[Federal Register Volume 67, Number 37 (Monday, February 25, 2002)]
[Rules and Regulations]
[Pages 8481-8484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4340]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 13

RIN 1024-AC83


Special Regulations; Wrangell-St. Elias National Park and 
Preserve

AGENCY: National Park Service, Interior.

ACTION: Final rule.

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SUMMARY: This rule amends the regulations for Wrangell-St. Elias

[[Page 8482]]

National Park (WRST) by adding the communities of Dot Lake, Healy Lake, 
Northway (including Northway, Northway Village and Northway Junction), 
Tanacross, and Tetlin to the park subsistence resident zone. The 
regulation provides for the addition of communities to park subsistence 
resident zones. Park subsistence resident zones include nearby areas 
and communities with a significant concentration of residents who are 
eligible to engage in subsistence activities in the park. Permanent 
residents of subsistence resident zone communities are allowed to 
participate in subsistence activities in the park without a subsistence 
permit.

DATES: This rule is effective March 27, 2002.

ADDRESSES: Superintendent, Wrangell-St. Elias National Park and 
Preserve, P.O. Box 439, Copper Center, Alaska 99573, (907) 822-7210.

FOR FURTHER INFORMATION CONTACT: Devi Sharp, Chief, Natural and 
Cultural Resources, Wrangell-St. Elias National Park and Preserve, P.O. 
Box 439, Copper Center, Alaska 99573, (907) 822-7236

SUPPLEMENTARY INFORMATION: The principal authors of this rule are Devi 
Sharp, Wrangell-St. Elias National Park and Preserve, Janis Meldrum and 
Paul Hunter, Alaska System Support Office, Anchorage, Alaska, and Kym 
Hall, Regulations Manager, Washington, DC.

I. Background

    A proposed rule to amend 36 CFR 13.73 was published by the National 
Park Service (NPS) in the Federal Register on June 14, 2001 (66 FR 
32282). The intent of this regulation change is to add five communities 
to the WRST subsistence resident zone in accordance with the provisions 
of 36 CFR 13.43(b). Section 13.43 provides for the addition and 
deletion of nearby communities to park subsistence resident zones in 
Alaska based on stated criteria in the section. The community of 
Northway made the first request to be added to the WRST subsistence 
resident zone in 1985. Subsequently four additional communities 
requested consideration. The request has been the subject of review and 
favorable recommendations by the park Subsistence Resource Commission 
(SRC), a federal advisory group for subsistence activities, since the 
initial request in 1985. After review and study, including public 
notice, hearing and comment, as well as environmental assessment and 
finding of no significant impact, the NPS has determined the five 
communities are qualified to be added to the park subsistence resident 
zone. A collateral administrative change to more clearly describe 
community and area boundaries is also adopted by this revised rule.

II. Responses to Public Comments

    Two respondents commented on the proposed regulations during the 
60-day public comment period that closed August 13, 2001. Those 
comments and our responses follow.

Quantity Test

    Comment: A public interest organization questioned the methodology 
used to determine significant concentrations of subsistence users. They 
recommended that a ``quantity test'', in which at least 51% of 
community residents are shown to be eligible park subsistence users, 
should be used.
    NPS Response: While the ``quantity test'' idea continues to be 
debated among interested park constituencies, including agency managers 
and staffers, NPS policy favors use of a more flexible methodology that 
considers a wider range of variables. We believe the existing 
methodology is consistent with the legislative mandate for subsistence 
activities in the Alaska parks and monuments.

Re-evaluation of Existing Communities

    Comment: The public interest organization recommended that existing 
resident zone communities should be re-examined periodically using the 
``quantity test'' and current census data to evaluate continuing 
eligibility. A State of Alaska agency expressed concern that the 
addition of new communities might lead to unnecessary re-evaluation of 
current resident zone communities.
    NPS Response: The NPS is committed to re-evaluating resident zone 
communities on a case-by-case basis as necessary. A regular established 
schedule for reviewing resident zone communities would be costly and 
does not appear to be warranted at this time. The State concern for 
unnecessary reviews is not warranted by program experience to date.

Defer Action

    Comments: The public interest organization recommended deferring 
action on the five new communities until resident zone evaluation 
methodology is revised and existing communities re-evaluated as 
discussed above. The State agency supported the rulemaking analysis and 
the addition of the five communities to the park resident zone.
    NPS Response: The NPS believes the existing methodology used to 
apply the eligibility criteria is consistent with the authorizing 
legislation. While the resident zone concept has been the subject of 
much debate from the start, the actual application of the program 
criteria has been stable. The same criteria used to establish the 
existing resident zone communities have been uniformly applied to the 
five new communities. Therefore, we believe there is no reason to defer 
action on adding these communities to the park resident zone as 
proposed.

Compliance With Laws, Executive Orders, and Department Policy

Regulatory Planning and Review (Executive Order 12866)

    This document is not a significant rule and is not subject to 
review by the Office of Management and Budget 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. The net effect of adoption of this rule would be to reduce 
costs by eliminating the need for subsistence users to apply for a 
permit. The cost saving would accrue to the affected user groups and 
the park through reduction of actual and potential administrative 
costs.
    (2) This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency. There will 
be no change in the manner or substance of interaction with other 
agencies.
    (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. Current and potential subsistence permittees will 
continue to be eligible under the resident zone system.
    (4) This rule does not raise novel legal or policy issues. This 
rule is the direct consequence of an existing regulatory method for 
administering the resident zone system.
    While the decision concerning adding or deleting a particular 
community could be controversial, the regulatory process for making the 
decision is well established in existing regulations.

Regulatory Flexibility Act

    The Department of the Interior certifies that this document will 
not have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (5

[[Page 8483]]

U.S.C. 601 et seq.). The economic consequences of this rule will be to 
reduce administrative costs for private citizens and for the park. The 
permitting process that would be eliminated for the residents of five 
communities operates directly between individual subsistence users and 
the park. Therefore, there is no impact on small entities and a 
Regulatory Flexibility Analysis and Small Entity Compliance Guide are 
not required.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    a. Does not have an annual effect on the economy of $100 million or 
more. This rule applies to individual subsistence users. It has no 
applicability to small businesses.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. This rule will reduce costs for 
private citizens and the federal government. It will eliminate the need 
for subsistence users in five communities to apply to the National Park 
Service for a subsistence permit. The rule will eliminate application 
costs to individual subsistence users such as the cost of a phone call, 
postage, or travel to the park office, and will reduce the current and 
potential administrative processing costs for the park.
    c. Does 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. This 
rule does not affect foreign trade. The interaction of the subsistence 
economy and the general economy is unchanged by this rule.

Unfunded Mandates Reform Act

    This rule 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. This rule affects 
the permitting process between individual subsistence users and the 
park. There is no involvement of small governments in this 
relationship. The subsistence activities affected occur only on federal 
public lands within a national park.

Takings (Executive Order 12630)

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. This rule will modify regulations in 
a manner that reduces the regulatory impact on private citizens, and 
is, therefore, excluded from EO 12630.

Federalism (Executive Order 13132)

    In accordance with Executive Order 13132, the rule does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Assessment. This rule applies to the permitting relationship 
between individual subsistence users and the park for activities 
occurring on federal public lands within the park. The rule does not 
change or impact the relationship of the park with State and local 
governments.

Civil Justice Reform (Executive Order 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 Secs. 3(a) and 3(b)(2) of 
the Order.

Paperwork Reduction Act

    This regulation does not require an information collection from 10 
or more parties and a submission under the Paperwork Reduction Act is 
not required. An OMB form 83-I is not required. This rule will 
eliminate permit applications for residents of the five affected 
communities, thus reducing the level of previously approved information 
collection (see 46 FR 31854) associated with subsistence management in 
the park.

National Environmental Policy Act

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. However, Environmental 
Assessments (EAs) and findings of no significant impact (FONSIs) have 
been completed and are on file in the NPS office at 2525 Gambell St., 
Anchorage, AK 99503 and at Wrangell-St. Elias National Park and 
Preserve offices in Copper Center.

Government-to-Government Relationship With Tribes

    In accordance with Executive Order 13175 ``Consultation and 
Coordination with Indian Tribal Governments'' and the President's 
memorandum of April 29, 1994, ``Government-to-Government Relations with 
Native American Tribal Governments'' (59 FR 22951), and 512 DM 2 we 
have evaluated potential effects on Federally recognized Indian tribes 
and have determined that there are no potential effects. This rule 
applies to individual subsistence users and will result in the 
elimination of the need for certain subsistence users to apply for a 
permit to engage in allowable subsistence activities in the park. 
Subsistence use on federal public lands is not managed as a tribal 
activity and the federal subsistence program does not apply on Native 
owned lands.

List of Subjects in 36 CFR Part 13

    Alaska, National Parks; Reporting and recordkeeping requirements.

    For the reasons discussed in the preamble, the National Park 
Service amends 36 CFR part 13 as follows:

PART 13--NATIONAL PARK SYSTEM UNITS IN ALASKA

Subpart C--Special Regulations--Specific Park Areas in Alaska

    1. The authority citation for Part 13 continues to read as follows:

    Authority: 16 U.S.C. 1, 3, 462(k), 3101 et seq.; Sec. 13.65 also 
issued under 16 U.S.C. 1a-2(h), 1361, 1531.


    2. Amend Sec. 13.73 as follows:
    a. By revising the heading of paragraph (a)(1) and by adding the 
following entries in alphabetical order to the list of communities in 
paragraph (a)(1);
    b. By redesignating paragraph (a)(2) as paragraph (a)(3);
    c. By adding a new paragraph (a)(2);
    d. By revising the heading of newly redesignated paragraph (a)(3).
    The addition and revisions read as follows:


Sec. 13.73  Wrangell-St. Elias National Park and Preserve.

    (a) Subsistence--(1) What communities and areas are included in the 
park resident zone?
* * * * *
Dot Lake
* * * * *
Healy Lake
* * * * *
Northway/Northway Village/Northway Junction
* * * * *
Tanacross
* * * * *
Tetlin
* * * * *
    (2) How are boundaries determined for communities added to the park 
resident zone? Boundaries for communities and areas added to the park 
resident zone will be determined by the Superintendent after 
consultation with the affected area or community. If

[[Page 8484]]

the Superintendent and community are not able to agree on a boundary 
within two years, the boundary of the area or community added will be 
the boundary of the Census Designated Place, or other area designation, 
used by the Alaska Department of Labor for census purposes for that 
community or area. Copies of the boundary map will be available in the 
park headquarters office.
    (3) What communities are exempted from the aircraft prohibition for 
subsistence use?
* * * * *

    Dated: February 1, 2002.
Joseph E. Doddridge,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 02-4340 Filed 2-22-02; 8:45 am]
BILLING CODE 4310-70-P