Regulations for Administrative and Visitor Facility Sites on National Wildlife Refuges in Alaska

[Federal Register Volume 64, Number 56 (Wednesday, March 24, 1999)]
[Rules and Regulations]
[Pages 14149-14151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6942]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Parts 25 and 36

RIN 1018-AE21


Regulations for Administrative and Visitor Facility Sites on 
National Wildlife Refuges in Alaska

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: This rule amends current regulations and provides us with 
proper authority to enforce regulations concerning public safety, 
protection of government property, and applicable State of Alaska fish 
and wildlife regulations on administrative and visitor facility sites 
commonly located outside the approved boundaries of national wildlife 
refuges in Alaska.

DATES: This rule is effective April 23, 1999.

ADDRESSES: U.S. Fish and Wildlife Service, Attention: George 
Constantino, 1011 E. Tudor Road, Anchorage, Alaska 99503.

FOR FURTHER INFORMATION CONTACT: George Constantino; telephone (907) 
786-3557.

SUPPLEMENTARY INFORMATION:

Background

    The National Wildlife Refuge System Administration Act of 1966 (16 
U.S.C. 668dd-668ee) as amended and Section 1306 of the Alaska National 
Interest Lands Conservation Act of 1980 (ANILCA) (16 U.S.C. 3196) 
authorize the Secretary of the Interior to establish administrative 
sites and visitor facilities outside the boundaries of, and in the 
vicinity of, refuge units and to prescribe regulations governing use of 
such acquired lands.
    We originally published the current regulations governing use on 
units of the National Wildlife Refuge System in Alaska, codified at 50 
CFR part 36, in the Federal Register on June 17, 1981 (46 FR 31827, as 
corrected at 46 FR 40194, August 7, 1981), and amended them in 1986 (51 
FR 44793, December 12, 1986). The existing regulations in part 36 are 
applicable only on federally-owned lands within the approved boundaries 
of Alaska National Wildlife Refuges. We currently have administrative 
and visitor facility sites that are both inside and outside the 
approved boundaries of refuges, some of which are held in less than fee 
title. Examples of visitor facility sites include Alaska Maritime 
Refuge's Visitor Center and Headquarters Complex (fee title land) in 
Homer; Tetlin Refuge's two campgrounds (leased from the State of 
Alaska) near Northway; and Kenai Refuge's ``Sportsmen's Lodge'' access 
and parking area (leased from the State of Alaska and Memorandum of 
Understanding with the U.S. Forest Service) on the Kenai River at the 
Russian River confluence near Cooper Landing. Refuge officers currently 
do not have full authority to enforce applicable Federal and State 
regulations at visitor facility locations such as those noted above and 
other administrative sites, including refuge staff offices and 
residences. The primary purpose of these regulations is to provide us 
with the proper regulatory authority to enforce regulations concerning 
public safety, protection of United States government property, and 
State of Alaska fish and resident wildlife statutes on administrative 
and visitor facility sites of national wildlife refuges in Alaska.

Analysis of Public Comments and Changes Made to the Proposed Rule

    We received two written comments on the proposed rule; one from the 
general public and one from the State of Alaska's Division of 
Governmental Coordination (Division). The comment from the member of 
the general public opposed the regulations and stated that we ``should 
not have the ability to enforce State Fish and Game regulations 
anywhere and existing authority, if any, should be curtailed not 
increased.'' The Division's comments requested that we not promulgate 
these regulations as they are unnecessary. Their opposition focused 
primarily on the fact that the Service and the Alaska Department of 
Public Safety were currently in the process of renegotiating a 
Memorandum of Agreement for cooperative law enforcement. The draft 
agreement provided a delegation of State authority to specified Service 
refuge officers to enforce State criminal, motor vehicle, and public 
safety laws and regulations on lands leased or owned by us, or in 
situations involving an immediate threat to public safety. The Division 
contended that the completed Memorandum of Agreement would resolve our 
gap in authority without expanding the Federal regulatory presence on 
these lands.
    Both parties have now signed the final Memorandum of Agreement. The 
agreement does partially address our needs by including a provision 
which allows delegation of refuge officers as State authorities for the 
conservation of wildlife and natural resources as well as for public 
safety. However, according to the agreement, only refuge officers 
``whose principal duty is the enforcement of conservation laws . . .'' 
receive delegated State authority. The State delegation of authority 
greatly expands a refuge officer's authority on all lands within the 
boundary of the State of Alaska. Both parties understood while 
developing the agreement that only a very limited number of refuge 
officers would receive State authority, and the State would approve 
individuals on a case-by-case basis. It was not the intent of the 
agreement to grant State cross-deputization with an associated broad 
expansion of authorities to all refuge officers in order to resolve our 
need for a limited expansion of authority for refuge officers at refuge 
administrative and visitor facility sites.
    The State also had concerns whether the scope of the regulations 
would include access areas such as Alaska Native Claims Settlement Act 
(ANCSA) 17(b) easements or would affect the Alaska National Interest 
Lands Conservation Act (ANILCA) Title VIII subsistence issues.
    After considering the foregoing comments, we need this regulation 
to provide all refuge officers with the proper authority to enforce 
regulations concerning public safety, protection of government 
property, and applicable State of Alaska fish and wildlife regulations 
on refuge administrative and visitor facility sites. In response to the 
State's concerns, we have amended the language to clarify that the 
scope of the regulation does not include ANCSA 17(b) easements. The 
regulation does not affect ANILCA Title VIII issues.

Required Determinations

Regulatory Planning and Review (E.O. 12866)

    This document is not a significant rule subject to Office of 
Management and Budget review under Executive Order 12866.
    1. This rule will not have an effect of $100 million or more on the 
economy. It will not adversely affect in a material way the economy, 
productivity, competition, jobs, the environment, public health or 
safety, or State, local, or tribal governments or communities.

[[Page 14150]]

This action is of an administrative nature only, and places no new 
economic or regulatory burden on the visiting public.
    2. This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency. See 
explanation under Regulatory Flexibility Act.
    3. This rule does not alter the budgetary effects or entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients. See explanation under Regulatory Flexibility Act.
    4. This rule does not raise novel legal or policy issues. See 
explanation under Regulatory Flexibility Act.

Regulatory Flexibility Act

    The primary purpose of these revised regulations is to provide us 
with the proper regulatory authority to enforce regulations concerning 
public safety, protection of United States government property, and 
State of Alaska fish and resident wildlife statutes on fewer than ten 
administrative and visitor facility sites located both inside and 
outside the National Wildlife Refuges System in Alaska. Examples of 
these sites include Alaska Maritime Refuge's Visitor Center and 
Headquarters Complex (fee title land) in Homer, Tetlin Refuge's two 
campgrounds (leased from the State of Alaska) near Northway, and Kenai 
Refuge's ``Sportsmen's Lodge'' access and parking area (leased from the 
State of Alaska and memorandum of understanding with the U.S. Forest 
Service) on the Kenai River at the Russian River confluence near Cooper 
Landing. This action is of an administrative nature only, and places no 
new economic or regulatory burden on the visiting public.
    We certify that this document will not have a significant economic 
effect on a substantial number of small entities such as businesses, 
organizations and governmental jurisdictions in the area under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1501 et seq., Pub. L. 
104-4, E.O. 12875)

    This rulemaking does not impose an unfunded mandate on State, 
local, or tribal governments or the private sector of more than $100 
million per year. The rule does not have a significant or unique effect 
on State, local or tribal governments or the private sector. See 
explanation under Regulatory Flexibility Act determination. A statement 
containing the information required by the Unfunded Mandates Reform Act 
(2 U.S.C. 1531 et seq.) is not required.

Takings (E.O. 12630)

    In accordance with Executive Order 12630, this rule does not have 
significant takings implications. See explanation under Regulatory 
Flexibility Act determination.

Federalism (E.O. 12612)

    In accordance with Executive Order 12612, this rule does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Assessment. It will not have substantial direct effects on 
the States, in their relationship between the Federal Government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government.

Civil Justice Reform (E.O. 12988)

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that this rule does not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the Order.

Paperwork Reduction Act

    This regulation does not require an information collection from ten 
or more parties and a submission under the Paperwork Reduction Act of 
1995 is not required.

Section 7 Consultation

    We reviewed this rule with regard to Section 7 of the Endangered 
Species Act of 1973 (16 U.S.C. 1531-1543) and find the action is not 
likely to jeopardize the continued existence of any endangered species 
or threatened species or result in the destruction or adverse 
modification of habitat of such species within the System since the 
rule is administrative, financial, legal, technical or procedural in 
nature and/or makes minor modifications to existing public use 
programs.

National Environmental Policy Act

    We ensure compliance with the National Environmental Policy Act of 
1969 (NEPA) (42 U.S.C. 4332(C)) when developing refuge public use 
management plans, and we make determinations required by NEPA before 
the addition of refuges to the lists of areas open to public uses in 50 
CFR part 32. The minor revisions to regulations as outlined in this 
document amend current regulations to provide us with the proper 
authority to enforce regulations concerning public safety, protection 
of government property, and applicable State of Alaska fish and 
wildlife regulations on administrative and visitor facility sites 
commonly located outside the approved boundaries of national wildlife 
refuges in Alaska. In accordance with 516 DM 2, Appendix 1, we have 
determined that this rule is categorically excluded from the National 
Environmental Policy Act (NEPA) process because it is limited to 
``policies, directives, regulations and guidelines of an 
administrative, financial, legal, technical or procedural nature.'' 516 
DM 2, Appendix 1, Sec. 1.10. These regulations simply qualify or 
otherwise define methods we may or may not use, for purposes of 
resource management.
    Individual refuge headquarters retain information regarding public 
use programs and the conditions that apply to their specific programs, 
and maps of their respective areas. You may also obtain information 
from the regional office at the address listed below:
    Region 7--Alaska. Assistant Regional Director--Refuges and 
Wildlife, U.S. Fish and Wildlife Service, 1011 E. Tudor Rd., Anchorage, 
Alaska 99503; Telephone (907) 786-3557.

Primary Author

    George Constantino, Chief, Division of Refuges, U.S. Fish and 
Wildlife Service, Alaska Region.

List of Subjects

50 CFR Part 25

    Administrative practice and procedure, Concessions, Reporting and 
recordkeeping requirements, Safety, Wildlife refuges.

50 CFR Part 36

    Alaska, Recreation and recreation areas, Reporting and 
recordkeeping requirements, Wildlife refuges.
    For the reasons set forth in the preamble, we amend parts 25 and 36 
of Chapter I of Title 50 of the Code of Federal Regulations as follows:

PART 25--[AMENDED]

    1. The authority citation for part 25 continues to read as follows:

    Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd, 715i, 3901 
et seq.,; and 102-402, 106 Stat. 1961.

    2. We amend Sec. 25.12 by revising the section heading and by 
adding the definition for ``Service'' in alphabetical order to read as 
follows:


Sec. 25.12  What do these terms mean?

* * * * *
    Service or we means U.S. Fish and Wildlife Service, Department of 
the Interior.
* * * * *

[[Page 14151]]

PART 36--[AMENDED]

    3. We revise the authority citation for part 36 to read as follows:

    Authority: 5 U.S.C. 301; 16 U.S.C. 460(k) et seq., 668dd-668ee, 
as amended, 742(a) et seq., 3101 et seq.; and 44 U.S.C. 3501 et seq.

    4. Amend Sec. 36.1 by revising the section heading, by revising 
paragraph (b), and by adding paragraph (c) to read as follows:


Sec. 36.1  How do the regulations in this part apply to me and what do 
they cover?

* * * * *
    (b) Except as provided in paragraph (c) of this section, the 
regulations contained in this part are applicable only on federally-
owned lands within the boundaries of any Alaska National Wildlife 
Refuge. For purposes of this part, ``federally-owned lands'' means land 
interests held or retained by the United States, but does not include 
those land interests:
    (1) Tentatively approved, legislatively conveyed, or patented to 
the State of Alaska; or
    (2) Interim conveyed or patented to a Native Corporation or person.
    (c) The regulations found in 50 CFR, parts 25, 26, 27, and 28, and 
Secs. 32.2(d) and 32.5(c), except as supplemented or modified by this 
part or amended by ANILCA, along with the regulations found in 50 CFR 
36.35(d), also are applicable to administrative and visitor facility 
sites of the Fish and Wildlife Service in Alaska which we may hold in 
fee or less than fee title and are either inside or outside the 
approved boundaries of any Alaska National Wildlife Refuge. Less than 
fee title lands do not include easements under Section 17(b) of the 
Alaska Native Claims Settlement Act (85 Stat. 688), but although not 
limited to, they include sites administered by a national wildlife 
refuge under the terms of a memorandum of understanding or lease 
agreement.
    5. Amend Sec. 36.2 by revising the section heading, by removing 
paragraph designations (a) through (o), placing existing definitions in 
alphabetical order, and by adding a new definition in alphabetical 
order to read as follows:


Sec. 36.2  What do these terms mean?

* * * * *
    Administrative and visitor facility sites means any facility or 
site administered by the U.S. Fish and Wildlife Service for public 
entry or other administrative purposes including, but not limited to, 
refuge staff offices, visitor centers, public access and parking sites, 
and campgrounds.
* * * * *
    6. Amend Sec. 36.33(a) by revising the section heading, and by 
removing paragraph designations (a)(1) through (a)(11), and placing 
existing definitions in alphabetical order, to read as follows:


Sec. 36.33  What do I need to know about using cabins and related 
structures on Alaska National Wildlife Refuges?

* * * * *
    Dated: December 7, 1998.
Donald J. Barry,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 99-6942 Filed 3-23-99; 8:45 am]
BILLING CODE 4310-55-P