Subsistence Management Program for Public Lands in Alaska, 33391-33392 [2012-13673]
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Federal Register / Vol. 77, No. 109 / Wednesday, June 6, 2012 / Notices
(CFR): 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
the following subparts: Subpart A,
General Provisions; Subpart B, Program
Structure; Subpart C, Board
Determinations; and Subpart D,
Subsistence Taking of Fish and Wildlife.
DEPARTMENT OF AGRICULTURE
Forest Service
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R7–SM–2012–N044;
FXFR13350700640L6–123–FF07J00000]
Subsistence Management Program for
Public Lands in Alaska
Forest Service, Agriculture;
Fish and Wildlife Service, Interior.
ACTION: Notice.
AGENCY:
The Departments, in
compliance with the determinations of
the District Court in Peratrovich v.
United States, No. 3:92–cv–00734–HRH
(D. Alaska), announce the initiation of
reviews of pre-statehood withdrawals
and reservations in the Tongass
National Forest. These reviews, as
ordered by the United States District
Court for the District of Alaska, will be
used in regulatory proceedings for the
purpose of implementing Title VIII of
the Alaska National Interest Lands
Conservation Act with respect to
submerged public lands within the
Tongass National Forest.
FOR FURTHER INFORMATION CONTACT:
Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service,
Attention: Peter J. Probasco, Office of
Subsistence Management; (907) 786–
3888 or subsistence@fws.gov. For
questions specific to National Forest
System lands, contact Steve Kessler,
Regional Subsistence Program Leader,
USDA, Forest Service, Alaska Region;
(907) 743–9461 or skessler@fs.fed.us.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
Background
Under Title VIII of the Alaska
National Interest Lands Conservation
Act (ANILCA) (16 U.S.C. 3111–3126),
the Secretary of the Interior and the
Secretary of Agriculture (Secretaries)
jointly implement the Federal
Subsistence Management Program. This
Program provides a priority for taking of
fish and wildlife resources for
subsistence uses on Federal public
lands and waters in Alaska. The
Secretaries published temporary
regulations to implement this Program
in the Federal Register on June 29, 1990
(55 FR 27114), and final regulations in
the Federal Register on May 29, 1992
(57 FR 22940). The Secretaries have
amended these regulations a number of
times. Because this Program is a joint
effort between Interior and Agriculture,
these regulations are located in two
titles of the Code of Federal Regulations
VerDate Mar<15>2010
19:20 Jun 05, 2012
Jkt 226001
Litigation
In Peratrovich v. United States, No.
3:92–cv–00734–HRH (D. Alaska), the
plaintiffs challenged, in part, the failure
to include as public lands, subject to the
priority under Title VIII of ANILCA (16
U.S.C. 3113–3126), certain marine
waters in the Tongass National Forest.
In its May 31, 2011, order, the Court
partially held in favor of the plaintiffs.
The Court stated that ‘‘it is the duty of
the Secretaries [Agriculture & Interior]
to identify any submerged lands (and
the marine waters overlying them)
within the Tongass National Forest to
which the United States holds title.’’
Because, if such title exists, it ‘‘creates
an interest in [the overlying] waters
sufficient to make those marine waters
public lands for purposes of [the
subsistence provisions] of ANILCA.’’
In the regulations, the Secretaries
excluded the marine waters within the
Tongass National Forest as public lands
subject to the subsistence priority since
marine waters within the exterior
boundaries of a National Forest are not
subject to reserved water rights.
Subsequently, the United States also
disclaimed interest in the marine
submerged lands within the exterior
boundaries of the Tongass National
Forest in Alaska v. United States, No.
128 Orig., 546 U.S. 413 (2006).
In that case, the State of Alaska sought
to quiet title to lands underlying marine
waters within the boundaries of the
Tongass National Forest and elsewhere
within southeastern Alaska. In the
course of that litigation, the United
States disclaimed ownership to
submerged lands in the Tongass
National Forest, with some exceptions
that generally involve small tracts,
Alaska v. United States, 546 U.S. at 415.
The Supreme Court accepted the
disclaimer.
When the United States assumed
control over the subsistence program in
Alaska in 1990, the Secretaries
responded to comments on the scope of
the program during promulgation of the
interim regulations, published in the
Federal Register on June 29, 1990 (55
FR 27114). The Secretaries stated that
‘‘the United States generally does not
hold title to navigable waters and thus
navigable waters generally are not
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
33391
included within the definition of public
lands.’’ That position was changed in
1999 when the subsistence priority was
extended to waters subject to a Federal
reserved water right in the Katie John
litigation. Alaska v. Babbitt, 72 F. 3d
698 (9th Cir. 1995). Later the Secretaries
identified certain submerged marine
lands that did not pass to the State
where the subsistence priority applied.
The regulations recognized that
additional marine waters might
subsequently be determined to be public
lands. Over the years, small areas of
submerged marine lands in the Tongass
National Forest have been identified as
public lands subject to the subsistence
priority (71 FR 49997, August 24, 2006,
as amended by 74 FR 34696, July 17,
2009).
The court acknowledged in its order
that inventorying all these lands could
be an expensive undertaking, but that it
is a burden ‘‘necessitated by the
‘complicated regulatory scheme’ which
has resulted from the inability of the
State of Alaska to implement Title VIII
of ANILCA.’’
In its October 17, 2011, order, the
court ‘‘enjoined’’ the United States ‘‘to
promptly initiate regulatory proceedings
for the purpose of implementing the
subsistence provisions in Title VIII of
ANILCA with respect to submerged
public lands within Tongass National
Forest’’ and directed entry of judgment.
Purpose of Notice
To comply with the order, the Federal
Subsistence Board is proceeding to
identify for the Secretaries those
submerged lands within the Tongass
National Forest that did not pass to the
State at statehood and that are subject to
Title VIII of ANILCA.
The Bureau of Land Management
(BLM) has commenced the review of
pre-statehood (January 3, 1959)
withdrawals of submerged lands in the
marine waters of the Tongass National
Forest following the Court’s May 31,
2011, order that preceded the final
October 17, 2011, order. The BLM
review process is proceeding. In
addition to BLM, the U.S. Forest Service
has started its review of records to
identify lands filled in, built up, or
otherwise reclaimed by the United
States for its own use prior to Alaska
statehood, and other areas that may not
have passed to the State at statehood.
This notice announces to the public,
including rural Alaska residents and
federally recognized Tribes of Alaska,
the initiation of reviews of prestatehood withdrawals in the Tongass
National Forest. When final, these
E:\FR\FM\06JNN1.SGM
06JNN1
33392
Federal Register / Vol. 77, No. 109 / Wednesday, June 6, 2012 / Notices
reviews will be used in regulatory
proceedings, either by the Secretaries, or
the Board, for the purpose of
implementing Title VIII of ANILCA with
respect to submerged public lands
within the Tongass National Forest, as
ordered by the U.S. District Court for
Alaska.
Dated: May 11, 2012.
Peter J. Probasco,
Assistant Regional Director, U.S. Fish and
Wildlife Service, Acting Chair, Federal
Subsistence Board.
Steve Kessler,
Subsistence Program Leader, USDA—Forest
Service.
[FR Doc. 2012–13673 Filed 6–5–12; 8:45 am]
BILLING CODE 3410–11–P–4310–55–P
DEPARTMENT OF AGRICULTURE
National Institute of Food and
Agriculture
Notice of Intent to Request an
Extension of a Currently Approved
Information Collection
National Institute of Food and
Agriculture, USDA
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the Office
of Management and Budget (OMB)
regulations that implement the
Paperwork Reduction Act of 1995, this
notice announces the National Institute
of Food and Agriculture’s (NIFA)
intention to request approval for an
extension of a currently approved
information collection for Children,
Youth, and Families at Risk (CYFAR).
DATES: Written comments on this notice
must be received by August 6, 2012 to
be assured of consideration. Comments
received after that date will be
considered to the extent practicable.
ADDRESSES: Written comments
concerning this notice and requests for
copies of the information collection may
be submitted by any of the following
methods: Email:
gmendez@nifa.usda.gov; Fax: 202–720–
0857; Mail: Office of Information
Technology (OIT), NIFA, USDA, STOP
2216, 1400 Independence Avenue SW.,
Washington, DC 20250–2216.
FOR FURTHER INFORMATION CONTACT:
Gidel Mendez, eGovernment Program
Leader; Email: gmendez@nifa.usda.gov.
SUPPLEMENTARY INFORMATION: Title:
Children, Youth, and Families at Risk
(CYFAR) Year End Report.
OMB Number: 0524–0043.
Expiration Date of Current Approval:
January 31, 2011
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
17:24 Jun 05, 2012
Jkt 226001
Type of Request: Intent to seek
approval for the extension of a currently
approved information collection for
three years.
Abstract: Funding for the Children,
Youth, and Families at Risk (CYFAR)
community project grants is authorized
under section 3(d) of the Smith-Lever
Act (7 U.S.C. 341 et seq.), as amended,
and other relevant authorizing
legislation, which provides
jurisdictional basis for the establishment
and operation of extension educational
work for the benefit of youth and
families in communities. The CYFAR
funding program supports communitybased programs serving children, youth,
and families in at-risk environments.
CYFAR funds are intended to support
the development of high quality,
effective programs based on research
and to document the impact of these
programs on intended audiences. The
CYFAR Year End Report collects
demographic and impact data from each
community site to conduct impact
evaluations of the programs on its
intended audience.
The collection of information serves
several purposes. It allows NIFA staff to
gauge whether the program is reaching
the target audience and make
programmatic improvements. This
collection also allows program staff to
demonstrate the impacts that are
realized as well as program capacity that
is realized in the locales where federal
assistance is provided.
The evaluation processes of CYFAR
are consistent with the requirements of
Congressional legislation and OMB. The
Government Performance and Results
Act (GPRA) of 1993 (Pub. L. 103–62),
the Federal Activities Inventory Reform
Act (FAIR Act) (Pub. L. 105–207), and
the Agricultural, Research, Extension
and Education Reform Act (AREERA) of
1998 (Pub. L. 105–185), together with
OMB requirements, support the
reporting requirements requested in this
information collection. One of the five
Presidential Management Agenda
initiatives, Budget and Performance
Integration, builds on GPRA and earlier
efforts to identify program goals and
performance measures, and link them to
the budget process. The FAIR Act
requires the development and
implementation of a system to monitor
and evaluate agricultural research and
extension activities in order to measure
the impact and effectiveness of research,
extension, and education programs.
AREERA requires a performance
evaluation to be conducted to determine
whether federally funded agricultural
research, extension, and education
programs result in public benefits that
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
have national or multi-state
significance.
The immediate need of this
information collection is to provide a
means for satisfying accountability
requirements. The long term objective is
to provide a means to enable the
evaluation and assessment of the
effectiveness of programs receiving
federal funds and to fully satisfy
requirements of performance and
accountability legislation in GPRA, the
FAIR Act, and AREERA.
Estimate of Burden: There are
currently CYFAR projects in 48 states
and 3 territories. Each state and territory
is required to submit an annual year-end
report which includes demographic and
impact data on each of the community
projects. NIFA estimates the burden of
this collection to be 322 hours per
response. There are currently 51
respondents, thus making the total
annual burden of this collection an
estimated 16,422 hours.
Comments: Comments are invited on:
(a) Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Agency, including whether the
information will have practical utility;
(b) the accuracy of the Agency’s
estimate of the burden of the proposed
collection of information; (c) ways to
enhance the quality, utility and clarity
of the information to be collected; and
(d) ways to minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology.
All responses to this notice will be
summarized and included in the request
to OMB for approval. All comments will
become a matter of public record.
Done in Washington, DC, this 29th day of
May, 2012.
Catherine E. Woteki,
Under Secretary, Research, Education, and
Economics.
[FR Doc. 2012–13728 Filed 6–5–12; 8:45 am]
BILLING CODE 3410–22–P
DEPARTMENT OF AGRICULTURE
National Institute of Food and
Agriculture
Notice of Intent To Extend a Currently
Approved Information Collection
National Institute of Food and
Agriculture, USDA.
ACTION: Notice and request for
comments.
AGENCY:
E:\FR\FM\06JNN1.SGM
06JNN1
Agencies
[Federal Register Volume 77, Number 109 (Wednesday, June 6, 2012)]
[Notices]
[Pages 33391-33392]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13673]
[[Page 33391]]
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DEPARTMENT OF AGRICULTURE
Forest Service
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R7-SM-2012-N044; FXFR13350700640L6-123-FF07J00000]
Subsistence Management Program for Public Lands in Alaska
AGENCY: Forest Service, Agriculture; Fish and Wildlife Service,
Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Departments, in compliance with the determinations of the
District Court in Peratrovich v. United States, No. 3:92-cv-00734-HRH
(D. Alaska), announce the initiation of reviews of pre-statehood
withdrawals and reservations in the Tongass National Forest. These
reviews, as ordered by the United States District Court for the
District of Alaska, will be used in regulatory proceedings for the
purpose of implementing Title VIII of the Alaska National Interest
Lands Conservation Act with respect to submerged public lands within
the Tongass National Forest.
FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service, Attention: Peter J. Probasco, Office of
Subsistence Management; (907) 786-3888 or subsistence@fws.gov. For
questions specific to National Forest System lands, contact Steve
Kessler, Regional Subsistence Program Leader, USDA, Forest Service,
Alaska Region; (907) 743-9461 or skessler@fs.fed.us.
SUPPLEMENTARY INFORMATION:
Background
Under Title VIII of the Alaska National Interest Lands Conservation
Act (ANILCA) (16 U.S.C. 3111-3126), the Secretary of the Interior and
the Secretary of Agriculture (Secretaries) jointly implement the
Federal Subsistence Management Program. This Program provides a
priority for taking of fish and wildlife resources for subsistence uses
on Federal public lands and waters in Alaska. The Secretaries published
temporary regulations to implement this Program in the Federal Register
on June 29, 1990 (55 FR 27114), and final regulations in the Federal
Register on May 29, 1992 (57 FR 22940). The Secretaries have amended
these regulations a number of times. Because this Program is a joint
effort between Interior and Agriculture, these regulations are located
in two titles of the Code of Federal Regulations (CFR): Title 36,
``Parks, Forests, and Public Property,'' and Title 50, ``Wildlife and
Fisheries,'' at 36 CFR 242.1-28 and 50 CFR 100.1-28, respectively. The
regulations contain the following subparts: Subpart A, General
Provisions; Subpart B, Program Structure; Subpart C, Board
Determinations; and Subpart D, Subsistence Taking of Fish and Wildlife.
Litigation
In Peratrovich v. United States, No. 3:92-cv-00734-HRH (D. Alaska),
the plaintiffs challenged, in part, the failure to include as public
lands, subject to the priority under Title VIII of ANILCA (16 U.S.C.
3113-3126), certain marine waters in the Tongass National Forest. In
its May 31, 2011, order, the Court partially held in favor of the
plaintiffs. The Court stated that ``it is the duty of the Secretaries
[Agriculture & Interior] to identify any submerged lands (and the
marine waters overlying them) within the Tongass National Forest to
which the United States holds title.'' Because, if such title exists,
it ``creates an interest in [the overlying] waters sufficient to make
those marine waters public lands for purposes of [the subsistence
provisions] of ANILCA.''
In the regulations, the Secretaries excluded the marine waters
within the Tongass National Forest as public lands subject to the
subsistence priority since marine waters within the exterior boundaries
of a National Forest are not subject to reserved water rights.
Subsequently, the United States also disclaimed interest in the marine
submerged lands within the exterior boundaries of the Tongass National
Forest in Alaska v. United States, No. 128 Orig., 546 U.S. 413 (2006).
In that case, the State of Alaska sought to quiet title to lands
underlying marine waters within the boundaries of the Tongass National
Forest and elsewhere within southeastern Alaska. In the course of that
litigation, the United States disclaimed ownership to submerged lands
in the Tongass National Forest, with some exceptions that generally
involve small tracts, Alaska v. United States, 546 U.S. at 415. The
Supreme Court accepted the disclaimer.
When the United States assumed control over the subsistence program
in Alaska in 1990, the Secretaries responded to comments on the scope
of the program during promulgation of the interim regulations,
published in the Federal Register on June 29, 1990 (55 FR 27114). The
Secretaries stated that ``the United States generally does not hold
title to navigable waters and thus navigable waters generally are not
included within the definition of public lands.'' That position was
changed in 1999 when the subsistence priority was extended to waters
subject to a Federal reserved water right in the Katie John litigation.
Alaska v. Babbitt, 72 F. 3d 698 (9th Cir. 1995). Later the Secretaries
identified certain submerged marine lands that did not pass to the
State where the subsistence priority applied. The regulations
recognized that additional marine waters might subsequently be
determined to be public lands. Over the years, small areas of submerged
marine lands in the Tongass National Forest have been identified as
public lands subject to the subsistence priority (71 FR 49997, August
24, 2006, as amended by 74 FR 34696, July 17, 2009).
The court acknowledged in its order that inventorying all these
lands could be an expensive undertaking, but that it is a burden
``necessitated by the `complicated regulatory scheme' which has
resulted from the inability of the State of Alaska to implement Title
VIII of ANILCA.''
In its October 17, 2011, order, the court ``enjoined'' the United
States ``to promptly initiate regulatory proceedings for the purpose of
implementing the subsistence provisions in Title VIII of ANILCA with
respect to submerged public lands within Tongass National Forest'' and
directed entry of judgment.
Purpose of Notice
To comply with the order, the Federal Subsistence Board is
proceeding to identify for the Secretaries those submerged lands within
the Tongass National Forest that did not pass to the State at statehood
and that are subject to Title VIII of ANILCA.
The Bureau of Land Management (BLM) has commenced the review of
pre-statehood (January 3, 1959) withdrawals of submerged lands in the
marine waters of the Tongass National Forest following the Court's May
31, 2011, order that preceded the final October 17, 2011, order. The
BLM review process is proceeding. In addition to BLM, the U.S. Forest
Service has started its review of records to identify lands filled in,
built up, or otherwise reclaimed by the United States for its own use
prior to Alaska statehood, and other areas that may not have passed to
the State at statehood.
This notice announces to the public, including rural Alaska
residents and federally recognized Tribes of Alaska, the initiation of
reviews of pre-statehood withdrawals in the Tongass National Forest.
When final, these
[[Page 33392]]
reviews will be used in regulatory proceedings, either by the
Secretaries, or the Board, for the purpose of implementing Title VIII
of ANILCA with respect to submerged public lands within the Tongass
National Forest, as ordered by the U.S. District Court for Alaska.
Dated: May 11, 2012.
Peter J. Probasco,
Assistant Regional Director, U.S. Fish and Wildlife Service, Acting
Chair, Federal Subsistence Board.
Steve Kessler,
Subsistence Program Leader, USDA--Forest Service.
[FR Doc. 2012-13673 Filed 6-5-12; 8:45 am]
BILLING CODE 3410-11-P-4310-55-P