[Federal Register: March 24, 1999 (Volume 64, Number 56)] [Rules and Regulations] [Page 14149-14151] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr24mr99-14] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Parts 25 and 36 RIN 1018-AE21 Regulations for Administrative and Visitor Facility Sites on National Wildlife Refuges in Alaska AGENCY: Fish and Wildlife Service, Interior. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule amends current regulations and provides us with proper authority to enforce regulations concerning public safety, protection of government property, and applicable State of Alaska fish and wildlife regulations on administrative and visitor facility sites commonly located outside the approved boundaries of national wildlife refuges in Alaska. DATES: This rule is effective April 23, 1999. ADDRESSES: U.S. Fish and Wildlife Service, Attention: George Constantino, 1011 E. Tudor Road, Anchorage, Alaska 99503. FOR FURTHER INFORMATION CONTACT: George Constantino; telephone (907) 786-3557. SUPPLEMENTARY INFORMATION: Background The National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd-668ee) as amended and Section 1306 of the Alaska National Interest Lands Conservation Act of 1980 (ANILCA) (16 U.S.C. 3196) authorize the Secretary of the Interior to establish administrative sites and visitor facilities outside the boundaries of, and in the vicinity of, refuge units and to prescribe regulations governing use of such acquired lands. We originally published the current regulations governing use on units of the National Wildlife Refuge System in Alaska, codified at 50 CFR part 36, in the Federal Register on June 17, 1981 (46 FR 31827, as corrected at 46 FR 40194, August 7, 1981), and amended them in 1986 (51 FR 44793, December 12, 1986). The existing regulations in part 36 are applicable only on federally-owned lands within the approved boundaries of Alaska National Wildlife Refuges. We currently have administrative and visitor facility sites that are both inside and outside the approved boundaries of refuges, some of which are held in less than fee title. Examples of visitor facility sites include Alaska Maritime Refuge's Visitor Center and Headquarters Complex (fee title land) in Homer; Tetlin Refuge's two campgrounds (leased from the State of Alaska) near Northway; and Kenai Refuge's ``Sportsmen's Lodge'' access and parking area (leased from the State of Alaska and Memorandum of Understanding with the U.S. Forest Service) on the Kenai River at the Russian River confluence near Cooper Landing. Refuge officers currently do not have full authority to enforce applicable Federal and State regulations at visitor facility locations such as those noted above and other administrative sites, including refuge staff offices and residences. The primary purpose of these regulations is to provide us with the proper regulatory authority to enforce regulations concerning public safety, protection of United States government property, and State of Alaska fish and resident wildlife statutes on administrative and visitor facility sites of national wildlife refuges in Alaska. Analysis of Public Comments and Changes Made to the Proposed Rule We received two written comments on the proposed rule; one from the general public and one from the State of Alaska's Division of Governmental Coordination (Division). The comment from the member of the general public opposed the regulations and stated that we ``should not have the ability to enforce State Fish and Game regulations anywhere and existing authority, if any, should be curtailed not increased.'' The Division's comments requested that we not promulgate these regulations as they are unnecessary. Their opposition focused primarily on the fact that the Service and the Alaska Department of Public Safety were currently in the process of renegotiating a Memorandum of Agreement for cooperative law enforcement. The draft agreement provided a delegation of State authority to specified Service refuge officers to enforce State criminal, motor vehicle, and public safety laws and regulations on lands leased or owned by us, or in situations involving an immediate threat to public safety. The Division contended that the completed Memorandum of Agreement would resolve our gap in authority without expanding the Federal regulatory presence on these lands. Both parties have now signed the final Memorandum of Agreement. The agreement does partially address our needs by including a provision which allows delegation of refuge officers as State authorities for the conservation of wildlife and natural resources as well as for public safety. However, according to the agreement, only refuge officers ``whose principal duty is the enforcement of conservation laws . . .'' receive delegated State authority. The State delegation of authority greatly expands a refuge officer's authority on all lands within the boundary of the State of Alaska. Both parties understood while developing the agreement that only a very limited number of refuge officers would receive State authority, and the State would approve individuals on a case-by-case basis. It was not the intent of the agreement to grant State cross-deputization with an associated broad expansion of authorities to all refuge officers in order to resolve our need for a limited expansion of authority for refuge officers at refuge administrative and visitor facility sites. The State also had concerns whether the scope of the regulations would include access areas such as Alaska Native Claims Settlement Act (ANCSA) 17(b) easements or would affect the Alaska National Interest Lands Conservation Act (ANILCA) Title VIII subsistence issues. After considering the foregoing comments, we need this regulation to provide all refuge officers with the proper authority to enforce regulations concerning public safety, protection of government property, and applicable State of Alaska fish and wildlife regulations on refuge administrative and visitor facility sites. In response to the State's concerns, we have amended the language to clarify that the scope of the regulation does not include ANCSA 17(b) easements. The regulation does not affect ANILCA Title VIII issues. Required Determinations Regulatory Planning and Review (E.O. 12866) This document is not a significant rule subject to Office of Management and Budget review under Executive Order 12866. 1. This rule will not have an effect of $100 million or more on the economy. It will not adversely affect in a material way the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities. [[Page 14150]] This action is of an administrative nature only, and places no new economic or regulatory burden on the visiting public. 2. This rule will not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency. See explanation under Regulatory Flexibility Act. 3. This rule does not alter the budgetary effects or entitlements, grants, user fees, or loan programs or the rights or obligations of their recipients. See explanation under Regulatory Flexibility Act. 4. This rule does not raise novel legal or policy issues. See explanation under Regulatory Flexibility Act. Regulatory Flexibility Act The primary purpose of these revised regulations is to provide us with the proper regulatory authority to enforce regulations concerning public safety, protection of United States government property, and State of Alaska fish and resident wildlife statutes on fewer than ten administrative and visitor facility sites located both inside and outside the National Wildlife Refuges System in Alaska. Examples of these sites include Alaska Maritime Refuge's Visitor Center and Headquarters Complex (fee title land) in Homer, Tetlin Refuge's two campgrounds (leased from the State of Alaska) near Northway, and Kenai Refuge's ``Sportsmen's Lodge'' access and parking area (leased from the State of Alaska and memorandum of understanding with the U.S. Forest Service) on the Kenai River at the Russian River confluence near Cooper Landing. This action is of an administrative nature only, and places no new economic or regulatory burden on the visiting public. We certify that this document will not have a significant economic effect on a substantial number of small entities such as businesses, organizations and governmental jurisdictions in the area under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1501 et seq., Pub. L. 104-4, E.O. 12875) This rulemaking does not impose an unfunded mandate on State, local, or tribal governments or the private sector of more than $100 million per year. The rule does not have a significant or unique effect on State, local or tribal governments or the private sector. See explanation under Regulatory Flexibility Act determination. A statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required. Takings (E.O. 12630) In accordance with Executive Order 12630, this rule does not have significant takings implications. See explanation under Regulatory Flexibility Act determination. Federalism (E.O. 12612) In accordance with Executive Order 12612, this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. It will not have substantial direct effects on the States, in their relationship between the Federal Government and the States, or on the distribution of power and responsibilities among the various levels of government. Civil Justice Reform (E.O. 12988) In accordance with Executive Order 12988, the Office of the Solicitor has determined that this rule does not unduly burden the judicial system and meets the requirements of sections 3(a) and 3(b)(2) of the Order. Paperwork Reduction Act This regulation does not require an information collection from ten or more parties and a submission under the Paperwork Reduction Act of 1995 is not required. Section 7 Consultation We reviewed this rule with regard to Section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1531-1543) and find the action is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of habitat of such species within the System since the rule is administrative, financial, legal, technical or procedural in nature and/or makes minor modifications to existing public use programs. National Environmental Policy Act We ensure compliance with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4332(C)) when developing refuge public use management plans, and we make determinations required by NEPA before the addition of refuges to the lists of areas open to public uses in 50 CFR part 32. The minor revisions to regulations as outlined in this document amend current regulations to provide us with the proper authority to enforce regulations concerning public safety, protection of government property, and applicable State of Alaska fish and wildlife regulations on administrative and visitor facility sites commonly located outside the approved boundaries of national wildlife refuges in Alaska. In accordance with 516 DM 2, Appendix 1, we have determined that this rule is categorically excluded from the National Environmental Policy Act (NEPA) process because it is limited to ``policies, directives, regulations and guidelines of an administrative, financial, legal, technical or procedural nature.'' 516 DM 2, Appendix 1, Sec. 1.10. These regulations simply qualify or otherwise define methods we may or may not use, for purposes of resource management. Individual refuge headquarters retain information regarding public use programs and the conditions that apply to their specific programs, and maps of their respective areas. You may also obtain information from the regional office at the address listed below: Region 7--Alaska. Assistant Regional Director--Refuges and Wildlife, U.S. Fish and Wildlife Service, 1011 E. Tudor Rd., Anchorage, Alaska 99503; Telephone (907) 786-3557. Primary Author George Constantino, Chief, Division of Refuges, U.S. Fish and Wildlife Service, Alaska Region. List of Subjects 50 CFR Part 25 Administrative practice and procedure, Concessions, Reporting and recordkeeping requirements, Safety, Wildlife refuges. 50 CFR Part 36 Alaska, Recreation and recreation areas, Reporting and recordkeeping requirements, Wildlife refuges. For the reasons set forth in the preamble, we amend parts 25 and 36 of Chapter I of Title 50 of the Code of Federal Regulations as follows: PART 25--[AMENDED] 1. The authority citation for part 25 continues to read as follows: Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd, 715i, 3901 et seq.,; and 102-402, 106 Stat. 1961. 2. We amend Sec. 25.12 by revising the section heading and by adding the definition for ``Service'' in alphabetical order to read as follows: Sec. 25.12 What do these terms mean? * * * * * Service or we means U.S. Fish and Wildlife Service, Department of the Interior. * * * * * [[Page 14151]] PART 36--[AMENDED] 3. We revise the authority citation for part 36 to read as follows: Authority: 5 U.S.C. 301; 16 U.S.C. 460(k) et seq., 668dd-668ee, as amended, 742(a) et seq., 3101 et seq.; and 44 U.S.C. 3501 et seq. 4. Amend Sec. 36.1 by revising the section heading, by revising paragraph (b), and by adding paragraph (c) to read as follows: Sec. 36.1 How do the regulations in this part apply to me and what do they cover? * * * * * (b) Except as provided in paragraph (c) of this section, the regulations contained in this part are applicable only on federally- owned lands within the boundaries of any Alaska National Wildlife Refuge. For purposes of this part, ``federally-owned lands'' means land interests held or retained by the United States, but does not include those land interests: (1) Tentatively approved, legislatively conveyed, or patented to the State of Alaska; or (2) Interim conveyed or patented to a Native Corporation or person. (c) The regulations found in 50 CFR, parts 25, 26, 27, and 28, and Secs. 32.2(d) and 32.5(c), except as supplemented or modified by this part or amended by ANILCA, along with the regulations found in 50 CFR 36.35(d), also are applicable to administrative and visitor facility sites of the Fish and Wildlife Service in Alaska which we may hold in fee or less than fee title and are either inside or outside the approved boundaries of any Alaska National Wildlife Refuge. Less than fee title lands do not include easements under Section 17(b) of the Alaska Native Claims Settlement Act (85 Stat. 688), but although not limited to, they include sites administered by a national wildlife refuge under the terms of a memorandum of understanding or lease agreement. 5. Amend Sec. 36.2 by revising the section heading, by removing paragraph designations (a) through (o), placing existing definitions in alphabetical order, and by adding a new definition in alphabetical order to read as follows: Sec. 36.2 What do these terms mean? * * * * * Administrative and visitor facility sites means any facility or site administered by the U.S. Fish and Wildlife Service for public entry or other administrative purposes including, but not limited to, refuge staff offices, visitor centers, public access and parking sites, and campgrounds. * * * * * 6. Amend Sec. 36.33(a) by revising the section heading, and by removing paragraph designations (a)(1) through (a)(11), and placing existing definitions in alphabetical order, to read as follows: Sec. 36.33 What do I need to know about using cabins and related structures on Alaska National Wildlife Refuges? * * * * * Dated: December 7, 1998. Donald J. Barry, Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 99-6942 Filed 3-23-99; 8:45 am] BILLING CODE 4310-55-P