[Federal Register Volume 80, Number 133 (Monday, July 13, 2015)]
[Proposed Rules]
[Pages 39988-39990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17026]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 13

[NPS-KLGO-18480; PPAKKLGOL0, PPMPRLE1Z.L00000]
RIN 1024-AE27


Special Regulations, Areas of the National Park System, Klondike 
Gold Rush National Historical Park, Horse Management

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The National Park Service proposes to revise the special 
regulations for Klondike Gold Rush National Historical Park to close 
the core Dyea Historic Townsite to the use of horses except by special 
use permit issued by the superintendent.

DATES: Comments must be received by 11:59 p.m. EST on September 11, 
2015.

ADDRESSES: You may submit comments, identified by Regulation Identifier 
Number (RIN) 1024-AE27, by either of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail or hand deliver to: National Park Service, Regional 
Director, Alaska Regional Office, 240 West 5th Ave., Anchorage, AK 
99501.
     Mail or hand deliver to: National Park Service, 
Superintendent, Klondike Gold Rush National Historical Park, P.O. Box 
517, Skagway, AK 99840. Comments can be hand-delivered to the NPS 
office on 2nd and Broadway in Skagway.
    Instructions: Comments will not be accepted by fax, email, or in 
any way other than those specified above. All submissions received must 
include the words ``National Park Service'' or ``NPS'' and must include 
the docket number or RIN (1024-AE27) for this rulemaking. Comments 
received will be posted without change to http://www.regulations.gov, 
including any personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Andee Sears, Regional Law Enforcement 
Specialist, Alaska Regional Office, 240 West 5th Ave., Anchorage, AK 
99501. Phone (907) 644-3410. Email: [email protected]

SUPPLEMENTARY INFORMATION: 

[[Page 39989]]

Background and Significance of Klondike Gold Rush National Historic 
Site

    Klondike Gold Rush National Historic Site (KLGO or park) was 
established in 1980. The park includes 13,191 acres and is the only NPS 
area authorized and established solely to commemorate an American gold 
rush. The purpose of the park is to preserve for the benefit and 
inspiration of the people of the United States, the historic 
structures, trails, artifacts and landscapes and stories associated 
with the Klondike Gold Rush of 1898.
    Part of the park is the Dyea Historic Townsite, which served as the 
gateway community to the Chilkoot Trail. At the time of the Gold Rush, 
approximately 10,000 people lived in Dyea. Dyea is rich in surface 
artifacts and other remnants from the Klondike Gold Rush of 1898. 
Horses were a very important and visible component of the 1898 Klondike 
Gold Rush and the Dyea Historic Townsite from 1897 and for several 
decades afterward. Thousands of unique and irreplaceable cultural 
landscape features and artifacts remain within and above the top layers 
of soil, and as such are highly susceptible to damage from ground 
disturbance, including disturbance caused by unregulated horseback 
traffic.

Authority To Promulgate Regulations

    The National Park Service (NPS) manages KLGO under a statute 
commonly known as the NPS Organic Act of 1916 (Organic Act) (54 U.S.C. 
100101 et seq.), which gives the NPS broad authority to regulate the 
use of the park areas under its jurisdiction. The Organic Act 
authorizes the Secretary of the Interior, acting through NPS, to 
``prescribe such regulations as the Secretary considers necessary or 
proper for the use and management of [National Park] System units.'' 54 
U.S.C. 100751(a).
    Management of the park is also governed by the Alaska National 
Interest Lands Conservation Act (ANILCA). Horses at KLGO are a form of 
non-motorized surface transportation for traditional activities which 
is subject to Section 1110(a) of ANILCA. Under this section of ANILCA 
and implementing regulations at 43 CFR 36.11(h), such use is subject to 
reasonable regulations to protect the natural and other values of KLGO 
and the NPS may close an area to this form of transportation by 
regulation upon a finding by the NPS that the activity would be 
detrimental to the resources or values of the area. The NPS believes, 
based upon the analysis in the Dyea Area Plan and Environmental 
Assessment (EA) and the associated Finding of No Significant Impact 
(FONSI), that unregulated horse traffic in the Dyea Historic Townsite 
would be detrimental to the thousands of unique and irreplaceable 
cultural landscape features and artifacts that remain within and above 
the top layers of soil in the area.

Dyea Area Plan and Environmental Assessment and Proposed Rule

    In January 2014, the NPS completed the EA after providing an 
opportunity for public comment. The proposed action in the EA calls for 
eliminating horse traffic from the Dyea Historic Townsite except for 
limited and infrequent use on an established route by private, non-
commercial parties pursuant to a special use permit issued by the 
superintendent. In March 2014, the NPS held a public hearing in 
Skagway, AK for the proposed restrictions on horse use in the Dyea 
Historic Townsite in compliance with regulations at 43 CFR 36.11(h)(3). 
In September 2014, the Regional Director for the Alaska Region signed 
the FONSI identifying the proposed action in the EA as the selected 
action. The proposed rule would implement the selected action by 
closing the Dyea Historic Townsite to the use of horses except under a 
special use permit issued by the superintendent. If, after observation, 
the superintendent determines that the desired condition, as defined in 
the EA, has deteriorated, the superintendent may include permit 
conditions to protect natural and cultural resources and, if necessary, 
the NPS may cease issuing permits until impacts from prior uses of 
horses are mitigated. The NPS may also adopt permit conditions to limit 
impacts from the use of horses on other user experiences.
    The closure area is a small 80 acre parcel encompassing the core 
Dyea Historic Townsite. Alternate routes have already been designated 
for commercial horse use outside the core Dyea Historic Townsite and 
noncommercial horse use will continue to be unrestricted outside the 
Historic Townsite.

Compliance With Other Laws, Executive Orders, and Department Policy

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 Executive Order 
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. Executive Order 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

    This proposed rule 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.). This certification is based on the cost-
benefit and regulatory flexibility analyses found in the reports 
entitled ``Regulatory Flexibility Threshold Analysis: Special 
Regulations for Klondike Gold Rush National Historical Park'' and 
``Preliminary Cost/Benefit Analysis: Special Regulations for Klondike 
Gold Rush National Historical Park in Alaska'' which can be viewed 
online at http://www.nps.gov/klgo/learn/management/documents.htm.

Small Business Regulatory Enforcement Fairness Act

    This proposed 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.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, federal, state, or local government 
agencies, or geographic regions
    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.

Unfunded Mandates Reform Act

    This proposed 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 proposed rule does not have a significant or 
unique effect on State,

[[Page 39990]]

local or tribal governments or the private sector. A statement 
containing the information required by the Unfunded Mandates Reform Act 
(2 U.S.C. 1531 et seq.) is therefore not required.

Takings (Executive Order 12630)

    This proposed rule does not affect a taking of private property or 
otherwise have taking implications under Executive Order 12630. A 
takings implication assessment is not required.

Federalism (Executive Order 13132)

    Under the criteria in section 1 of Executive Order 13132, this 
proposed rule does not have sufficient federalism implications to 
warrant the preparation of a Federalism summary impact statement. The 
proposed rule is limited in effect to federal lands managed by the NPS 
in Alaska and would not have a substantial direct effect on state and 
local government in Alaska. A federalism summary impact statement is 
not required.

Civil Justice Reform (Executive Order 12988)

    This proposed rule complies with the requirements of Executive 
Order 12988. Specifically, this proposed rule:
    1. Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    2. Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

Consultation With Indian Tribes (E.O. 13175 and Department Policy) and 
ANCSA Corporations

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Indian Tribes through a 
commitment to consultation with Indian tribes and recognition of their 
right to self-governance and tribal sovereignty. We have evaluated this 
rule under the criteria in Executive Order 13175 and under the 
Department's tribal consultation policy and Alaska Native Claims 
Settlement Act (ANCSA) Native Corporation policies and have determined 
that tribal consultation is not required because the rulemaking will 
have no substantial direct effect on federally recognized Indian tribes 
or ANCSA Native Corporation lands, water areas, or resources. Although 
the NPS has made this determination, the NPS sent copies of the draft 
plan and letters requesting government-to-government consultation to 
four affected Native tribal governments, one of whom is the Carcross/
Tagish First Nations tribe in Carcross, Canada. Several meetings were 
held between 2012 and 2013 with tribal governments in Skagway and 
Haines to discuss key components of the Dyea Area Plan and EA that were 
of interest to the local federally recognized tribes.

Paperwork Reduction Act (44 U.S.C. 3501 et seq.)

    This proposed rule does not contain any new collections of 
information that require approval by the Office of Management and 
Budget (OMB) under the Paperwork Reduction Act. OMB has approved the 
information collection requirements associated with NPS Special Park 
Use Permits and has assigned OMB Control Number 1024-0026 (expires 08/
31/16). An agency may not conduct or sponsor and a person is not 
required to respond to a collection of information unless it displays a 
currently valid OMB control number.

National Environmental Policy Act

    This proposed rule does not constitute a major Federal action 
significantly affecting the quality of the human environment. A 
detailed statement under the National Environmental Policy Act of 1969 
is not required because we reached a Finding of No Significant Impact. 
The EA and FONSI are available online at http://www.nps.gov/klgo/learn/management/documents.htm.

Effects on the Energy Supply (Executive Order 13211)

    This proposed rule is not a significant energy action under the 
definition in Executive Order 13211. A Statement of Energy Effects is 
not required.

Clarity of This Regulation

    We are required by Executive Orders 12866 (section 1(b)(12)), 12988 
(section 3(b)(1)(B)), and 13563 (section 1(a)), and by the Presidential 
Memorandum of June 1, 1998, to write all rules in plain language. This 
means that each rule we publish must:
    1. Be logically organized;
    2. Use the active voice to address readers directly;
    3. Use common, everyday words and clear language rather than 
jargon;
    4. Be divided into short sections and sentences; and
    5. Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section above. 
To better help us revise the proposed rule, your comments should be as 
specific as possible. For example, you should tell us the numbers of 
the sections or paragraphs that you find unclear, which sections or 
sentences are too long, the sections where you feel lists or tables 
would be useful, etc.

Drafting Information

    The primary authors of this proposed regulation are Jay Calhoun, 
Regulations Program Specialist, National Park Service, Jenna Giddens of 
Kenai Fjords National Park, Andee Sears of the Alaska Regional Office, 
National Park Service, and Tim Steidel of Klondike Gold Rush National 
Historical Park.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

List of Subjects in 36 CFR Part 13

    Alaska, National parks, Reporting and recordkeeping requirements.

    In consideration of the foregoing, the National Park Service 
proposes to amend 36 CFR part 13 as set forth below:

PART 13--NATIONAL PARK SYSTEM UNITS IN ALASKA

0
1. The authority citation for part 13 continues to read as follows:

    Authority:  16 U.S.C. 3124; 54 U.S.C. 100101, 100751, 320102; 
Sec. 13.1204 also issued under Sec. 1035, Pub. L. 104-333, 110 Stat. 
4240.

0
2. Add Sec.  13.1408 to subpart Q to read as follows:


Sec.  13.1408  Dyea.

    The Dyea Historic Townsite is closed to the use of horses by 
members of the public except by special use permit issued by the 
Superintendent. A map showing the boundaries of the Dyea Historic 
Townsite is available on the park Web site and at the park visitor 
center.

    Dated: July 1, 2015.
Michael Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2015-17026 Filed 7-10-15; 8:45 am]
 BILLING CODE 4310-EJ-P