[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)]
[Proposed Rules]
[Pages 36836-36842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13374]


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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 100

[Docket No. FWS-R7-SM-2015-0159; FXRS12610700000167-FF07J00000; FBMS# 
4500088147]
RIN 1018-BB22


Subsistence Management Regulations for Public Lands in Alaska--
Applicability and Scope; Tongass National Forest Submerged Lands

AGENCY: Forest Service, Agriculture; Fish and Wildlife Service, 
Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. District Court for Alaska in its October 17, 2011, 
order in Peratrovich et al. v. United States and the State of Alaska, 
3:92-cv-0734-HRH (D. Alaska), enjoined the United States ``to promptly 
initiate regulatory proceedings for the purpose of implementing the 
subsistence provisions in Title VIII of the Alaska National Interest 
Lands Conservation Act (ANILCA) with respect to submerged public lands 
within Tongass National Forest'' and directed entry of judgment. To 
comply with the order, the Federal Subsistence Board (Board) must 
initiate a regulatory proceeding to identify those submerged lands 
within the Tongass National Forest that did not pass to the State of 
Alaska at statehood and, therefore, remain Federal public lands subject 
to the subsistence provisions of ANILCA.
    Following the Court's decision, the Bureau of Land Management (BLM) 
and the USDA-Forest Service (USDA-FS) started a review of hundreds of 
potential pre-statehood (January 3, 1959) withdrawals in the marine 
waters of the Tongass National Forest. In April and October of 2015, 
BLM submitted initial lists of submerged public lands to the Board. 
This proposed rule would add those submerged parcels to the subsistence 
regulations to ensure compliance with the Court order. Additional 
listings will be published as BLM and the USDA-FS continue their review 
of pre-statehood withdrawals.

DATES: Public comments: Comments on this proposed rule must be received 
or postmarked by August 8, 2016.
    Public meetings: The Federal Subsistence Regional Advisory Councils 
(Councils) will hold public meetings to receive comments on this 
proposed rule on several dates between September 28 and November 2, 
2016, and make recommendations to the Federal Subsistence Board. The 
Board will discuss and evaluate proposed regulatory changes during a 
public meeting in Anchorage, AK, in January 2017. See SUPPLEMENTARY 
INFORMATION for specific information on dates and locations of the 
public meetings.

ADDRESSES: Public meetings: The Federal Subsistence Board and the 
Federal Subsistence Regional Advisory Councils' public meetings will be 
held at various locations in Alaska. See SUPPLEMENTARY INFORMATION for 
specific information on dates and locations of the public meetings.
    Public comments: You may submit comments by one of the following 
methods:
     Electronically: Go to the Federal eRulemaking Portal: 
http://www.regulations.gov and search for FWS-R7-SM-2015-0159, which is 
the docket number for this rulemaking.
     By hard copy: U.S. mail or hand-delivery to: USFWS, Office 
of Subsistence Management, 1011 East Tudor Road, MS 121, Attn: Theo 
Matuskowitz, Anchorage, AK 99503-6199.
    We will post all comments on http://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see the Public Review Process section below for more information).

FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o 
U.S. Fish and Wildlife Service, Attention: Eugene R. Peltola, Jr., 
Office of Subsistence Management; (907) 786-3888 or 
[email protected]. For questions specific to National Forest System 
lands, contact Thomas Whitford, Regional Subsistence Program Leader, 
USDA, Forest Service, Alaska Region; (907) 743-9461 or 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    Under Title VIII of ANILCA (16 U.S.C. 3111-3126), the Secretary of 
the Interior and the Secretary of Agriculture (Secretaries) jointly 
implement the Federal Subsistence Management Program. This program 
provides a preference for take of fish and wildlife resources for 
subsistence uses on Federal public lands and waters in Alaska. The 
Secretaries published temporary regulations to carry out this program 
in the Federal Register on June 29, 1990 (55 FR 27114), and published 
final regulations in the Federal Register

[[Page 36837]]

on May 29, 1992 (57 FR 22940). The program regulations have 
subsequently been amended a number of times. Because this program is a 
joint effort between Interior and Agriculture, these regulations are 
located in two titles of the Code of Federal Regulations (CFR): Title 
36, ``Parks, Forests, and Public Property,'' and Title 50, ``Wildlife 
and Fisheries,'' at 36 CFR 242.1-242.28 and 50 CFR 100.1-100.28, 
respectively. The regulations contain subparts as follows: Subpart A, 
General Provisions; Subpart B, Program Structure; Subpart C, Board 
Determinations; and Subpart D, Subsistence Taking of Fish and Wildlife.
    Consistent with subpart B of these regulations, the Secretaries 
established a Federal Subsistence Board to administer the Federal 
Subsistence Management Program (Program). The Board comprises:
     A Chair appointed by the Secretary of the Interior with 
concurrence of the Secretary of Agriculture;
     The Alaska Regional Director, U.S. Fish and Wildlife 
Service;
     The Alaska Regional Director, National Park Service;
     The Alaska State Director, Bureau of Land Management;
     The Alaska Regional Director, Bureau of Indian Affairs;
     The Alaska Regional Forester, U.S. Forest Service; and
     Two public members appointed by the Secretary of the 
Interior with concurrence of the Secretary of Agriculture.
    Through the Board, these agencies and public members participate in 
the development of regulations for subparts C and D, which, among other 
things, set forth program eligibility and specific harvest seasons and 
limits.
    In administering the program, the Secretaries divided Alaska into 
10 subsistence resource regions, each of which is represented by a 
Regional Advisory Council (Council). The Councils provide a forum for 
rural residents with personal knowledge of local conditions and 
resource requirements to have a meaningful role in the subsistence 
management of fish and wildlife on Federal public lands in Alaska. The 
Council members represent varied geographical, cultural, and user 
interests within each region.

Public Review Process--Comments and Public Meetings

    The Federal Subsistence Regional Advisory Councils have a 
substantial role in reviewing this proposed rule and making 
recommendations for the final rule. The Federal Subsistence Board, 
through the Councils, will hold public meetings on this proposed rule 
at the following locations in Alaska, on the following dates:

Region 1--Southeast Regional Council, Petersburg, October 4, 2016
Region 2--Southcentral Regional Council, Anchorage, October 18, 2016
Region 3--Kodiak/Aleutians Regional Council, Cold Bay, September 28, 
2016
Region 4--Bristol Bay Regional Council, Dillingham, October 26, 2016
Region 5--Yukon-Kuskokwim Delta Regional Council, Bethel, October 12, 
2016
Region 6--Western Interior Regional Council, McGrath, October 11, 2016
Region 7--Seward Peninsula Regional Council, Nome, November 1, 2016
Region 8--Northwest Arctic Regional Council, Selawik, October 5, 2016
Region 9--Eastern Interior Regional Council, Fort Yukon, October 25, 
2016
Region 10--North Slope Regional Council, Barrow, November 1, 2016

    A public notice of specific dates, times, and meeting locations 
will be published in local and statewide newspapers prior to each 
meeting. Locations and dates may change based on weather or local 
circumstances. The Regional Advisory Council's agenda determines the 
length of each Council meeting based on workload.
    The Board will discuss and evaluate submitted comments and public 
testimony on this proposed rule during a public meeting scheduled for 
January 2017 in Anchorage, Alaska. The Federal Subsistence Regional 
Advisory Council Chairs, or their designated representatives, will 
present their respective Councils' recommendations at the Board 
meeting. Additional public testimony may be provided to the Board on 
this proposed rule at that time. At that public meeting, the Board will 
deliberate and make final recommendations to the Secretaries on this 
proposed rule.
    You may submit written comments and materials concerning this 
proposed rule by one of the methods listed in ADDRESSES. If you submit 
a comment via http://www.regulations.gov, your entire comment, 
including any personal identifying information, will be posted on the 
Web site. If you submit a hardcopy comment that includes personal 
identifying information, you may request at the top of your document 
that we withhold this information from public review. However, we 
cannot guarantee that we will be able to do so. We will post all 
hardcopy comments on http://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on http://www.regulations.gov, or by 
appointment, between 8 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays, at: USFWS, Office of Subsistence Management, 1011 
East Tudor Road, Anchorage, AK 99503.

Reasonable Accommodations

    The Federal Subsistence Board is committed to providing access to 
these meetings for all participants. Please direct all requests for 
sign language interpreting services, closed captioning, or other 
accommodation needs to Deborah Coble, 907-786-3880, 
[email protected], or 800-877-8339 (TTY), seven business days prior 
to the meeting you would like to attend.

Tribal Consultation and Comment

    As expressed in Executive Order 13175, ``Consultation and 
Coordination with Indian Tribal Governments,'' the Federal officials 
that have been delegated authority by the Secretaries are committed to 
honoring the unique government-to-government political relationship 
that exists between the Federal Government and Federally Recognized 
Indian Tribes (Tribes) as listed in 75 FR 60810 (October 1, 2010). 
Consultation with Alaska Native corporations is based on Public Law 
108-199, div. H, Sec. 161, Jan. 23, 2004, 118 Stat. 452, as amended by 
Public Law 108-447, div. H, title V, Sec. 518, Dec. 8, 2004, 118 Stat. 
3267, which provides that: ``The Director of the Office of Management 
and Budget and all Federal agencies shall hereafter consult with Alaska 
Native corporations on the same basis as Indian tribes under Executive 
Order No. 13175.''
    The Alaska National Interest Lands Conservation Act does not 
provide specific rights to Tribes for the subsistence taking of 
wildlife, fish, and shellfish. However, because tribal members are 
affected by subsistence fishing, hunting, and trapping regulations, the 
Secretaries, through the Board, will provide Federally recognized 
Tribes and Alaska Native corporations an opportunity to consult on this 
proposed rule.
    The Board will engage in outreach efforts for this proposed rule, 
including a notification letter, to ensure that Tribes and Alaska 
Native corporations are advised of the mechanisms by which they can 
participate. The Board provides a variety of opportunities for 
consultation: Proposing changes to the existing rule; commenting on 
proposed changes to the existing rule; engaging in dialogue at the 
Regional Advisory Council meetings; engaging in dialogue

[[Page 36838]]

at the Board's meetings; and providing input in person, by mail, email, 
or phone at any time during the rulemaking process. The Board will 
commit to efficiently and adequately providing an opportunity to Tribes 
and Alaska Native corporations for consultation in regard to 
subsistence rulemaking.
    The Board will consider Tribes' and Alaska Native corporations' 
information, input, and recommendations, and address their concerns as 
much as practicable.

Jurisdictional Background and Perspective

    The Peratrovich case dates back to 1992 and has a long and involved 
procedural history. The plaintiffs in that litigation raised the 
question of which marine waters in the Tongass National Forest, if any, 
are subject to the jurisdiction of the Federal Subsistence Management 
Program. In its May 31, 2011, order, the U.S. District Court for Alaska 
(Court) stated that ``it is the duty of the Secretaries [Agriculture & 
Interior] to identify any submerged lands (and the marine waters 
overlying them) within the Tongass National Forest to which the United 
States holds title.'' It also stated that, if such title exists, it 
``creates an interest in [the overlying] waters sufficient to make 
those marine waters public lands for purposes of [the subsistence 
provisions] of ANILCA.''
    Most of the marine waters within the Tongass National Forest were 
not initially identified in the regulations as public lands subject to 
the subsistence priority based upon a determination that the submerged 
lands were State lands, and later through reliance upon a disclaimer of 
interest filed by the United States in Alaska v. United States, No. 128 
Orig., 546 U.S. 413 (2006). In that case, the State of Alaska had 
sought to quiet title to all lands underlying marine waters in 
southeast Alaska, which includes most of the Tongass National Forest. 
Ultimately, the United States disclaimed ownership to most of the 
submerged lands in the Tongass National Forest. The Supreme Court 
accepted the disclaimer by the United States to title to the marine 
waters within the Tongass National Forest, excepting from that 
disclaimer several classes of submerged public lands that generally 
involve small tracts. Alaska v. United States, 546 U.S. at 415.
    When the United States took over the subsistence program in Alaska 
in 1990, the Departments of the Interior and Agriculture stated in 
response to comments on the scope of the program during promulgation of 
the interim regulations that ``the United States generally does not 
hold title to navigable waters and thus navigable waters generally are 
not included within the definition of public lands'' (55 FR 27115; June 
29, 1990). That position was changed in 1999 when the subsistence 
priority was extended to waters subject to a Federal reserved water 
right following the Katie John litigation. The Board identified certain 
submerged marine lands that did not pass to the State and, therefore, 
where the subsistence priority applied. However, the Board did not 
attempt to identify each and every small parcel of submerged public 
lands and thereby marine water possibly subject to the Federal 
Subsistence Management Program because of the potentially overwhelming 
administrative burden. Instead the Board invited the public to petition 
to have submerged marine lands included. Over the years, several small 
areas of submerged marine lands in the Tongass National Forest have 
been identified as public lands subject to the subsistence priority.
    In its May 31, 2011, order, the Court stated that the petition 
process was not sufficient and found that ``concerns about costs and 
management problems simply cannot trump the congressional policy that 
the subsistence lifestyle of rural Alaskans be preserved as to public 
lands.'' The Court acknowledged in its order that inventorying all 
these lands could be an expensive undertaking, but that it is a burden 
``necessitated by the `complicated regulatory scheme' which has 
resulted from the inability of the State of Alaska to implement Title 
VIII of ANILCA.'' The Court then ``enjoined'' the United States ``to 
promptly initiate regulatory proceedings for the purpose of 
implementing the subsistence provisions in Title VIII of ANILCA with 
respect to submerged public lands within Tongass National Forest'' and 
directed entry of judgment.
    The BLM and USDA-FS started a time- and resource-consuming review 
of hundreds of potential pre-statehood (January 3, 1959) withdrawals in 
the marine waters of the Tongass National Forest. Both agencies are 
reviewing their records to identify dock sites, log transfer sites, and 
other areas that may not have passed to the State at statehood. The 
review process is ongoing and expected to take quite some time.

Developing the Applicability and Scope; Tongass National Forest 
Submerged Lands Proposed Regulations

    In April and October of 2015, BLM submitted initial listings of 
parcels of submerged public lands to the Board. This proposed rule will 
add those listings to the subsistence regulations to ensure compliance 
with the Court's order. Additional listings will be published as BLM 
and USDA-FS continue their reviews of pre-statehood withdrawals. In 
addition, this proposed rule would make nonsubstantive changes to 36 
CFR 242.3 and 50 CFR 100.3 to correct errors, such as misspellings and 
punctuation errors, which occur in the existing regulations.
    Because this proposed rule concerns public lands managed by an 
agency or agencies in both the Departments of Agriculture and the 
Interior, identical text will be incorporated into 36 CFR part 242 and 
50 CFR part 100.

Compliance With Statutory and Regulatory Authorities

National Environmental Policy Act

    A Draft Environmental Impact Statement that described four 
alternatives for developing a Federal Subsistence Management Program 
was distributed for public comment on October 7, 1991. The Final 
Environmental Impact Statement (FEIS) was published on February 28, 
1992. The Record of Decision (ROD) on Subsistence Management for 
Federal Public Lands in Alaska was signed April 6, 1992. The selected 
alternative in the FEIS (Alternative IV) defined the administrative 
framework of an annual regulatory cycle for subsistence regulations.
    A 1997 environmental assessment dealt with the expansion of Federal 
jurisdiction over fisheries and is available at the office listed under 
FOR FURTHER INFORMATION CONTACT. The Secretary of the Interior, with 
concurrence of the Secretary of Agriculture, determined that expansion 
of Federal jurisdiction does not constitute a major Federal action 
significantly affecting the human environment and, therefore, signed a 
Finding of No Significant Impact.

Section 810 of ANILCA

    An ANILCA Sec.  810 analysis was completed as part of the FEIS 
process on the Federal Subsistence Management Program. The intent of 
all Federal subsistence regulations is to accord subsistence uses of 
fish and wildlife on public lands a priority over the taking of fish 
and wildlife on such lands for other purposes, unless restriction is 
necessary to conserve healthy fish and wildlife populations. The final 
Sec.  810 analysis determination appeared in the April 6, 1992, ROD and 
concluded that the Federal Subsistence Management

[[Page 36839]]

Program, under Alternative IV with an annual process for setting 
subsistence regulations, may have some local impacts on subsistence 
uses, but will not likely restrict subsistence uses significantly.
    During the subsequent environmental assessment process for 
extending fisheries jurisdiction, an evaluation of the effects of the 
subsistence program regulations was conducted in accordance with Sec.  
810. This evaluation also supported the Secretaries' determination that 
the regulations will not reach the ``may significantly restrict'' 
threshold that would require notice and hearings under ANILCA Sec.  
810(a).

Paperwork Reduction Act of 1995 (PRA)

    This proposed rule does not contain any new collections of 
information that require Office of Management and Budget (OMB) approval 
under the PRA (44 U.S.C. 3501 et seq.) OMB has reviewed and approved 
the collections of information associated with the subsistence 
regulations at 36 CFR 242 and 50 CFR 100, and assigned OMB Control 
Number 1018-0075. We may not conduct or sponsor and you are not 
required to respond to a collection of information unless it displays a 
currently valid OMB control number.

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 E.O. 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. E.O. 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

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) 
requires preparation of flexibility analyses for rules that will have a 
significant effect on a substantial number of small entities, which 
include small businesses, organizations, or governmental jurisdictions. 
In general, the resources to be harvested under this proposed rule are 
already being harvested and consumed by the local harvester and do not 
result in an additional dollar benefit to the economy. However, we 
estimate that two million pounds of meat are harvested by subsistence 
users annually and, if given an estimated dollar value of $3.00 per 
pound, this amount would equate to about $6 million in food value 
statewide. Based upon the amounts and values cited above, the 
Departments certify that this rulemaking will not have a significant 
economic effect on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act.

Small Business Regulatory Enforcement Fairness Act

    Under the Small Business Regulatory Enforcement Fairness Act (5 
U.S.C. 801 et seq.), this proposed rule is not a major rule. It will 
not have an effect on the economy of $100 million or more, will not 
cause a major increase in costs or prices for consumers, and will 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.

Executive Order 12630

    Title VIII of ANILCA requires the Secretaries to administer a 
subsistence priority on public lands. The scope of this program is 
limited by definition to certain public lands. Likewise, these proposed 
regulations have no potential takings of private property implications 
as defined by Executive Order 12630.

Unfunded Mandates Reform Act

    The Secretaries have determined and certify pursuant to the 
Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this proposed 
rulemaking will not impose a cost of $100 million or more in any given 
year on local or State governments or private entities. The 
implementation of this rule is by Federal agencies and there is no cost 
imposed on any State or local entities or tribal governments.

Executive Order 12988

    The Secretaries have determined that these proposed regulations 
meet the applicable standards provided in Sec. Sec.  3(a) and 3(b)(2) 
of Executive Order 12988, regarding civil justice reform.

Executive Order 13132

    In accordance with Executive Order 13132, the proposed rule does 
not have sufficient Federalism implications to warrant the preparation 
of a Federalism Assessment. Title VIII of ANILCA precludes the State 
from exercising subsistence management authority over fish and wildlife 
resources on Federal lands unless it meets certain requirements.

Executive Order 13175

    The Alaska National Interest Lands Conservation Act, Title VIII, 
does not provide specific rights to tribes for the subsistence taking 
of wildlife, fish, and shellfish. However, the Secretaries, through the 
Board, will provide Federally recognized Tribes and Alaska Native 
corporations an opportunity to consult on this proposed rule. 
Consultation with Alaska Native corporations are based on Public Law 
108-199, div. H, Sec. 161, Jan. 23, 2004, 118 Stat. 452, as amended by 
Public Law 108-447, div. H, title V, Sec. 518, Dec. 8, 2004, 118 Stat. 
3267, which provides that: ``The Director of the Office of Management 
and Budget and all Federal agencies shall hereafter consult with Alaska 
Native corporations on the same basis as Indian tribes under Executive 
Order No. 13175.''
    The Secretaries, through the Board, will provide a variety of 
opportunities for consultation: commenting on proposed changes to the 
existing rule; engaging in dialogue at the Regional Council meetings; 
engaging in dialogue at the Board's meetings; and providing input in 
person, by mail, email, or phone at any time during the rulemaking 
process.

Executive Order 13211

    This Executive Order requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. However, this proposed 
rule is not a significant regulatory action under E.O. 13211, affecting 
energy supply, distribution, or use, and no Statement of Energy Effects 
is required.

Drafting Information

    Theo Matuskowitz drafted these proposed regulations under the 
guidance of Gene Peltola of the Office of Subsistence Management, 
Alaska Regional Office, U.S. Fish and Wildlife Service, Anchorage, 
Alaska. Additional assistance was provided by:
     Daniel Sharp, Alaska State Office, Bureau of Land 
Management;
     Mary McBurney, Alaska Regional Office, National Park 
Service;
     Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian 
Affairs;

[[Page 36840]]

     Trevor Fox, Alaska Regional Office, U.S. Fish and Wildlife 
Service; and
     Thomas Whitford, Alaska Regional Office, USDA--Forest 
Service.

List of Subjects

36 CFR Part 242

    Administrative practice and procedure, Alaska, Fish, National 
forests, Public lands, Reporting and recordkeeping requirements, 
Wildlife.

50 CFR Part 100

    Administrative practice and procedure, Alaska, Fish, National 
forests, Public lands, Reporting and recordkeeping requirements, 
Wildlife.

Proposed Regulation Promulgation

    For the reasons set out in the preamble, the Secretaries propose to 
amend 36 CFR part 242 and 50 CFR part 100 as set forth below.

PART--SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKA

0
1. The authority citation for both 36 CFR part 242 and 50 CFR part 100 
continues to read as follows:

    Authority:  16 U.S.C. 3, 472, 551, 668dd, 3101-3126; 18 U.S.C. 
3551-3586; 43 U.S.C. 1733.

Subpart A--General Provisions

0
2. In subpart A of 36 CFR part 242 and 50 CFR part 100, amend Sec.  3 
as follows:
0
a. In paragraph (a), remove the word ``or'' and in its place add the 
word ``of'' and remove the word ``poortion'' and in its place add the 
word ``portion'';
0
b. In paragraph (b)(1)(iii), remove the word ``A'' and in its place add 
the word ``All'';
0
c. In paragraph (b)(1)(v), remove the word ``Latitute'' and in its 
place add the word ``Latitude'';
0
d. In paragraph (b)(2), remove ``70 10' '' and in its place add 
``70[deg]10' '' and remove ``145 51' '' and in its place add 
``145[deg]51' '';
0
e. In paragraph (b)(3), remove the word ``cape'' and in its place add 
the word ``Cape'', remove the word ``Latitute'' and in its place add 
the word ``Latitude'', and remove ``161 46' '' and in its place add 
``161[deg]46' ''; and
0
f. Revise paragraph (b)(5) to read as set forth below:


Sec.  3  Applicability and scope.

* * * * *
    (5) Southeastern Alaska, including the:
    (i) Makhnati Island Area: Land and waters beginning at the southern 
point of Fruit Island, 57[deg]02'35'' north latitude, 135[deg]21'07'' 
west longitude as shown on United States Coast and Geodetic Survey 
Chart No. 8244, May 21, 1941; from the point of beginning, by metes and 
bounds; S. 58[deg] W., 2,500 feet, to the southern point of Nepovorotni 
Rocks; S. 83[deg] W., 5,600 feet, on a line passing through the 
southern point of a small island lying about 150 feet south of Makhnati 
Island; N. 6[deg] W., 4,200 feet, on a line passing through the western 
point of a small island lying about 150 feet west of Makhnati Island, 
to the northwestern point of Signal Island; N. 24[deg] E., 3,000 feet, 
to a point, 57[deg]03'15'' north latitude, 134[deg]23'07'' west 
longitude; East, 2,900 feet, to a point in course No. 45 in meanders of 
U.S. Survey No. 1496, on west side of Japonski Island; southeasterly, 
with the meanders of Japonski Island, U.S. Survey No. 1,496 to angle 
point No. 35, on the southwestern point of Japonski Island; S. 60[deg] 
E., 3,300 feet, along the boundary line of Naval reservation described 
in Executive Order No. 8216, July 25, 1939, to the point of beginning, 
and that part of Sitka Bay lying south of Japonski Island and west of 
the main channel, but not including Aleutski Island as revoked in 
Public Land Order 925, October 27, 1953, described by metes and bounds 
as follows: Beginning at the southeast point of Japonski Island at 
angle point No. 7 of the meanders of U.S. Survey No. 1496; thence east 
approximately 12.00 chains to the center of the main channel; thence S. 
45[deg] E. along the main channel approximately 20.00 chains; thence S. 
45[deg] W. approximately 9.00 chains to the southeastern point of 
Aleutski Island; thence S. 79[deg] W. approximately 40.00 chains to the 
southern point of Fruit Island; thence N. 60[deg] W. approximately 
50.00 chains to the southwestern point of Japonski Island at angle 
point No. 35 of U.S. Survey No. 1496; thence easterly with the meanders 
of Japonski Island to the point of beginning including Charcoal, 
Harbor, Alice, Love, and Fruit islands and a number of smaller unnamed 
islands.
    (ii) Tongass National Forest:
    (A) Beacon Point, Frederick Sound, and Kupreanof Island are shown 
on the U.S. Coast and Geodetic Survey Chart No. 8210--Sheet No. 16. The 
reference location is marked as 57 south, 79 east, CRM, SEC 8, U.S. 
Survey No. 1604. The point begins on the low-water line at N. 63[deg] 
W., true and approximately 1,520 feet from Beacon Point beacon; thence 
due south true 1,520 feet; thence true East 1,800 feet, more or less to 
an intersection with a low-water line; thence following, is the low-
water line round the point to point of the beginning (Approx. Long. 
133[deg]00' W. Lat. 56[deg]56\1/4\' N.).
    (B) Bushy Island and Snow Passage are shown on the U.S. Coast and 
Geodetic Survey Chart, labeled No. 8160--Sheet No. 12. The reference 
location is marked as 64 south, 80 east, CRM, SEC. 31/32 on the map 
labeled, USS 1607. The point begins on a low-water line about \1/4\ 
nautical miles and southwesterly from the northwest point of the 
island, from which a left tangent to an island that is 300 yards in 
diameter and 100 yards offshore, bears the location--N. 60[deg] W., 
true; thence S. 60[deg] E., true and more or less 2,000 feet to an 
intersection with a low-water line on the easterly side of the island; 
thence forward along the winding of the low-water line northwesterly 
and southwesterly to the point of the beginning, including all adjacent 
rocks and reefs not covered at low water (Approx. Long. 132[deg]58' W. 
Lat. 56[deg]16\1/2\' N.).
    (C) Cape Strait, Frederick Sound, and Kupreanof Island are shown on 
the U.S. Coast and Geodetic Survey Chart No. 8210--Sheet No. 16. The 
reference location is marked as 56 south, 77478 east, CRM, on the map 
labeled as USS 1011. It begins at a point on a low-water line that is 
westerly from the lighthouse and distant 1,520 feet in a direct line 
from the center of the concrete pier upon which the light tower is 
erected; thence South 45[deg] E., true by 1,520 feet; thence east true 
by 1,520 feet, more or less to an intersection with the low-water line; 
thence north-westerly and westerly, following the windings of the low-
water line to the point of beginning (Approx. Long. 133[deg]05' W. Lat. 
57[deg]00' N.).
    (D) Point Colpoys and Sumner Strait are shown on the U.S. Coast and 
Geodetic Survey Chart No. 8160--Prince of Wales Island--Sheet No. 12. 
The reference location is marked as 64 south, 78 east, CRM, SECs. 10, 
11, 12 on the map labeled as USS 1634. Location is north of a true 
east-and-west line running across the point to 1,520 feet true south 
from the high-water line at the northernmost extremity. Map includes 
all adjacent rocks and ledges not covered at low water and also 
includes two rocks awash about 1\1/4\ nautical miles east and South and 
75[deg] East, respectively, from the aforementioned point (Approx. 
Long. 133[deg]12' W. Lat. 56[deg]20' N.).
    (E) Vank Island and Stikine Strait are shown on the U.S. Coast and 
Geodetic Survey Chart No. 8160--Sheet No. 18. Located at 62 south, 82 
east, CRM, SEC 34, on the map labeled as USS 1648. This part of the 
island is lying south of a true east-and-west line that is drawn across 
the island from low water to low water. Island is 760 feet due North 
from

[[Page 36841]]

the center of the concrete pier upon which the structure for the light 
is erected (Approx. Long. 132[deg]35' W. Lat. 56[deg]27' N.).
    (F) High Point, and Woronkofski Island, Alaska, are shown on the 
U.S. Coast and Geodetic Survey Chart No. 8160--Sheet No. 18. The 
location begins at a point on low water at the head of the first bight 
easterly of the point and about \1/8\ nautical mile distant therefrom; 
thence south true 1,520 feet; thence west true 1,100 feet, more or less 
to an intersection with the low-water line; thence northerly and 
easterly, following the windings of the low-water line to point of the 
beginning (Approx. Long. 132[deg]33' W. Lat. 56[deg]24' N.).
    (G) Key Reef and Clarence Strait are shown on the U.S Coast and 
Geodetic Survey Chart No. 8160--Sheet No. 11. The reef lies 1\3/4\ 
miles S. 80[deg] E., true, from Bluff Island and becomes awash at 
extreme high water. Chart includes all adjacent ledges and rocks not 
covered at low water (Approx. Long. 132[deg]50' W. Lat. 56[deg]10' N.).
    (H) Low Point and Zarembo Island, Alaska, are shown on U.S. Coast 
and Geodetic Survey Chart No. 8160--Sheet No. 22. The location begins 
at a point on a low-water line that is 760 feet in a direct line, 
easterly, from the center of Low Point Beacon. The position is located 
on a point of shoreline about 1 mile easterly from Low Point; thence S. 
35[deg], W true 760 feet; thence N. 800 feet and W. 760 feet, more or 
less, to an intersection with the low-water line to the point of 
beginning (Approx. Long. 132[deg]55\1/2\' W. Lat. 56[deg]27\1/2\' N.).
    (I) McNamara Point and Zarembo Island, Alaska, are shown on U.S. 
Coast and Geodetic Survey Chart No. 8160--Sheet No. 25. Location begins 
at a point on a low-water line that is 1,520 feet in a direct line, 
northerly, from McNamara Point Beacon--a slatted tripod structure; 
thence true east 1,520 feet; thence true south, more or less, 2,500 
feet to an intersection with the low-water line; thence northwesterly 
and northerly following the windings of the low-water line to the point 
of the beginning (Approx. Long. 133[deg]04' W. Lat. 56[deg]20' N.).
    (J) Mountain Point and Wrangell Narrows, Alaska, are shown on the 
U.S. Coast and Geodetic Survey Chart No. 8170--Sheet No. 27. The 
location begins at a point on a low-water line southerly from the 
center of Mountain Point Beacon and distant there from 1,520 feet in a 
direct line; thence true west 1,520 feet; thence true north, more or 
less, 3,480 feet to an intersection with the low-water line; thence 
southeasterly and southerly following the windings of the low-water 
line to the point of the beginning (Approx. Long. 132[deg]57\1/2\' W. 
Lat. 56[deg]44' N.).
    (K) Angle Point, Revillagigedo Channel, and Bold Island are shown 
on the U.S. Coast and Geodetic Survey Chart No. 8075--Sheet No. 3. The 
reference location is marked as 76 south, 92 east, CRM, USS 1603. The 
location begins at a point on a low-water line abreast of the 
lighthouse on Angle Point, the southwestern extremity of Bold Island; 
thence easterly along the low-water line to a point that is 3,040 feet 
in a straight line from the beginning point; thence N. 30[deg] W. True 
3,040 feet; thence true west to an intersection with the low-water 
line, 3,000 feet, more or less; thence southeasterly along the low-
water line to the point of the beginning (Approx. Long. 131[deg]26' W. 
Lat. 55[deg]14' N.).
    (L) Cape Chacon, Dixon Entrance, and Prince of Wales Island are 
shown on the U.S Coast and Geodetic Survey Chart No. 8074--Sheet No. 
29. The reference location is marked as 83 south, 89 and 90 east, CRM, 
USS 1608. The location begins at a point at the low-water mark on the 
shore line of Dixon Entrance from which the southern extremity of Cape 
Chacon bears south 64[deg] true East and approximately \3/4\ nautical 
miles; thence N. 45[deg] true East and about 1 nautical mile, more or 
less, to an intersection with a low-water line on the shore of Clarence 
Strait; thence southerly, following the meanderings of the low-water 
line of the shore, to and around Cape Chacon, and continuing to the 
point of the beginning. Reference includes all adjacent islands, 
islets, rocks, and reefs that are not covered at the low-water line 
(Approx. Long. 132[deg] W. Lat. 54[deg]42' N.).
    (M) Lewis Reef and Tongass Narrows are shown on the U.S Coast and 
Geodetic Survey Chart No. 8094--Sheet No. 71. The reference location is 
marked as 75 south, 90 east, CRM, SEC 9. The area point begins at the 
reef off of Lewis Point and partly bare at low water. This part of the 
reef is not covered at low water and lies on the northeast side of a 
true northwest-and-southeast line that is located 300 feet true 
southwest from the center of the concrete pier of Lewis Reef Light 
(Approx. Long. 131[deg]44\1/2\' W. Lat. 55[deg]22'25'' N.).
    (N) Lyman Point and Clarence Strait are shown on the U.S Coast and 
Geodetic Survey, Chart No. 8076--Sheet No. 8. The reference location is 
marked as 73 south, 86 east, CRM, SEC 13, on a map labeled as USS 2174 
TRC. It begins at a point at the low-water mark. The aforementioned 
point is 300 feet in a direct line easterly from Lyman Point light; 
thence due south 300 feet; thence due west to a low-water mark 400 
feet, more or less; thence following the winding of the low-water mark 
to place of beginning (Approx. Long. 132[deg]18' W. Lat. 35[deg]35' 
N.).
    (O) Narrow Point, Clarence Strait, and Prince of Wales Island are 
shown on the U.S. Coast and Geodetic Survey Chart No. 8100--Sheet No. 
9. The reference location is marked as 70 south, 84 east, CRM, on a map 
labeled as USS 1628. The point begins at a point on a low-water line 
about 1 nautical mile southerly from Narrow Point Light, from which 
point a left tangent to a high-water line of an islet about 500 yards 
in diameter and about 300 yards off shore, bears south 30[deg] true 
East; thence north 30[deg] W., true 7,600 feet; thence N. 60[deg] E., 
3,200 feet, more or less to an intersection with a low-water line; 
thence southeasterly, southerly, and southwesterly, following the 
winding of the low-water line to the point of the beginning. The map 
includes all adjacent rocks not covered at low water (Approx. Long. 
132[deg]28' W. Lat. 55[deg]47\1/2\' N.).
    (P) Niblack Point, Cleveland Peninsula, and Clarence Strait, 
Alaska, are shown on the U.S. coast and Geodetic Survey Chart No. 
8102--Sheet No. 6, which is the same sheet used for Caamano Point. The 
location begins at a point on a low-water line from which Niblack Point 
Beacon, a tripod anchored to three concrete piers, bears southeasterly 
and is 1,520 feet in a direct line; thence true northeast 1,520 feet; 
thence true southeast 3,040 feet; thence true southwest at 600 feet, 
more or less, to an intersection with a low-water line; thence 
northwesterly following the windings of the low-water line to the point 
of the beginning (Approx. Long. 132[deg]07' W. Lat. 55[deg]33' N.).
    (Q) Rosa Reef and Tongass Narrows are shown on the U.S. Coast and 
Geodetic Survey Chart No. 8094--Sheet No. 71. The reference location is 
marked as 74 south, 90 east, CRM, SEC 31. That part of the reef is not 
covered at low water and lies east of a true north-and-south line, 
located 600 feet true west from the center of the concrete pier of Rosa 
Reef Light. The reef is covered at high water (Approx. Long. 
131[deg]48' W. Lat. 55[deg]24'15'' N.).
    (R) Ship Island and Clarence Strait are shown on the U.S. Coast and 
Geodetic Survey Chart No. 8100--Sheet No. 9. The reference location is 
marked as south, 8 east, CRM, SEC 27. The point begins as a small 
island on the northwesterly side of the Clarence Strait, about 10 
nautical miles northwesterly from Caamano Point and \1/4\ mile off the 
shore of Cleveland Peninsula. The sheet includes all

[[Page 36842]]

adjacent islets and rocks not connected to the main shore and not 
covered at low water (Approx. Long. 132[deg]12' W. Lat. 55[deg]36' N.).
    (S) Spire Island Reef and Revillagigedo Channel are shown on the 
U.S. Coast and Geodetic Survey Chart No. 8075--Sheet No. 3. The 
reference location is marked as 76 south, 92 east, CRM, SEC 19.The 
detached reef, covered at high water and partly bare at low water, is 
located northeast of Spire Island. Spire Island Light is located on the 
reef and consists of small houses and lanterns surmounting a concrete 
pier. See chart for ``Angle Pt.'' (Approx. Long. 131[deg]30' W. Lat. 
55[deg]16' N.).
    (T) Surprise Point and Nakat Inlet are shown on the U.S. Coast and 
Geodetic Survey Chart No. 8051--Sheet No. 1. The reference location is 
marked as 80 south, 89 east, CRM. This point lies north of a true east-
and-west line. The true east-and-west line lies 3,040 feet true south 
from the northernmost extremity of the point together with adjacent 
rocks and islets (Approx. Long. 130[deg]44' W. Lat. 54[deg]49' N.).
    (U) Caamano Point, Cleveland Peninsula, and Clarence Strait, 
Alaska, are shown on the U.S. Coast and Geodetic Survey Chart No. 
8102--Sheet No. 6. Location consists of everything apart of the extreme 
south end of the Cleveland Peninsula lying on a south side of a true 
east-and-west line that is drawn across the point at a distance of 800 
feet true north from the southernmost point of the low-water line. This 
includes off-lying rocks and islets that are not covered at low water 
(Approx. Long. 131[deg]59' W. Lat. 55[deg]30' N.).
    (V) Meyers Chuck and Clarence Strait, Alaska, are shown on the U.S. 
and Geodetic Survey Chart No. 8124--Sheet No. 26. The small island is 
about 150 yards in diameter and located about 200 yards northwest of 
Meyers Island (Approx. Long. 132[deg]16' W. Lat. 55[deg]44\1/2\' N.).
    (W) Round Island and Cordova Bay, Alaska, are shown on the U.S 
coast and Geodetic Survey Chart No. 8145--Sheet No. 36. The 
Southwestern Island of the group is about 700 yards long, including 
off-lying rocks and reefs that are not covered at low water (Approx. 
Long. 132[deg]30\1/2\' W. Lat. 54[deg]46\1/2\' N.).
    (X) Mary Island begins at a point that is placed at a low-water 
mark. The aforementioned point is southward 500 feet from a crosscut on 
the side of a large rock on the second point below Point Winslow and 
Mary Island; thence due west \3/4\ mile, statute; thence due north to a 
low-water mark; thence following the winding of the low water to the 
place of the beginning (Approx. Long. 131[deg]11'00'' W. Lat. 
55[deg]05'55'' N.).
    (Y) Tree Point starts a point of a low-water mark. The 
aforementioned point is southerly \1/2\ mile from extreme westerly 
point of a low-water mark on Tree Point, on the Alaska Mainland; thence 
due true east, \3/4\ mile; thence due north 1 mile; thence due west to 
a low-water mark; thence following the winding of the low-water mark to 
the place of the beginning (Approx. Long. 130[deg]57'44'' W. Lat. 
54[deg]48'27'' N.).
* * * * *

    Dated: May 31, 2016.

    Dated: February 17, 2016.
Sally Jewell,
Secretary of the Interior.
Beth G. Pendleton,
Regional Forester USDA--Forest Service.
[FR Doc. 2016-13374 Filed 6-7-16; 8:45 am]
 BILLING CODE 3410-11-4333-15-P