Subsistence Management Regulations for Public Lands in Alaska-Applicability and Scope; Tongass National Forest Submerged Lands, 36836-36842 [2016-13374]
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applicants by the proposed priority
would be limited to paperwork burden
related to preparing an application for a
discretionary grant program that is using
the priority in its competition. Because
the costs of carrying out activities would
be paid for with program funds, the
costs of implementation would not be a
burden for any eligible applicants,
including small entities.
Regulatory Flexibility Act
Certification: For these reasons as well,
the Secretary certifies that these
proposed regulations would not have a
significant economic impact on a
substantial number of small entities.
Intergovernmental Review: Some of
the programs affected by this proposed
priority are subject to Executive Order
12372 and the regulations in 34 CFR
part 79. One of the objectives of the
Executive order is to foster an
intergovernmental partnership and a
strengthened federalism. The Executive
order relies on processes developed by
State and local governments for
coordination and review of proposed
Federal financial assistance.
This document provides early
notification of our specific plans and
actions for these programs.
Accessible Format: Individuals with
disabilities can obtain this document in
an accessible format (e.g., Braille, large
print, audiotape, or compact disc) on
request to the program contact person
listed under FOR FURTHER INFORMATION
CONTACT.
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John B. King, Jr.,
Secretary of Education.
[FR Doc. 2016–13456 Filed 6–7–16; 8:45 am]
BILLING CODE 4000–01–P
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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
[Docket No. FWS–R7–SM–2015–0159;
FXRS12610700000167–FF07J00000; FBMS#
4500088147]
RIN 1018–BB22
Subsistence Management Regulations
for Public Lands in Alaska—
Applicability and Scope; Tongass
National Forest Submerged Lands
Forest Service, Agriculture;
Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
AGENCY:
The U.S. District Court for
Alaska in its October 17, 2011, order in
Peratrovich et al. v. United States and
the State of Alaska, 3:92-cv–0734–HRH
(D. Alaska), enjoined the United States
‘‘to promptly initiate regulatory
proceedings for the purpose of
implementing the subsistence
provisions in Title VIII of the Alaska
National Interest Lands Conservation
Act (ANILCA) with respect to
submerged public lands within Tongass
National Forest’’ and directed entry of
judgment. To comply with the order, the
Federal Subsistence Board (Board) must
initiate a regulatory proceeding to
identify those submerged lands within
the Tongass National Forest that did not
pass to the State of Alaska at statehood
and, therefore, remain Federal public
lands subject to the subsistence
provisions of ANILCA.
Following the Court’s decision, the
Bureau of Land Management (BLM) and
the USDA–Forest Service (USDA–FS)
started a review of hundreds of potential
pre-statehood (January 3, 1959)
withdrawals in the marine waters of the
Tongass National Forest. In April and
October of 2015, BLM submitted initial
lists of submerged public lands to the
Board. This proposed rule would add
those submerged parcels to the
subsistence regulations to ensure
compliance with the Court order.
Additional listings will be published as
BLM and the USDA–FS continue their
review of pre-statehood withdrawals.
DATES: Public comments: Comments on
this proposed rule must be received or
postmarked by August 8, 2016.
Public meetings: The Federal
Subsistence Regional Advisory Councils
SUMMARY:
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(Councils) will hold public meetings to
receive comments on this proposed rule
on several dates between September 28
and November 2, 2016, and make
recommendations to the Federal
Subsistence Board. The Board will
discuss and evaluate proposed
regulatory changes during a public
meeting in Anchorage, AK, in January
2017. See SUPPLEMENTARY INFORMATION
for specific information on dates and
locations of the public meetings.
ADDRESSES: Public meetings: The
Federal Subsistence Board and the
Federal Subsistence Regional Advisory
Councils’ public meetings will be held
at various locations in Alaska. See
SUPPLEMENTARY INFORMATION for specific
information on dates and locations of
the public meetings.
Public comments: You may submit
comments by one of the following
methods:
• Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov and search for
FWS–R7–SM–2015–0159, which is the
docket number for this rulemaking.
• By hard copy: U.S. mail or handdelivery to: USFWS, Office of
Subsistence Management, 1011 East
Tudor Road, MS 121, Attn: Theo
Matuskowitz, Anchorage, AK 99503–
6199.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see the
Public Review Process section below for
more information).
FOR FURTHER INFORMATION CONTACT:
Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service,
Attention: Eugene R. Peltola, Jr., Office
of Subsistence Management; (907) 786–
3888 or subsistence@fws.gov. For
questions specific to National Forest
System lands, contact Thomas Whitford,
Regional Subsistence Program Leader,
USDA, Forest Service, Alaska Region;
(907) 743–9461 or twhitford@fs.fed.us.
SUPPLEMENTARY INFORMATION:
Background
Under Title VIII of 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
preference for take of fish and wildlife
resources for subsistence uses on
Federal public lands and waters in
Alaska. The Secretaries published
temporary regulations to carry out this
program in the Federal Register on June
29, 1990 (55 FR 27114), and published
final regulations in the Federal Register
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on May 29, 1992 (57 FR 22940). The
program regulations have subsequently
been amended 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 242.1–242.28 and
50 CFR 100.1–100.28, 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 subpart B of these
regulations, the Secretaries established a
Federal Subsistence Board to administer
the Federal Subsistence Management
Program (Program). The Board
comprises:
• 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,
National Park Service;
• The Alaska State Director, Bureau
of Land Management;
• The Alaska Regional Director,
Bureau of Indian Affairs;
• The Alaska Regional Forester, U.S.
Forest Service; and
• Two public members appointed by
the Secretary of the Interior with
concurrence of the Secretary of
Agriculture.
Through the Board, these agencies
and public members participate in the
development of regulations for subparts
C and D, which, among other things, set
forth program eligibility and specific
harvest seasons and limits.
In administering the program, the
Secretaries divided Alaska into 10
subsistence resource regions, each of
which is represented by a Regional
Advisory Council (Council). The
Councils provide a forum for rural
residents with personal knowledge of
local conditions and resource
requirements to have a meaningful role
in the subsistence management of fish
and wildlife on Federal public lands in
Alaska. The Council members represent
varied geographical, cultural, and user
interests within each region.
Public Review Process—Comments and
Public Meetings
The Federal Subsistence Regional
Advisory Councils have a substantial
role in reviewing this proposed rule and
making recommendations for the final
rule. The Federal Subsistence Board,
through the Councils, will hold public
meetings on this proposed rule at the
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following locations in Alaska, on the
following dates:
Region 1—Southeast Regional Council,
Petersburg, October 4, 2016
Region 2—Southcentral Regional
Council, Anchorage, October 18, 2016
Region 3—Kodiak/Aleutians Regional
Council, Cold Bay, September 28,
2016
Region 4—Bristol Bay Regional Council,
Dillingham, October 26, 2016
Region 5—Yukon–Kuskokwim Delta
Regional Council, Bethel, October 12,
2016
Region 6—Western Interior Regional
Council, McGrath, October 11, 2016
Region 7—Seward Peninsula Regional
Council, Nome, November 1, 2016
Region 8—Northwest Arctic Regional
Council, Selawik, October 5, 2016
Region 9—Eastern Interior Regional
Council, Fort Yukon, October 25,
2016
Region 10—North Slope Regional
Council, Barrow, November 1, 2016
A public notice of specific dates,
times, and meeting locations will be
published in local and statewide
newspapers prior to each meeting.
Locations and dates may change based
on weather or local circumstances. The
Regional Advisory Council’s agenda
determines the length of each Council
meeting based on workload.
The Board will discuss and evaluate
submitted comments and public
testimony on this proposed rule during
a public meeting scheduled for January
2017 in Anchorage, Alaska. The Federal
Subsistence Regional Advisory Council
Chairs, or their designated
representatives, will present their
respective Councils’ recommendations
at the Board meeting. Additional public
testimony may be provided to the Board
on this proposed rule at that time. At
that public meeting, the Board will
deliberate and make final
recommendations to the Secretaries on
this proposed rule.
You may submit written comments
and materials concerning this proposed
rule by one of the methods listed in
ADDRESSES. If you submit a comment via
https://www.regulations.gov, your entire
comment, including any personal
identifying information, will be posted
on the Web site. If you submit a
hardcopy comment that includes
personal identifying information, you
may request at the top of your document
that we withhold this information from
public review. However, we cannot
guarantee that we will be able to do so.
We will post all hardcopy comments on
https://www.regulations.gov.
Comments and materials we receive,
as well as supporting documentation we
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used in preparing this proposed rule,
will be available for public inspection
on https://www.regulations.gov, or by
appointment, between 8 a.m. and 3
p.m., Monday through Friday, except
Federal holidays, at: USFWS, Office of
Subsistence Management, 1011 East
Tudor Road, Anchorage, AK 99503.
Reasonable Accommodations
The Federal Subsistence Board is
committed to providing access to these
meetings for all participants. Please
direct all requests for sign language
interpreting services, closed captioning,
or other accommodation needs to
Deborah Coble, 907–786–3880,
subsistence@fws.gov, or 800–877–8339
(TTY), seven business days prior to the
meeting you would like to attend.
Tribal Consultation and Comment
As expressed in Executive Order
13175, ‘‘Consultation and Coordination
with Indian Tribal Governments,’’ the
Federal officials that have been
delegated authority by the Secretaries
are committed to honoring the unique
government-to-government political
relationship that exists between the
Federal Government and Federally
Recognized Indian Tribes (Tribes) as
listed in 75 FR 60810 (October 1, 2010).
Consultation with Alaska Native
corporations is based on Public Law
108–199, div. H, Sec. 161, Jan. 23, 2004,
118 Stat. 452, as amended by Public
Law 108–447, div. H, title V, Sec. 518,
Dec. 8, 2004, 118 Stat. 3267, which
provides that: ‘‘The Director of the
Office of Management and Budget and
all Federal agencies shall hereafter
consult with Alaska Native corporations
on the same basis as Indian tribes under
Executive Order No. 13175.’’
The Alaska National Interest Lands
Conservation Act does not provide
specific rights to Tribes for the
subsistence taking of wildlife, fish, and
shellfish. However, because tribal
members are affected by subsistence
fishing, hunting, and trapping
regulations, the Secretaries, through the
Board, will provide Federally
recognized Tribes and Alaska Native
corporations an opportunity to consult
on this proposed rule.
The Board will engage in outreach
efforts for this proposed rule, including
a notification letter, to ensure that
Tribes and Alaska Native corporations
are advised of the mechanisms by which
they can participate. The Board
provides a variety of opportunities for
consultation: Proposing changes to the
existing rule; commenting on proposed
changes to the existing rule; engaging in
dialogue at the Regional Advisory
Council meetings; engaging in dialogue
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at the Board’s meetings; and providing
input in person, by mail, email, or
phone at any time during the
rulemaking process. The Board will
commit to efficiently and adequately
providing an opportunity to Tribes and
Alaska Native corporations for
consultation in regard to subsistence
rulemaking.
The Board will consider Tribes’ and
Alaska Native corporations’
information, input, and
recommendations, and address their
concerns as much as practicable.
Jurisdictional Background and
Perspective
The Peratrovich case dates back to
1992 and has a long and involved
procedural history. The plaintiffs in that
litigation raised the question of which
marine waters in the Tongass National
Forest, if any, are subject to the
jurisdiction of the Federal Subsistence
Management Program. In its May 31,
2011, order, the U.S. District Court for
Alaska (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.’’ It also stated that, 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.’’
Most of the marine waters within the
Tongass National Forest were not
initially identified in the regulations as
public lands subject to the subsistence
priority based upon a determination that
the submerged lands were State lands,
and later through reliance upon a
disclaimer of interest filed by the United
States in Alaska v. United States, No.
128 Orig., 546 U.S. 413 (2006). In that
case, the State of Alaska had sought to
quiet title to all lands underlying marine
waters in southeast Alaska, which
includes most of the Tongass National
Forest. Ultimately, the United States
disclaimed ownership to most of the
submerged lands in the Tongass
National Forest. The Supreme Court
accepted the disclaimer by the United
States to title to the marine waters
within the Tongass National Forest,
excepting from that disclaimer several
classes of submerged public lands that
generally involve small tracts. Alaska v.
United States, 546 U.S. at 415.
When the United States took over the
subsistence program in Alaska in 1990,
the Departments of the Interior and
Agriculture stated in response to
comments on the scope of the program
during promulgation of the interim
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regulations 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’’ (55 FR
27115; June 29, 1990). That position was
changed in 1999 when the subsistence
priority was extended to waters subject
to a Federal reserved water right
following the Katie John litigation. The
Board identified certain submerged
marine lands that did not pass to the
State and, therefore, where the
subsistence priority applied. However,
the Board did not attempt to identify
each and every small parcel of
submerged public lands and thereby
marine water possibly subject to the
Federal Subsistence Management
Program because of the potentially
overwhelming administrative burden.
Instead the Board invited the public to
petition to have submerged marine
lands included. Over the years, several
small areas of submerged marine lands
in the Tongass National Forest have
been identified as public lands subject
to the subsistence priority.
In its May 31, 2011, order, the Court
stated that the petition process was not
sufficient and found that ‘‘concerns
about costs and management problems
simply cannot trump the congressional
policy that the subsistence lifestyle of
rural Alaskans be preserved as to public
lands.’’ 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.’’ The Court then ‘‘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.
The BLM and USDA–FS started a
time- and resource-consuming review of
hundreds of potential pre-statehood
(January 3, 1959) withdrawals in the
marine waters of the Tongass National
Forest. Both agencies are reviewing their
records to identify dock sites, log
transfer sites, and other areas that may
not have passed to the State at
statehood. The review process is
ongoing and expected to take quite some
time.
Developing the Applicability and
Scope; Tongass National Forest
Submerged Lands Proposed
Regulations
In April and October of 2015, BLM
submitted initial listings of parcels of
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submerged public lands to the Board.
This proposed rule will add those
listings to the subsistence regulations to
ensure compliance with the Court’s
order. Additional listings will be
published as BLM and USDA–FS
continue their reviews of pre-statehood
withdrawals. In addition, this proposed
rule would make nonsubstantive
changes to 36 CFR 242.3 and 50 CFR
100.3 to correct errors, such as
misspellings and punctuation errors,
which occur in the existing regulations.
Because this proposed rule concerns
public lands managed by an agency or
agencies in both the Departments of
Agriculture and the Interior, identical
text will be incorporated into 36 CFR
part 242 and 50 CFR part 100.
Compliance With Statutory and
Regulatory Authorities
National Environmental Policy Act
A Draft Environmental Impact
Statement that described four
alternatives for developing a Federal
Subsistence Management Program was
distributed for public comment on
October 7, 1991. The Final
Environmental Impact Statement (FEIS)
was published on February 28, 1992.
The Record of Decision (ROD) on
Subsistence Management for Federal
Public Lands in Alaska was signed April
6, 1992. The selected alternative in the
FEIS (Alternative IV) defined the
administrative framework of an annual
regulatory cycle for subsistence
regulations.
A 1997 environmental assessment
dealt with the expansion of Federal
jurisdiction over fisheries and is
available at the office listed under FOR
FURTHER INFORMATION CONTACT. The
Secretary of the Interior, with
concurrence of the Secretary of
Agriculture, determined that expansion
of Federal jurisdiction does not
constitute a major Federal action
significantly affecting the human
environment and, therefore, signed a
Finding of No Significant Impact.
Section 810 of ANILCA
An ANILCA § 810 analysis was
completed as part of the FEIS process on
the Federal Subsistence Management
Program. 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. The final § 810
analysis determination appeared in the
April 6, 1992, ROD and concluded that
the Federal Subsistence Management
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Program, under Alternative IV with an
annual process for setting subsistence
regulations, may have some local
impacts on subsistence uses, but will
not likely restrict subsistence uses
significantly.
During the subsequent environmental
assessment process for extending
fisheries jurisdiction, an evaluation of
the effects of the subsistence program
regulations was conducted in
accordance with § 810. This evaluation
also supported the Secretaries’
determination that the regulations will
not reach the ‘‘may significantly
restrict’’ threshold that would require
notice and hearings under ANILCA
§ 810(a).
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Paperwork Reduction Act of 1995 (PRA)
This proposed rule does not contain
any new collections of information that
require Office of Management and
Budget (OMB) approval under the PRA
(44 U.S.C. 3501 et seq.) OMB has
reviewed and approved the collections
of information associated with the
subsistence regulations at 36 CFR 242
and 50 CFR 100, and assigned OMB
Control Number 1018–0075. We may
not conduct or sponsor and you are not
required to respond to a collection of
information unless it displays a
currently valid OMB control number.
Regulatory Planning and Review
(Executive Order 12866)
Executive Order 12866 provides that
the Office of Information and Regulatory
Affairs (OIRA) in the Office of
Management and Budget will review all
significant rules. OIRA has determined
that this proposed rule is not significant.
Executive Order 13563 reaffirms the
principles of E.O. 12866 while calling
for improvements in the nation’s
regulatory system to promote
predictability, to reduce uncertainty,
and to use the best, most innovative,
and least burdensome tools for
achieving regulatory ends. The
executive order directs agencies to
consider regulatory approaches that
reduce burdens and maintain flexibility
and freedom of choice for the public
where these approaches are relevant,
feasible, and consistent with regulatory
objectives. E.O. 13563 emphasizes
further that regulations must be based
on the best available science and that
the rulemaking process must allow for
public participation and an open
exchange of ideas. We have developed
this proposed rule in a manner
consistent with these requirements.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980
(5 U.S.C. 601 et seq.) requires
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preparation of flexibility analyses for
rules that will have a significant effect
on a substantial number of small
entities, which include small
businesses, organizations, or
governmental jurisdictions. In general,
the resources to be harvested under this
proposed rule are already being
harvested and consumed by the local
harvester and do not result in an
additional dollar benefit to the
economy. However, we estimate that
two million pounds of meat are
harvested by subsistence users annually
and, if given an estimated dollar value
of $3.00 per pound, this amount would
equate to about $6 million in food value
statewide. Based upon the amounts and
values cited above, the Departments
certify 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.
Small Business Regulatory Enforcement
Fairness Act
Under the Small Business Regulatory
Enforcement Fairness Act (5 U.S.C. 801
et seq.), this proposed rule is not a major
rule. It will not have an effect on the
economy of $100 million or more, will
not cause a major increase in costs or
prices for consumers, and will not have
significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of U.S.-based enterprises to compete
with foreign-based enterprises.
Executive Order 12630
Title VIII of ANILCA requires the
Secretaries to administer a subsistence
priority on public lands. The scope of
this program is limited by definition to
certain public lands. Likewise, these
proposed regulations have no potential
takings of private property implications
as defined by Executive Order 12630.
Unfunded Mandates Reform Act
The Secretaries have determined and
certify pursuant to the Unfunded
Mandates Reform Act, 2 U.S.C. 1502 et
seq., that this proposed 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 there is no cost
imposed on any State or local entities or
tribal governments.
Executive Order 12988
The Secretaries have determined that
these proposed regulations meet the
applicable standards provided in §§ 3(a)
and 3(b)(2) of Executive Order 12988,
regarding civil justice reform.
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Executive Order 13132
In accordance with Executive Order
13132, the proposed rule does not have
sufficient Federalism implications to
warrant the preparation of a Federalism
Assessment. Title VIII of ANILCA
precludes the State from exercising
subsistence management authority over
fish and wildlife resources on Federal
lands unless it meets certain
requirements.
Executive Order 13175
The Alaska National Interest Lands
Conservation Act, Title VIII, does not
provide specific rights to tribes for the
subsistence taking of wildlife, fish, and
shellfish. However, the Secretaries,
through the Board, will provide
Federally recognized Tribes and Alaska
Native corporations an opportunity to
consult on this proposed rule.
Consultation with Alaska Native
corporations are based on Public Law
108–199, div. H, Sec. 161, Jan. 23, 2004,
118 Stat. 452, as amended by Public
Law 108–447, div. H, title V, Sec. 518,
Dec. 8, 2004, 118 Stat. 3267, which
provides that: ‘‘The Director of the
Office of Management and Budget and
all Federal agencies shall hereafter
consult with Alaska Native corporations
on the same basis as Indian tribes under
Executive Order No. 13175.’’
The Secretaries, through the Board,
will provide a variety of opportunities
for consultation: commenting on
proposed changes to the existing rule;
engaging in dialogue at the Regional
Council meetings; engaging in dialogue
at the Board’s meetings; and providing
input in person, by mail, email, or
phone at any time during the
rulemaking process.
Executive Order 13211
This Executive Order requires
agencies to prepare Statements of
Energy Effects when undertaking certain
actions. However, this proposed rule is
not a significant regulatory action under
E.O. 13211, affecting energy supply,
distribution, or use, and no Statement of
Energy Effects is required.
Drafting Information
Theo Matuskowitz drafted these
proposed regulations under the
guidance of Gene Peltola of the Office of
Subsistence Management, Alaska
Regional Office, U.S. Fish and Wildlife
Service, Anchorage, Alaska. Additional
assistance was provided by:
• Daniel Sharp, Alaska State Office,
Bureau of Land Management;
• Mary McBurney, Alaska Regional
Office, National Park Service;
• Dr. Glenn Chen, Alaska Regional
Office, Bureau of Indian Affairs;
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• Trevor Fox, Alaska Regional Office,
U.S. Fish and Wildlife Service; and
• Thomas Whitford, Alaska Regional
Office, USDA—Forest Service.
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.
Proposed Regulation Promulgation
For the reasons set out in the
preamble, the Secretaries propose to
amend 36 CFR part 242 and 50 CFR part
100 as set forth below.
PART—SUBSISTENCE MANAGEMENT
REGULATIONS FOR PUBLIC LANDS IN
ALASKA
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. 3551–3586; 43 U.S.C.
1733.
Subpart A—General Provisions
2. In subpart A of 36 CFR part 242 and
50 CFR part 100, amend § 3 as follows:
■ a. In paragraph (a), remove the word
‘‘or’’ and in its place add the word ‘‘of’’
and remove the word ‘‘poortion’’ and in
its place add the word ‘‘portion’’;
■ b. In paragraph (b)(1)(iii), remove the
word ‘‘A’’ and in its place add the word
‘‘All’’;
■ c. In paragraph (b)(1)(v), remove the
word ‘‘Latitute’’ and in its place add the
word ‘‘Latitude’’;
■ d. In paragraph (b)(2), remove ‘‘70
10′ ’’ and in its place add ‘‘70°10′ ’’ and
remove ‘‘145 51′ ’’ and in its place add
‘‘145°51′ ’’;
■ e. In paragraph (b)(3), remove the
word ‘‘cape’’ and in its place add the
word ‘‘Cape’’, remove the word
‘‘Latitute’’ and in its place add the word
‘‘Latitude’’, and remove ‘‘161 46′ ’’ and
in its place add ‘‘161°46′ ’’; and
■ f. Revise paragraph (b)(5) to read as set
forth below:
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■
§3
Applicability and scope.
*
*
*
*
*
(5) Southeastern Alaska, including
the:
(i) Makhnati Island Area: Land and
waters beginning at the southern point
of Fruit Island, 57°02′35″ north latitude,
135°21′07″ west longitude as shown on
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United States Coast and Geodetic
Survey Chart No. 8244, May 21, 1941;
from the point of beginning, by metes
and bounds; S. 58° W., 2,500 feet, to the
southern point of Nepovorotni Rocks; S.
83° W., 5,600 feet, on a line passing
through the southern point of a small
island lying about 150 feet south of
Makhnati Island; N. 6° W., 4,200 feet, on
a line passing through the western point
of a small island lying about 150 feet
west of Makhnati Island, to the
northwestern point of Signal Island; N.
24° E., 3,000 feet, to a point, 57°03′15″
north latitude, 134°23′07″ west
longitude; East, 2,900 feet, to a point in
course No. 45 in meanders of U.S.
Survey No. 1496, on west side of
Japonski Island; southeasterly, with the
meanders of Japonski Island, U.S.
Survey No. 1,496 to angle point No. 35,
on the southwestern point of Japonski
Island; S. 60° E., 3,300 feet, along the
boundary line of Naval reservation
described in Executive Order No. 8216,
July 25, 1939, to the point of beginning,
and that part of Sitka Bay lying south of
Japonski Island and west of the main
channel, but not including Aleutski
Island as revoked in Public Land Order
925, October 27, 1953, described by
metes and bounds as follows: Beginning
at the southeast point of Japonski Island
at angle point No. 7 of the meanders of
U.S. Survey No. 1496; thence east
approximately 12.00 chains to the
center of the main channel; thence S.
45° E. along the main channel
approximately 20.00 chains; thence S.
45° W. approximately 9.00 chains to the
southeastern point of Aleutski Island;
thence S. 79° W. approximately 40.00
chains to the southern point of Fruit
Island; thence N. 60° W. approximately
50.00 chains to the southwestern point
of Japonski Island at angle point No. 35
of U.S. Survey No. 1496; thence easterly
with the meanders of Japonski Island to
the point of beginning including
Charcoal, Harbor, Alice, Love, and Fruit
islands and a number of smaller
unnamed islands.
(ii) Tongass National Forest:
(A) Beacon Point, Frederick Sound,
and Kupreanof Island are shown on the
U.S. Coast and Geodetic Survey Chart
No. 8210—Sheet No. 16. The reference
location is marked as 57 south, 79 east,
CRM, SEC 8, U.S. Survey No. 1604. The
point begins on the low-water line at N.
63° W., true and approximately 1,520
feet from Beacon Point beacon; thence
due south true 1,520 feet; thence true
East 1,800 feet, more or less to an
intersection with a low-water line;
thence following, is the low-water line
round the point to point of the
beginning (Approx. Long. 133°00′ W.
Lat. 56°561⁄4′ N.).
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(B) Bushy Island and Snow Passage
are shown on the U.S. Coast and
Geodetic Survey Chart, labeled No.
8160—Sheet No. 12. The reference
location is marked as 64 south, 80 east,
CRM, SEC. 31/32 on the map labeled,
USS 1607. The point begins on a lowwater line about 1⁄4 nautical miles and
southwesterly from the northwest point
of the island, from which a left tangent
to an island that is 300 yards in
diameter and 100 yards offshore, bears
the location—N. 60° W., true; thence S.
60° E., true and more or less 2,000 feet
to an intersection with a low-water line
on the easterly side of the island; thence
forward along the winding of the lowwater line northwesterly and
southwesterly to the point of the
beginning, including all adjacent rocks
and reefs not covered at low water
(Approx. Long. 132°58′ W. Lat. 56°161⁄2′
N.).
(C) Cape Strait, Frederick Sound, and
Kupreanof Island are shown on the U.S.
Coast and Geodetic Survey Chart No.
8210—Sheet No. 16. The reference
location is marked as 56 south, 77478
east, CRM, on the map labeled as USS
1011. It begins at a point on a low-water
line that is westerly from the lighthouse
and distant 1,520 feet in a direct line
from the center of the concrete pier
upon which the light tower is erected;
thence South 45° E., true by 1,520 feet;
thence east true by 1,520 feet, more or
less to an intersection with the lowwater line; thence north-westerly and
westerly, following the windings of the
low-water line to the point of beginning
(Approx. Long. 133°05′ W. Lat. 57°00′
N.).
(D) Point Colpoys and Sumner Strait
are shown on the U.S. Coast and
Geodetic Survey Chart No. 8160—Prince
of Wales Island—Sheet No. 12. The
reference location is marked as 64
south, 78 east, CRM, SECs. 10, 11, 12 on
the map labeled as USS 1634. Location
is north of a true east-and-west line
running across the point to 1,520 feet
true south from the high-water line at
the northernmost extremity. Map
includes all adjacent rocks and ledges
not covered at low water and also
includes two rocks awash about 11⁄4
nautical miles east and South and 75°
East, respectively, from the
aforementioned point (Approx. Long.
133°12′ W. Lat. 56°20′ N.).
(E) Vank Island and Stikine Strait are
shown on the U.S. Coast and Geodetic
Survey Chart No. 8160—Sheet No. 18.
Located at 62 south, 82 east, CRM, SEC
34, on the map labeled as USS 1648.
This part of the island is lying south of
a true east-and-west line that is drawn
across the island from low water to low
water. Island is 760 feet due North from
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the center of the concrete pier upon
which the structure for the light is
erected (Approx. Long. 132°35′ W. Lat.
56°27′ N.).
(F) High Point, and Woronkofski
Island, Alaska, are shown on the U.S.
Coast and Geodetic Survey Chart No.
8160—Sheet No. 18. The location begins
at a point on low water at the head of
the first bight easterly of the point and
about 1⁄8 nautical mile distant therefrom;
thence south true 1,520 feet; thence
west true 1,100 feet, more or less to an
intersection with the low-water line;
thence northerly and easterly, following
the windings of the low-water line to
point of the beginning (Approx. Long.
132°33′ W. Lat. 56°24′ N.).
(G) Key Reef and Clarence Strait are
shown on the U.S Coast and Geodetic
Survey Chart No. 8160—Sheet No. 11.
The reef lies 13⁄4 miles S. 80° E., true,
from Bluff Island and becomes awash at
extreme high water. Chart includes all
adjacent ledges and rocks not covered at
low water (Approx. Long. 132°50′ W.
Lat. 56°10′ N.).
(H) Low Point and Zarembo Island,
Alaska, are shown on U.S. Coast and
Geodetic Survey Chart No. 8160—Sheet
No. 22. The location begins at a point
on a low-water line that is 760 feet in
a direct line, easterly, from the center of
Low Point Beacon. The position is
located on a point of shoreline about 1
mile easterly from Low Point; thence S.
35°, W true 760 feet; thence N. 800 feet
and W. 760 feet, more or less, to an
intersection with the low-water line to
the point of beginning (Approx. Long.
132°551⁄2′ W. Lat. 56°271⁄2′ N.).
(I) McNamara Point and Zarembo
Island, Alaska, are shown on U.S. Coast
and Geodetic Survey Chart No. 8160—
Sheet No. 25. Location begins at a point
on a low-water line that is 1,520 feet in
a direct line, northerly, from McNamara
Point Beacon—a slatted tripod structure;
thence true east 1,520 feet; thence true
south, more or less, 2,500 feet to an
intersection with the low-water line;
thence northwesterly and northerly
following the windings of the low-water
line to the point of the beginning
(Approx. Long. 133°04′ W. Lat. 56°20′
N.).
(J) Mountain Point and Wrangell
Narrows, Alaska, are shown on the U.S.
Coast and Geodetic Survey Chart No.
8170—Sheet No. 27. The location begins
at a point on a low-water line southerly
from the center of Mountain Point
Beacon and distant there from 1,520 feet
in a direct line; thence true west 1,520
feet; thence true north, more or less,
3,480 feet to an intersection with the
low-water line; thence southeasterly and
southerly following the windings of the
low-water line to the point of the
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beginning (Approx. Long. 132°571⁄2′ W.
Lat. 56°44′ N.).
(K) Angle Point, Revillagigedo
Channel, and Bold Island are shown on
the U.S. Coast and Geodetic Survey
Chart No. 8075—Sheet No. 3. The
reference location is marked as 76
south, 92 east, CRM, USS 1603. The
location begins at a point on a low-water
line abreast of the lighthouse on Angle
Point, the southwestern extremity of
Bold Island; thence easterly along the
low-water line to a point that is 3,040
feet in a straight line from the beginning
point; thence N. 30° W. True 3,040 feet;
thence true west to an intersection with
the low-water line, 3,000 feet, more or
less; thence southeasterly along the lowwater line to the point of the beginning
(Approx. Long. 131°26′ W. Lat. 55°14′
N.).
(L) Cape Chacon, Dixon Entrance, and
Prince of Wales Island are shown on the
U.S Coast and Geodetic Survey Chart
No. 8074—Sheet No. 29. The reference
location is marked as 83 south, 89 and
90 east, CRM, USS 1608. The location
begins at a point at the low-water mark
on the shore line of Dixon Entrance
from which the southern extremity of
Cape Chacon bears south 64° true East
and approximately 3⁄4 nautical miles;
thence N. 45° true East and about 1
nautical mile, more or less, to an
intersection with a low-water line on
the shore of Clarence Strait; thence
southerly, following the meanderings of
the low-water line of the shore, to and
around Cape Chacon, and continuing to
the point of the beginning. Reference
includes all adjacent islands, islets,
rocks, and reefs that are not covered at
the low-water line (Approx. Long. 132°
W. Lat. 54°42′ N.).
(M) Lewis Reef and Tongass Narrows
are shown on the U.S Coast and
Geodetic Survey Chart No. 8094—Sheet
No. 71. The reference location is marked
as 75 south, 90 east, CRM, SEC 9. The
area point begins at the reef off of Lewis
Point and partly bare at low water. This
part of the reef is not covered at low
water and lies on the northeast side of
a true northwest-and-southeast line that
is located 300 feet true southwest from
the center of the concrete pier of Lewis
Reef Light (Approx. Long. 131°441⁄2′ W.
Lat. 55°22′25″ N.).
(N) Lyman Point and Clarence Strait
are shown on the U.S Coast and
Geodetic Survey, Chart No. 8076—Sheet
No. 8. The reference location is marked
as 73 south, 86 east, CRM, SEC 13, on
a map labeled as USS 2174 TRC. It
begins at a point at the low-water mark.
The aforementioned point is 300 feet in
a direct line easterly from Lyman Point
light; thence due south 300 feet; thence
due west to a low-water mark 400 feet,
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36841
more or less; thence following the
winding of the low-water mark to place
of beginning (Approx. Long. 132°18′ W.
Lat. 35°35′ N.).
(O) Narrow Point, Clarence Strait, and
Prince of Wales Island are shown on the
U.S. Coast and Geodetic Survey Chart
No. 8100—Sheet No. 9. The reference
location is marked as 70 south, 84 east,
CRM, on a map labeled as USS 1628.
The point begins at a point on a lowwater line about 1 nautical mile
southerly from Narrow Point Light, from
which point a left tangent to a highwater line of an islet about 500 yards in
diameter and about 300 yards off shore,
bears south 30° true East; thence north
30° W., true 7,600 feet; thence N. 60° E.,
3,200 feet, more or less to an
intersection with a low-water line;
thence southeasterly, southerly, and
southwesterly, following the winding of
the low-water line to the point of the
beginning. The map includes all
adjacent rocks not covered at low water
(Approx. Long. 132°28′ W. Lat. 55°471⁄2′
N.).
(P) Niblack Point, Cleveland
Peninsula, and Clarence Strait, Alaska,
are shown on the U.S. coast and
Geodetic Survey Chart No. 8102—Sheet
No. 6, which is the same sheet used for
Caamano Point. The location begins at
a point on a low-water line from which
Niblack Point Beacon, a tripod anchored
to three concrete piers, bears
southeasterly and is 1,520 feet in a
direct line; thence true northeast 1,520
feet; thence true southeast 3,040 feet;
thence true southwest at 600 feet, more
or less, to an intersection with a lowwater line; thence northwesterly
following the windings of the low-water
line to the point of the beginning
(Approx. Long. 132°07′ W. Lat. 55°33′
N.).
(Q) Rosa Reef and Tongass Narrows
are shown on the U.S. Coast and
Geodetic Survey Chart No. 8094—Sheet
No. 71. The reference location is marked
as 74 south, 90 east, CRM, SEC 31. That
part of the reef is not covered at low
water and lies east of a true north-andsouth line, located 600 feet true west
from the center of the concrete pier of
Rosa Reef Light. The reef is covered at
high water (Approx. Long. 131°48′ W.
Lat. 55°24′15″ N.).
(R) Ship Island and Clarence Strait are
shown on the U.S. Coast and Geodetic
Survey Chart No. 8100—Sheet No. 9.
The reference location is marked as
south, 8 east, CRM, SEC 27. The point
begins as a small island on the
northwesterly side of the Clarence
Strait, about 10 nautical miles
northwesterly from Caamano Point and
1⁄4 mile off the shore of Cleveland
Peninsula. The sheet includes all
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adjacent islets and rocks not connected
to the main shore and not covered at
low water (Approx. Long. 132°12′ W.
Lat. 55°36′ N.).
(S) Spire Island Reef and
Revillagigedo Channel are shown on the
U.S. Coast and Geodetic Survey Chart
No. 8075—Sheet No. 3. The reference
location is marked as 76 south, 92 east,
CRM, SEC 19.The detached reef,
covered at high water and partly bare at
low water, is located northeast of Spire
Island. Spire Island Light is located on
the reef and consists of small houses
and lanterns surmounting a concrete
pier. See chart for ‘‘Angle Pt.’’ (Approx.
Long. 131°30′ W. Lat. 55°16′ N.).
(T) Surprise Point and Nakat Inlet are
shown on the U.S. Coast and Geodetic
Survey Chart No. 8051—Sheet No. 1.
The reference location is marked as 80
south, 89 east, CRM. This point lies
north of a true east-and-west line. The
true east-and-west line lies 3,040 feet
true south from the northernmost
extremity of the point together with
adjacent rocks and islets (Approx. Long.
130°44′ W. Lat. 54°49′ N.).
(U) Caamano Point, Cleveland
Peninsula, and Clarence Strait, Alaska,
are shown on the U.S. Coast and
Geodetic Survey Chart No. 8102—Sheet
No. 6. Location consists of everything
apart of the extreme south end of the
Cleveland Peninsula lying on a south
side of a true east-and-west line that is
drawn across the point at a distance of
800 feet true north from the
southernmost point of the low-water
line. This includes off-lying rocks and
islets that are not covered at low water
(Approx. Long. 131°59′ W. Lat. 55°30′
N.).
(V) Meyers Chuck and Clarence Strait,
Alaska, are shown on the U.S. and
Geodetic Survey Chart No. 8124—Sheet
No. 26. The small island is about 150
yards in diameter and located about 200
yards northwest of Meyers Island
(Approx. Long. 132°16′ W. Lat. 55°441⁄2′
N.).
(W) Round Island and Cordova Bay,
Alaska, are shown on the U.S coast and
Geodetic Survey Chart No. 8145—Sheet
No. 36. The Southwestern Island of the
group is about 700 yards long, including
off-lying rocks and reefs that are not
covered at low water (Approx. Long.
132°301⁄2′ W. Lat. 54°461⁄2′ N.).
(X) Mary Island begins at a point that
is placed at a low-water mark. The
aforementioned point is southward 500
feet from a crosscut on the side of a
large rock on the second point below
Point Winslow and Mary Island; thence
due west 3⁄4 mile, statute; thence due
north to a low-water mark; thence
following the winding of the low water
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to the place of the beginning (Approx.
Long. 131°11′00″ W. Lat. 55°05′55″ N.).
(Y) Tree Point starts a point of a lowwater mark. The aforementioned point
is southerly 1⁄2 mile from extreme
westerly point of a low-water mark on
Tree Point, on the Alaska Mainland;
thence due true east, 3⁄4 mile; thence
due north 1 mile; thence due west to a
low-water mark; thence following the
winding of the low-water mark to the
place of the beginning (Approx. Long.
130°57′44″ W. Lat. 54°48′27″ N.).
*
*
*
*
*
Dated: May 31, 2016.
Dated: February 17, 2016.
Sally Jewell,
Secretary of the Interior.
Beth G. Pendleton,
Regional Forester USDA—Forest Service.
[FR Doc. 2016–13374 Filed 6–7–16; 8:45 am]
BILLING CODE 3410–11–4333–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2016–0247; FRL–9947–40–
Region 4]
Air Plan Approval; South Carolina;
Prong 4—2008 Ozone, 2010 NO2, SO2,
and 2012 PM2.5
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to
conditionally approve the portions of
revisions to the South Carolina State
Implementation Plan (SIP), submitted
by the South Carolina Department of
Health and Environmental Control (SC
DHEC), addressing the Clean Air Act
(CAA or Act) visibility transport (prong
4) infrastructure SIP requirements for
the 2008 8-hour Ozone, 2010 1-hour
Nitrogen Dioxide (NO2), 2010 1-hour
Sulfur Dioxide (SO2), and 2012 annual
Fine Particulate Matter (PM2.5) National
Ambient Air Quality Standards
(NAAQS). The CAA requires that each
state adopt and submit a SIP for the
implementation, maintenance, and
enforcement of each NAAQS
promulgated by EPA, commonly
referred to as an ‘‘infrastructure SIP.’’
Specifically, EPA is proposing to
conditionally approve the prong 4
portions of South Carolina’s July 17,
2008, 8-hour Ozone infrastructure SIP
submission; April 30, 2014, 2010 1-hour
NO2 infrastructure SIP submission; May
8, 2014, 2010 1-hour SO2 infrastructure
SIP submission; and December 18, 2015,
SUMMARY:
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2012 annual PM2.5 infrastructure SIP
submission. All other applicable
infrastructure requirements for these SIP
submissions have been or will be
addressed in separate rulemakings.
DATES: Comments must be received on
or before July 8, 2016.
ADDRESSES: Submit your comments,
identified by Docket ID No EPA–R04–
OAR–2016–0247 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Sean Lakeman of the Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Mr.
Lakeman can be reached by telephone at
(404) 562–9043 or via electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
By statute, SIPs meeting the
requirements of sections 110(a)(1) and
(2) of the CAA are to be submitted by
states within three years after
promulgation of a new or revised
NAAQS to provide for the
implementation, maintenance, and
enforcement of the new or revised
NAAQS. EPA has historically referred to
these SIP submissions made for the
purpose of satisfying the requirements
of sections 110(a)(1) and 110(a)(2) as
‘‘infrastructure SIP’’ submissions.
Sections 110(a)(1) and (2) require states
to address basic SIP elements such as
the requirements for monitoring, basic
program requirements, and legal
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]]>Agencies
[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)]
[Proposed Rules]
[Pages 36836-36842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13374]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 100
[Docket No. FWS-R7-SM-2015-0159; FXRS12610700000167-FF07J00000; FBMS#
4500088147]
RIN 1018-BB22
Subsistence Management Regulations for Public Lands in Alaska--
Applicability and Scope; Tongass National Forest Submerged Lands
AGENCY: Forest Service, Agriculture; Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. District Court for Alaska in its October 17, 2011,
order in Peratrovich et al. v. United States and the State of Alaska,
3:92-cv-0734-HRH (D. Alaska), enjoined the United States ``to promptly
initiate regulatory proceedings for the purpose of implementing the
subsistence provisions in Title VIII of the Alaska National Interest
Lands Conservation Act (ANILCA) with respect to submerged public lands
within Tongass National Forest'' and directed entry of judgment. To
comply with the order, the Federal Subsistence Board (Board) must
initiate a regulatory proceeding to identify those submerged lands
within the Tongass National Forest that did not pass to the State of
Alaska at statehood and, therefore, remain Federal public lands subject
to the subsistence provisions of ANILCA.
Following the Court's decision, the Bureau of Land Management (BLM)
and the USDA-Forest Service (USDA-FS) started a review of hundreds of
potential pre-statehood (January 3, 1959) withdrawals in the marine
waters of the Tongass National Forest. In April and October of 2015,
BLM submitted initial lists of submerged public lands to the Board.
This proposed rule would add those submerged parcels to the subsistence
regulations to ensure compliance with the Court order. Additional
listings will be published as BLM and the USDA-FS continue their review
of pre-statehood withdrawals.
DATES: Public comments: Comments on this proposed rule must be received
or postmarked by August 8, 2016.
Public meetings: The Federal Subsistence Regional Advisory Councils
(Councils) will hold public meetings to receive comments on this
proposed rule on several dates between September 28 and November 2,
2016, and make recommendations to the Federal Subsistence Board. The
Board will discuss and evaluate proposed regulatory changes during a
public meeting in Anchorage, AK, in January 2017. See SUPPLEMENTARY
INFORMATION for specific information on dates and locations of the
public meetings.
ADDRESSES: Public meetings: The Federal Subsistence Board and the
Federal Subsistence Regional Advisory Councils' public meetings will be
held at various locations in Alaska. See SUPPLEMENTARY INFORMATION for
specific information on dates and locations of the public meetings.
Public comments: You may submit comments by one of the following
methods:
Electronically: Go to the Federal eRulemaking Portal:
https://www.regulations.gov and search for FWS-R7-SM-2015-0159, which is
the docket number for this rulemaking.
By hard copy: U.S. mail or hand-delivery to: USFWS, Office
of Subsistence Management, 1011 East Tudor Road, MS 121, Attn: Theo
Matuskowitz, Anchorage, AK 99503-6199.
We will post all comments on https://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see the Public Review Process section below for more information).
FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service, Attention: Eugene R. Peltola, Jr.,
Office of Subsistence Management; (907) 786-3888 or
subsistence@fws.gov. For questions specific to National Forest System
lands, contact Thomas Whitford, Regional Subsistence Program Leader,
USDA, Forest Service, Alaska Region; (907) 743-9461 or
twhitford@fs.fed.us.
SUPPLEMENTARY INFORMATION:
Background
Under Title VIII of 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 preference for take of fish and wildlife resources for
subsistence uses on Federal public lands and waters in Alaska. The
Secretaries published temporary regulations to carry out this program
in the Federal Register on June 29, 1990 (55 FR 27114), and published
final regulations in the Federal Register
[[Page 36837]]
on May 29, 1992 (57 FR 22940). The program regulations have
subsequently been amended 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 242.1-242.28 and 50 CFR 100.1-100.28,
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 subpart B of these regulations, the Secretaries
established a Federal Subsistence Board to administer the Federal
Subsistence Management Program (Program). The Board comprises:
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, National Park Service;
The Alaska State Director, Bureau of Land Management;
The Alaska Regional Director, Bureau of Indian Affairs;
The Alaska Regional Forester, U.S. Forest Service; and
Two public members appointed by the Secretary of the
Interior with concurrence of the Secretary of Agriculture.
Through the Board, these agencies and public members participate in
the development of regulations for subparts C and D, which, among other
things, set forth program eligibility and specific harvest seasons and
limits.
In administering the program, the Secretaries divided Alaska into
10 subsistence resource regions, each of which is represented by a
Regional Advisory Council (Council). The Councils provide a forum for
rural residents with personal knowledge of local conditions and
resource requirements to have a meaningful role in the subsistence
management of fish and wildlife on Federal public lands in Alaska. The
Council members represent varied geographical, cultural, and user
interests within each region.
Public Review Process--Comments and Public Meetings
The Federal Subsistence Regional Advisory Councils have a
substantial role in reviewing this proposed rule and making
recommendations for the final rule. The Federal Subsistence Board,
through the Councils, will hold public meetings on this proposed rule
at the following locations in Alaska, on the following dates:
Region 1--Southeast Regional Council, Petersburg, October 4, 2016
Region 2--Southcentral Regional Council, Anchorage, October 18, 2016
Region 3--Kodiak/Aleutians Regional Council, Cold Bay, September 28,
2016
Region 4--Bristol Bay Regional Council, Dillingham, October 26, 2016
Region 5--Yukon-Kuskokwim Delta Regional Council, Bethel, October 12,
2016
Region 6--Western Interior Regional Council, McGrath, October 11, 2016
Region 7--Seward Peninsula Regional Council, Nome, November 1, 2016
Region 8--Northwest Arctic Regional Council, Selawik, October 5, 2016
Region 9--Eastern Interior Regional Council, Fort Yukon, October 25,
2016
Region 10--North Slope Regional Council, Barrow, November 1, 2016
A public notice of specific dates, times, and meeting locations
will be published in local and statewide newspapers prior to each
meeting. Locations and dates may change based on weather or local
circumstances. The Regional Advisory Council's agenda determines the
length of each Council meeting based on workload.
The Board will discuss and evaluate submitted comments and public
testimony on this proposed rule during a public meeting scheduled for
January 2017 in Anchorage, Alaska. The Federal Subsistence Regional
Advisory Council Chairs, or their designated representatives, will
present their respective Councils' recommendations at the Board
meeting. Additional public testimony may be provided to the Board on
this proposed rule at that time. At that public meeting, the Board will
deliberate and make final recommendations to the Secretaries on this
proposed rule.
You may submit written comments and materials concerning this
proposed rule by one of the methods listed in ADDRESSES. If you submit
a comment via https://www.regulations.gov, your entire comment,
including any personal identifying information, will be posted on the
Web site. If you submit a hardcopy comment that includes personal
identifying information, you may request at the top of your document
that we withhold this information from public review. However, we
cannot guarantee that we will be able to do so. We will post all
hardcopy comments on https://www.regulations.gov.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on https://www.regulations.gov, or by
appointment, between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays, at: USFWS, Office of Subsistence Management, 1011
East Tudor Road, Anchorage, AK 99503.
Reasonable Accommodations
The Federal Subsistence Board is committed to providing access to
these meetings for all participants. Please direct all requests for
sign language interpreting services, closed captioning, or other
accommodation needs to Deborah Coble, 907-786-3880,
subsistence@fws.gov, or 800-877-8339 (TTY), seven business days prior
to the meeting you would like to attend.
Tribal Consultation and Comment
As expressed in Executive Order 13175, ``Consultation and
Coordination with Indian Tribal Governments,'' the Federal officials
that have been delegated authority by the Secretaries are committed to
honoring the unique government-to-government political relationship
that exists between the Federal Government and Federally Recognized
Indian Tribes (Tribes) as listed in 75 FR 60810 (October 1, 2010).
Consultation with Alaska Native corporations is based on Public Law
108-199, div. H, Sec. 161, Jan. 23, 2004, 118 Stat. 452, as amended by
Public Law 108-447, div. H, title V, Sec. 518, Dec. 8, 2004, 118 Stat.
3267, which provides that: ``The Director of the Office of Management
and Budget and all Federal agencies shall hereafter consult with Alaska
Native corporations on the same basis as Indian tribes under Executive
Order No. 13175.''
The Alaska National Interest Lands Conservation Act does not
provide specific rights to Tribes for the subsistence taking of
wildlife, fish, and shellfish. However, because tribal members are
affected by subsistence fishing, hunting, and trapping regulations, the
Secretaries, through the Board, will provide Federally recognized
Tribes and Alaska Native corporations an opportunity to consult on this
proposed rule.
The Board will engage in outreach efforts for this proposed rule,
including a notification letter, to ensure that Tribes and Alaska
Native corporations are advised of the mechanisms by which they can
participate. The Board provides a variety of opportunities for
consultation: Proposing changes to the existing rule; commenting on
proposed changes to the existing rule; engaging in dialogue at the
Regional Advisory Council meetings; engaging in dialogue
[[Page 36838]]
at the Board's meetings; and providing input in person, by mail, email,
or phone at any time during the rulemaking process. The Board will
commit to efficiently and adequately providing an opportunity to Tribes
and Alaska Native corporations for consultation in regard to
subsistence rulemaking.
The Board will consider Tribes' and Alaska Native corporations'
information, input, and recommendations, and address their concerns as
much as practicable.
Jurisdictional Background and Perspective
The Peratrovich case dates back to 1992 and has a long and involved
procedural history. The plaintiffs in that litigation raised the
question of which marine waters in the Tongass National Forest, if any,
are subject to the jurisdiction of the Federal Subsistence Management
Program. In its May 31, 2011, order, the U.S. District Court for Alaska
(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.'' It also stated that, 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.''
Most of the marine waters within the Tongass National Forest were
not initially identified in the regulations as public lands subject to
the subsistence priority based upon a determination that the submerged
lands were State lands, and later through reliance upon a disclaimer of
interest filed by the United States in Alaska v. United States, No. 128
Orig., 546 U.S. 413 (2006). In that case, the State of Alaska had
sought to quiet title to all lands underlying marine waters in
southeast Alaska, which includes most of the Tongass National Forest.
Ultimately, the United States disclaimed ownership to most of the
submerged lands in the Tongass National Forest. The Supreme Court
accepted the disclaimer by the United States to title to the marine
waters within the Tongass National Forest, excepting from that
disclaimer several classes of submerged public lands that generally
involve small tracts. Alaska v. United States, 546 U.S. at 415.
When the United States took over the subsistence program in Alaska
in 1990, the Departments of the Interior and Agriculture stated in
response to comments on the scope of the program during promulgation of
the interim regulations 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'' (55 FR 27115; June
29, 1990). That position was changed in 1999 when the subsistence
priority was extended to waters subject to a Federal reserved water
right following the Katie John litigation. The Board identified certain
submerged marine lands that did not pass to the State and, therefore,
where the subsistence priority applied. However, the Board did not
attempt to identify each and every small parcel of submerged public
lands and thereby marine water possibly subject to the Federal
Subsistence Management Program because of the potentially overwhelming
administrative burden. Instead the Board invited the public to petition
to have submerged marine lands included. Over the years, several small
areas of submerged marine lands in the Tongass National Forest have
been identified as public lands subject to the subsistence priority.
In its May 31, 2011, order, the Court stated that the petition
process was not sufficient and found that ``concerns about costs and
management problems simply cannot trump the congressional policy that
the subsistence lifestyle of rural Alaskans be preserved as to public
lands.'' 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.'' The Court then ``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.
The BLM and USDA-FS started a time- and resource-consuming review
of hundreds of potential pre-statehood (January 3, 1959) withdrawals in
the marine waters of the Tongass National Forest. Both agencies are
reviewing their records to identify dock sites, log transfer sites, and
other areas that may not have passed to the State at statehood. The
review process is ongoing and expected to take quite some time.
Developing the Applicability and Scope; Tongass National Forest
Submerged Lands Proposed Regulations
In April and October of 2015, BLM submitted initial listings of
parcels of submerged public lands to the Board. This proposed rule will
add those listings to the subsistence regulations to ensure compliance
with the Court's order. Additional listings will be published as BLM
and USDA-FS continue their reviews of pre-statehood withdrawals. In
addition, this proposed rule would make nonsubstantive changes to 36
CFR 242.3 and 50 CFR 100.3 to correct errors, such as misspellings and
punctuation errors, which occur in the existing regulations.
Because this proposed rule concerns public lands managed by an
agency or agencies in both the Departments of Agriculture and the
Interior, identical text will be incorporated into 36 CFR part 242 and
50 CFR part 100.
Compliance With Statutory and Regulatory Authorities
National Environmental Policy Act
A Draft Environmental Impact Statement that described four
alternatives for developing a Federal Subsistence Management Program
was distributed for public comment on October 7, 1991. The Final
Environmental Impact Statement (FEIS) was published on February 28,
1992. The Record of Decision (ROD) on Subsistence Management for
Federal Public Lands in Alaska was signed April 6, 1992. The selected
alternative in the FEIS (Alternative IV) defined the administrative
framework of an annual regulatory cycle for subsistence regulations.
A 1997 environmental assessment dealt with the expansion of Federal
jurisdiction over fisheries and is available at the office listed under
FOR FURTHER INFORMATION CONTACT. The Secretary of the Interior, with
concurrence of the Secretary of Agriculture, determined that expansion
of Federal jurisdiction does not constitute a major Federal action
significantly affecting the human environment and, therefore, signed a
Finding of No Significant Impact.
Section 810 of ANILCA
An ANILCA Sec. 810 analysis was completed as part of the FEIS
process on the Federal Subsistence Management Program. 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. The final
Sec. 810 analysis determination appeared in the April 6, 1992, ROD and
concluded that the Federal Subsistence Management
[[Page 36839]]
Program, under Alternative IV with an annual process for setting
subsistence regulations, may have some local impacts on subsistence
uses, but will not likely restrict subsistence uses significantly.
During the subsequent environmental assessment process for
extending fisheries jurisdiction, an evaluation of the effects of the
subsistence program regulations was conducted in accordance with Sec.
810. This evaluation also supported the Secretaries' determination that
the regulations will not reach the ``may significantly restrict''
threshold that would require notice and hearings under ANILCA Sec.
810(a).
Paperwork Reduction Act of 1995 (PRA)
This proposed rule does not contain any new collections of
information that require Office of Management and Budget (OMB) approval
under the PRA (44 U.S.C. 3501 et seq.) OMB has reviewed and approved
the collections of information associated with the subsistence
regulations at 36 CFR 242 and 50 CFR 100, and assigned OMB Control
Number 1018-0075. We may not conduct or sponsor and you are not
required to respond to a collection of information unless it displays a
currently valid OMB control number.
Regulatory Planning and Review (Executive Order 12866)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) in the Office of Management and Budget will
review all significant rules. OIRA has determined that this proposed
rule is not significant.
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this proposed rule in a manner
consistent with these requirements.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires preparation of flexibility analyses for rules that will have a
significant effect on a substantial number of small entities, which
include small businesses, organizations, or governmental jurisdictions.
In general, the resources to be harvested under this proposed rule are
already being harvested and consumed by the local harvester and do not
result in an additional dollar benefit to the economy. However, we
estimate that two million pounds of meat are harvested by subsistence
users annually and, if given an estimated dollar value of $3.00 per
pound, this amount would equate to about $6 million in food value
statewide. Based upon the amounts and values cited above, the
Departments certify 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.
Small Business Regulatory Enforcement Fairness Act
Under the Small Business Regulatory Enforcement Fairness Act (5
U.S.C. 801 et seq.), this proposed rule is not a major rule. It will
not have an effect on the economy of $100 million or more, will not
cause a major increase in costs or prices for consumers, and will not
have significant adverse effects on competition, employment,
investment, productivity, innovation, or the ability of U.S.-based
enterprises to compete with foreign-based enterprises.
Executive Order 12630
Title VIII of ANILCA requires the Secretaries to administer a
subsistence priority on public lands. The scope of this program is
limited by definition to certain public lands. Likewise, these proposed
regulations have no potential takings of private property implications
as defined by Executive Order 12630.
Unfunded Mandates Reform Act
The Secretaries have determined and certify pursuant to the
Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this proposed
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 there is no cost
imposed on any State or local entities or tribal governments.
Executive Order 12988
The Secretaries have determined that these proposed regulations
meet the applicable standards provided in Sec. Sec. 3(a) and 3(b)(2)
of Executive Order 12988, regarding civil justice reform.
Executive Order 13132
In accordance with Executive Order 13132, the proposed rule does
not have sufficient Federalism implications to warrant the preparation
of a Federalism Assessment. Title VIII of ANILCA precludes the State
from exercising subsistence management authority over fish and wildlife
resources on Federal lands unless it meets certain requirements.
Executive Order 13175
The Alaska National Interest Lands Conservation Act, Title VIII,
does not provide specific rights to tribes for the subsistence taking
of wildlife, fish, and shellfish. However, the Secretaries, through the
Board, will provide Federally recognized Tribes and Alaska Native
corporations an opportunity to consult on this proposed rule.
Consultation with Alaska Native corporations are based on Public Law
108-199, div. H, Sec. 161, Jan. 23, 2004, 118 Stat. 452, as amended by
Public Law 108-447, div. H, title V, Sec. 518, Dec. 8, 2004, 118 Stat.
3267, which provides that: ``The Director of the Office of Management
and Budget and all Federal agencies shall hereafter consult with Alaska
Native corporations on the same basis as Indian tribes under Executive
Order No. 13175.''
The Secretaries, through the Board, will provide a variety of
opportunities for consultation: commenting on proposed changes to the
existing rule; engaging in dialogue at the Regional Council meetings;
engaging in dialogue at the Board's meetings; and providing input in
person, by mail, email, or phone at any time during the rulemaking
process.
Executive Order 13211
This Executive Order requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. However, this proposed
rule is not a significant regulatory action under E.O. 13211, affecting
energy supply, distribution, or use, and no Statement of Energy Effects
is required.
Drafting Information
Theo Matuskowitz drafted these proposed regulations under the
guidance of Gene Peltola of the Office of Subsistence Management,
Alaska Regional Office, U.S. Fish and Wildlife Service, Anchorage,
Alaska. Additional assistance was provided by:
Daniel Sharp, Alaska State Office, Bureau of Land
Management;
Mary McBurney, Alaska Regional Office, National Park
Service;
Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian
Affairs;
[[Page 36840]]
Trevor Fox, Alaska Regional Office, U.S. Fish and Wildlife
Service; and
Thomas Whitford, Alaska Regional Office, USDA--Forest
Service.
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.
Proposed Regulation Promulgation
For the reasons set out in the preamble, the Secretaries propose to
amend 36 CFR part 242 and 50 CFR part 100 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.
3551-3586; 43 U.S.C. 1733.
Subpart A--General Provisions
0
2. In subpart A of 36 CFR part 242 and 50 CFR part 100, amend Sec. 3
as follows:
0
a. In paragraph (a), remove the word ``or'' and in its place add the
word ``of'' and remove the word ``poortion'' and in its place add the
word ``portion'';
0
b. In paragraph (b)(1)(iii), remove the word ``A'' and in its place add
the word ``All'';
0
c. In paragraph (b)(1)(v), remove the word ``Latitute'' and in its
place add the word ``Latitude'';
0
d. In paragraph (b)(2), remove ``70 10' '' and in its place add
``70[deg]10' '' and remove ``145 51' '' and in its place add
``145[deg]51' '';
0
e. In paragraph (b)(3), remove the word ``cape'' and in its place add
the word ``Cape'', remove the word ``Latitute'' and in its place add
the word ``Latitude'', and remove ``161 46' '' and in its place add
``161[deg]46' ''; and
0
f. Revise paragraph (b)(5) to read as set forth below:
Sec. 3 Applicability and scope.
* * * * *
(5) Southeastern Alaska, including the:
(i) Makhnati Island Area: Land and waters beginning at the southern
point of Fruit Island, 57[deg]02'35'' north latitude, 135[deg]21'07''
west longitude as shown on United States Coast and Geodetic Survey
Chart No. 8244, May 21, 1941; from the point of beginning, by metes and
bounds; S. 58[deg] W., 2,500 feet, to the southern point of Nepovorotni
Rocks; S. 83[deg] W., 5,600 feet, on a line passing through the
southern point of a small island lying about 150 feet south of Makhnati
Island; N. 6[deg] W., 4,200 feet, on a line passing through the western
point of a small island lying about 150 feet west of Makhnati Island,
to the northwestern point of Signal Island; N. 24[deg] E., 3,000 feet,
to a point, 57[deg]03'15'' north latitude, 134[deg]23'07'' west
longitude; East, 2,900 feet, to a point in course No. 45 in meanders of
U.S. Survey No. 1496, on west side of Japonski Island; southeasterly,
with the meanders of Japonski Island, U.S. Survey No. 1,496 to angle
point No. 35, on the southwestern point of Japonski Island; S. 60[deg]
E., 3,300 feet, along the boundary line of Naval reservation described
in Executive Order No. 8216, July 25, 1939, to the point of beginning,
and that part of Sitka Bay lying south of Japonski Island and west of
the main channel, but not including Aleutski Island as revoked in
Public Land Order 925, October 27, 1953, described by metes and bounds
as follows: Beginning at the southeast point of Japonski Island at
angle point No. 7 of the meanders of U.S. Survey No. 1496; thence east
approximately 12.00 chains to the center of the main channel; thence S.
45[deg] E. along the main channel approximately 20.00 chains; thence S.
45[deg] W. approximately 9.00 chains to the southeastern point of
Aleutski Island; thence S. 79[deg] W. approximately 40.00 chains to the
southern point of Fruit Island; thence N. 60[deg] W. approximately
50.00 chains to the southwestern point of Japonski Island at angle
point No. 35 of U.S. Survey No. 1496; thence easterly with the meanders
of Japonski Island to the point of beginning including Charcoal,
Harbor, Alice, Love, and Fruit islands and a number of smaller unnamed
islands.
(ii) Tongass National Forest:
(A) Beacon Point, Frederick Sound, and Kupreanof Island are shown
on the U.S. Coast and Geodetic Survey Chart No. 8210--Sheet No. 16. The
reference location is marked as 57 south, 79 east, CRM, SEC 8, U.S.
Survey No. 1604. The point begins on the low-water line at N. 63[deg]
W., true and approximately 1,520 feet from Beacon Point beacon; thence
due south true 1,520 feet; thence true East 1,800 feet, more or less to
an intersection with a low-water line; thence following, is the low-
water line round the point to point of the beginning (Approx. Long.
133[deg]00' W. Lat. 56[deg]56\1/4\' N.).
(B) Bushy Island and Snow Passage are shown on the U.S. Coast and
Geodetic Survey Chart, labeled No. 8160--Sheet No. 12. The reference
location is marked as 64 south, 80 east, CRM, SEC. 31/32 on the map
labeled, USS 1607. The point begins on a low-water line about \1/4\
nautical miles and southwesterly from the northwest point of the
island, from which a left tangent to an island that is 300 yards in
diameter and 100 yards offshore, bears the location--N. 60[deg] W.,
true; thence S. 60[deg] E., true and more or less 2,000 feet to an
intersection with a low-water line on the easterly side of the island;
thence forward along the winding of the low-water line northwesterly
and southwesterly to the point of the beginning, including all adjacent
rocks and reefs not covered at low water (Approx. Long. 132[deg]58' W.
Lat. 56[deg]16\1/2\' N.).
(C) Cape Strait, Frederick Sound, and Kupreanof Island are shown on
the U.S. Coast and Geodetic Survey Chart No. 8210--Sheet No. 16. The
reference location is marked as 56 south, 77478 east, CRM, on the map
labeled as USS 1011. It begins at a point on a low-water line that is
westerly from the lighthouse and distant 1,520 feet in a direct line
from the center of the concrete pier upon which the light tower is
erected; thence South 45[deg] E., true by 1,520 feet; thence east true
by 1,520 feet, more or less to an intersection with the low-water line;
thence north-westerly and westerly, following the windings of the low-
water line to the point of beginning (Approx. Long. 133[deg]05' W. Lat.
57[deg]00' N.).
(D) Point Colpoys and Sumner Strait are shown on the U.S. Coast and
Geodetic Survey Chart No. 8160--Prince of Wales Island--Sheet No. 12.
The reference location is marked as 64 south, 78 east, CRM, SECs. 10,
11, 12 on the map labeled as USS 1634. Location is north of a true
east-and-west line running across the point to 1,520 feet true south
from the high-water line at the northernmost extremity. Map includes
all adjacent rocks and ledges not covered at low water and also
includes two rocks awash about 1\1/4\ nautical miles east and South and
75[deg] East, respectively, from the aforementioned point (Approx.
Long. 133[deg]12' W. Lat. 56[deg]20' N.).
(E) Vank Island and Stikine Strait are shown on the U.S. Coast and
Geodetic Survey Chart No. 8160--Sheet No. 18. Located at 62 south, 82
east, CRM, SEC 34, on the map labeled as USS 1648. This part of the
island is lying south of a true east-and-west line that is drawn across
the island from low water to low water. Island is 760 feet due North
from
[[Page 36841]]
the center of the concrete pier upon which the structure for the light
is erected (Approx. Long. 132[deg]35' W. Lat. 56[deg]27' N.).
(F) High Point, and Woronkofski Island, Alaska, are shown on the
U.S. Coast and Geodetic Survey Chart No. 8160--Sheet No. 18. The
location begins at a point on low water at the head of the first bight
easterly of the point and about \1/8\ nautical mile distant therefrom;
thence south true 1,520 feet; thence west true 1,100 feet, more or less
to an intersection with the low-water line; thence northerly and
easterly, following the windings of the low-water line to point of the
beginning (Approx. Long. 132[deg]33' W. Lat. 56[deg]24' N.).
(G) Key Reef and Clarence Strait are shown on the U.S Coast and
Geodetic Survey Chart No. 8160--Sheet No. 11. The reef lies 1\3/4\
miles S. 80[deg] E., true, from Bluff Island and becomes awash at
extreme high water. Chart includes all adjacent ledges and rocks not
covered at low water (Approx. Long. 132[deg]50' W. Lat. 56[deg]10' N.).
(H) Low Point and Zarembo Island, Alaska, are shown on U.S. Coast
and Geodetic Survey Chart No. 8160--Sheet No. 22. The location begins
at a point on a low-water line that is 760 feet in a direct line,
easterly, from the center of Low Point Beacon. The position is located
on a point of shoreline about 1 mile easterly from Low Point; thence S.
35[deg], W true 760 feet; thence N. 800 feet and W. 760 feet, more or
less, to an intersection with the low-water line to the point of
beginning (Approx. Long. 132[deg]55\1/2\' W. Lat. 56[deg]27\1/2\' N.).
(I) McNamara Point and Zarembo Island, Alaska, are shown on U.S.
Coast and Geodetic Survey Chart No. 8160--Sheet No. 25. Location begins
at a point on a low-water line that is 1,520 feet in a direct line,
northerly, from McNamara Point Beacon--a slatted tripod structure;
thence true east 1,520 feet; thence true south, more or less, 2,500
feet to an intersection with the low-water line; thence northwesterly
and northerly following the windings of the low-water line to the point
of the beginning (Approx. Long. 133[deg]04' W. Lat. 56[deg]20' N.).
(J) Mountain Point and Wrangell Narrows, Alaska, are shown on the
U.S. Coast and Geodetic Survey Chart No. 8170--Sheet No. 27. The
location begins at a point on a low-water line southerly from the
center of Mountain Point Beacon and distant there from 1,520 feet in a
direct line; thence true west 1,520 feet; thence true north, more or
less, 3,480 feet to an intersection with the low-water line; thence
southeasterly and southerly following the windings of the low-water
line to the point of the beginning (Approx. Long. 132[deg]57\1/2\' W.
Lat. 56[deg]44' N.).
(K) Angle Point, Revillagigedo Channel, and Bold Island are shown
on the U.S. Coast and Geodetic Survey Chart No. 8075--Sheet No. 3. The
reference location is marked as 76 south, 92 east, CRM, USS 1603. The
location begins at a point on a low-water line abreast of the
lighthouse on Angle Point, the southwestern extremity of Bold Island;
thence easterly along the low-water line to a point that is 3,040 feet
in a straight line from the beginning point; thence N. 30[deg] W. True
3,040 feet; thence true west to an intersection with the low-water
line, 3,000 feet, more or less; thence southeasterly along the low-
water line to the point of the beginning (Approx. Long. 131[deg]26' W.
Lat. 55[deg]14' N.).
(L) Cape Chacon, Dixon Entrance, and Prince of Wales Island are
shown on the U.S Coast and Geodetic Survey Chart No. 8074--Sheet No.
29. The reference location is marked as 83 south, 89 and 90 east, CRM,
USS 1608. The location begins at a point at the low-water mark on the
shore line of Dixon Entrance from which the southern extremity of Cape
Chacon bears south 64[deg] true East and approximately \3/4\ nautical
miles; thence N. 45[deg] true East and about 1 nautical mile, more or
less, to an intersection with a low-water line on the shore of Clarence
Strait; thence southerly, following the meanderings of the low-water
line of the shore, to and around Cape Chacon, and continuing to the
point of the beginning. Reference includes all adjacent islands,
islets, rocks, and reefs that are not covered at the low-water line
(Approx. Long. 132[deg] W. Lat. 54[deg]42' N.).
(M) Lewis Reef and Tongass Narrows are shown on the U.S Coast and
Geodetic Survey Chart No. 8094--Sheet No. 71. The reference location is
marked as 75 south, 90 east, CRM, SEC 9. The area point begins at the
reef off of Lewis Point and partly bare at low water. This part of the
reef is not covered at low water and lies on the northeast side of a
true northwest-and-southeast line that is located 300 feet true
southwest from the center of the concrete pier of Lewis Reef Light
(Approx. Long. 131[deg]44\1/2\' W. Lat. 55[deg]22'25'' N.).
(N) Lyman Point and Clarence Strait are shown on the U.S Coast and
Geodetic Survey, Chart No. 8076--Sheet No. 8. The reference location is
marked as 73 south, 86 east, CRM, SEC 13, on a map labeled as USS 2174
TRC. It begins at a point at the low-water mark. The aforementioned
point is 300 feet in a direct line easterly from Lyman Point light;
thence due south 300 feet; thence due west to a low-water mark 400
feet, more or less; thence following the winding of the low-water mark
to place of beginning (Approx. Long. 132[deg]18' W. Lat. 35[deg]35'
N.).
(O) Narrow Point, Clarence Strait, and Prince of Wales Island are
shown on the U.S. Coast and Geodetic Survey Chart No. 8100--Sheet No.
9. The reference location is marked as 70 south, 84 east, CRM, on a map
labeled as USS 1628. The point begins at a point on a low-water line
about 1 nautical mile southerly from Narrow Point Light, from which
point a left tangent to a high-water line of an islet about 500 yards
in diameter and about 300 yards off shore, bears south 30[deg] true
East; thence north 30[deg] W., true 7,600 feet; thence N. 60[deg] E.,
3,200 feet, more or less to an intersection with a low-water line;
thence southeasterly, southerly, and southwesterly, following the
winding of the low-water line to the point of the beginning. The map
includes all adjacent rocks not covered at low water (Approx. Long.
132[deg]28' W. Lat. 55[deg]47\1/2\' N.).
(P) Niblack Point, Cleveland Peninsula, and Clarence Strait,
Alaska, are shown on the U.S. coast and Geodetic Survey Chart No.
8102--Sheet No. 6, which is the same sheet used for Caamano Point. The
location begins at a point on a low-water line from which Niblack Point
Beacon, a tripod anchored to three concrete piers, bears southeasterly
and is 1,520 feet in a direct line; thence true northeast 1,520 feet;
thence true southeast 3,040 feet; thence true southwest at 600 feet,
more or less, to an intersection with a low-water line; thence
northwesterly following the windings of the low-water line to the point
of the beginning (Approx. Long. 132[deg]07' W. Lat. 55[deg]33' N.).
(Q) Rosa Reef and Tongass Narrows are shown on the U.S. Coast and
Geodetic Survey Chart No. 8094--Sheet No. 71. The reference location is
marked as 74 south, 90 east, CRM, SEC 31. That part of the reef is not
covered at low water and lies east of a true north-and-south line,
located 600 feet true west from the center of the concrete pier of Rosa
Reef Light. The reef is covered at high water (Approx. Long.
131[deg]48' W. Lat. 55[deg]24'15'' N.).
(R) Ship Island and Clarence Strait are shown on the U.S. Coast and
Geodetic Survey Chart No. 8100--Sheet No. 9. The reference location is
marked as south, 8 east, CRM, SEC 27. The point begins as a small
island on the northwesterly side of the Clarence Strait, about 10
nautical miles northwesterly from Caamano Point and \1/4\ mile off the
shore of Cleveland Peninsula. The sheet includes all
[[Page 36842]]
adjacent islets and rocks not connected to the main shore and not
covered at low water (Approx. Long. 132[deg]12' W. Lat. 55[deg]36' N.).
(S) Spire Island Reef and Revillagigedo Channel are shown on the
U.S. Coast and Geodetic Survey Chart No. 8075--Sheet No. 3. The
reference location is marked as 76 south, 92 east, CRM, SEC 19.The
detached reef, covered at high water and partly bare at low water, is
located northeast of Spire Island. Spire Island Light is located on the
reef and consists of small houses and lanterns surmounting a concrete
pier. See chart for ``Angle Pt.'' (Approx. Long. 131[deg]30' W. Lat.
55[deg]16' N.).
(T) Surprise Point and Nakat Inlet are shown on the U.S. Coast and
Geodetic Survey Chart No. 8051--Sheet No. 1. The reference location is
marked as 80 south, 89 east, CRM. This point lies north of a true east-
and-west line. The true east-and-west line lies 3,040 feet true south
from the northernmost extremity of the point together with adjacent
rocks and islets (Approx. Long. 130[deg]44' W. Lat. 54[deg]49' N.).
(U) Caamano Point, Cleveland Peninsula, and Clarence Strait,
Alaska, are shown on the U.S. Coast and Geodetic Survey Chart No.
8102--Sheet No. 6. Location consists of everything apart of the extreme
south end of the Cleveland Peninsula lying on a south side of a true
east-and-west line that is drawn across the point at a distance of 800
feet true north from the southernmost point of the low-water line. This
includes off-lying rocks and islets that are not covered at low water
(Approx. Long. 131[deg]59' W. Lat. 55[deg]30' N.).
(V) Meyers Chuck and Clarence Strait, Alaska, are shown on the U.S.
and Geodetic Survey Chart No. 8124--Sheet No. 26. The small island is
about 150 yards in diameter and located about 200 yards northwest of
Meyers Island (Approx. Long. 132[deg]16' W. Lat. 55[deg]44\1/2\' N.).
(W) Round Island and Cordova Bay, Alaska, are shown on the U.S
coast and Geodetic Survey Chart No. 8145--Sheet No. 36. The
Southwestern Island of the group is about 700 yards long, including
off-lying rocks and reefs that are not covered at low water (Approx.
Long. 132[deg]30\1/2\' W. Lat. 54[deg]46\1/2\' N.).
(X) Mary Island begins at a point that is placed at a low-water
mark. The aforementioned point is southward 500 feet from a crosscut on
the side of a large rock on the second point below Point Winslow and
Mary Island; thence due west \3/4\ mile, statute; thence due north to a
low-water mark; thence following the winding of the low water to the
place of the beginning (Approx. Long. 131[deg]11'00'' W. Lat.
55[deg]05'55'' N.).
(Y) Tree Point starts a point of a low-water mark. The
aforementioned point is southerly \1/2\ mile from extreme westerly
point of a low-water mark on Tree Point, on the Alaska Mainland; thence
due true east, \3/4\ mile; thence due north 1 mile; thence due west to
a low-water mark; thence following the winding of the low-water mark to
the place of the beginning (Approx. Long. 130[deg]57'44'' W. Lat.
54[deg]48'27'' N.).
* * * * *
Dated: May 31, 2016.
Dated: February 17, 2016.
Sally Jewell,
Secretary of the Interior.
Beth G. Pendleton,
Regional Forester USDA--Forest Service.
[FR Doc. 2016-13374 Filed 6-7-16; 8:45 am]
BILLING CODE 3410-11-4333-15-P
