[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
