81 FR 36836 - Subsistence Management Regulations for Public Lands in Alaska-Applicability and Scope; Tongass National Forest Submerged Lands
DEPARTMENT OF AGRICULTURE
Forest Service
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 81, Issue 110 (June 8, 2016)
Forest Service
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Federal Register Volume 81, Issue 110 (June 8, 2016)
| Page Range | 36836-36842 | |
| FR Document | 2016-13374 |
[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)] [Proposed Rules] [Pages 36836-36842] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-13374] ======================================================================= ----------------------------------------------------------------------- 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-2015-0159; FXRS12610700000167-FF07J00000; FBMS# 4500088147] RIN 1018-BB22 Subsistence Management Regulations for Public Lands in Alaska-- Applicability and Scope; Tongass National Forest Submerged Lands AGENCY: Forest Service, Agriculture; Fish and Wildlife Service, Interior. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The U.S. District Court for Alaska in its October 17, 2011, order in Peratrovich et al. v. United States and the State of Alaska, 3:92-cv-0734-HRH (D. Alaska), enjoined the United States ``to promptly initiate regulatory proceedings for the purpose of implementing the subsistence provisions in Title VIII of the Alaska National Interest Lands Conservation Act (ANILCA) with respect to submerged public lands within Tongass National Forest'' and directed entry of judgment. To comply with the order, the Federal Subsistence Board (Board) must initiate a regulatory proceeding to identify those submerged lands within the Tongass National Forest that did not pass to the State of Alaska at statehood and, therefore, remain Federal public lands subject to the subsistence provisions of ANILCA. Following the Court's decision, the Bureau of Land Management (BLM) and the USDA-Forest Service (USDA-FS) started a review of hundreds of potential pre-statehood (January 3, 1959) withdrawals in the marine waters of the Tongass National Forest. In April and October of 2015, BLM submitted initial lists of submerged public lands to the Board. This proposed rule would add those submerged parcels to the subsistence regulations to ensure compliance with the Court order. Additional listings will be published as BLM and the USDA-FS continue their review of pre-statehood withdrawals. DATES: Public comments: Comments on this proposed rule must be received or postmarked by August 8, 2016. Public meetings: The Federal Subsistence Regional Advisory Councils (Councils) will hold public meetings to receive comments on this proposed rule on several dates between September 28 and November 2, 2016, and make recommendations to the Federal Subsistence Board. The Board will discuss and evaluate proposed regulatory changes during a public meeting in Anchorage, AK, in January 2017. See SUPPLEMENTARY INFORMATION for specific information on dates and locations of the public meetings. ADDRESSES: Public meetings: The Federal Subsistence Board and the Federal Subsistence Regional Advisory Councils' public meetings will be held at various locations in Alaska. See SUPPLEMENTARY INFORMATION for specific information on dates and locations of the public meetings. Public comments: 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-2015-0159, 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. We will post all comments on http://www.regulations.gov. This generally means that we will post any personal information you provide us (see the Public Review Process section below for more information). 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 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. This program provides a preference for take of fish and wildlife resources for subsistence uses on Federal public lands and waters in Alaska. The Secretaries published temporary regulations to carry out this program in the Federal Register on June 29, 1990 (55 FR 27114), and published final regulations in the Federal Register [[Page 36837]] on May 29, 1992 (57 FR 22940). The program regulations have subsequently been amended a number of times. 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. The regulations contain subparts as follows: Subpart A, General Provisions; Subpart B, Program Structure; Subpart C, Board Determinations; and Subpart D, Subsistence Taking of Fish and Wildlife. Consistent with subpart B of these regulations, the Secretaries established a Federal Subsistence Board to administer the Federal Subsistence Management Program (Program). The Board comprises: A Chair appointed by the Secretary of the Interior with concurrence of the Secretary of Agriculture; The Alaska Regional Director, U.S. Fish and Wildlife Service; The Alaska Regional Director, National Park Service; The Alaska State Director, Bureau of Land Management; The Alaska Regional Director, Bureau of Indian Affairs; The Alaska Regional Forester, U.S. Forest Service; and Two public members appointed by the Secretary of the Interior with concurrence of the Secretary of Agriculture. Through the Board, these agencies and public members participate in the development of regulations for subparts C and D, which, among other things, set forth program eligibility and specific harvest seasons and limits. In administering the program, the Secretaries divided Alaska into 10 subsistence resource regions, each of which is represented by a Regional Advisory Council (Council). The Councils provide a forum for rural residents with personal knowledge of local conditions and resource requirements to have a meaningful role in the subsistence management of fish and wildlife on Federal public lands in Alaska. The Council members represent varied geographical, cultural, and user interests within each region. Public Review Process--Comments and Public Meetings The Federal Subsistence Regional Advisory Councils have a substantial role in reviewing this proposed rule and making recommendations for the final rule. The Federal Subsistence Board, through the Councils, will hold public meetings on this proposed rule at the following locations in Alaska, on the following dates: Region 1--Southeast Regional Council, Petersburg, October 4, 2016 Region 2--Southcentral Regional Council, Anchorage, October 18, 2016 Region 3--Kodiak/Aleutians Regional Council, Cold Bay, September 28, 2016 Region 4--Bristol Bay Regional Council, Dillingham, October 26, 2016 Region 5--Yukon-Kuskokwim Delta Regional Council, Bethel, October 12, 2016 Region 6--Western Interior Regional Council, McGrath, October 11, 2016 Region 7--Seward Peninsula Regional Council, Nome, November 1, 2016 Region 8--Northwest Arctic Regional Council, Selawik, October 5, 2016 Region 9--Eastern Interior Regional Council, Fort Yukon, October 25, 2016 Region 10--North Slope Regional Council, Barrow, November 1, 2016 A public notice of specific dates, times, and meeting locations will be published in local and statewide newspapers prior to each meeting. Locations and dates may change based on weather or local circumstances. The Regional Advisory Council's agenda determines the length of each Council meeting based on workload. The Board will discuss and evaluate submitted comments and public testimony on this proposed rule during a public meeting scheduled for January 2017 in Anchorage, Alaska. The Federal Subsistence Regional Advisory Council Chairs, or their designated representatives, will present their respective Councils' recommendations at the Board meeting. Additional public testimony may be provided to the Board on this proposed rule at that time. At that public meeting, the Board will deliberate and make final recommendations to the Secretaries on this proposed rule. You may submit written comments and materials concerning this proposed rule by one of the methods listed in ADDRESSES. If you submit a comment via http://www.regulations.gov, your entire comment, including any personal identifying information, will be posted on the Web site. If you submit a hardcopy comment that includes personal identifying information, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so. We will post all hardcopy comments on http://www.regulations.gov. Comments and materials we receive, as well as supporting documentation we used in preparing this proposed rule, will be available for public inspection on http://www.regulations.gov, or by appointment, between 8 a.m. and 3 p.m., Monday through Friday, except Federal holidays, at: USFWS, Office of Subsistence Management, 1011 East Tudor Road, Anchorage, AK 99503. Reasonable Accommodations The Federal Subsistence Board is committed to providing access to these meetings for all participants. Please direct all requests for sign language interpreting services, closed captioning, or other accommodation needs to Deborah Coble, 907-786-3880, [email protected], or 800-877-8339 (TTY), seven business days prior to the meeting you would like to attend. Tribal Consultation and Comment As expressed in Executive Order 13175, ``Consultation and Coordination with Indian Tribal Governments,'' the Federal officials that have been delegated authority by the Secretaries are committed to honoring the unique government-to-government political relationship that exists between the Federal Government and Federally Recognized Indian Tribes (Tribes) as listed in 75 FR 60810 (October 1, 2010). Consultation with Alaska Native corporations is 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 Alaska National Interest Lands Conservation Act does not provide specific rights to Tribes for the subsistence taking of wildlife, fish, and shellfish. However, because tribal members are affected by subsistence fishing, hunting, and trapping regulations, the Secretaries, through the Board, will provide Federally recognized Tribes and Alaska Native corporations an opportunity to consult on this proposed rule. The Board will engage in outreach efforts for this proposed rule, including a notification letter, to ensure that Tribes and Alaska Native corporations are advised of the mechanisms by which they can participate. The Board provides a variety of opportunities for consultation: Proposing changes to the existing rule; commenting on proposed changes to the existing rule; engaging in dialogue at the Regional Advisory Council meetings; engaging in dialogue [[Page 36838]] at the Board's meetings; and providing input in person, by mail, email, or phone at any time during the rulemaking process. The Board will commit to efficiently and adequately providing an opportunity to Tribes and Alaska Native corporations for consultation in regard to subsistence rulemaking. The Board will consider Tribes' and Alaska Native corporations' information, input, and recommendations, and address their concerns as much as practicable. Jurisdictional Background and Perspective The Peratrovich case dates back to 1992 and has a long and involved procedural history. The plaintiffs in that litigation raised the question of which marine waters in the Tongass National Forest, if any, are subject to the jurisdiction of the Federal Subsistence Management Program. In its May 31, 2011, order, the U.S. District Court for Alaska (Court) stated that ``it is the duty of the Secretaries [Agriculture & Interior] to identify any submerged lands (and the marine waters overlying them) within the Tongass National Forest to which the United States holds title.'' It also stated that, if such title exists, it ``creates an interest in [the overlying] waters sufficient to make those marine waters public lands for purposes of [the subsistence provisions] of ANILCA.'' Most of the marine waters within the Tongass National Forest were not initially identified in the regulations as public lands subject to the subsistence priority based upon a determination that the submerged lands were State lands, and later through reliance upon a disclaimer of interest filed by the United States in Alaska v. United States, No. 128 Orig., 546 U.S. 413 (2006). In that case, the State of Alaska had sought to quiet title to all lands underlying marine waters in southeast Alaska, which includes most of the Tongass National Forest. Ultimately, the United States disclaimed ownership to most of the submerged lands in the Tongass National Forest. The Supreme Court accepted the disclaimer by the United States to title to the marine waters within the Tongass National Forest, excepting from that disclaimer several classes of submerged public lands that generally involve small tracts. Alaska v. United States, 546 U.S. at 415. When the United States took over the subsistence program in Alaska in 1990, the Departments of the Interior and Agriculture stated in response to comments on the scope of the program during promulgation of the interim regulations that ``the United States generally does not hold title to navigable waters and thus navigable waters generally are not included within the definition of public lands'' (55 FR 27115; June 29, 1990). That position was changed in 1999 when the subsistence priority was extended to waters subject to a Federal reserved water right following the Katie John litigation. The Board identified certain submerged marine lands that did not pass to the State and, therefore, where the subsistence priority applied. However, the Board did not attempt to identify each and every small parcel of submerged public lands and thereby marine water possibly subject to the Federal Subsistence Management Program because of the potentially overwhelming administrative burden. Instead the Board invited the public to petition to have submerged marine lands included. Over the years, several small areas of submerged marine lands in the Tongass National Forest have been identified as public lands subject to the subsistence priority. In its May 31, 2011, order, the Court stated that the petition process was not sufficient and found that ``concerns about costs and management problems simply cannot trump the congressional policy that the subsistence lifestyle of rural Alaskans be preserved as to public lands.'' The Court acknowledged in its order that inventorying all these lands could be an expensive undertaking, but that it is a burden ``necessitated by the `complicated regulatory scheme' which has resulted from the inability of the State of Alaska to implement Title VIII of ANILCA.'' The Court then ``enjoined'' the United States ``to promptly initiate regulatory proceedings for the purpose of implementing the subsistence provisions in Title VIII of ANILCA with respect to submerged public lands within Tongass National Forest'' and directed entry of judgment. The BLM and USDA-FS started a time- and resource-consuming review of hundreds of potential pre-statehood (January 3, 1959) withdrawals in the marine waters of the Tongass National Forest. Both agencies are reviewing their records to identify dock sites, log transfer sites, and other areas that may not have passed to the State at statehood. The review process is ongoing and expected to take quite some time. Developing the Applicability and Scope; Tongass National Forest Submerged Lands Proposed Regulations In April and October of 2015, BLM submitted initial listings of parcels of submerged public lands to the Board. This proposed rule will add those listings to the subsistence regulations to ensure compliance with the Court's order. Additional listings will be published as BLM and USDA-FS continue their reviews of pre-statehood withdrawals. In addition, this proposed rule would make nonsubstantive changes to 36 CFR 242.3 and 50 CFR 100.3 to correct errors, such as misspellings and punctuation errors, which occur in the existing regulations. Because this proposed 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. Compliance With Statutory and Regulatory Authorities National Environmental Policy Act 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 Sec. 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 Sec. 810 analysis determination appeared in the April 6, 1992, ROD and concluded that the Federal Subsistence Management [[Page 36839]] 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 the subsistence program regulations was conducted in accordance with Sec. 810. This evaluation also supported the Secretaries' determination that the regulations will not reach the ``may significantly restrict'' threshold that would require notice and hearings under ANILCA Sec. 810(a). Paperwork Reduction Act of 1995 (PRA) This proposed rule does not contain any new collections of information that require Office of Management and Budget (OMB) approval under the PRA (44 U.S.C. 3501 et seq.) OMB has reviewed and approved the collections of information associated with the subsistence regulations at 36 CFR 242 and 50 CFR 100, and assigned OMB Control Number 1018-0075. We may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid OMB control number. Regulatory Planning and Review (Executive Order 12866) 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 proposed 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 proposed 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 proposed 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 proposed rule is not a major rule. It will 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 will 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 proposed 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 proposed rulemaking will not impose a cost of $100 million or more 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 proposed regulations meet the applicable standards provided in Sec. Sec. 3(a) and 3(b)(2) of Executive Order 12988, regarding civil justice reform. Executive Order 13132 In accordance with Executive Order 13132, the proposed rule does not have sufficient Federalism implications to warrant the preparation of a Federalism Assessment. 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, will provide Federally recognized Tribes and Alaska Native corporations an opportunity to consult on this proposed 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, will provide a variety of opportunities for consultation: commenting on proposed changes to the existing rule; engaging in dialogue at the Regional 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. Executive Order 13211 This Executive Order requires agencies to prepare Statements of Energy Effects when undertaking certain actions. However, this proposed 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 proposed regulations under the guidance of Gene Peltola 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; [[Page 36840]] Trevor Fox, Alaska Regional Office, U.S. Fish and Wildlife Service; and Thomas Whitford, Alaska Regional Office, USDA--Forest Service. 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. Proposed Regulation Promulgation For the reasons set out in the preamble, the Secretaries propose to 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 A--General Provisions 0 2. In subpart A of 36 CFR part 242 and 50 CFR part 100, amend Sec. 3 as follows: 0 a. In paragraph (a), remove the word ``or'' and in its place add the word ``of'' and remove the word ``poortion'' and in its place add the word ``portion''; 0 b. In paragraph (b)(1)(iii), remove the word ``A'' and in its place add the word ``All''; 0 c. In paragraph (b)(1)(v), remove the word ``Latitute'' and in its place add the word ``Latitude''; 0 d. In paragraph (b)(2), remove ``70 10' '' and in its place add ``70[deg]10' '' and remove ``145 51' '' and in its place add ``145[deg]51' ''; 0 e. In paragraph (b)(3), remove the word ``cape'' and in its place add the word ``Cape'', remove the word ``Latitute'' and in its place add the word ``Latitude'', and remove ``161 46' '' and in its place add ``161[deg]46' ''; and 0 f. Revise paragraph (b)(5) to read as set forth below: Sec. 3 Applicability and scope. * * * * * (5) Southeastern Alaska, including the: (i) Makhnati Island Area: Land and waters beginning at the southern point of Fruit Island, 57[deg]02'35'' north latitude, 135[deg]21'07'' west longitude as shown on United States Coast and Geodetic Survey Chart No. 8244, May 21, 1941; from the point of beginning, by metes and bounds; S. 58[deg] W., 2,500 feet, to the southern point of Nepovorotni Rocks; S. 83[deg] W., 5,600 feet, on a line passing through the southern point of a small island lying about 150 feet south of Makhnati Island; N. 6[deg] W., 4,200 feet, on a line passing through the western point of a small island lying about 150 feet west of Makhnati Island, to the northwestern point of Signal Island; N. 24[deg] E., 3,000 feet, to a point, 57[deg]03'15'' north latitude, 134[deg]23'07'' west longitude; East, 2,900 feet, to a point in course No. 45 in meanders of U.S. Survey No. 1496, on west side of Japonski Island; southeasterly, with the meanders of Japonski Island, U.S. Survey No. 1,496 to angle point No. 35, on the southwestern point of Japonski Island; S. 60[deg] E., 3,300 feet, along the boundary line of Naval reservation described in Executive Order No. 8216, July 25, 1939, to the point of beginning, and that part of Sitka Bay lying south of Japonski Island and west of the main channel, but not including Aleutski Island as revoked in Public Land Order 925, October 27, 1953, described by metes and bounds as follows: Beginning at the southeast point of Japonski Island at angle point No. 7 of the meanders of U.S. Survey No. 1496; thence east approximately 12.00 chains to the center of the main channel; thence S. 45[deg] E. along the main channel approximately 20.00 chains; thence S. 45[deg] W. approximately 9.00 chains to the southeastern point of Aleutski Island; thence S. 79[deg] W. approximately 40.00 chains to the southern point of Fruit Island; thence N. 60[deg] W. approximately 50.00 chains to the southwestern point of Japonski Island at angle point No. 35 of U.S. Survey No. 1496; thence easterly with the meanders of Japonski Island to the point of beginning including Charcoal, Harbor, Alice, Love, and Fruit islands and a number of smaller unnamed islands. (ii) Tongass National Forest: (A) Beacon Point, Frederick Sound, and Kupreanof Island are shown on the U.S. Coast and Geodetic Survey Chart No. 8210--Sheet No. 16. The reference location is marked as 57 south, 79 east, CRM, SEC 8, U.S. Survey No. 1604. The point begins on the low-water line at N. 63[deg] W., true and approximately 1,520 feet from Beacon Point beacon; thence due south true 1,520 feet; thence true East 1,800 feet, more or less to an intersection with a low-water line; thence following, is the low- water line round the point to point of the beginning (Approx. Long. 133[deg]00' W. Lat. 56[deg]56\1/4\' N.). (B) Bushy Island and Snow Passage are shown on the U.S. Coast and Geodetic Survey Chart, labeled No. 8160--Sheet No. 12. The reference location is marked as 64 south, 80 east, CRM, SEC. 31/32 on the map labeled, USS 1607. The point begins on a low-water line about \1/4\ nautical miles and southwesterly from the northwest point of the island, from which a left tangent to an island that is 300 yards in diameter and 100 yards offshore, bears the location--N. 60[deg] W., true; thence S. 60[deg] E., true and more or less 2,000 feet to an intersection with a low-water line on the easterly side of the island; thence forward along the winding of the low-water line northwesterly and southwesterly to the point of the beginning, including all adjacent rocks and reefs not covered at low water (Approx. Long. 132[deg]58' W. Lat. 56[deg]16\1/2\' N.). (C) Cape Strait, Frederick Sound, and Kupreanof Island are shown on the U.S. Coast and Geodetic Survey Chart No. 8210--Sheet No. 16. The reference location is marked as 56 south, 77478 east, CRM, on the map labeled as USS 1011. It begins at a point on a low-water line that is westerly from the lighthouse and distant 1,520 feet in a direct line from the center of the concrete pier upon which the light tower is erected; thence South 45[deg] E., true by 1,520 feet; thence east true by 1,520 feet, more or less to an intersection with the low-water line; thence north-westerly and westerly, following the windings of the low- water line to the point of beginning (Approx. Long. 133[deg]05' W. Lat. 57[deg]00' N.). (D) Point Colpoys and Sumner Strait are shown on the U.S. Coast and Geodetic Survey Chart No. 8160--Prince of Wales Island--Sheet No. 12. The reference location is marked as 64 south, 78 east, CRM, SECs. 10, 11, 12 on the map labeled as USS 1634. Location is north of a true east-and-west line running across the point to 1,520 feet true south from the high-water line at the northernmost extremity. Map includes all adjacent rocks and ledges not covered at low water and also includes two rocks awash about 1\1/4\ nautical miles east and South and 75[deg] East, respectively, from the aforementioned point (Approx. Long. 133[deg]12' W. Lat. 56[deg]20' N.). (E) Vank Island and Stikine Strait are shown on the U.S. Coast and Geodetic Survey Chart No. 8160--Sheet No. 18. Located at 62 south, 82 east, CRM, SEC 34, on the map labeled as USS 1648. This part of the island is lying south of a true east-and-west line that is drawn across the island from low water to low water. Island is 760 feet due North from [[Page 36841]] the center of the concrete pier upon which the structure for the light is erected (Approx. Long. 132[deg]35' W. Lat. 56[deg]27' N.). (F) High Point, and Woronkofski Island, Alaska, are shown on the U.S. Coast and Geodetic Survey Chart No. 8160--Sheet No. 18. The location begins at a point on low water at the head of the first bight easterly of the point and about \1/8\ nautical mile distant therefrom; thence south true 1,520 feet; thence west true 1,100 feet, more or less to an intersection with the low-water line; thence northerly and easterly, following the windings of the low-water line to point of the beginning (Approx. Long. 132[deg]33' W. Lat. 56[deg]24' N.). (G) Key Reef and Clarence Strait are shown on the U.S Coast and Geodetic Survey Chart No. 8160--Sheet No. 11. The reef lies 1\3/4\ miles S. 80[deg] E., true, from Bluff Island and becomes awash at extreme high water. Chart includes all adjacent ledges and rocks not covered at low water (Approx. Long. 132[deg]50' W. Lat. 56[deg]10' N.). (H) Low Point and Zarembo Island, Alaska, are shown on U.S. Coast and Geodetic Survey Chart No. 8160--Sheet No. 22. The location begins at a point on a low-water line that is 760 feet in a direct line, easterly, from the center of Low Point Beacon. The position is located on a point of shoreline about 1 mile easterly from Low Point; thence S. 35[deg], W true 760 feet; thence N. 800 feet and W. 760 feet, more or less, to an intersection with the low-water line to the point of beginning (Approx. Long. 132[deg]55\1/2\' W. Lat. 56[deg]27\1/2\' N.). (I) McNamara Point and Zarembo Island, Alaska, are shown on U.S. Coast and Geodetic Survey Chart No. 8160--Sheet No. 25. Location begins at a point on a low-water line that is 1,520 feet in a direct line, northerly, from McNamara Point Beacon--a slatted tripod structure; thence true east 1,520 feet; thence true south, more or less, 2,500 feet to an intersection with the low-water line; thence northwesterly and northerly following the windings of the low-water line to the point of the beginning (Approx. Long. 133[deg]04' W. Lat. 56[deg]20' N.). (J) Mountain Point and Wrangell Narrows, Alaska, are shown on the U.S. Coast and Geodetic Survey Chart No. 8170--Sheet No. 27. The location begins at a point on a low-water line southerly from the center of Mountain Point Beacon and distant there from 1,520 feet in a direct line; thence true west 1,520 feet; thence true north, more or less, 3,480 feet to an intersection with the low-water line; thence southeasterly and southerly following the windings of the low-water line to the point of the beginning (Approx. Long. 132[deg]57\1/2\' W. Lat. 56[deg]44' N.). (K) Angle Point, Revillagigedo Channel, and Bold Island are shown on the U.S. Coast and Geodetic Survey Chart No. 8075--Sheet No. 3. The reference location is marked as 76 south, 92 east, CRM, USS 1603. The location begins at a point on a low-water line abreast of the lighthouse on Angle Point, the southwestern extremity of Bold Island; thence easterly along the low-water line to a point that is 3,040 feet in a straight line from the beginning point; thence N. 30[deg] W. True 3,040 feet; thence true west to an intersection with the low-water line, 3,000 feet, more or less; thence southeasterly along the low- water line to the point of the beginning (Approx. Long. 131[deg]26' W. Lat. 55[deg]14' N.). (L) Cape Chacon, Dixon Entrance, and Prince of Wales Island are shown on the U.S Coast and Geodetic Survey Chart No. 8074--Sheet No. 29. The reference location is marked as 83 south, 89 and 90 east, CRM, USS 1608. The location begins at a point at the low-water mark on the shore line of Dixon Entrance from which the southern extremity of Cape Chacon bears south 64[deg] true East and approximately \3/4\ nautical miles; thence N. 45[deg] true East and about 1 nautical mile, more or less, to an intersection with a low-water line on the shore of Clarence Strait; thence southerly, following the meanderings of the low-water line of the shore, to and around Cape Chacon, and continuing to the point of the beginning. Reference includes all adjacent islands, islets, rocks, and reefs that are not covered at the low-water line (Approx. Long. 132[deg] W. Lat. 54[deg]42' N.). (M) Lewis Reef and Tongass Narrows are shown on the U.S Coast and Geodetic Survey Chart No. 8094--Sheet No. 71. The reference location is marked as 75 south, 90 east, CRM, SEC 9. The area point begins at the reef off of Lewis Point and partly bare at low water. This part of the reef is not covered at low water and lies on the northeast side of a true northwest-and-southeast line that is located 300 feet true southwest from the center of the concrete pier of Lewis Reef Light (Approx. Long. 131[deg]44\1/2\' W. Lat. 55[deg]22'25'' N.). (N) Lyman Point and Clarence Strait are shown on the U.S Coast and Geodetic Survey, Chart No. 8076--Sheet No. 8. The reference location is marked as 73 south, 86 east, CRM, SEC 13, on a map labeled as USS 2174 TRC. It begins at a point at the low-water mark. The aforementioned point is 300 feet in a direct line easterly from Lyman Point light; thence due south 300 feet; thence due west to a low-water mark 400 feet, more or less; thence following the winding of the low-water mark to place of beginning (Approx. Long. 132[deg]18' W. Lat. 35[deg]35' N.). (O) Narrow Point, Clarence Strait, and Prince of Wales Island are shown on the U.S. Coast and Geodetic Survey Chart No. 8100--Sheet No. 9. The reference location is marked as 70 south, 84 east, CRM, on a map labeled as USS 1628. The point begins at a point on a low-water line about 1 nautical mile southerly from Narrow Point Light, from which point a left tangent to a high-water line of an islet about 500 yards in diameter and about 300 yards off shore, bears south 30[deg] true East; thence north 30[deg] W., true 7,600 feet; thence N. 60[deg] E., 3,200 feet, more or less to an intersection with a low-water line; thence southeasterly, southerly, and southwesterly, following the winding of the low-water line to the point of the beginning. The map includes all adjacent rocks not covered at low water (Approx. Long. 132[deg]28' W. Lat. 55[deg]47\1/2\' N.). (P) Niblack Point, Cleveland Peninsula, and Clarence Strait, Alaska, are shown on the U.S. coast and Geodetic Survey Chart No. 8102--Sheet No. 6, which is the same sheet used for Caamano Point. The location begins at a point on a low-water line from which Niblack Point Beacon, a tripod anchored to three concrete piers, bears southeasterly and is 1,520 feet in a direct line; thence true northeast 1,520 feet; thence true southeast 3,040 feet; thence true southwest at 600 feet, more or less, to an intersection with a low-water line; thence northwesterly following the windings of the low-water line to the point of the beginning (Approx. Long. 132[deg]07' W. Lat. 55[deg]33' N.). (Q) Rosa Reef and Tongass Narrows are shown on the U.S. Coast and Geodetic Survey Chart No. 8094--Sheet No. 71. The reference location is marked as 74 south, 90 east, CRM, SEC 31. That part of the reef is not covered at low water and lies east of a true north-and-south line, located 600 feet true west from the center of the concrete pier of Rosa Reef Light. The reef is covered at high water (Approx. Long. 131[deg]48' W. Lat. 55[deg]24'15'' N.). (R) Ship Island and Clarence Strait are shown on the U.S. Coast and Geodetic Survey Chart No. 8100--Sheet No. 9. The reference location is marked as south, 8 east, CRM, SEC 27. The point begins as a small island on the northwesterly side of the Clarence Strait, about 10 nautical miles northwesterly from Caamano Point and \1/4\ mile off the shore of Cleveland Peninsula. The sheet includes all [[Page 36842]] adjacent islets and rocks not connected to the main shore and not covered at low water (Approx. Long. 132[deg]12' W. Lat. 55[deg]36' N.). (S) Spire Island Reef and Revillagigedo Channel are shown on the U.S. Coast and Geodetic Survey Chart No. 8075--Sheet No. 3. The reference location is marked as 76 south, 92 east, CRM, SEC 19.The detached reef, covered at high water and partly bare at low water, is located northeast of Spire Island. Spire Island Light is located on the reef and consists of small houses and lanterns surmounting a concrete pier. See chart for ``Angle Pt.'' (Approx. Long. 131[deg]30' W. Lat. 55[deg]16' N.). (T) Surprise Point and Nakat Inlet are shown on the U.S. Coast and Geodetic Survey Chart No. 8051--Sheet No. 1. The reference location is marked as 80 south, 89 east, CRM. This point lies north of a true east- and-west line. The true east-and-west line lies 3,040 feet true south from the northernmost extremity of the point together with adjacent rocks and islets (Approx. Long. 130[deg]44' W. Lat. 54[deg]49' N.). (U) Caamano Point, Cleveland Peninsula, and Clarence Strait, Alaska, are shown on the U.S. Coast and Geodetic Survey Chart No. 8102--Sheet No. 6. Location consists of everything apart of the extreme south end of the Cleveland Peninsula lying on a south side of a true east-and-west line that is drawn across the point at a distance of 800 feet true north from the southernmost point of the low-water line. This includes off-lying rocks and islets that are not covered at low water (Approx. Long. 131[deg]59' W. Lat. 55[deg]30' N.). (V) Meyers Chuck and Clarence Strait, Alaska, are shown on the U.S. and Geodetic Survey Chart No. 8124--Sheet No. 26. The small island is about 150 yards in diameter and located about 200 yards northwest of Meyers Island (Approx. Long. 132[deg]16' W. Lat. 55[deg]44\1/2\' N.). (W) Round Island and Cordova Bay, Alaska, are shown on the U.S coast and Geodetic Survey Chart No. 8145--Sheet No. 36. The Southwestern Island of the group is about 700 yards long, including off-lying rocks and reefs that are not covered at low water (Approx. Long. 132[deg]30\1/2\' W. Lat. 54[deg]46\1/2\' N.). (X) Mary Island begins at a point that is placed at a low-water mark. The aforementioned point is southward 500 feet from a crosscut on the side of a large rock on the second point below Point Winslow and Mary Island; thence due west \3/4\ mile, statute; thence due north to a low-water mark; thence following the winding of the low water to the place of the beginning (Approx. Long. 131[deg]11'00'' W. Lat. 55[deg]05'55'' N.). (Y) Tree Point starts a point of a low-water mark. The aforementioned point is southerly \1/2\ mile from extreme westerly point of a low-water mark on Tree Point, on the Alaska Mainland; thence due true east, \3/4\ mile; thence due north 1 mile; thence due west to a low-water mark; thence following the winding of the low-water mark to the place of the beginning (Approx. Long. 130[deg]57'44'' W. Lat. 54[deg]48'27'' N.). * * * * * Dated: May 31, 2016. Dated: February 17, 2016. Sally Jewell, Secretary of the Interior. Beth G. Pendleton, Regional Forester USDA--Forest Service. [FR Doc. 2016-13374 Filed 6-7-16; 8:45 am] BILLING CODE 3410-11-4333-15-P
![36836 Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Proposed Rules
applicants by the proposed priority DEPARTMENT OF AGRICULTURE (Councils) will hold public meetings to
would be limited to paperwork burden receive comments on this proposed rule
related to preparing an application for a Forest Service on several dates between September 28
discretionary grant program that is using and November 2, 2016, and make
the priority in its competition. Because 36 CFR Part 242 recommendations to the Federal
the costs of carrying out activities would Subsistence Board. The Board will
be paid for with program funds, the DEPARTMENT OF THE INTERIOR discuss and evaluate proposed
costs of implementation would not be a regulatory changes during a public
burden for any eligible applicants, Fish and Wildlife Service meeting in Anchorage, AK, in January
including small entities. 2017. See SUPPLEMENTARY INFORMATION
50 CFR Part 100 for specific information on dates and
Regulatory Flexibility Act
Certification: For these reasons as well, [Docket No. FWS–R7–SM–2015–0159; locations of the public meetings.
the Secretary certifies that these FXRS12610700000167–FF07J00000; FBMS# ADDRESSES: Public meetings: The
proposed regulations would not have a 4500088147] Federal Subsistence Board and the
significant economic impact on a Federal Subsistence Regional Advisory
RIN 1018–BB22
substantial number of small entities. Councils’ public meetings will be held
Subsistence Management Regulations at various locations in Alaska. See
Intergovernmental Review: Some of SUPPLEMENTARY INFORMATION for specific
the programs affected by this proposed for Public Lands in Alaska—
Applicability and Scope; Tongass information on dates and locations of
priority are subject to Executive Order the public meetings.
12372 and the regulations in 34 CFR National Forest Submerged Lands
Public comments: You may submit
part 79. One of the objectives of the AGENCY: Forest Service, Agriculture; comments by one of the following
Executive order is to foster an Fish and Wildlife Service, Interior. methods:
intergovernmental partnership and a ACTION: Proposed rule. • Electronically: Go to the Federal
strengthened federalism. The Executive eRulemaking Portal: http://
order relies on processes developed by SUMMARY: The U.S. District Court for www.regulations.gov and search for
State and local governments for Alaska in its October 17, 2011, order in FWS–R7–SM–2015–0159, which is the
coordination and review of proposed Peratrovich et al. v. United States and docket number for this rulemaking.
Federal financial assistance. the State of Alaska, 3:92-cv–0734–HRH • By hard copy: U.S. mail or hand-
This document provides early (D. Alaska), enjoined the United States delivery to: USFWS, Office of
notification of our specific plans and ‘‘to promptly initiate regulatory Subsistence Management, 1011 East
actions for these programs. proceedings for the purpose of Tudor Road, MS 121, Attn: Theo
implementing the subsistence Matuskowitz, Anchorage, AK 99503–
Accessible Format: Individuals with
provisions in Title VIII of the Alaska 6199.
disabilities can obtain this document in
National Interest Lands Conservation We will post all comments on http://
an accessible format (e.g., Braille, large
Act (ANILCA) with respect to www.regulations.gov. This generally
print, audiotape, or compact disc) on
submerged public lands within Tongass means that we will post any personal
request to the program contact person
National Forest’’ and directed entry of information you provide us (see the
listed under FOR FURTHER INFORMATION
judgment. To comply with the order, the Public Review Process section below for
CONTACT.
Federal Subsistence Board (Board) must more information).
Electronic Access to This Document: initiate a regulatory proceeding to FOR FURTHER INFORMATION CONTACT:
The official version of this document is identify those submerged lands within Chair, Federal Subsistence Board, c/o
the document published in the Federal the Tongass National Forest that did not U.S. Fish and Wildlife Service,
Register. Free Internet access to the pass to the State of Alaska at statehood Attention: Eugene R. Peltola, Jr., Office
official edition of the Federal Register and, therefore, remain Federal public of Subsistence Management; (907) 786–
and the Code of Federal Regulations is lands subject to the subsistence 3888 or subsistence@fws.gov. For
available via the Federal Digital System provisions of ANILCA. questions specific to National Forest
at: www.gpo.gov/fdsys. At this site you Following the Court’s decision, the System lands, contact Thomas Whitford,
can view this document, as well as all Bureau of Land Management (BLM) and Regional Subsistence Program Leader,
other documents of this Department the USDA–Forest Service (USDA–FS) USDA, Forest Service, Alaska Region;
published in the Federal Register, in started a review of hundreds of potential (907) 743–9461 or twhitford@fs.fed.us.
text or Adobe Portable Document pre-statehood (January 3, 1959) SUPPLEMENTARY INFORMATION:
Format (PDF). To use PDF you must withdrawals in the marine waters of the
have Adobe Acrobat Reader, which is Tongass National Forest. In April and Background
available free at the site. October of 2015, BLM submitted initial Under Title VIII of ANILCA (16 U.S.C.
You may also access documents of the lists of submerged public lands to the 3111–3126), the Secretary of the Interior
Department published in the Federal Board. This proposed rule would add and the Secretary of Agriculture
Register by using the article search those submerged parcels to the (Secretaries) jointly implement the
feature at: www.federalregister.gov. subsistence regulations to ensure Federal Subsistence Management
Specifically, through the advanced compliance with the Court order. Program. This program provides a
search feature at this site, you can limit Additional listings will be published as preference for take of fish and wildlife
ehiers on DSK5VPTVN1PROD with PROPOSALS
your search to documents published by BLM and the USDA–FS continue their resources for subsistence uses on
the Department. review of pre-statehood withdrawals. Federal public lands and waters in
DATES: Public comments: Comments on Alaska. The Secretaries published
John B. King, Jr.,
this proposed rule must be received or temporary regulations to carry out this
Secretary of Education. postmarked by August 8, 2016. program in the Federal Register on June
[FR Doc. 2016–13456 Filed 6–7–16; 8:45 am] Public meetings: The Federal 29, 1990 (55 FR 27114), and published
BILLING CODE 4000–01–P Subsistence Regional Advisory Councils final regulations in the Federal Register
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![36838 Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Proposed Rules
at the Board’s meetings; and providing regulations that ‘‘the United States submerged public lands to the Board.
input in person, by mail, email, or generally does not hold title to This proposed rule will add those
phone at any time during the navigable waters and thus navigable listings to the subsistence regulations to
rulemaking process. The Board will waters generally are not included within ensure compliance with the Court’s
commit to efficiently and adequately the definition of public lands’’ (55 FR order. Additional listings will be
providing an opportunity to Tribes and 27115; June 29, 1990). That position was published as BLM and USDA–FS
Alaska Native corporations for changed in 1999 when the subsistence continue their reviews of pre-statehood
consultation in regard to subsistence priority was extended to waters subject withdrawals. In addition, this proposed
rulemaking. to a Federal reserved water right rule would make nonsubstantive
The Board will consider Tribes’ and following the Katie John litigation. The changes to 36 CFR 242.3 and 50 CFR
Alaska Native corporations’ Board identified certain submerged 100.3 to correct errors, such as
information, input, and marine lands that did not pass to the misspellings and punctuation errors,
recommendations, and address their State and, therefore, where the which occur in the existing regulations.
concerns as much as practicable. subsistence priority applied. However, Because this proposed rule concerns
Jurisdictional Background and the Board did not attempt to identify public lands managed by an agency or
Perspective each and every small parcel of agencies in both the Departments of
submerged public lands and thereby Agriculture and the Interior, identical
The Peratrovich case dates back to marine water possibly subject to the text will be incorporated into 36 CFR
1992 and has a long and involved Federal Subsistence Management part 242 and 50 CFR part 100.
procedural history. The plaintiffs in that Program because of the potentially
litigation raised the question of which overwhelming administrative burden. Compliance With Statutory and
marine waters in the Tongass National Instead the Board invited the public to Regulatory Authorities
Forest, if any, are subject to the petition to have submerged marine National Environmental Policy Act
jurisdiction of the Federal Subsistence lands included. Over the years, several
Management Program. In its May 31, small areas of submerged marine lands A Draft Environmental Impact
2011, order, the U.S. District Court for in the Tongass National Forest have Statement that described four
Alaska (Court) stated that ‘‘it is the duty been identified as public lands subject alternatives for developing a Federal
of the Secretaries [Agriculture & to the subsistence priority. Subsistence Management Program was
Interior] to identify any submerged In its May 31, 2011, order, the Court distributed for public comment on
lands (and the marine waters overlying stated that the petition process was not October 7, 1991. The Final
them) within the Tongass National sufficient and found that ‘‘concerns Environmental Impact Statement (FEIS)
Forest to which the United States holds about costs and management problems was published on February 28, 1992.
title.’’ It also stated that, if such title simply cannot trump the congressional The Record of Decision (ROD) on
exists, it ‘‘creates an interest in [the policy that the subsistence lifestyle of Subsistence Management for Federal
overlying] waters sufficient to make rural Alaskans be preserved as to public Public Lands in Alaska was signed April
those marine waters public lands for lands.’’ The Court acknowledged in its 6, 1992. The selected alternative in the
purposes of [the subsistence provisions] order that inventorying all these lands FEIS (Alternative IV) defined the
of ANILCA.’’ could be an expensive undertaking, but administrative framework of an annual
Most of the marine waters within the that it is a burden ‘‘necessitated by the regulatory cycle for subsistence
Tongass National Forest were not ‘complicated regulatory scheme’ which regulations.
initially identified in the regulations as has resulted from the inability of the A 1997 environmental assessment
public lands subject to the subsistence State of Alaska to implement Title VIII dealt with the expansion of Federal
priority based upon a determination that of ANILCA.’’ The Court then ‘‘enjoined’’ jurisdiction over fisheries and is
the submerged lands were State lands, the United States ‘‘to promptly initiate available at the office listed under FOR
and later through reliance upon a regulatory proceedings for the purpose FURTHER INFORMATION CONTACT. The
disclaimer of interest filed by the United of implementing the subsistence Secretary of the Interior, with
States in Alaska v. United States, No. provisions in Title VIII of ANILCA with concurrence of the Secretary of
128 Orig., 546 U.S. 413 (2006). In that respect to submerged public lands Agriculture, determined that expansion
case, the State of Alaska had sought to within Tongass National Forest’’ and of Federal jurisdiction does not
quiet title to all lands underlying marine directed entry of judgment. constitute a major Federal action
waters in southeast Alaska, which The BLM and USDA–FS started a significantly affecting the human
includes most of the Tongass National time- and resource-consuming review of environment and, therefore, signed a
Forest. Ultimately, the United States hundreds of potential pre-statehood Finding of No Significant Impact.
disclaimed ownership to most of the (January 3, 1959) withdrawals in the Section 810 of ANILCA
submerged lands in the Tongass marine waters of the Tongass National
National Forest. The Supreme Court Forest. Both agencies are reviewing their An ANILCA § 810 analysis was
accepted the disclaimer by the United records to identify dock sites, log completed as part of the FEIS process on
States to title to the marine waters transfer sites, and other areas that may the Federal Subsistence Management
within the Tongass National Forest, not have passed to the State at Program. The intent of all Federal
excepting from that disclaimer several statehood. The review process is subsistence regulations is to accord
classes of submerged public lands that ongoing and expected to take quite some subsistence uses of fish and wildlife on
public lands a priority over the taking
ehiers on DSK5VPTVN1PROD with PROPOSALS
generally involve small tracts. Alaska v. time.
United States, 546 U.S. at 415. of fish and wildlife on such lands for
When the United States took over the Developing the Applicability and other purposes, unless restriction is
subsistence program in Alaska in 1990, Scope; Tongass National Forest necessary to conserve healthy fish and
the Departments of the Interior and Submerged Lands Proposed wildlife populations. The final § 810
Agriculture stated in response to Regulations analysis determination appeared in the
comments on the scope of the program In April and October of 2015, BLM April 6, 1992, ROD and concluded that
during promulgation of the interim submitted initial listings of parcels of the Federal Subsistence Management
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![36842 Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Proposed Rules
adjacent islets and rocks not connected to the place of the beginning (Approx. 2012 annual PM2.5 infrastructure SIP
to the main shore and not covered at Long. 131°11′00″ W. Lat. 55°05′55″ N.). submission. All other applicable
low water (Approx. Long. 132°12′ W. (Y) Tree Point starts a point of a low- infrastructure requirements for these SIP
Lat. 55°36′ N.). water mark. The aforementioned point submissions have been or will be
(S) Spire Island Reef and is southerly 1⁄2 mile from extreme addressed in separate rulemakings.
Revillagigedo Channel are shown on the westerly point of a low-water mark on DATES: Comments must be received on
U.S. Coast and Geodetic Survey Chart Tree Point, on the Alaska Mainland; or before July 8, 2016.
No. 8075—Sheet No. 3. The reference thence due true east, 3⁄4 mile; thence ADDRESSES: Submit your comments,
location is marked as 76 south, 92 east, due north 1 mile; thence due west to a identified by Docket ID No EPA–R04–
CRM, SEC 19.The detached reef, low-water mark; thence following the OAR–2016–0247 at http://
covered at high water and partly bare at winding of the low-water mark to the www.regulations.gov. Follow the online
low water, is located northeast of Spire place of the beginning (Approx. Long. instructions for submitting comments.
Island. Spire Island Light is located on 130°57′44″ W. Lat. 54°48′27″ N.). Once submitted, comments cannot be
the reef and consists of small houses * * * * * edited or removed from Regulations.gov.
and lanterns surmounting a concrete Dated: May 31, 2016. EPA may publish any comment received
pier. See chart for ‘‘Angle Pt.’’ (Approx. Dated: February 17, 2016. to its public docket. Do not submit
Long. 131°30′ W. Lat. 55°16′ N.). electronically any information you
Sally Jewell,
(T) Surprise Point and Nakat Inlet are consider to be Confidential Business
Secretary of the Interior.
shown on the U.S. Coast and Geodetic Information (CBI) or other information
Survey Chart No. 8051—Sheet No. 1. Beth G. Pendleton,
whose disclosure is restricted by statute.
The reference location is marked as 80 Regional Forester USDA—Forest Service. Multimedia submissions (audio, video,
south, 89 east, CRM. This point lies [FR Doc. 2016–13374 Filed 6–7–16; 8:45 am] etc.) must be accompanied by a written
north of a true east-and-west line. The BILLING CODE 3410–11–4333–15–P comment. The written comment is
true east-and-west line lies 3,040 feet considered the official comment and
true south from the northernmost should include discussion of all points
extremity of the point together with ENVIRONMENTAL PROTECTION you wish to make. EPA will generally
adjacent rocks and islets (Approx. Long. AGENCY not consider comments or comment
130°44′ W. Lat. 54°49′ N.). contents located outside of the primary
(U) Caamano Point, Cleveland 40 CFR Part 52 submission (i.e. on the web, cloud, or
Peninsula, and Clarence Strait, Alaska, [EPA–R04–OAR–2016–0247; FRL–9947–40– other file sharing system). For
are shown on the U.S. Coast and Region 4] additional submission methods, the full
Geodetic Survey Chart No. 8102—Sheet EPA public comment policy,
No. 6. Location consists of everything Air Plan Approval; South Carolina; information about CBI or multimedia
apart of the extreme south end of the Prong 4—2008 Ozone, 2010 NO2, SO2, submissions, and general guidance on
Cleveland Peninsula lying on a south and 2012 PM2.5 making effective comments, please visit
side of a true east-and-west line that is AGENCY: Environmental Protection http://www2.epa.gov/dockets/
drawn across the point at a distance of Agency. commenting-epa-dockets.
800 feet true north from the FOR FURTHER INFORMATION CONTACT:
ACTION: Proposed rule.
southernmost point of the low-water Sean Lakeman of the Air Regulatory
line. This includes off-lying rocks and SUMMARY: The Environmental Protection Management Section, Air Planning and
islets that are not covered at low water Agency (EPA) is proposing to Implementation Branch, Air, Pesticides
(Approx. Long. 131°59′ W. Lat. 55°30′ conditionally approve the portions of and Toxics Management Division, U.S.
N.). revisions to the South Carolina State Environmental Protection Agency,
(V) Meyers Chuck and Clarence Strait, Implementation Plan (SIP), submitted Region 4, 61 Forsyth Street SW.,
Alaska, are shown on the U.S. and by the South Carolina Department of Atlanta, Georgia 30303–8960. Mr.
Geodetic Survey Chart No. 8124—Sheet Health and Environmental Control (SC Lakeman can be reached by telephone at
No. 26. The small island is about 150 DHEC), addressing the Clean Air Act (404) 562–9043 or via electronic mail at
yards in diameter and located about 200 (CAA or Act) visibility transport (prong lakeman.sean@epa.gov.
yards northwest of Meyers Island 4) infrastructure SIP requirements for SUPPLEMENTARY INFORMATION:
(Approx. Long. 132°16′ W. Lat. 55°441⁄2′ the 2008 8-hour Ozone, 2010 1-hour
N.). Nitrogen Dioxide (NO2), 2010 1-hour I. Background
(W) Round Island and Cordova Bay, Sulfur Dioxide (SO2), and 2012 annual By statute, SIPs meeting the
Alaska, are shown on the U.S coast and Fine Particulate Matter (PM2.5) National requirements of sections 110(a)(1) and
Geodetic Survey Chart No. 8145—Sheet Ambient Air Quality Standards (2) of the CAA are to be submitted by
No. 36. The Southwestern Island of the (NAAQS). The CAA requires that each states within three years after
group is about 700 yards long, including state adopt and submit a SIP for the promulgation of a new or revised
off-lying rocks and reefs that are not implementation, maintenance, and NAAQS to provide for the
covered at low water (Approx. Long. enforcement of each NAAQS implementation, maintenance, and
132°301⁄2′ W. Lat. 54°461⁄2′ N.). promulgated by EPA, commonly enforcement of the new or revised
(X) Mary Island begins at a point that referred to as an ‘‘infrastructure SIP.’’ NAAQS. EPA has historically referred to
is placed at a low-water mark. The Specifically, EPA is proposing to these SIP submissions made for the
ehiers on DSK5VPTVN1PROD with PROPOSALS
aforementioned point is southward 500 conditionally approve the prong 4 purpose of satisfying the requirements
feet from a crosscut on the side of a portions of South Carolina’s July 17, of sections 110(a)(1) and 110(a)(2) as
large rock on the second point below 2008, 8-hour Ozone infrastructure SIP ‘‘infrastructure SIP’’ submissions.
Point Winslow and Mary Island; thence submission; April 30, 2014, 2010 1-hour Sections 110(a)(1) and (2) require states
due west 3⁄4 mile, statute; thence due NO2 infrastructure SIP submission; May to address basic SIP elements such as
north to a low-water mark; thence 8, 2014, 2010 1-hour SO2 infrastructure the requirements for monitoring, basic
following the winding of the low water SIP submission; and December 18, 2015, program requirements, and legal
VerDate Sep<11>2014 14:36 Jun 07, 2016 Jkt 238001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\08JNP1.SGM 08JNP1](https://thefederalregister.org/doc/81_FR_36946/page/7.svg)
Document Created: 2016-06-08 03:10:08
Document Modified: 2016-06-08 03:10:08
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Public comments: Comments on this proposed rule must be received or postmarked by August 8, 2016. | |
| 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 | 81 FR 36836 | |
| RIN Number | 1018-BB22 | |
| 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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