[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Rules and Regulations]
[Pages 23813-23819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10938]



[[Page 23813]]

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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; FXFR13350700640-167-FF07J00000; 
FBMS#4500096963]
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: Final 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) initiated 
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 rule adds 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: This rule is effective June 22, 2018.

ADDRESSES: The Board meeting transcripts are available for review at 
the Office of Subsistence Management, 1011 East Tudor Road, Mail Stop 
121, Anchorage, AK 99503, or on the Office of Subsistence Management 
website (https://www.doi.gov/subsistence).

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 the Alaska National Interest Lands Conservation 
Act (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 on May 29, 1992 (57 FR 22940). The Program has 
subsequently amended these regulations 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. 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, USDA 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 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 
Federal Subsistence 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.

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

[[Page 23814]]

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.

Current Rule

    The Departments published a proposed rule on June 8, 2016 (81 FR 
36836), to amend the applicability and scope section of subpart A of 36 
CFR part 242 and 50 CFR part 100. The proposed rule opened a comment 
period, which closed on August 8, 2016, and also announced public 
meetings to be held in several different locations throughout the state 
between September 28 and November 2, 2016. The Departments advertised 
the proposed rule by mail, email, web page, social media, radio, and 
newspaper, and comments were submitted via www.regulations.gov to 
Docket No. FWS-R7-SM-2015-0159. During that period, the Councils met 
and, in addition to other Council business, received comments from the 
public and developed recommendations to the Board. The Councils had an 
opportunity to review the proposed rule and make recommendations for 
the final rule as described in more detail below.
    The Board met via a public teleconference on May 25, 2017. All 
briefings and documents presented to the Board were available to the 
public on the Program's web page and was advertised by mail, email, web 
page, social media, radio, and newspaper. After a briefing and 
deliberation the Board decided on the following recommendation to the 
Secretaries: ``The Federal Subsistence Board recommends to the 
Secretaries that the lands listed in the proposed rule of June 8, 2016 
(81 FR 36836) be included in the Subsistence Management Regulations for 
Public Lands in Alaska (36 CFR 242 and 50 CFR 100) for the purpose of 
implementing the subsistence provisions in Title VIII of the Alaska 
National Interest Lands Conservation Act.''
    These final regulations reflect the Board's recommendation to the 
Secretaries after review and consideration of Council recommendations, 
Tribal and Alaska Native corporation consultations, and public 
comments. The public received extensive opportunity to review and 
comment on all changes.

Summary of Comments Received and Responses

    The Board received one public comment from the State of Alaska. 
They did not object to the new listings, however they did claim 
ownership over the Makhnati Island submerged lands. We conferred with 
the Bureau of Land Management regarding the scope of patents 50-68-0194 
and 50-90-0276. Neither of the patents includes the submerged lands 
that are the subject of this rule. Specifically, patent number 50-68-
0194 includes Lot 82 of U.S. Survey 1763, which encompasses the upland 
area of Makhnati Island. However, the patent does not include either 
the adjacent submerged lands or the fill lands that connect Makhnati 
Island to the rest of the chain of islands. Similarly, patent 50-90-
0267 includes lands surveyed on Japonski Island in U.S. Survey 1496, 
but it does not grant ownership to the State of any adjacent submerged 
lands.
    The Southeast Alaska Regional Advisory Council had no objections to 
these lands coming under Federal subsistence jurisdiction. They did 
comment that they felt they could not offer constructive discussion or 
provide a valuable recommendation; they addressed the desire for maps 
to be produced on each of these parcels, asked if the lands were aids 
to navigation, were the lands fully or partially submerged, and if 
there was a Federal interest in these lands. Responses will have to be 
researched since it was not provided in the listings provided by BLM. 
The North Slope and Yukon-Kuskokwim Regional Advisory Councils deferred 
to the Southeast Council. The Northwest Arctic Regional Advisory 
Council approved as written in the proposed rule. The Kodiak, 
Southcentral Alaska, Eastern Interior Alaska, Seward Peninsula, and 
Bristol Bay Regional Advisory Councils had no comments and took no 
action.
    Tribal consultation was offered statewide. No tribal entity 
requested specific consultation and no comments were offered via 
correspondence, during public hearings, or during consultations on 
different issues.
    Because this 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.

Conformance With Statutory and Regulatory Authorities

Administrative Procedure Act Compliance

    The Board has provided extensive opportunity for public input and 
involvement in compliance with Administrative Procedure Act 
requirements, including publishing a proposed rule in the Federal 
Register, participation in multiple Council meetings, additional public 
review and comment on all proposals for regulatory change, and 
opportunity for additional

[[Page 23815]]

public comment during the Board meeting prior to deliberation. 
Additionally, an administrative mechanism exists (and has been used by 
the public) to request reconsideration of the Board's decision on any 
particular proposal for regulatory change (36 CFR 242.20 and 50 CFR 
100.20). Therefore, the Board believes that sufficient public notice 
and opportunity for involvement have been given to affected persons 
regarding Board decisions.
    In the more than 25 years that the Program has been operating, no 
benefit to the public has been demonstrated by delaying the effective 
date of the subsistence regulations. A lapse in regulatory control 
could affect the continued viability of fish or wildlife populations 
and future subsistence opportunities for rural Alaskans, and would 
generally fail to serve the overall public interest. Therefore, the 
Board finds good cause pursuant to 5 U.S.C. 553(d)(3) to make this rule 
effective upon the date set forth in DATES to ensure continued 
operation of the subsistence program.

National Environmental Policy Act Compliance

    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.
    The following Federal Register documents pertain to this 
rulemaking:

 Subsistence Management Regulations for Public Lands in Alaska, Subparts A, B, and C: Federal Register Documents
                                          Pertaining to the Final Rule
----------------------------------------------------------------------------------------------------------------
     Federal Register citation         Date of publication          Category                   Details
----------------------------------------------------------------------------------------------------------------
57 FR 22940........................  May 29, 1992..........  Final Rule............  ``Subsistence Management
                                                                                      Regulations for Public
                                                                                      Lands in Alaska; Final
                                                                                      Rule'' was published in
                                                                                      the Federal Register.
64 FR 1276.........................  January 8, 1999.......  Final Rule............  Amended the regulations to
                                                                                      include subsistence
                                                                                      activities occurring on
                                                                                      inland navigable waters in
                                                                                      which the United States
                                                                                      has a reserved water right
                                                                                      and to identify specific
                                                                                      Federal land units where
                                                                                      reserved water rights
                                                                                      exist. Extended the
                                                                                      Federal Subsistence
                                                                                      Board's management to all
                                                                                      Federal lands selected
                                                                                      under the Alaska Native
                                                                                      Claims Settlement Act and
                                                                                      the Alaska Statehood Act
                                                                                      and situated within the
                                                                                      boundaries of a
                                                                                      Conservation System Unit,
                                                                                      National Recreation Area,
                                                                                      National Conservation
                                                                                      Area, or any new national
                                                                                      forest or forest addition,
                                                                                      until conveyed to the
                                                                                      State of Alaska or to an
                                                                                      Alaska Native Corporation.
                                                                                      Specified and clarified
                                                                                      the Secretaries' authority
                                                                                      to determine when hunting,
                                                                                      fishing, or trapping
                                                                                      activities taking place in
                                                                                      Alaska off the public
                                                                                      lands interfere with the
                                                                                      subsistence priority.
66 FR 31533........................  June 12, 2001.........  Interim Rule..........  Expanded the authority that
                                                                                      the Federal Subsistence
                                                                                      Board may delegate to
                                                                                      agency field officials and
                                                                                      clarified the procedures
                                                                                      for enacting emergency or
                                                                                      temporary restrictions,
                                                                                      closures, or openings.
67 FR 30559........................  May 7, 2002...........  Final Rule............  Amended the operating
                                                                                      regulations in response to
                                                                                      comments on the June 12,
                                                                                      2001, interim rule. Also
                                                                                      corrected some inadvertent
                                                                                      errors and oversights of
                                                                                      previous rules.
68 FR 7703.........................  February 18, 2003.....  Direct Final Rule.....  Clarified how old a person
                                                                                      must be to receive certain
                                                                                      subsistence use permits
                                                                                      and removed the
                                                                                      requirement that Regional
                                                                                      Advisory Councils must
                                                                                      have an odd number of
                                                                                      members.
68 FR 23035........................  April 30, 2003........  Affirmation of Direct   Because no adverse comments
                                                              Final Rule.             were received on the
                                                                                      direct final rule (67 FR
                                                                                      30559), the direct final
                                                                                      rule was adopted.
69 FR 60957........................  October 14, 2004......  Final Rule............  Clarified the membership
                                                                                      qualifications for
                                                                                      Regional Advisory Council
                                                                                      membership and relocated
                                                                                      the definition of
                                                                                      ``regulatory year'' from
                                                                                      subpart A to subpart D of
                                                                                      the regulations.
70 FR 76400........................  December 27, 2005.....  Final Rule............  Revised jurisdiction in
                                                                                      marine waters and
                                                                                      clarified jurisdiction
                                                                                      relative to military
                                                                                      lands.
71 FR 49997........................  August 24, 2006.......  Final Rule............  Revised the jurisdiction of
                                                                                      the subsistence program by
                                                                                      adding submerged lands and
                                                                                      waters in the area of
                                                                                      Makhnati Island, near
                                                                                      Sitka, AK. This allowed
                                                                                      subsistence users to
                                                                                      harvest marine resources
                                                                                      in this area under
                                                                                      seasons, harvest limits,
                                                                                      and methods specified in
                                                                                      the regulations.
72 FR 25688........................  May 7, 2007...........  Final Rule............  Revised nonrural
                                                                                      determinations.
75 FR 63088........................  October 14, 2010......  Final Rule............  Amended the regulations for
                                                                                      accepting and addressing
                                                                                      special action requests
                                                                                      and the role of the
                                                                                      Regional Advisory Councils
                                                                                      in the process.

[[Page 23816]]

 
76 FR 56109........................  September 12, 2011....  Final Rule............  Revised the composition of
                                                                                      the Federal Subsistence
                                                                                      Board by expanding the
                                                                                      Board by two public
                                                                                      members who possess
                                                                                      personal knowledge of and
                                                                                      direct experience with
                                                                                      subsistence uses in
                                                                                     rural Alaska.
77 FR 12477........................  March 1, 2012.........  Final Rule............  Extended the compliance
                                                                                      date for the final rule
                                                                                      (72 FR 25688) that revised
                                                                                      nonrural determinations
                                                                                      until the Secretarial
                                                                                      program review is complete
                                                                                      or in 5 years, whichever
                                                                                      comes first.
80 FR 68249........................  November 4, 2015......  Final Rule............  Revised the nonrural
                                                                                      determination process and
                                                                                      allowed the Federal
                                                                                      Subsistence Board to
                                                                                      define which communities
                                                                                      and areas are nonrural.
----------------------------------------------------------------------------------------------------------------

    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 section 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 
section 810 analysis determination appeared in the April 6, 1992, ROD 
and concluded that the 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 this 
rule was conducted in accordance with section 810. That evaluation also 
supported the Secretaries' determination that the rule will not reach 
the ``may significantly restrict'' threshold that would require notice 
and hearings under ANILCA section 810(a).

Paperwork Reduction Act of 1995 (PRA)

    An agency may not conduct or sponsor and you are not required to 
respond to a collection of information unless it displays a currently 
valid Office of Management and Budget (OMB) control number. This rule 
does not contain any new collections of information that require OMB 
approval. OMB has reviewed and approved the collections of information 
associated with the subsistence regulations at 36 CFR part 242 and 50 
CFR part 100, and assigned OMB Control Number 1018-0075, which expires 
June 30, 2019.

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    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 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 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 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 rule is not a major rule. It does 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 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.

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 
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 
rulemaking will not impose a cost of $100 million or more in any given 
year on local or State governments or private entities. The

[[Page 23817]]

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 regulations meet the 
applicable standards provided in sections 3(a) and 3(b)(2) of Executive 
Order 12988, regarding civil justice reform.

Executive Order 13132

    In accordance with Executive Order 13132, the rule does not have 
sufficient Federalism implications to warrant the preparation of a 
Federalism summary impact statement. 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 Board provided Federally 
recognized Tribes and Alaska Native corporations opportunities to 
consult on this 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, provided a variety of 
opportunities for consultation: commenting on proposed changes to the 
existing rule; engaging in dialogue at the 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.
    On January 10, 2017, the Board provided Federally recognized Tribes 
and Alaska Native Corporations a specific opportunity to consult on 
this rule prior to the start of its public regulatory meeting. 
Federally recognized Tribes and Alaska Native Corporations were 
notified by mail and telephone and were given the opportunity to attend 
in person or via teleconference.

Executive Order 13211

    This Executive Order requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. However, this 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 regulations under the guidance of 
Eugene R. Peltola, Jr. 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;
     Carol Damberg, 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.

Regulation Promulgation

    For the reasons set out in the preamble, the Federal Subsistence 
Board amends title 36, part 242, and title 50, part 100, of the Code of 
Federal Regulations, 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 words ``Title VIII or ANILCA'' and add 
in their place the words ``Title VIII of ANILCA'';
0
b. In paragraph (b)(1)(iii), remove the word ``A'' and add in its place 
the word ``All'';
0
c. In paragraph (b)(2), remove ``70 10' '' and add in its place 
``70[deg]10' '' and remove ``145 51' '' and add in its place 
``145[deg]51' '';
0
d. In paragraph (b)(3), remove the word ``cape'' and add in its place 
the word ``Cape'' and remove ``161 46' '' and add in its place 
``161[deg]46' ''; and
0
e. Revise paragraph (b)(5).
    The revision reads as follows:


Sec.  __.3  Applicability and scope.

* * * * *
    (b) * * *
    (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

[[Page 23818]]

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 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

[[Page 23819]]

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 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: April 20, 2018.
David E. Schmid,
Acting Regional Forester, USDA-Forest Service.
    Dated: May 15, 2018.
David L. Bernhardt,
Deputy Secretary. Fish and Wildlife Service.
[FR Doc. 2018-10938 Filed 5-22-18; 8:45 am]
BILLING CODE 4310-55-P; 3411-15-P