‘taxable year was deemed to [Docket No. FWS–R7–SM–2015–0156; Act (ANILCA) (16 U.S.C. 3111–3126),
occur at the’’.
FXRS12610700000–156–FF07J00000; the Secretary of the Interior and the
FBMS#4500086366] Secretary of Agriculture (Secretaries)
4. On page 45873, in the preamble,
third column, eighth line from the RIN 1018–BA82
jointly implement the Federal
bottom of the column, the language Subsistence Management Program
‘‘taxable as of which the recipients of a’’ Subsistence Management Regulations (Program). This program provides a
is corrected to read ‘‘taxable year as of for Public Lands in Alaska; Rural preference for take of fish and wildlife
which the recipients of a’’. Determinations, Nonrural List resources for subsistence uses on
5. On page 45874, second column, Federal public lands and waters in
eight lines from the bottom of the AGENCY: Forest Service, Agriculture; Alaska. Only residents of areas
column, the following sentence is added Fish and Wildlife Service, Interior. identified as rural are eligible to
to the end of the paragraph: ‘‘These final ACTION: Direct final rule. participate in the Program on Federal
regulations do not override the public lands in Alaska. Because this
application of section 704(c), including SUMMARY: This rule revises the list of program is a joint effort between Interior
reverse section 704(c), and therefore the nonrural areas in Alaska identified by and Agriculture, these regulations are
final regulations provide that the rules the Federal Subsistence Board (Board). located in two titles of the Code of
of section 706 do not apply in making Only residents of areas that are rural are Federal Regulations (CFR): Title 36,
allocations of book items upon a eligible to participate in the Federal ‘‘Parks, Forests, and Public Property,’’
partnership revaluation.’’ Subsistence Management Program on and Title 50, ‘‘Wildlife and Fisheries,’’
6. On page 45876, in the preamble, public lands in Alaska. Based on a at 36 CFR 242.1–242.28 and 50 CFR
second column, under paragraph Secretarial review of the rural 100.1–100.28, respectively.
heading ‘‘Effective/Applicability Dates’’, determination process, and the Consistent with these regulations, the
fifth line of the first paragraph, the subsequent change in the regulations Secretaries established a Federal
language ‘‘of a special rule applicable to governing this process, the Board is Subsistence Board (Board) comprising
§ 1.704–’’ is corrected to read ‘‘of a revising the current nonrural Federal officials and public members to
special rule applicable to § 1.706–’’. determinations to the list that existed administer the Program. One of the
7. On page 45876, in the preamble, prior to 2007. Accordingly, the Board’s responsibilities is to determine
second column, under paragraph community of Saxman and the area of which communities or areas of the State
heading ‘‘Effective/Applicability Dates’’, Prudhoe Bay will be removed from the are rural or nonrural. The Secretaries
third line of the second paragraph, the nonrural list. The following areas also divided Alaska into 10 subsistence
language ‘‘regulations apply to the continue to be nonrural, but their resource regions, each of which is
partnership’’ is corrected to read boundaries will return to their original represented by a Regional Advisory
borders: the Kenai Area; the Wasilla/ Council (Council). The Council
rmajette on DSK7SPTVN1PROD with RULES
‘‘regulations apply to partnership’’.
8. On page 45876, in the preamble, Palmer area; the Homer area; and the members represent varied geographical,
third column, fourth line from the top Ketchikan area. cultural, and user interests within each
of the column, the language ‘‘that was DATES: This rule is effective on region. The Councils provide a forum
formed prior to April 19, 2009.’’ is December 21, 2015 unless we receive for rural residents with personal
corrected to read ‘‘that was formed prior significant adverse comments on or knowledge of local conditions and
to April 14, 2009.’’ before December 4, 2015. resource requirements to have a
VerDate Sep<11>2014 13:40 Nov 03, 2015 Jkt 238001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\04NOR1.SGM 04NOR1](https://thefederalregister.org/doc/80_FR_68458/page/1.svg)
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in any given year on local or State Executive Order 13211 Subpart C—Board Determinations
governments or private entities. The
implementation of this rule is by This Executive Order requires
agencies to prepare Statements of ■ 2. In subpart C of 36 CFR part 242 and
Federal agencies and there is no cost 50 CFR part 100, §l.23 is revised to
imposed on any State or local entities or Energy Effects when undertaking certain
actions. However, this rule is not a read as follows:
tribal governments.
significant regulatory action under E.O. §l.23 Rural determinations.
Executive Order 12988 13211, affecting energy supply,
distribution, or use, and no Statement of (a) The Board has determined all
The Secretaries have determined that
Energy Effects is required. communities and areas to be rural in
these regulations meet the applicable
standards provided in sections 3(a) and accordance with § __.15 except the
Drafting Information
3(b)(2) of Executive Order 12988, following: Fairbanks North Star
regarding civil justice reform. Theo Matuskowitz drafted these Borough; Homer area—including
regulations under the guidance of Homer, Anchor Point, Kachemak City,
Executive Order 13132 Eugene R. Peltola, Jr. of the Office of and Fritz Creek; Juneau area—including
In accordance with Executive Order Subsistence Management, Alaska Juneau, West Juneau, and Douglas;
13132, the rule does not have sufficient Regional Office, U.S. Fish and Wildlife Kenai area—including Kenai, Soldotna,
Federalism implications to warrant the Service, Anchorage, Alaska. Additional Sterling, Nikiski, Salamatof,
preparation of a Federalism summary assistance was provided by Kalifornsky, Kasilof, and Clam Gulch;
impact statement. Title VIII of ANILCA • Daniel Sharp, Alaska State Office, Ketchikan area—including Ketchikan
precludes the State from exercising Bureau of Land Management; City, Clover Pass, North Tongass
subsistence management authority over • Mary McBurney, Alaska Regional Highway, Ketchikan East, Mountain
fish and wildlife resources on Federal Office, National Park Service; Point, Herring Cove, Saxman East,
lands unless it meets certain Pennock Island, and parts of Gravina
requirements. • Dr. Glenn Chen, Alaska Regional
Office, Bureau of Indian Affairs; Island; Municipality of Anchorage;
Executive Order 13175 Seward area—including Seward and
• Trevor T. Fox, Alaska Regional Moose Pass, Valdez, and Wasilla/Palmer
The Alaska National Interest Lands Office, U.S. Fish and Wildlife Service; area—including Wasilla, Palmer,
Conservation Act, Title VIII, does not and
Sutton, Big Lake, Houston, and
provide specific rights to tribes for the • Thomas Whitford, Alaska Regional Bodenberg Butte.
subsistence taking of wildlife, fish, and Office, U.S. Forest Service.
shellfish. However, the Secretaries, (b) You may obtain maps delineating
through the Board, provided Federally Authority the boundaries of nonrural areas from
recognized Tribes and Alaska Native the U.S. Fish and Wildlife Service at the
This rule is issued under the authority
corporations opportunities to consult on Alaska Regional Office address provided
of Title VIII of the Alaska National
this rule. Consultation with Alaska Interest Lands Conservation Act at 50 CFR 2.2(g), or on the Web at
Native corporations are based on Public (ANILCA) (16 U.S.C. 3111–3126). https://www.doi.gov/subsistence.
Law 108–199, div. H, Sec. 161, Jan. 23, Dated: September 30, 2015.
2004, 118 Stat. 452, as amended by List of Subjects
Eugene R. Peltola, Jr.,
Public Law 108–447, div. H, title V, Sec. 36 CFR Part 242
518, Dec. 8, 2004, 118 Stat. 3267, which Assistant Regional Director, U.S. Fish and
Administrative practice and Wildlife Service, Acting Chair, Federal
provides that: ‘‘The Director of the
Subsistence Board.
Office of Management and Budget and procedure, Alaska, Fish, National
all Federal agencies shall hereafter forests, Public lands, Reporting and Dated: September 30, 2015.
consult with Alaska Native corporations recordkeeping requirements, Wildlife. Thomas Whitford,
on the same basis as Indian tribes under 50 CFR Part 100 Subsistence Program Leader, USDA—Forest
Executive Order No. 13175.’’ Service.
The Secretaries, through the Board, Administrative practice and [FR Doc. 2015–27996 Filed 10–30–15; 8:45 am]
provided a variety of opportunities for procedure, Alaska, Fish, National BILLING CODE 3410–11–4333–15–P
consultation on the rural determination forests, Public lands, Reporting and
process: commenting on changes under recordkeeping requirements, Wildlife.
consideration for the existing
Regulation Promulgation
regulations; engaging in dialogue at the
Council meetings; engaging in dialogue For the reasons set out in the
at the Board’s meetings; and providing preamble, the Secretaries amend 36 CFR
input in person, by mail, email, or part 242 and 50 CFR part 100 as set
phone at any time during the forth below.
rulemaking process.
Since 2007 multiple opportunities PART—SUBSISTENCE MANAGEMENT
were provided by the Board for REGULATIONS FOR PUBLIC LANDS IN
Federally recognized Tribes and Alaska ALASKA
Native Corporations to consult on the
rmajette on DSK7SPTVN1PROD with RULES
subject of rural determinations. ■ 1. The authority citation for both 36
Federally recognized Tribes and Alaska CFR part 242 and 50 CFR part 100
Native Corporations were notified by continues to read as follows:
mail and telephone and were given the Authority: 16 U.S.C. 3, 472, 551, 668dd,
opportunity to attend in person or via 3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C.
teleconference. 1733.
VerDate Sep<11>2014 13:40 Nov 03, 2015 Jkt 238001 PO 00000 Frm 00006 Fmt 4700 Sfmt 9990 E:\FR\FM\04NOR1.SGM 04NOR1](https://thefederalregister.org/doc/80_FR_68458/page/4.svg)
Document Created: 2018-03-01 11:27:45
Document Modified: 2018-03-01 11:27:45
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This rule is effective on December 21, 2015 unless we receive significant adverse comments on or before December 4, 2015. | |
| Contact | Chair, Federal Subsistence Board, c/o U.S. Fish and Wildlife Service, Attention: Eugene R. Peltola, Jr., Office of Subsistence Management; (907) 786-3888 or [email protected] For questions specific to National Forest System lands, contact Thomas Whitford, Regional Subsistence Program Leader, USDA, Forest Service, Alaska Region; (907) 743-9461 or [email protected] | |
| FR Citation | 80 FR 68245 | |
| RIN Number | 1018-BA82 | |
| CFR Citation | 36
CFR
242 50 CFR 100 | |
| CFR Associated | Administrative Practice and Procedure; Alaska; Fish; National Forests; Public Lands; Reporting and Recordkeeping Requirements and Wildlife |
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