Subsistence Management Regulations for Public Lands in Alaska, Subpart A, 76400-76408 [05-24340]

Agencies

• DEPARTMENT OF AGRICULTURE
• Forest Service
• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 70, Number 247 (Tuesday, December 27, 2005)]
[Rules and Regulations]
[Pages 76400-76408]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24340]


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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 100

RIN 1018-AT81


Subsistence Management Regulations for Public Lands in Alaska, 
Subpart A

AGENCIES: Forest Service, Agriculture; Fish and Wildlife Service, 
Interior.

ACTION: Final rule.

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SUMMARY: This rule revises and clarifies the jurisdiction of the 
Federal Subsistence Management Program for certain coastal areas in 
Alaska in order to further define, in part, certain waters that may 
never have been intended to fall under the Subsistence Management 
Program jurisdiction.

DATES: This rule is effective January 26, 2006.

FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o 
U.S. Fish and Wildlife Service, Attention: Thomas H. Boyd, Office of 
Subsistence Management; (907) 786-3888. For questions specific to 
National Forest System lands, contact Steve Kessler, Regional 
Subsistence Program Leader, USDA, Forest Service, Alaska Region, (907) 
786-3888.

SUPPLEMENTARY INFORMATION:

Background

    In Title VIII of the Alaska National Interest Lands Conservation 
Act (ANILCA) (16 U.S.C. 3111-3126), Congress found that ``the situation 
in Alaska is unique in that, in most cases, no practical alternative 
means are available to replace the food supplies and other items 
gathered from fish and wildlife which supply rural residents dependent 
on subsistence uses * * *'' and that ``continuation of the opportunity 
for subsistence uses of resources on public and other lands in Alaska 
is threatened * * *.'' As a result, Title VIII requires, among other 
things, that the Secretary of the Interior and the Secretary of 
Agriculture (Secretaries) implement a program to provide for rural 
Alaska residents a priority for the taking for subsistence uses of fish 
and wildlife resources on public lands in Alaska, unless the State of 
Alaska enacts and implements laws of general applicability that are 
consistent with ANILCA and that provide for the subsistence definition, 
priority, and participation specified in sections 803, 804, and 805 of 
ANILCA.
    The State implemented a program that the Department of the Interior 
previously found to be consistent with ANILCA. However, in December 
1989, the Alaska Supreme Court ruled in McDowell v. State of Alaska 
that the rural priority in the State subsistence statute violated the 
Alaska Constitution. The Court's ruling in McDowell caused the State to 
delete the rural priority from the subsistence statute which therefore 
negated State compliance with ANILCA. The Court stayed the effect of 
the decision until July 1, 1990. As a result of the McDowell decision, 
the Department of the Interior and the Department of Agriculture 
(Departments) assumed, on July 1, 1990, responsibility for 
implementation of Title VIII of ANILCA on public lands. On June 29, 
1990, the Departments published the Temporary Subsistence Management 
Regulations for Public Lands in Alaska in the Federal Register (55 FR 
27114). Permanent regulations were jointly published on May 29, 1992 
(57 FR 22940), and have been amended since then.
    As a result of this joint process between Interior and Agriculture, 
these regulations can be found in the Code of Federal Regulations (CFR) 
both in Title 36, ``Parks, Forests, and Public Property,'' and Title 
50, ``Wildlife and Fisheries,'' at 36 CFR 242.1-28 and 50 CFR 100.1-28, 
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 Subparts A, B, and C of these regulations, as 
revised May 7, 2002 (67 FR 30559), the Departments established a 
Federal Subsistence Board to administer the Federal Subsistence 
Management Program, as established by the Secretaries. The Board's 
composition includes 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, 
U.S. National Park Service; the Alaska State Director, U.S. Bureau of 
Land Management; the Alaska Regional Director, U.S. Bureau of Indian 
Affairs; and the Alaska Regional Forester, USDA Forest Service. Through 
the Board, these agencies participated in the development of 
regulations for Subparts A, B, and C, and the annual Subpart D 
regulations.

Jurisdictional Perspective

    Federal Subsistence Management Regulations (50 CFR 100.3 and 36 CFR 
242.3) currently specify that they apply on ``all navigable and non-
navigable waters within the exterior boundaries * * *'' of the parks, 
refuges, forests, conservation areas, recreation areas, and Wild and 
Scenic Rivers. This includes hundreds of thousands of acres of 
saltwater bays within National Wildlife Refuge boundaries that were not 
withdrawn prior to Statehood and which the Secretaries have now 
determined should not have been included in the regulations published 
on January 8, 1999 (64 FR 1276). We have concluded that our regulations 
(50 CFR 100.3 and 36 CFR 242.3) should exclude some bays associated 
with certain Refuges in Western Alaska. Therefore, we are amending the 
Federal Subsistence Management Regulations for Public Lands in Alaska 
to reflect the jurisdiction in those areas.
    During the early interagency discussions relative to inclusion in 
fisheries management in the Federal Subsistence Management Program, 
there does not appear to have been any

[[Page 76401]]

intention to specifically extend Federal jurisdiction to various 
saltwater bays where there was no pre-Statehood withdrawal of submerged 
lands and waters. Prior to 1999, the Federal Subsistence Management 
Program clearly and specifically identified the waters under its 
jurisdiction in the 1992 rule that set out the structure of the Federal 
Program (57 FR 22940, May 29, 1992). The various saltwater bays under 
discussion in this rule were not included as public lands in the 1992 
rule. The Ninth Circuit Court decision in Alaska v. Babbit, 72.F.3d 698 
(1995) (the Katie John decision) held and affirmed the Federal 
government's position that navigable waters in which the Federal 
Government holds reserved water rights are public lands for purposes of 
the subsistence use priority. As work began following the Katie John 
decision to identify these waters, discussion centered on the problem 
of ``checkerboard jurisdiction'' (a complex interspersion of areas of 
State and Federal jurisdiction) as it occurred on rivers within 
Conservation System Units. Federal officials recognized that in order 
to provide a meaningful subsistence use priority that could be readily 
implemented and managed, unified areas of jurisdiction were required 
for both Federal land managers and the subsistence users. The problems 
associated with the dual State and Federal management caused by the 
State's inability to take actions needed to implement the required 
subsistence use priority are difficult enough without imposing on that 
situation elaborate and scattered areas of different jurisdictions. 
Therefore, we determined in the January 1999 regulations that all 
waters within or adjacent to the boundaries of areas listed in Sec.  
--.3(b) of those regulations were public lands. This determination 
provided both the land managers and the public with a means of 
identifying those waters that are public lands for the purposes of the 
subsistence use priority.
    In the course of implementing the 1999 determinations, the Federal 
land managers became aware of some unanticipated 
consequences,particularly with respect to the inclusion of some marine 
waters as public lands. This current final rule is designed to address 
some of the problem areas that have been identified since 1999.
    Additionally, ANILCA section 103 is very specific that in coastal 
areas, boundaries for new additions to Federal reservations identified 
in that Act shall not extend seaward beyond the mean high-tide line to 
include lands owned by the State of Alaska unless the State concurs. 
The regulations published in compliance with that section delineating 
the National Wildlife Refuge boundaries (48 FR 7890, February 24, 1983) 
specify that Federal ownership does not extend below mean high tide to 
include lands owned by the State of Alaska except where the State may 
agree to that extension. Even though maps show hundreds of thousands of 
acres of marine waters (exclusive of pre-Statehood withdrawals ) within 
the exterior boundaries of refuges, the Fish and Wildlife Service has 
never attempted nor intended to exercise any jurisdiction within those 
areas. The broader inclusion in the 1999 regulations, Sec.  ----.3(b), 
of all waters within the boundaries of the listed units, operated to 
designate some waters as public lands over which the Fish and Wildlife 
service had not in the past asserted jurisdiction. This final rule 
addresses that problem and is intended to exclude those waters from the 
scope of the definition of public lands for the purposes of the ANILCA 
subsistence use priority.
    The boundaries of the National Wildlife Refuges in Alaska were 
finalized, according to ANILCA, with the Federal Register publication 
of February 24, 1983 (48 FR 7890). Some of these boundaries include 
marine waters and saltwater bays. Subsistence jurisdiction for the 
priority use of fish and shellfish extends only where the United States 
owns the submerged lands or where there are reserved water rights. 
Therefore, where the submerged lands under marine waters are owned by 
the State and there is no Federal water right, there is no subsistence 
jurisdiction. This regulation attempts to make clear which areas within 
certain refuges are excluded from subsistence management.
    Additionally, the final Issue Paper and Recommendations of the 
Alaska [Katie John] Policy Group (attachment to Acting Regional 
Solicitor Dennis Hopewell's memorandum of June 15, 1995, as amended 
July 12, 1995), stated that:

    Where a federal reservation with reserved water rights includes 
rivers or streams flowing into marine waters, reserved water rights 
will apply to all waters above the mouth of said rivers or streams, 
when the mouth is within the exterior boundaries of the federal 
reservation. The mouth is defined by a line drawn between the 
termini of the headlands on either bank of the river. * * *
    There are apparently no cases in which the federal government 
has asserted reservation of rights to marine waters under the 
Winters docrine. * * *
    Extending the Winters doctrine assertion of reserved water 
rights to marine waters would be without precedent and would 
represent a considerable leap in reasoning. * * * Potential 
appropriation of such waters remains implausible to any degree that 
could substantially affect marine water quantity or levels at all 
but the most restricted of locations (such as some salt chucks).
    * * * [T]he rationale behind the federal reserved waters 
doctrine would not apply to these marine waters. From this 
standpoint, it would be difficult to establish a need to reserve 
water in marine waters in order to accomplish the purposes of a 
reservation, even such a reserve as the Alaska Maritime National 
Wildlife Refuge that specifically includes the ``adjacent seas.''

    He made the following recommendations:

    Where a federal reservation with reserved water rights includes 
rivers or streams flowing into marine waters, reserved water rights 
will be asserted to the mouths of those rivers or streams, where the 
mouths are within the exterior boundaries of the reservation.
    Reserved water rights will not be asserted in marine waters 
except to the extent that the United States has already taken the 
position that submerged lands underlying marine waters reserved to 
the United States at the time of Alaska statehood meet the ANILCA 
definition of public lands.

    Thus, neither the 1999 regulations nor this final rule claims that 
the United States holds a reserved water right in marine waters as 
defined in the existing regulations.

Public Review and Comment

    The Secretaries published a proposed rule (69 FR 70940) on December 
8, 2004, soliciting comments on the proposed revisions. During their 
Winter Council meetings in February and March 2005, all Federal 
Subsistence Regional Advisory Councils received information on the 
proposed changes and they and the public had an opportunity to offer 
comments. The initial comment period upon request of the public was 
extended to April 1, 2005. As a result of the public announcements 
soliciting input, we received comments from 24 different entities, 
including 2 from State of Alaska agencies, 10 from Native 
organizations, 3 from other organizations, 5 from individuals and 5 
from Regional Advisory Councils. Of particular note, was a comment 
received requesting detailed maps in order to more thoroughly evaluate 
the proposed changes. Recognizing the validity of that comment, we 
developed more detailed maps of the areas in question, placed them on 
our website, and reopened the comment period. We published in the 
Federal Register on August 29, 2005, (70 FR 50999) an announcement of 
the list of areas to be excluded from Federal Subsistence Management 
jurisdiction and reopened the comment period through October 21, 2005. 
As a result of that notice, we received an additional 4

[[Page 76402]]

comments: 1 from a State entity, 1 from a Native organization, 1 from 
an individual, and 1 from a Regional Council. We will address the 
following comments received during both comments opportunities below.

Analysis of Public Comments

    Comment: The government has reserved water rights to use all waters 
necessary to sustain the habitat of subsistence resources, including 
waters beyond the boundaries of the CSU's (including upstream and 
downstream areas). The Federal government should include these areas.
    Response: We believe that including all upstream and downstream 
reaches would constitute an overly broad interpretation of ``Federal 
reserved waters.'' The Ninth Circuit Court in Katie John found the 
government's interpretation that public lands for the purposes of the 
Title VIII priority include navigable waters in which the United States 
holds reserved water rights reasonable and thus upheld it. 
Consequently, we did not propose to add and are not adding those 
stretches of water to the Federal Subsistence Management Program's area 
of jurisdiction.
    A Federal reserved water right is a usufruct which gives the right 
to divert water for use on specific land or the right to guaranty flow 
in a specific reach of a water course. As such, the water right does 
not affect the water downstream of the use area and does not have an 
effect on upstream areas except in times of shortage when a junior use 
may be curtailed. There is no shortage; therefore, up and downstream 
waters have not been included.
    Comment: Saltwater embayments within national wildlife refuge 
boundaries are important for subsistence activities and should be 
considered public lands.
    Response: The jurisdiction of the Federal Subsistence Management 
Program depends not on whether the saltwater bays are important for 
subsistence, but whether they are public lands. Navigable water bodies 
can be public lands if there is a Federal reserved water right or if 
the Federal government retained ownership of the submerged lands. The 
saltwater bays discussed in these regulations are not considered public 
lands under the Subsistence Management Program because they do not fall 
within either of those categories.
    Comment: ANILCA, Title VIII is Indian legislation and any 
ambiguities must be resolved in favor of Alaska Natives.
    Response: While Congress did invoke its Constitutional authority 
over Native affairs and the Commerce and Property clauses as a basis 
for the Act, Title VIII is not ``Indian Legislation'' for the purposes 
of the canon of construction that ambiguities should be resolved in 
favor of Alaska Natives. See Hoonah Indian Association v. Morrison, 170 
F.3d 1223, 1228 (9th Cir. 1999). The priority in Title VIII is for 
rural residents regardless of whether or not they are Alaska Natives, 
and Alaska Natives who are urban residents do not enjoy the priority.
    Comment: The comment period should be extended to allow more 
opportunity for the public to comment.
    Response: Following an initial comment period of 48 days, in 
response to a number of requests, we extended the comment period an 
additional 65 days through April 1, 2005, which resulted in a total 
comment period of 113 days. Additionally, upon making more detailed 
maps available, we reopened the comment period for another 55 days. The 
public opportunity for comment has been fully accommodated.
    Comment: This proposed rule seems to be an effort to circumvent the 
Katie John ruling.
    Response: In promulgating this final rule, the Government is 
complying with, not circumventing the Katie John ruling. The agencies 
are charged with defining the waters that are public lands. In the 
course of administering the determinations made in the 1999 
regulations, we determined that certain waters that were encompassed 
within the waters listed in Sec.  ----.3(b) are not public lands for 
the purposes of the Title VIII priority. Thus, this final rule is 
merely a continuation of the process that started with the Katie John 
decision.
    Further, the 1999 regulations contemplated this very responce. 
Section ----.3(b) of those regulations explicitly stated that ``[t]he 
public lands described in paragraph (b) of this section remain subject 
to change * * *'' This final rule is just a part of that anticipated 
process. Further, this final rule is itself not forever final and 
unchangeable, as shown in the new regulation Sec.  --.3(e), which is a 
restatement of the prior regulation.
    Comment: The government should clarify that marine waters below 
mean high tide are excluded in all applicable Federal areas of the 
State.
    Response: Title VIII of ANILCA and the regulations limit the 
Federal Subsistence Management Program jurisdiction to public lands. 
Public lands include marine areas where the Federal government retained 
ownership of the submerged lands on the date of Alaska Statehood. The 
Federal Government has consistently recognized that navigable waters 
that overlay submerged lands that were reserved to the United States at 
the time of Alaska statehood are public lands for the purposes of the 
Title VIII subsistence use priority. 57 FR 22942 (May 29, 1992), 64 FR 
1279 (January 8, 1999). Some of the waters listed as public lands both 
in the 1992 and the 1999 regulations were so determined because of 
reserved ownership of the submerged lands. This final rule continues 
that recognition. Therefore, because the Federal government did retain 
some marine submerged lands at Statehood, it would be improper for the 
regulations to exclude from the Program's jurisdiction all marine 
waters below mean high tide in all applicable Federal areas of the 
State. See e.g., United States v. Alaska, 521 U.S. 1 (1997).
    Comment: The government should exclude all marine waters below mean 
high tide by removing the ``headland-to-headland'' portion of the 
definitions for ``inland waters'' and ``marine waters.''
    Response: The definition in the regulations recognizes that there 
can be reserved Federal water rights in rivers and lakes, but not the 
sea. Therefore, it is necessary to determine where the river ends and 
the sea begins. In order to do so, the regulations use the methodology 
found in the Convention on the Territorial Sea and Contiguous Zone from 
the United Nations Law of the Sea for closing the mouths of rivers. The 
use of the headland-to-headland delineation across the mouths of rivers 
is also described in Shore and Sea Boundaries by Aaron Shalowitz (1964) 
and Water Boundaries by George Cole (1997). Some rivers are tidally 
influenced for a significant distance above their mouths. Although 
submerged lands under portions of rivers which are tidally influenced 
may be owned by the State or other entity, those stretches are still a 
part of the river and remain subject to potential Federal reservation 
of water rights. Rivers and streams have high water marks rather than 
lines of mean high tide. Upon further review, we have determined that 
no modifications are necessary in the definitions of ``inland waters'' 
and ``marine waters'' as found in the January 8, 1999, regulations; 
therefore none are made in this final rule.
    Comment: The government should include in regulation the Ninth 
Circuit Court's criteria in the Katie John decision for determining 
whether waters are ``public lands.''

[[Page 76403]]

    Response: The Ninth Circuit did not adopt criteria for determining 
whether waters are public lands but affirmed the Secretaries' 
determination that public lands includes, inter alia, water within 
which there were Federal reserved water rights. It is unnecessary to 
set forth in regulations the standards to be applied in determining 
whether reserved water rights are held in any specific waters. The 
Secretaries have at all times retained for themselves the task of 
determining what are public lands. Neither this task nor any changes to 
the subpart A and B portions of the subsistence management regulations 
has been delegated to the Federal Subsistence Board. The Secretaries 
are aware of the criteria for determining whether a reserve water right 
is or is not held in any waters. Further, any additional determinations 
of waters as public lands will require notice and opportunity to 
comment on a proposal. Therefore, the public will have ample 
opportunity to inform the secretaries if they disagree with any such 
proposal. The Secretaries fully believe that this final rule complies 
with the applicable criteria.
    Comment: The government should correct the regulation's proposed 
expansion of the Federal priority into ``all inland waters, both 
navigable and non-navigable, within and adjacent to the exterior 
boundaries * * *.'' The Court only expanded the definition of ``public 
lands'' outside of Federal reservations into navigable waters where the 
U.S. has a reserved water right (i.e. where the adjoining water is 
necessary for the purposes of the reservation)--not ``all adjacent'' 
waters.
    Response: This comment relies, in part, on a misstatement of the 
decision of the Court of Appeals in the Katie John litigation. The 
Court of Appeals did not find in that decision that the only navigable 
waters which are public lands for the purposes of Title VIII 
subsistence use priority are those waters in which the United States 
holds a reserved water right. The Court of Appeals only agreed with the 
United States, that if the United States holds a reserved water right 
in navigable waters that is a property interest sufficient to make 
those waters public lands for the purposes of Title VIII of ANILCA. 
Therefore, the definition of public lands is not limited only to waters 
in which the United States holds a reserved water right. Contrary to 
that comment, that definition can extend to other interests.
    The Court of Appeals rejected the claim that the navigation 
servitude was a property interest sufficient to make waters subject to 
that interest as public lands and rejected the claim that Congress 
intended that all waters within the reach of the Commerce Clause were 
public lands. However, the Government has never relied and does not now 
rely on either navigational servitude or the extent of the Commerce 
Clause to define waters that are public lands. Further, the issuance of 
``adjacent'' has only been applied to inland rivers and lakes 
immediately adjacent to Federal areas. Those waters immediately 
adjacent provide some of the necessary waters for achieving the 
purposes for which each Federal area was established. The category of 
``adjacent waters'' has not been applied to any marine waters. This 
regulation presents no expansion of the existing Federal jurisdiction 
as published in the January 8, 1999, Federal Register (64 FR 1276).
    Comment: The government should use the legal boundaries of the 
Federal conservation system units as published in the Federal Register; 
correct all Federal Subsistence Management Program maps and 
descriptions consistent with those boundaries; apply for Federal 
reserved water rights; limit Federal authorities to public lands; and 
accurately portray the State's management authorities.
    Response: This comment does not address the proposed action. The 
intent in this rulemaking is not to define the boundaries of the 
various conservation system units. The purpose is to further define for 
certain coastal regions the waters within the identified conservation 
system units that are public lands for the purposes of the Federal 
subsistence use priority. The boundaries of the National Wildlife 
Refuges are those published in the Federal Register in 1983. Under this 
final rule, the exterior boundaries of these units may not coincide 
with the waters that are or are not determined to be public lands for 
purposes of that priority. First, the United States is not claiming 
that it holds a reserved water right in any of the marine waters listed 
in the final rule. Second, where it has not been determined that the 
United States reserved title to the submerged lands beneath the 
designated marine waters of the various units, the United States has 
determined that the particular waters are not public lands for the 
purposes of Title VIII.
    It may well be that the maps and other descriptions of the 
boundaries of the various conservation system units will differ from 
the maps depicting the waters within the respective units that are 
public lands for the purposes of the Title VIII subsistence use 
priority. The navigable marine waters that are deemed to be public 
lands for the purposes of the Title VIII priority and the Federal 
Subsistence management regulations will be the waters depicted on these 
Federal Subsistence Management Program maps. Upon publication of this 
final rule, we will update our applicable subsistence maps and 
descriptions and these will be available to the public.
    In all of our publications, we have clearly specified that the 
Federal Subsistence Management regulations apply only on Federal lands 
and waters. In addition, this rulemaking does not address the State's 
management authorities, which are properly a subject of State 
legislation and regulation. It is not our responsibility to display or 
portray the areas of State responsibility.
    The Federal Subsistence Management regulations, including any 
regulations set forth in 50 CFR 100 parts C and D and 36 CFR 242 parts 
C and D, have always been and remain applicable now only to the public 
lands as defined in those regulations. Whether or not the United States 
holds a reserved water right is not dependent on any application for 
those rights. Therefore, it is not necessary to apply for those rights 
for the purpose of determining that navigable waters are public lands 
for the purposes of the Federal subsistence use priority. Congress 
specifically identifies in ANILCA that fish and wildlife resources and 
water quality and quantity are purposes of most of the conservation 
system units, therefore implicitly reserving a water right for these 
purposes. With this reservation, it is unnecessary to quantify an 
instream flow amount for the purposes of the Title VIII subsistence use 
priority. This is especially so in Alaska, where the quantity of 
instream flow is usually not a resource issue. We have revised the 
wording in the Preamble to reflect the State's concerns over State 
management authorities.
    Comment: The government should reflect that the boundaries of the 
Federal reservations end at mean high tide and do not extend into 
marine waters by some vague location of ``headlands.''
    Response: The boundaries of the Federal reservations were 
established by various previous Federal Register publications as 
directed by ANILCA and are not the subject of this rulemaking. Congress 
has directed a priority for subsistence uses on the public lands and 
the Secretaries must implement that directive in accordance with their 
understanding of what constitutes public lands. In so doing, the 
Secretaries have not used a vague notion of headlands, but have used 
internationally recognized standards. We have used the international 
convention for closure of rivers and

[[Page 76404]]

streams as they flow into the sea. This methodology is taken from the 
Convention on the Territorial Sea and Contiguous Zone from the United 
Nations Law of the Sea. The use of the headland-to-headland delineation 
across the mouths of rivers is also described in Shore and Sea 
Boundaries by Aaron Shalowitz (1964) and Water Boundaries by George 
Cole (1997). Although there is a tidal influence up many coastal rivers 
and streams, the line of mean high tide does not extend up the bodies 
of flowing water. Therefore, to connect the lines of mean high tide 
across the mouths of rivers and streams, a line is drawn from headland-
to-headland across the mouth consistent with these international 
standards. Our regulations do not extend seaward of this line into 
marine waters except in certain areas that were withdrawn or otherwise 
set aside prior to Statehood.
    Comment: The government should not identify specific pre-Statehood 
withdrawals because of inconsistent legal definitions and the fact that 
the State disputes title to some of these areas.
    Response: The Government has at all times since the promulgations 
of the permanent Federal subsistence regulations on May 29, 1992 (57 FR 
22942), and continued in the regulations promulgated on January 8, 1999 
(64 FR 1279), recognized that waters lying above submerged lands are 
public lands for the purposes of the Federal subsistence use priority. 
The current regulations as promulgated on January 8, 1999, Sec.  --
--.3(b), do not separate the waters that are public lands because they 
are above pre-Statehood reservations or because the United States holds 
reserved water rights therein, but that list includes both types of 
waters. This final rule will simply break out the two categories. In 
designating these waters, we have used the most accurate description 
available to identify them. Should additional information become 
available, the Board will consider the information and recommend 
modification of the regulations at that time, if appropriate.
    Comment: The government should not exercise jurisdiction over 
validly selected lands within the boundaries of conservation system 
units.
    Response: This comment is directed to a portion of the definition 
of ``public lands or public land'' set forth in Sec.  ----.4 of the 
regulations. The proposed rule published on December 8, 2004, did not 
propose any change in this definition. The proposal was only to amend 
the definitions of ``marine waters'' and ``inland waters.'' This 
comment was, therefore, not relevant to this rulemaking and is not 
considered herein.
    Comment: The government should remove the statement regarding the 
Secretaries' authority to supersede State fish and wildlife regulations 
on non-Federal lands outside of the Federal regulations unrelated to 
reserved water rights.
    Response: This comment is directed to a portion of Sec.  ----.10(a) 
of the regulations as promulgated on January 8, 1999. The proposed rule 
published on December 8, 2004, did not propose any change in this 
section. This comment was, therefore, not relevant to this rulemaking 
and is not considered herein.
    Comment: We have concerns about the proposed exclusion of Kuskokwim 
Bay and the boundary as it reaches into the Kuskokwim River.
    Response: The official boundaries of the various Federal 
reservations, including the Yukon Delta National Wildlife Refuge, are 
those published in the Federal Register pursuant to ANILCA. This rule 
does not change any of those boundaries. In the case of the mouth of 
the Kuskokwim River, the jurisdiction of the Federal Subsistence 
Management Program will continue to coincide with the Yukon Delta 
National Wildlife Refuge boundary at that location.
    Comment: Numerous technical errors and discrepancies between the 
two sets of legal boundary regulations need to be corrected.
    Response: The official boundaries of the Federal reservations are 
those published in the Federal Register pursuant to ANILCA. The 
boundaries of Federal subsistence jurisdiction are not necessarily 
identical with refuge boundaries and are shown on the best maps 
available to enable a subsistence user to identify areas of 
jurisdiction in the field. The Federal maps are as accurate as 
possible, but the use of varying base maps in different areas results 
in poor map registration.
    Comment: The final regulations and maps need to clearly articulate 
that the Federal responsibility to assure the subsistence priority 
outside Federal reservations applies only where there is a Federal 
reserved water right. Thus, while the maps are an improvement for 
locating areas where Federal jurisdiction is asserted, the appropriate 
process must be pursued to define where and how much water is necessary 
for each reservation in order to legitimize the claim of federal 
reserved water rights.
    Response: This comment incorrectly assumes that only navigable 
waters in which the United States holds a reserved water right are 
public lands and that a Federal reserved water right does not exist 
until it has been quantified and that a process must be followed to 
accomplish that quantification. Whether or not the United States holds 
a reserved water right is not dependent on any application for or 
quantification of those rights. Therefore, application for and/or 
quantification of a reserved water right is not a prerequisite for 
determining the waters in which such rights are held for purposes of 
defining public lands for the purposes of the Title VIII priority. 
Title VIII applies whenever there is any reserved water right. This 
being the case, the quantity of the right is irrelevant and there is no 
reason to go through a quantification process.
    Further, any application for and quantification of a reserved water 
right is a lengthy and expensive administrative or judicial process. In 
its decision in State v. Babbitt, 72 F.3d at 704, the Court of Appeals 
expressed hope that the Federal government ``will promptly determine 
which waters are public lands.'' That task could not be promptly 
accomplished and rural Alaska residents would continue to be deprived 
of their Federal subsistence priority for a substantial amount of time 
if application and quantification of those rights were to be required. 
This would be contrary to the purposes and intent of Title VIII of 
ANILCA.

Areas Excluded From Federal Subsistence Management Program Jurisdiction

    Under this rule, the following areas are excluded from jurisdiction 
under the Federal Subsistence Management Program unless future research 
identifies pre-Statehood withdrawals or other submerged land within 
these areas that did not pass to the State at the time of Statehood. 
Maps are now available for these areas. The purpose of these maps is to 
provide to the subsistence user an overall graphic representation of 
the extent of the excluded areas. To view maps, go to the Office of 
Subsistence Management Web site at https://alaska.fws.gov/asm/home.html. 
If you do not have access to the internet, you may contact the Office 
of Subsistence Management at the address and phone number shown at FOR 
FURTHER INFORMATION CONTACT and we will send the maps to you.
    Within the Alaska Peninsula or Izembek National Wildlife Refuge 
boundaries:

Wide Bay
Agripina Bay
Port Wrangell

[[Page 76405]]

Kujulik Bay
Chignik Lagoon, including Mallard Duck Bay and Schooner Bay
Mud Bay
Anchorage Bay
Lake Bay
Castle Bay
Warner Bay, including Ross Cove
Devils Bay
Kuiukta Bay, including Portage Bay, Windy Bay, Foot Bay, Fishhook Bay, 
and Herring Lagoon
Mitrofania Bay, including Fishrack Bay
Invanof Bay
Boulder Bay
Fox Bay
American Bay
Albatross Anchorage
Pavlof Bay, including Canoe Bay, Jackson Lagoon, and Chinaman Lagoon
Long John Lagoon
Dushkin Lagoon
Bear Bay
Captain Harbor
King Cove
Cold Bay, including Lenard Harbor, Nurse Lagoon, and Kinzarof Lagoon
Morzhovoi Bay, including Littlejohn Lagoon and Big Lagoon
Traders Cove
Bechevin Bay, including Hotsprings Bay
Herendeen Bay, including Mine Harbor
Port Moller, including Mud Bay, Right Head, and Left Head

    Within Togiak National Wildlife Refuge boundaries:

Tvativak Bay
Kulukak Bay
Metervik Bay
Unnamed bay in sections 18 and 18, T. 16 S., R63 W., S.M.

    Within the Yukon Delta National Wildlife Refuge boundaries:

Kangirlvar Bay, including Toksook Bay
Hazen Bay
Hooper Bay
Kokechik Bay
Unnamed bay west of Point Smith
Kongishluk Bay

    In order to correct any misconceptions regarding Secretarial 
intent; subsistence regulations, and conservation system unit boundary 
regulations; and to avoid unnecessary complications and public 
confusion, we are issuing the amendments contained herein. Section --
--.3(b) includes those areas (Alaska Maritime and Yukon Delta) where 
marine waters are included, and the regulations apply to both navigable 
and non-navigable waters. These are the refuge areas where pre-
Statehood withdrawals exist. The Sec.  ----.3(c) includes those areas 
where marine waters are not included, but the regulations still apply 
to both navigable and non-navigable waters. Section ----.3(d) includes 
those areas where the regulations apply only to the Federal lands non-
navigable waters. These are the unassociated BLM lands that are not a 
part of a conservation system unit and have not been withdrawn from the 
public domain for specific purposes. Also, the addition of the text 
``other than military, US Coast Guard, and Federal Aviation 
Administration lands'' is a clarification, inasmuch as the military 
lands, including US Coast Guard, and Federal Aviation Administration 
have never been included in the Federal Subsistence Management Program 
because of national security and defense reasons. These lands have been 
and are closed to access by the general public, and are, therefore, not 
available for use by rural Alaska residents for harvest of subsistence 
resources. Section ----.3(e) restates Sec.  ----.3(c) of the January 7, 
1999, regulations and provides for future revisions to the geographic 
scope of the Federal Subsistence Management Program. If additional 
marine submerged lands are determined to be held by the United States, 
those lands would be the subject of future rulemakings.
    Upon further review, we have determined that no modifications are 
necessary in the definitions of ``inland waters'' and ``marine waters'' 
as found in the January 8, 1999, regulations; therefore none are made 
in this final rule.
    Because this rule relates to public lands managed by an agency or 
agencies in both the Departments of Agriculture and the Interior, 
identical text is incorporated into 36 CFR part 242 and 50 CFR part 
100.

Conference With Statutory and Regulatory Authorities

National Environmental Policy Act Compliance

    A Draft Environmental Impact Statement (DEIS) for developing a 
Federal Subsistence Management Program was distributed for public 
comment on October 7, 1991. That document described the major issues 
associated with Federal subsistence management as identified through 
public meetings, written comments, and staff analysis, and examined the 
environmental consequences of four alternatives. Proposed regulations 
(subparts A, B, and C) that would implement the preferred alternatives 
were included in the DEIS as an appendix. The DEIS and the proposed 
administrative regulations presented a framework for an annual 
regulatory cycle regarding subsistence hunting and fishing regulations 
(subpart D). The Final Environmental Impact Statement (FEIS) was 
published on February 28, 1992.
    Based on the public comments received, the analysis contained in 
the FEIS, and the recommendations of the Federal Subsistence Board and 
the Department of the Interior's Subsistence Policy Group, the 
Secretary of the Interior, with the concurrence of the Secretary of 
Agriculture, through the U.S. Department of Agriculture--Forest 
Service, implemented Alternative IV as identified in the DEIS and FEIS 
(Record of Decision on Subsistence Management for Federal Public Lands 
in Alaska (ROD), signed April 6, 1992). The DEIS and the selected 
alternative in the FEIS defined the administrative framework of an 
annual regulatory cycle for subsistence hunting and fishing 
regulations. The final rule for Subsistence Management Regulations for 
Public Lands in Alaska, Subparts A, B, and C, published May 29, 1992, 
implemented the Federal Subsistence Management Program and included a 
framework for an annual cycle for subsistence hunting and fishing 
regulations. The following Federal Register documents pertain to this 
rulemaking:

Federal Register Documents Pertaining to Subsistence Management Regulations for Public Lands in Alaska, Subparts
                                                     A and B
----------------------------------------------------------------------------------------------------------------
  Federal Register  citation         Date of publication           Category                  Details
----------------------------------------------------------------------------------------------------------------
57 FR 22940...................  May 29, 1992.................  Final Rule......  ``Subsistence Management
                                                                                  Regulations for Public Lands
                                                                                  in Alaska; Final Rule'' was
                                                                                  published in the Federal
                                                                                  Register.

[[Page 76406]]

 
64 FR 1276....................  January 8, 1999..............  Final Rule        Amended to include subsistence
                                                                (amended).        activities occurring on inland
                                                                                  navigable waters in which the
                                                                                  United States has a reserved
                                                                                  water right and to identify
                                                                                  specific Federal land units
                                                                                  where reserved water rights
                                                                                  exist. Extended the Federal
                                                                                  Subsistence Board's management
                                                                                  to all Federal lands selected
                                                                                  under the Alaska Native Claims
                                                                                  Settlement Act and the Alaska
                                                                                  Statehood Act and situated
                                                                                  within the boundaries of a
                                                                                  Conservation System Unit,
                                                                                  National Recreation Area,
                                                                                  National Conservation Area, or
                                                                                  any new forest or forest
                                                                                  addition, until conveyed to
                                                                                  the State of Alaska or an
                                                                                  Alaska Native Corporation.
                                                                                  Specified and clarified
                                                                                  Secretaries' authority to
                                                                                  determine when hunting,
                                                                                  fishing, or trapping
                                                                                  activities taking place in
                                                                                  Alaska off the public lands
                                                                                  interfere with the subsistence
                                                                                  priority.
66 FR 31533...................  June 12, 2001................  Interim Rule....  Expanded the authority that the
                                                                                  Board may delegate to agency
                                                                                  field officials and clarified
                                                                                  the procedures for enacting
                                                                                  emergency or temporary
                                                                                  restrictions, closures, or
                                                                                  openings.
67 FR 30559...................  May 7, 2002..................  Final Rule......  In response to comments on an
                                                                                  interim rule, amended the
                                                                                  operating regulations. Also
                                                                                  corrected some inadvertent
                                                                                  errors and oversights of
                                                                                  previous rules.
68 FR 7703....................  February 18, 2003............  Direct Final      This rule clarified how old a
                                                                Rule.             person must be to receive
                                                                                  certain subsistence use
                                                                                  permits and removed the
                                                                                  requirement that Regional
                                                                                  Councils must have an odd
                                                                                  number of members.
68 FR 23035...................  April 30, 2003...............  Affirmation of    Received non adverse comments
                                                                Direct Final      on the direct final rule (68
                                                                Rule.             FR 7703). Adopted direct final
                                                                                  rule.
69 FR 60957...................  October 14, 2004.............  Final Rule......  Established Regional Council
                                                                                  membership goals.
----------------------------------------------------------------------------------------------------------------

    An environmental assessment was prepared in 1997 on the expansion 
of Federal jurisdiction over fisheries and is available by contacting 
the office listed under FOR FURTHER INFORMATION CONTACT. The Secretary 
of the Interior with the concurrence of the Secretary of Agriculture 
determined that the expansion of Federal jurisdiction did not 
constitute a major Federal action significantly affecting the human 
environment, and therefore, signed a Finding of No Significant Impact.

Compliance With Section 810 of ANILCA

    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. A Section 810 analysis was completed as part of the FEIS 
process. The final Section 810 analysis determination appeared in the 
April 6, 1992, ROD, which concluded that the Federal Subsistence 
Management Program may have some local impacts on subsistence uses, but 
the program is not likely to significantly restrict subsistence uses.

Paperwork Reduction Act

    These rules contain no new information collection requirements 
subject to Office of Management and Budget (OMB) approval under the 
Paperwork Reduction Act of 1995. They apply to the use of public lands 
in Alaska. The information collection requirements described in the 
rule were approved by OMB under 44 U.S.C. 3501 and were assigned 
clearance number 1018-0075, which expires August 31, 2006. We will not 
conduct or sponsor, and you are not required to respond to, a 
collection of information request unless it displays a currently valid 
OMB control number.

Other Requirements

    Economic Effects--This rule is not a significant rule subject to 
OMB review under Executive Order 12866. This rulemaking will impose no 
significant costs on small entities; this rule does not restrict any 
existing sport or commercial fishery on the public lands, and 
subsistence fisheries will continue at essentially the same levels as 
they presently occur. The number of businesses and the amount of trade 
that will result from this Federal-land related activity is unknown but 
expected to be insignificant.
    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) 
requires preparation of regulatory flexibility analyses for rules that 
will have a significant economic effect on a substantial number of 
small entities, which include small businesses, organizations, or 
governmental jurisdictions. The Departments have determined 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.
    This rulemaking will impose no significant costs on small entities; 
the exact number of businesses and the amount of trade that will result 
from this Federal-land related activity is unknown. The number of small 
entities affected is unknown; however, the fact that the effects will 
be seasonal in nature and will, in most cases, not impact continuing 
preexisting uses of public lands indicates that the effects will not be 
significant.
    Title VIII of ANILCA requires the Secretaries to administer a 
subsistence preference on public lands. The scope of this program is 
limited by definition to certain public lands. Likewise, these 
regulations have no potential takings of private property implications 
as defined by Executive Order 12630.
    The Service has determined and certifies pursuant to the Unfunded 
Mandates Reform Act, 2 U.S.C. 1502 et seq., that this rulemaking will 
not impose a cost of $100 million or more in any given year on local or 
State governments or private entities. The implementation of this rule 
is by Federal agencies, and no cost is involved to any State or local 
entities or Tribal governments.
    The Service has determined that these final regulations meet the 
applicable

[[Page 76407]]

standards provided in Sections 3(a) and 3(b)(2) of Executive Order 
12988 on Civil Justice Reform.
    In accordance with Executive Order 13132, the rule does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Assessment. Title VIII of ANILCA precludes the State from 
exercising management authority over wildlife resources on Federal 
lands.
    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951), 512 DM 2, and E.O. 13175, we have 
evaluated possible effects on Federally recognized Indian tribes and 
have determined that there are no effects. The Bureau of Indian Affairs 
is a participating agency in this rulemaking.
    On May 18, 2001, the President issued Executive Order 13211 on 
regulations that significantly affect energy supply, distribution, or 
use. This Executive Order requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. As this rule is not a 
significant regulatory action under Executive Order 13211, affecting 
energy supply, distribution, or use, this action is not a significant 
action and no Statement of Energy Effects is required.
    William Knauer drafted these regulations under the guidance of 
Thomas H. Boyd of the Office of Subsistence Management, Alaska Regional 
Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. Dennis Tol 
and Taylor Brelsford, Alaska State Office, Bureau of Land Management; 
Greg Bos, Carl Jack, Rod Simmons, and Jerry Berg, Alaska Regional 
Office, U.S. Fish and Wildlife Service; Sandy Rabinowitch and Nancy 
Swanton, Alaska Regional Office, National Park Service; Warren 
Eastland, Pat Petrivelli, and Dr. Glenn Chen, Alaska Regional Office, 
Bureau of Indian Affairs; and Steve Kessler, Alaska Regional Office, 
USDA--Forest Service provided additional guidance.

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.

0
For the reasons set out in the preamble, the Secretaries amend Title 
36, part 242, and Title 50, part 100, of the Code of Federal 
Regulations, 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. 
355i-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, Sec.  ----.3 is 
revised to read as follows:


Sec.  ----.3  Applicability and scope.

    (a) The regulations in this part implement the provisions of Title 
VIII or ANILCA relevant to the taking of fish and wildlife on public 
land in the State of Alaska. The regulations in this part do not permit 
subsistence uses in Glacier Bay National Park, Kenai Fjords National 
Park, Katmai National Park, and that poortion of Denali National Park 
established as Mt. McKinley National Park prior to passage of ANILCA, 
where subsistence taking and uses are prohibited. The regulations in 
this part do not supersede agency-specific regulations.
    (b) The regulations contained in this part apply on all public 
lands, including all inland waters, both navigable and non-navigable, 
within and adjacent to the exterior boundaries of the following areas, 
and on the marine waters as identified in the following areas:
    (1) Alaska Maritime National Wildlife Refuge, including the:
    (i) Karluk Subunit: All of the submerged land and water of the 
Pacific Ocean (Sheliokof Strait) extending 3,000 feet from the 
shoreline between a point on the spit at the meander corner common to 
Sections 35 and 36 of Township 30 South, Range 33 West, and a point 
approximately 1\1/4\ miles east of Rocky Point within Section 14 of 
Township 29 South, Range 31, West, Seward Meridian as described in 
Public Land Order 128, dated June 19, 1943;
    (ii) Womens Bay Subunit: Womens Bay, Gibson Cove, portions of St. 
Paul Harbor and Chiniak Bay: All of the submerged land and water as 
described in Public Land Order 1182, dated July 7, 1955 (U.S. Survey 
21539);
    (iii) Afognak Island Subunit: A submerged lands and waters of the 
Pacific Ocean lying within 3 miles of the shoreline as described in 
Proclamation No. 39, dated December 24, 1892;
    (iv) Simeonof Subunit: All of the submerged land and water of 
Simeonof Island together with the adjacent waters of the Pacific Ocean 
extending 1 mile from the shoreline as described in Public Land Order 
1749, dated October 30, 1958; and
    (v) Semidi Subunit: All of the submerged land and water of the 
Semidi Islands together with the adjacent waters of the Pacific Ocean 
lying between parallels 55[deg]57'57''00-56[deg]15'57''00 North 
Latitute and 156[deg]30'00''-157[deg]00'00'' West Longitude as 
described in Executive Order 5858, dated June 17, 1932;
    (2) Arctic National Wildlife Refuge, including those waters 
shoreward of the line of extreme low water starting in the vicinity of 
Monument 1 at the intersection of the International Boundary line 
between the State of Alaska and the Yukon Territory; Canada, and 
extending westerly, along the line of extreme low water across the 
entrances of lagoons such that all offshore bars, reefs and islands, 
and lagoons that separate them from the mainland to Brownlow Point, 
approximately 70 10' North Latitude and 145 51' West Longitude;
    (3) National Petroleum Reserve in Alaska, including those waters 
shoreward of a line beginning at the western bank of the Colville River 
following the highest highwater mark westerly, extending across the 
entrances of small lagoons, including Pearl Bay, Wainwright Inlet, the 
Kuk River, Kugrau Bay and River, and other small bays and river 
estuaries, and following the ocean side of barrier islands and 
sandspits within three miles of shore and the ocean side of the Plover 
Islands, to the northwestern extremity of Icy cape, at approximately 
70[deg]21' North Latitute and 161 46' West Longitude; and
    (4) Yukon Delta National Wildlife Refuge, including Nunivak Island: 
the submerged land and water of Nunivak Island together with the 
adjacent waters of the Bering Sea extending, for Federal Subsistence 
Management purposes, 3 miles from the shoreline of Nunivak Island as 
described in Executive Order No. 5059, dated April 15, 1929.
    (c) The regulations contained in this part apply on all public 
lands, excluding marine waters, but including all inland waters, both 
navigable and non-navigable, within and adjacent to the exterior 
boundaries of the following areas:

(1) Alaska Peninsula National Wildlife Refuge;
(2) Aniakchak National Monument and Preserve;
(3) Becharof National Wildlife Refuge;

[[Page 76408]]

(4) Bering Land Bridge National Preserve;
(5) Cape Krusenstern National Monument;
(6) Chugach National Forest;
(7) Denali National Preserve and the 1980 additions to Denali National 
Park;
(8) Gates of the Arctic National Park and Preserve;
(9) Glacier Bay National Preserve;
(10) Innoko National Wildlife Refuge;
(11) Izembek National Wildlife Refuge;
(12) Kanuti National Wildlife Refuge;
(13) Katmai National Preserve;
(14) Kenai National Wildlife Refuge;
(15) Kobuk Valley National Park;
(16) Kodiak National Wildlife Refuge;
(17) Koyukuk National Wildlife Refuge;
(18) Lake Clark National Park and Preserve;
(19) Noatak National Preserve;
(20) Nowitna National Wildlife Refuge;
(21) Selawik National Wildlife Refuge;
(22) Steese National Conservation Area;
(23) Tetlin National Wildlife Refuge;
(24) Togiak National Wildlife Refuge;
(25) Tongass National Forest, including Admiralty Island National 
Monument and Misty Fjords National Monument;
(26) White Mountain National Recreation Area;
(27) Wrangell-St. Elias National Park and Preserve;
(28) Yukon-Charley Rivers National Preserve;
(29) Yukon Flats National Wildlife Refuge;
(30) All components of the Wild and Scenic River System located outside 
the boundaries of National Parks, National Preserves, or National 
Wildlife Refuges, including segments of the Alagnak River, Beaver 
Creek, Birch Creek, Delta River, Fortymile River, Gulkana River, and 
Unalakleet River.

    (d) The regulations contained in this part apply on all other 
public lands, other than to the military, U.S. Coast Guard, and Federal 
Aviation Administration lands that are closed to access by the general 
public, including all non-navigable waters located on these lands.
    (e) The public lands described in paragraphs (b) and (c) of this 
section remain subject to change through rulemaking pending a 
Department of the Interior review of title and jurisdictional issues 
regarding certain submerged lands beneath navigable waters in Alaska.

    Dated: December 12, 2005.
Gale A. Norton,
Secretary of the Interior, Department of the Interior.

    Dated: December 15, 2005.
Dennis E. Bschor,
Regional Forester, USDA Forest Service.
[FR Doc. 05-24340 Filed 12-23-05; 8:45 am]
BILLING CODE 3410-11-M; 4310-55-M