[Federal Register Volume 62, Number 124 (Friday, June 27, 1997)]
[Proposed Rules]
[Pages 34681-34682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16820]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 36

RIN 1018-AE21


Regulations for Administrative and Visitor Facility Sites on 
National Wildlife Refuges in Alaska

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Fish and Wildlife Service (Service) proposes this 
amendment to current regulations to provide the Service 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 which 
commonly are located outside the approved boundaries of national 
wildlife refuges in Alaska.

DATES: For written comments to be considered, they must be received by 
August 26, 1997.

ADDRESSES: Comments should be sent to the Regional Director, Attention: 
Daryle R. Lons, U.S. Fish and Wildlife Service, 1011 E. Tudor Road, 
Anchorage, Alaska 99503.

FOR FURTHER INFORMATION CONTACT:
Daryle R. Lons at the above address, telephone (907) 786-3354.

SUPPLEMENTARY INFORMATION:

Background

    The National Wildlife Refuge System Administration Act of 1966 (16 
U.S.C. 668dd-668ee) 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.
    The current regulations governing use on units of the National 
Wildlife Refuge System in Alaska, codified at 50 CFR part 36, were 
originally published in the Federal Register in 1981 (46 FR 31827, June 
17, 1981 as corrected at 46 FR 40194, August 7, 1981), and were amended 
in 1986 (51 FR 44793, December 12, 1986). The existing regulations in 
part 36 only are applicable on federally-owned lands within the 
approved boundaries of Alaska National Wildlife Refuges. The Service 
currently has several 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 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. Refuge 
officers currently do not have full authority to enforce applicable 
Federal and State regulations at these locations. The primary purpose 
of the revised regulations is to provide the Service 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 these administrative

[[Page 34682]]

and visitor facility sites of national wildlife refuges in Alaska.

Request for Additional Comments

    In accordance with Department policy, interested persons may submit 
written comments concerning this proposed rule by any of the following 
means: (1) Mailing to Daryle R. Lons, U.S. Fish and Wildlife Service, 
1011 East Tudor Road, Anchorage, Alaska 99503-6199, (2) faxing to 
Daryle Lons at (907) 786-3657, or (3) electronically mailing to 
[email protected]. All substantive comments will be reviewed 
and considered before a final rule is published.

Paperwork Reduction Act

    The Service has examined this regulation under the Paperwork 
Reduction Act of 1995 and found it to contain no information collection 
requirements.

Environmental Considerations

    In accordance with 516 DM 2, Appendix 2, the Service has determined 
that this action is categorically excluded from the NEPA process as it 
contains ``policies, directives, regulations and guidelines of an 
administrative, financial, legal, technical or procedural nature'' that 
will have no potential for causing substantial environmental impact.

Economic Effects/Regulatory Flexibility Act Compliance

    This rulemaking was not subject to review by the Office of 
Management and Budget under Executive Order 12866. The primary purpose 
of these revised regulations is to provide the Service 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 less than 10 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 
proposed action is of an administrative nature only, and places no new 
economic or regulatory burden on the visiting public. Accordingly, 
under the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.), 
this proposed rulemaking will not have a significant effect on a 
substantial number of small entities, which include businesses, 
organizations, or governmental jurisdictions.

Unfunded Mandates

    The Service has determined and certifies pursuant to the Unfunded 
Mandates Act (2 U.S.C. 1502 et seq.), that this rulemaking will not 
impose a cost of $100 million or more in any given year on local or 
State governments or private entities.

Civil Justice Reform

    The Department has determined that these proposed regulations meet 
the applicable standards provided in sections 3(a) and 3(b)(2) of 
Executive Order 12988.
    The primary author of this proposed regulation is Daryle R. Lons, 
Refuge Program Specialist, U.S. Fish and Wildlife Service, Alaska 
Region.

List of Subjects in 50 CFR Part 36

    Alaska, Recreation and recreation areas, Reporting and 
recordkeeping requirements, Wildlife refuges.

    Accordingly, the Service proposes to amend part 36 of Chapter I of 
Title 50 of the Code of Federal Regulations as follows:

PART 36--[AMENDED]

    1. The authority citation for part 36 is revised to read as 
follows;

    Authority: 5 U.S.C. 301, 16 U.S.C. 460(k) et seq., 668dd et 
seq., 742(a) et seq., 3101 et seq., and 44 U.S.C. 3501 et seq.

    2. Section 36.1 is amended by revising paragraph (b), and adding 
paragraph (c) to read as follows:


Sec. 36.1  Applicability and scope.

* * * * *
    (b) Except as provided in paragraph (c) of this section, the 
regulations contained in the following paragraphs of 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 on 50 CFR, parts 25, 26, 27, and 28, and 
Secs. 32.2(d) and 32.5(c), except as supplemented or modified by these 
regulations 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 may be 
held 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 include, but are not limited to, sites administered by 
a national wildlife refuge under the terms of a memorandum of 
understanding or lease agreement.
    3. Section 36.2 is amended by removing paragraph designations (a) 
through (o), placing existing definitions in alphabetical order, and 
adding a new definition in alphabetical order as follows:


Sec. 36.2  Definitions.

* * * * *
    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.
* * * * *
    4. Section 36.33(a) is amended by removing paragraph designations 
(1) through (11) and placing existing definitions in alphabetical 
order.

    Dated: May 24, 1997.
Donald J. Barry,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 97-16820 Filed 6-26-97; 8:45 am]
BILLING CODE 4310-55-M