[Federal Register Volume 62, Number 124 (Friday, June 27, 1997)]
[Proposed Rules]
[Pages 34681-34682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16820]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 36
RIN 1018-AE21
Regulations for Administrative and Visitor Facility Sites on
National Wildlife Refuges in Alaska
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The Fish and Wildlife Service (Service) proposes this
amendment to current regulations to provide the Service 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 which
commonly are located outside the approved boundaries of national
wildlife refuges in Alaska.
DATES: For written comments to be considered, they must be received by
August 26, 1997.
ADDRESSES: Comments should be sent to the Regional Director, Attention:
Daryle R. Lons, U.S. Fish and Wildlife Service, 1011 E. Tudor Road,
Anchorage, Alaska 99503.
FOR FURTHER INFORMATION CONTACT:
Daryle R. Lons at the above address, telephone (907) 786-3354.
SUPPLEMENTARY INFORMATION:
Background
The National Wildlife Refuge System Administration Act of 1966 (16
U.S.C. 668dd-668ee) 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.
The current regulations governing use on units of the National
Wildlife Refuge System in Alaska, codified at 50 CFR part 36, were
originally published in the Federal Register in 1981 (46 FR 31827, June
17, 1981 as corrected at 46 FR 40194, August 7, 1981), and were amended
in 1986 (51 FR 44793, December 12, 1986). The existing regulations in
part 36 only are applicable on federally-owned lands within the
approved boundaries of Alaska National Wildlife Refuges. The Service
currently has several 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 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. Refuge
officers currently do not have full authority to enforce applicable
Federal and State regulations at these locations. The primary purpose
of the revised regulations is to provide the Service 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 these administrative
[[Page 34682]]
and visitor facility sites of national wildlife refuges in Alaska.
Request for Additional Comments
In accordance with Department policy, interested persons may submit
written comments concerning this proposed rule by any of the following
means: (1) Mailing to Daryle R. Lons, U.S. Fish and Wildlife Service,
1011 East Tudor Road, Anchorage, Alaska 99503-6199, (2) faxing to
Daryle Lons at (907) 786-3657, or (3) electronically mailing to
daryle__lons@mail.fws.gov. All substantive comments will be reviewed
and considered before a final rule is published.
Paperwork Reduction Act
The Service has examined this regulation under the Paperwork
Reduction Act of 1995 and found it to contain no information collection
requirements.
Environmental Considerations
In accordance with 516 DM 2, Appendix 2, the Service has determined
that this action is categorically excluded from the NEPA process as it
contains ``policies, directives, regulations and guidelines of an
administrative, financial, legal, technical or procedural nature'' that
will have no potential for causing substantial environmental impact.
Economic Effects/Regulatory Flexibility Act Compliance
This rulemaking was not subject to review by the Office of
Management and Budget under Executive Order 12866. The primary purpose
of these revised regulations is to provide the Service 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 less than 10 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
proposed action is of an administrative nature only, and places no new
economic or regulatory burden on the visiting public. Accordingly,
under the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.),
this proposed rulemaking will not have a significant effect on a
substantial number of small entities, which include businesses,
organizations, or governmental jurisdictions.
Unfunded Mandates
The Service has determined and certifies pursuant to the Unfunded
Mandates Act (2 U.S.C. 1502 et seq.), that this rulemaking will not
impose a cost of $100 million or more in any given year on local or
State governments or private entities.
Civil Justice Reform
The Department has determined that these proposed regulations meet
the applicable standards provided in sections 3(a) and 3(b)(2) of
Executive Order 12988.
The primary author of this proposed regulation is Daryle R. Lons,
Refuge Program Specialist, U.S. Fish and Wildlife Service, Alaska
Region.
List of Subjects in 50 CFR Part 36
Alaska, Recreation and recreation areas, Reporting and
recordkeeping requirements, Wildlife refuges.
Accordingly, the Service proposes to amend part 36 of Chapter I of
Title 50 of the Code of Federal Regulations as follows:
PART 36--[AMENDED]
1. The authority citation for part 36 is revised to read as
follows;
Authority: 5 U.S.C. 301, 16 U.S.C. 460(k) et seq., 668dd et
seq., 742(a) et seq., 3101 et seq., and 44 U.S.C. 3501 et seq.
2. Section 36.1 is amended by revising paragraph (b), and adding
paragraph (c) to read as follows:
Sec. 36.1 Applicability and scope.
* * * * *
(b) Except as provided in paragraph (c) of this section, the
regulations contained in the following paragraphs of 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 on 50 CFR, parts 25, 26, 27, and 28, and
Secs. 32.2(d) and 32.5(c), except as supplemented or modified by these
regulations 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 may be
held 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 include, but are not limited to, sites administered by
a national wildlife refuge under the terms of a memorandum of
understanding or lease agreement.
3. Section 36.2 is amended by removing paragraph designations (a)
through (o), placing existing definitions in alphabetical order, and
adding a new definition in alphabetical order as follows:
Sec. 36.2 Definitions.
* * * * *
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.
* * * * *
4. Section 36.33(a) is amended by removing paragraph designations
(1) through (11) and placing existing definitions in alphabetical
order.
Dated: May 24, 1997.
Donald J. Barry,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 97-16820 Filed 6-26-97; 8:45 am]
BILLING CODE 4310-55-M
