[Federal Register Volume 61, Number 130 (Friday, July 5, 1996)]
[Rules and Regulations]
[Pages 35133-35137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17168]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Parts 1 and 13

RIN 1024-AC21


General Regulations for Areas Administered by the National Park 
Service and National Park System Units in Alaska

AGENCY: National Park Service, Interior.

ACTION: Final rule.

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SUMMARY: The National Park Service (NPS) is revising portions of its 
general regulations for areas it administers that define the primary 
scope and applicability and contain definitions for terms used in the 
text of the regulations. NPS is also modifying regulations that relate 
to National Park System units in Alaska. This revision clarifies the 
applicability of those NPS regulations that apply in all National Park 
System areas to waters subject to federal jurisdiction located within 
park boundaries, including navigable waters.
    In order to protect wildlife and the other values and purposes of 
the National Park System, NPS developed general regulations intended to 
be applicable on navigable waters located within park boundaries 
irrespective of ownership of submerged lands. However, litigation 
concerning a seal shot in the navigable waters of a national park 
revealed that a 1987 editorial correction to 36 CFR 1.2(b), aimed at 
clarifying a separate and distinct application of the regulations, had 
the unforeseen and unintended effect of arguably linking federal title 
to submerged lands with the exercise of management authority over 
activities occurring on navigable waters. This rulemaking will clarify 
the regulations and ensure the continued protection of wildlife and 
other National Park System values and purposes on navigable waters 
within parks, regardless of ownership of submerged lands. The revision 
clarifies that NPS regulations continue to apply on navigable waters, 
as they have for years. Two definitions, ``park area'' and 
``boundary,'' are modified by this revision. This rulemaking clarifies 
and interprets existing NPS regulatory intent, practices and policies, 
and generally would not place new or additional regulatory controls on 
the public.

EFFECTIVE DATE: August 5, 1996.

FOR FURTHER INFORMATION CONTACT: Dennis Burnett, Ranger Activities 
Division, National Park Service, P.O. Box 37127, Washington, D.C. 
20013-7127, Telephone (202) 208-4874.

SUPPLEMENTARY INFORMATION:

Background

    The NPS Organic Act of 1916 directs the Secretary of the Interior 
and the NPS to manage national parks and monuments to ``conserve the 
scenery and the natural and historic objects and the wild life therein 
and to provide for the enjoyment of the same in such manner and by such 
means as will leave them unimpaired for the enjoyment of future 
generations.'' 16 U.S.C. Sec. 1. The organic act also grants the 
secretary the authority to implement ``rules and regulations as he may 
deem necessary or proper for the use and management of the parks, 
monuments and reservations under the jurisdiction of the National Park 
Service.'' 16 U.S.C. Sec. 3. In the Redwood Expansion Act of 1978, 
Congress gave further direction to the secretary to ensure that:

    The authorization of activities shall be construed and the 
protection, management and administration of [NPS] areas shall be 
conducted in light of the high public value and integrity of the 
National Park System and shall not be exercised in derogation of the 
values and purposes for which these various areas have been 
established, except as may have been or shall be directly and 
specifically provided by Congress. 16 U.S.C. Sec. 1a-1.

    In to general regulatory authority delegated in 16 U.S.C. Sec. 3, 
in 1976 Congress amended the 1970 Act for Administration (known as the 
General Authorities Act) and authorized NPS to ``[p]romulgate and 
enforce regulations concerning boating and other activities on or 
relating to waters located within areas of the National Park System, 
including waters subject to the jurisdiction of the United States.* * 
*'' 16 U.S.C. Sec. 1a-2(h). ``Waters subject to the jurisdiction of the 
United States'' include navigable waters. See, H. Rep. No. 1569, 94th 
Cong., 2nd Sess., 4292 (1976). Under these authorities the NPS has 
managed and regulated activities occurring on and in the waters of the 
National Park System.
    Before 1966, NPS regulations for boating, sanitation, and other 
water-use regulations were scattered throughout 36 CFR parts 1 and 2. 
In 1966, NPS published consolidated boating regulations as 36 CFR part 
3. The regulations provided for the enforcement of U.S. Coast Guard 
regulations by NPS ``on navigable waters of the United States'' located 
within park boundaries (31 FR 16650). In 1983, NPS moved water-use 
activity regulations from part 2 to part 3 (48 FR 30290). In addition 
to regulations generally applicable in all national park areas, NPS has 
promulgated special park-specific regulations that NPS enforces on and 
in navigable waters within the boundaries of particular National Park 
System units. See, e.g., 36 CFR 7.45(f)-(h) (Everglades National Park, 
Fishing and Boating); 36 CFR 7.38(b) (Isle Royale National Park, 
Underwater diving); 36 CFR 7.83(a) (Ozark National Scenic Riverways, 
Boating); 36 CFR 13.65(b) (Glacier Bay National Park, Vessel 
Management/Whale protection).

Applicability and Scope Provision

    In 1982-83 NPS undertook a comprehensive review of general 
regulations that apply in virtually all NPS administered areas (47 FR 
11598). The applicability and scope provisions adopted pursuant to the 
1983 rulemaking included navigable waters.

[[Page 35134]]

In that rulemaking, 36 CFR 1.2(a) provided that the regulations 
contained in 36 CFR chapter 1 would apply: (1) on federally owned 
waters, and (2) on waters ``controlled, * * * administered or otherwise 
subject to the jurisdiction of the National Park Service. * * *'' (48 
FR 30252). In some park areas, the United States holds title to the 
submerged lands under navigable waters. In other park areas, the United 
States does not hold title to the submerged lands beneath navigable 
waters within the boundaries of the park; federal authority to regulate 
within the ordinary reach of these waters is based on the commerce and 
property clauses of the U.S. Constitution, not ownership. Like the 
United States Coast Guard, NPS exercises authority over navigable 
waters irrespective of ownership of submerged lands. 16 U.S.C. Sec. 1a-
2(h). As promulgated in 1983, 36 CFR 1.2(a)(2) reflected the 
congressional intent that NPS regulations applied in these waters.
    The 1983 regulations also provided that--except in park areas under 
the legislative jurisdiction of the United States, where 10 
specifically enumerated provisions were intended to apply regardless of 
ownership--the regulations were ``not applicable on privately owned 
lands and waters. * * *'' (48 FR 30252); 36 CFR 1.2(b). While 36 CFR 
1.2(b) (as promulgated in 1983) was specific as to the applicability of 
the 10 enumerated provisions on privately owned lands, it was silent as 
to the applicability of those 10 regulations on lands and waters owned 
by a state or other government entity. In 1987, in response to 
questions concerning this issue, and in order to clarify the original 
NPS intent (i.e., that the 10 specifically enumerated provisions were 
meant to apply on all lands and waters regardless of landownership) the 
term ``privately owned lands and waters'' was replaced with the term 
``non-federally owned lands and waters.'' (52 FR 35238; see also, 52 FR 
12037). The 1987 rulemaking emphasized that it was only an editorial 
change and not a substantive change, the sole purpose of which was to 
clarify the originally intended reach of the 10 enumerated provisions; 
there was no change intended concerning state lands.
    However, in its effort to ensure that (in areas of legislative 
jurisdiction) the 10 enumerated regulations clearly apply on all ``non-
federally owned lands and waters'' within the boundaries of park areas, 
the 1987 revision to section 1.2(b) inadvertently incorporated language 
that seems ambiguous and could preclude park regulation of ``non-
federally owned * * * waters.'' See, 52 FR 35238, September 18, 1987. 
NPS recognizes that regulations must provide an ordinary person a 
reasonable opportunity to know when regulations apply. Accordingly, 
this rulemaking clarifies that NPS regulations otherwise applicable 
within the boundaries of a National Park System unit apply on and 
within waters subject to the jurisdiction of the United States located 
within that unit, including navigable waters and areas within their 
ordinary reach (up to the mean high water line in places subject to the 
ebb and flow of the tide, or up to the ordinary high water mark in 
other places that are navigable), irrespective of ownership of 
submerged lands, tidelands or lowlands, and jurisdictional status.
    This rulemaking also revises the definition of ``boundary'' to 
better cover the many and diverse sites that have been placed under the 
care and administration of NPS. The revision provides protection to 
people and property at NPS sites such as maintenance facilities and 
warehouses, administrative sites, ranger stations, visitor information 
centers and associated parking lots, which, though located outside a 
park proper, are managed and administered by NPS as components of the 
National Park System. This definition is also tailored to cover the 
various NPS-administered sites in the District of Columbia. The term 
``park area'' is revised to mean the same as the term ``National Park 
System.'' The definition for ``National Park System'' adopted by this 
rulemaking repeats the statutory definition from 16 U.S.C. Sec. 1c.
    Revisions to section 13.2 in this rule serve three purposes: (1) 
Paragraph (c) is revised to clarify that NPS subsistence regulations, 
promulgated under the authority of the Alaska National Interest Lands 
Conservation Act (ANILCA), 16 U.S.C. Sec. 3101 et seq., Titles II and 
VIII, apply only ``on federally owned lands and interests therein 
within park areas where subsistence is authorized;'' (2) paragraph (e) 
is revised to clarify that, pursuant to proposed Sec. 1.2(a)(3), NPS 
general regulations specifically apply within the reach of navigable 
waters located within the boundaries of park areas in Alaska; and (3) 
paragraph (e) is revised to clarify that the part 13 modifications 
(that generally are relaxations of prohibitions contained in the 
general regulations) also apply on the navigable waters of national 
parks in Alaska (e.g., 36 CFR 13.20 (authorization for recreational 
gold panning), see also, 43 CFR 36.11(d) (special authorization for 
motorboat use)).

Analysis of Comments

    NPS published the proposed rule in the Federal Register on December 
5, 1995 (60 FR 62233). NPS received six timely comments on the proposed 
rule. The State of Alaska, Office of the Attorney General and the 
Alaska State Legislature; the Alaska Miners Association, Incorporated; 
the International Association of Fish and Wildlife Agencies; Sierra 
Club; and the National Parks and Conservation Association commented. 
NPS has carefully considered each of these comments. NPS's responses to 
the comments are as follows:

Legislative Jurisdiction: Ten Enumerated Regulations

    One commenter supposed that adoption of this rule would make the 10 
enumerated 36 CFR part 2 regulations that apply on all lands and waters 
within a park that are under the legislative jurisdiction of the United 
States apply on park waters (regardless of legislative jurisdiction). 
Those ten regulations are:

36 CFR 2.2  Wildlife protection
36 CFR 2.3  Fishing
36 CFR 2.4  Weapons, traps and nets
36 CFR 2.13  Fires
36 CFR 2.22 (a)(2), (b) and (c)  Property
36 CFR 2.30  Misappropriation of property and services
36 CFR 2.31  Trespassing, tampering and vandalism
36 CFR 2.32  Interfering with agency functions
36 CFR 2.34  Disorderly conduct
36 CFR 2.36  Gambling

    NPS believes that confusion over this point stems from the fact 
that the rule uses the term ``waters subject to the jurisdiction of the 
United States'' in subparagraph 1.2(a)(3). NPS notes that this term may 
be confused with the term ``lands and waters under the legislative 
jurisdiction of the United States'' (see, e.g., 36 CFR 2.2(g); see 
also, 36 CFR 4.1).
    ``Legislative jurisdiction'' means exclusive federal or concurrent 
(state and federal) jurisdiction (see, 36 CFR Sec. 1.4 (definition of 
legislative jurisdiction) and 40 U.S.C. 255 (the legislative authority 
for cessions of jurisdiction)), i.e., lands and waters over which the 
federal government has general lawmaking authority. The 10 enumerated 
provisions of 36 CFR part 2 apply on lands and waters that are within 
park boundaries and under the legislative jurisdiction of the United 
States regardless of ownership (see, e.g., 36 CFR 2.2(g); see also, 36 
CFR 4.1).

[[Page 35135]]

    ``Waters subject to the jurisdiction of the United States'' has a 
different meaning, and refers to waters over which the United States 
exercises federal commerce clause authority (see, H. Rep. No. 1569, 
94th Cong., 2nd Sess., 4292 (1976); see also, 33 CFR parts 328-329). 
This rulemaking clarifies that NPS regulations contained in 36 CFR 
parts 1 through 5, part 7, and part 13 (including the 10 enumerated 
regulations) apply on such waters located within park boundaries 
regardless of jurisdictional status.

National Park System Units in Alaska: ANILCA Section 103

    The Alaska State Legislature contends in their comments that ANILCA 
Sec. 103(c) should be interpreted as superseding NPS authority to 
regulate waters within park boundaries pursuant to 16 U.S.C. Sec. 1a-
2(h). The Attorney General of Alaska makes a similar contention 
concerning NPS general authority to protect natural and other resources 
through general regulations; the Attorney General concedes only that 16 
U.S.C. Sec. 1a-2(h) permits NPS to promulgate and enforce regulations 
concerning boating and related activities, and to enforce Coast Guard 
regulations on navigable waters within park boundaries. In contrast, 
the National Parks and Conservation Association writes that NPS has 
clear authority to regulate on all waters within National Park System 
areas to protect park purposes and values.
    In ANILCA, Congress outlined an expansive and inclusive scope of 
resource protection that was to apply within national parks in Alaska. 
Congress further charged NPS to protect populations of fish and 
wildlife and habitat that necessarily includes the great river systems 
running through and within the parks (ANILCA Title II). NPS does not 
agree with the State of Alaska's contention that ANILCA Sec. 103(c) 
preempts NPS's well-established authority on navigable waters. NPS does 
not think that ANILCA Sec. 103(c), which was characterized by Congress 
as a minor technical provision, should be read in isolation from the 
context of the whole act. ANILCA should be interpreted consistent with 
its underlying protective purposes: to protect objects of ecological, 
cultural, geological, historical, prehistorical, and scientific 
interest.

National Park System Units in Alaska: Subsistence Uses on ``Public 
Lands''

    In response to a comment NPS would like to emphasize that this 
rulemaking does not affect subsistence uses conducted in National Park 
System units in Alaska. As adopted, subparagraph (c) of 36 CFR 13.2 
provides that: ``Subpart B of this part 13 contains regulations 
applicable to subsistence uses. Such regulations apply on federally 
owned lands and interests therein within park areas where subsistence 
is authorized.'' This revision merely moves the reference to federally 
owned lands currently found in subparagraph (e) to subparagraph (c) to 
maintain the status quo. Although the term ``public lands'' appeared in 
the proposed rule (rather than ``federally owned lands'') NPS intended 
no change. Application of Federal Subsistence Board regulations (i.e. 
seasons and bag limits) to navigable waters or selected but not yet 
conveyed lands is outside the scope of this rulemaking. See, 61 FR 
15014, April 4, 1996.

Lands Administered Pursuant to the Terms of a Written Instrument

    NPS would like to clarify that when NPS leases property and 
administers the property for public-use purposes, NPS regulations 
apply. If an owner/lessor wishes to retain rights or uses, the owner 
should do so as part of the lease; otherwise NPS general regulations 
will apply equally to the owner as they would to a third party. When 
NPS administers property for public use pursuant to an easement, the 
easement will define the federal interest. The scope of the acquired 
federal interest will determine the regulations that would apply. 
However, when NPS enters into an agreement to administer property 
through a written instrument, such as a memorandum of agreement, 
memorandum of understanding, or other written form (such as a national 
trail certification agreement), NPS regulations will apply only to the 
extent provided by the owner of the property during the term of the 
agreement. The agreement document must describe the type(s) of public 
use to be managed by NPS or otherwise define the scope of management 
delegated by the owner to NPS. Regulations that are consistent with the 
intent of the agreement will then apply.
    NPS wishes to note that NPS often enters into agreements with 
landowners where there is no intent by the landowner to grant--nor by 
NPS to assume--regulatory control of the property.

Section-by-Section Analysis

    Section 1.2 paragraph (a) is promulgated without change. This 
paragraph limits the applicability of NPS regulations to within park 
boundaries and interests.
    Subparagraphs (a)(1) and (a)(2) provide that the regulations apply, 
respectively, on lands and waters located within park system boundaries 
that are federally owned, or administered as park lands by NPS (in 
whole or in part) through a written instrument with the owner, party of 
interest, or the person, corporation, company, organization, state or 
political subdivision holding an interest in, or title to, such land. A 
written instrument could be in the form of a lease or public use 
easement, or a memorandum of agreement or some other written form 
authorizing NPS management. Without such an agreement, NPS regulations 
would not apply on non-federally owned lands within park boundaries, 
the exception being particular regulations containing a provision that 
makes them specifically applicable to such lands. See, e.g., 36 CFR 
2.2(g) (regulation applies to lands and waters under legislative 
jurisdiction within a park); see also, 36 CFR part 6 (59 FR 65948).
    Subparagraph (a)(3) clearly defines and includes waters subject to 
federal jurisdiction that are located within National Park System 
boundaries, including navigable waters, within the scope of NPS 
regulations. Subparagraph (a)(4) contains a provision for NPS to 
administer lands and waters in the District of Columbia (pursuant to 
the Act of March 17, 1948 (62 Stat. 81)), that was added to the former 
subparagraph (2) in 1986 (51 FR 37010). The less-than-fee interests 
provision, formerly subparagraph (a)(3), has been revised, renumbered 
and adopted as subparagraph (a)(5). This provision encompasses scenic 
easements (sometimes referred to as negative easements) and other 
federal interests where NPS administration of the site is shared or 
limited.
    Paragraph (b) continues to limit the applicability of NPS general 
regulations to federally owned lands in the absence of an agreement or 
a superseding provision. Similarly, in order for NPS general 
regulations to apply on Indian tribal trust lands located within 
National Park System boundaries, NPS must enter into an agreement with 
the benefiting Indian nation, tribe, band, or pueblo (pursuant to 
proposed subparagraph (a)(2)). Without such an agreement, and 
regardless of jurisdictional status, NPS authority on Indian lands 
located within National Park System units is limited to federal laws 
and implementing regulations made applicable at the express direction 
of Congress. Paragraph (d) extends existing administrative exceptions 
to include part 13 regulations.

[[Page 35136]]

    Section 1.4 adopts revisions to the definitions ``boundary'' and 
``park area.'' ``Boundary,'' as revised, affords comprehensive coverage 
to the many and diverse sites that have been placed under the care and 
administration of NPS, including those sites located in the District of 
Columbia. The term ``park area'' is revised to mean the same as the 
term ``National Park System.'' The definition for ``National Park 
System'' repeats the statutory definition from 16 U.S.C. 1c.
    Section 13.2 paragraph (c) has been revised to clarify that NPS 
general subsistence regulations for Alaska apply on federally owned 
lands and interests therein within park areas where subsistence is 
authorized. The final rule refers to subsistence uses rather than 
subsistence activities to standardize part 13 text. The term 
``subsistence uses'' is defined at section 13.42(c) and used throughout 
section 13, subpart B. The omission of Sitka National Historical Park 
from the list of subsistence-excepted parks in the proposed rule was an 
oversight that this rulemaking corrects. ANILCA does not authorize 
subsistence uses in Sitka National Historical Park. Paragraph (e) is 
revised to clarify that NPS general regulations (e.g., part 2), as 
modified by part 13, apply to waters subject to federal jurisdiction, 
including navigable waters, located within the boundaries of park areas 
in Alaska.

Drafting Information

    The primary authors of this revision are Michael Tiernan, Division 
of Conservation and Wildlife, Office of the Solicitor, Department of 
the Interior, Washington, DC, and Steve Shackelton and Russel J. Wilson 
of the Alaska System Support Office and Alaska Field Office, National 
Park Service. Richard G. Robbins, Division of Conservation and 
Wildlife, Office of the Solicitor, Department of the Interior, 
Washington, DC, also contributed.

Paperwork Reduction Act

    This rule does not contain collections of information requiring 
approval by the Office of Management and Budget under 44 U.S.C. 3501 et 
seq.

Compliance With Other Laws

    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866. The Department of the Interior has 
determined that this document will not have a significant economic 
effect on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.). The economic effects of this 
rulemaking are local in nature and negligible in scope.
    NPS has determined and certifies pursuant to the Unfunded Mandates 
Reform Act, 2 U.S.C. 1502 et seq., that this rule will not impose a 
cost of $100 million or more in any given year on local, state, or 
tribal governments or private entities.
    NPS has determined that this rulemaking will not have a significant 
effect on the quality of the human environment, health and safety 
because it is not expected to:
    (a) Increase public use to the extent of compromising the nature 
and character of the area or causing physical damage to it;
    (b) Introduce incompatible uses that may compromise the nature and 
characteristics of the area, or cause physical damage to it;
    (c) Conflict with adjacent ownerships or land uses; or
    (d) Cause a nuisance to adjacent owners or occupants.
    Based on this determination, this rulemaking is categorically 
excluded from the procedural requirements of the National Environmental 
Policy Act (NEPA) by Departmental guidelines in 516 DM 6, (49 FR 
21438). As such, neither an Environmental Assessment (EA) nor an 
Environmental Impact Statement (EIS) has been prepared.

List of Subjects

36 CFR Part 1

    National parks. Reporting and recordkeeping requirements.

36 CFR Part 13

    Alaska, National parks, Reporting and recordkeeping requirements.

    In consideration of the foregoing, NPS amends 36 CFR chapter I, 
parts 1 and 13, as follows:

PART 1--GENERAL PROVISIONS

    1. The authority citation for part 1 continues to read as follows:

    Authority: 16 U.S.C. 1, 3, 9a, 460 l-6a(e), 462(k); D.C. Code 8-
137, 40-721 (1981).

    2. Section 1.2 is amended by revising paragraphs (a), (b) and (d) 
to read as follows:


Sec. 1.2  Applicability and scope.

    (a) The regulations contained in this chapter apply to all persons 
entering, using, visiting, or otherwise within:
    (1) The boundaries of federally owned lands and waters administered 
by the National Park Service;
    (2) The boundaries of lands and waters administered by the National 
Park Service for public-use purposes pursuant to the terms of a written 
instrument;
    (3) Waters subject to the jurisdiction of the United States located 
within the boundaries of the National Park System, including navigable 
waters and areas within their ordinary reach (up to the mean high water 
line in places subject to the ebb and flow of the tide and up to the 
ordinary high water mark in other places) and without regard to the 
ownership of submerged lands, tidelands, or lowlands;
    (4) Lands and waters in the environs of the District of Columbia, 
policed with the approval or concurrence of the head of the agency 
having jurisdiction or control over such reservations, pursuant to the 
provisions of the Act of March 17, 1948 (62 Stat. 81);
    (5) Other lands and waters over which the United States holds a 
less-than-fee interest, to the extent necessary to fulfill the purpose 
of the National Park Service administered interest and compatible with 
the nonfederal interest.
    (b) The regulations contained in parts 1 through 5, part 7, and 
part 13 of this chapter do not apply on non-federally owned lands and 
waters or on Indian tribal trust lands located within National Park 
System boundaries, except as provided in paragraph (a) or in 
regulations specifically written to be applicable on such lands and 
waters.
* * * * *
    (d) The regulations contained in parts 2 through 5, part 7, and 
part 13 of this section shall not be construed to prohibit 
administrative activities conducted by the National Park Service, or 
its agents, in accordance with approved general management and resource 
management plans, or in emergency operations involving threats to life, 
property, or park resources.
* * * * *
    3. Section 1.4 is amended in paragraph (a) by revising the 
definition of Boundary, by adding a definition for National Park 
System, and by revising the definition of Park area to read as follows:


Sec. 1.4  Definitions.

    (a) * * *
    Boundary means the limits of lands or waters administered by the 
National Park Service as specified by Congress, or denoted by 
presidential proclamation, or recorded in the records of a state or 
political subdivision in accordance with applicable law, or published 
pursuant to law, or otherwise published or posted by the National Park 
Service.
* * * * *
    National Park System (Park area) means any area of land and water 
now

[[Page 35137]]

or hereafter administered by the Secretary of the Interior through the 
National Park Service for park, monument, historic, parkway, 
recreational, or other purposes.
* * * * *
    Park area. See the definition for National Park System in this 
section.
* * * * *

PART 13--NATIONAL PARK SYSTEM UNITS IN ALASKA

    4. The authority citation for part 13 continues to read as follows:

    Authority: 16 U.S.C. 1, 3, 462(k), 3101 et seq.; subpart D also 
issued under 16 U.S.C. 20, 3197; Sec. 13.65(b) also issued under 16 
U.S.C. 1361, 1531.

    5. Section 13.2 is amended by revising paragraphs (c) and (e), to 
read as follows:


Sec. 13.2  Applicability and scope.

* * * * *
    (c) Subpart B of this part 13 contains regulations applicable to 
subsistence uses. Such regulations apply on federally owned lands and 
interests therein within park areas where subsistence is authorized. 
Subsistence uses are not allowed in Kenai Fjords National Park, Katmai 
National Park, Glacier Bay National Park, Klondike Gold Rush National 
Historical Park, Sitka National Historical Park, and parts of Denali 
National Park. The regulations in subpart B amend in part the general 
regulations contained in this chapter and the regulations contained in 
subpart A of this part 13.
* * * * *
    (e) For purposes of this chapter, ``federally owned lands'' does 
not include those land interests:
    (1) Tentatively approved to the State of Alaska; or
    (2) Conveyed by an interim conveyance to a Native corporation.

    Dated: June 21, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-17168 Filed 7-3-96; 8:45 am]
BILLING CODE 4310-70-P