[Federal Register Volume 80, Number 209 (Thursday, October 29, 2015)]
[Rules and Regulations]
[Pages 66417-66419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27522]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 13
[NPS-KLGO-19374; PPAKKLGOL0, PPMPRLE1Z.L00000]
RIN 1024-AE27
Special Regulations, Areas of the National Park System, Klondike
Gold Rush National Historical Park, Horse Management
AGENCY: National Park Service, Interior.
ACTION: Final rule.
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[[Page 66418]]
SUMMARY: The National Park Service is revising the special regulations
for Klondike Gold Rush National Historical Park to close the core Dyea
Historic Townsite to the use of horses except by special use permit
issued by the superintendent.
DATES: This rule is effective November 30, 2015.
FOR FURTHER INFORMATION CONTACT: Andee Sears, Regional Law Enforcement
Specialist, Alaska Regional Office, 240 West 5th Ave., Anchorage, AK
99501. Phone (907) 644-3410. Email: [email protected].
SUPPLEMENTARY INFORMATION:
Background and Significance of Klondike Gold Rush National Historical
Park
Klondike Gold Rush National Historical Park (KLGO or park) was
established in 1976. The park includes 13,191 acres and is the only NPS
area authorized and established solely to commemorate an American gold
rush. The purpose of the park is to preserve for the benefit and
inspiration of the people of the United States, the historic
structures, trails, artifacts and landscapes and stories associated
with the Klondike Gold Rush of 1898.
Part of the park is the Dyea Historic Townsite, which served as the
gateway community to the Chilkoot Trail. At the time of the Gold Rush,
approximately 10,000 people lived in Dyea. Dyea is rich in surface
artifacts and other remnants from the Klondike Gold Rush of 1898.
Horses were a very important and visible component of the 1898 Klondike
Gold Rush and the Dyea Historic Townsite from 1897 and for several
decades afterward. Thousands of unique and irreplaceable cultural
landscape features and artifacts remain within and above the top layers
of soil, and as such are highly susceptible to damage from ground
disturbance, including disturbance caused by unregulated horseback
traffic.
Authority To Promulgate Regulations
The National Park Service (NPS) manages KLGO under a statute
commonly known as the NPS Organic Act of 1916 (Organic Act) (54 U.S.C.
100101 et seq.), which gives the NPS broad authority to regulate the
use of the park areas under its jurisdiction. The Organic Act
authorizes the Secretary of the Interior, acting through NPS, to
``prescribe such regulations as the Secretary considers necessary or
proper for the use and management of [National Park] System units.'' 54
U.S.C. 100751(a).
Management of the park is also governed by the Alaska National
Interest Lands Conservation Act (ANILCA). Horses at KLGO are a form of
non-motorized surface transportation for traditional activities which
is subject to Section 1110(a) of ANILCA. Under this section of ANILCA,
such use is subject to reasonable regulations to protect the natural
and other values of KLGO. Under the Department's regulations
implementing this statutory provision at 43 CFR 36.11(h), NPS may
permanently close an area to this form of transportation by regulation
upon a finding by the NPS that the activity would be detrimental to the
resource values of the area. Based upon the analysis in the Dyea Area
Plan and Environmental Assessment (EA) and the associated Finding of No
Significant Impact (FONSI), NPS finds that unregulated horse traffic in
the Dyea Historic Townsite would be detrimental to the resource values
of the area, namely the thousands of unique and irreplaceable cultural
landscape features and artifacts that remain within and above the top
layers of soil in the area.
Dyea Area Plan and Environmental Assessment and Final Rule
In January 2014, the NPS completed the EA after providing an
opportunity for public comment. The proposed action in the EA calls for
eliminating horse traffic from the Dyea Historic Townsite except for
limited and infrequent use on an established route by private, non-
commercial parties pursuant to a special use permit issued by the
superintendent. In March 2014, the NPS held a public hearing in
Skagway, AK for the proposed restrictions on horse use in the Dyea
Historic Townsite in compliance with regulations at 43 CFR 36.11(h)(3).
In September 2014, the Regional Director for the Alaska Region signed
the FONSI identifying the proposed action in the EA as the selected
action. The rule implements the selected action by closing the Dyea
Historic Townsite to the use of horses except under a special use
permit issued by the superintendent under 36 CFR 1.6 (Permits), the
provisions of which apply to the permits issued by the superintendent.
If, after observation, the superintendent determines that the desired
condition, as defined in the EA, has deteriorated, the superintendent
may include permit conditions to protect natural and cultural resources
and, if necessary, cease issuing permits until impacts from prior uses
of horses are mitigated. The superintendent may also adopt permit
conditions to limit impacts from the use of horses on other user
experiences.
The closure area is a small 80 acre parcel encompassing the core
Dyea Historic Townsite. Alternate routes have already been designated
for commercial horse use outside the core Dyea Historic Townsite and
noncommercial horse use will continue to be unrestricted outside the
Historic Townsite.
Summary of Public Comments
The NPS published the proposed rule at 80 FR 39988 (July 13, 2015).
The NPS accepted comments through the mail, hand delivery, and through
the Federal eRulemaking Portal at http://www.regulations.gov. The
comment period was open through September 11, 2015. The NPS did not
receive any comments on the proposed rule. The NPS did not make any
substantive changes to the proposed rule, although the final rule
clarifies that the superintendent will issue permits under 36 CFR 1.6.
Compliance With Other Laws, Executive Orders, and Department Policy
Regulatory Planning and Review (Executive Order 12866)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) in the Office of Management and Budget will
review all significant rules. OIRA has determined that this rule is not
significant.
Executive Order 13563 reaffirms the principles of Executive Order
12866 while calling for improvements in the nation's regulatory system
to promote predictability, to reduce uncertainty, and to use the best,
most innovative, and least burdensome tools for achieving regulatory
ends. The executive order directs agencies to consider regulatory
approaches that reduce burdens and maintain flexibility and freedom of
choice for the public where these approaches are relevant, feasible,
and consistent with regulatory objectives. Executive Order 13563
emphasizes further that regulations must be based on the best available
science and that the rulemaking process must allow for public
participation and an open exchange of ideas. We have developed this
rule in a manner consistent with these requirements.
Regulatory Flexibility Act
This rule will not have a significant economic effect on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). This certification is based on the cost-
benefit and regulatory flexibility analyses found in the reports
entitled ``Regulatory Flexibility Threshold
[[Page 66419]]
Analysis: Special Regulations for Klondike Gold Rush National
Historical Park'' and ``Preliminary Cost/Benefit Analysis: Special
Regulations for Klondike Gold Rush National Historical Park in Alaska
which can be viewed online at http://www.nps.gov/klgo/learn/management/documents.htm.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
a. Does not have an annual effect on the economy of $100 million or
more.
b. Will not cause a major increase in costs or prices for
consumers, individual industries, federal, state, or local government
agencies, or geographic regions
c. Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S. based enterprises to compete with foreign-based enterprises.
Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local, or
tribal governments or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on State,
local or tribal governments or the private sector. A statement
containing the information required by the Unfunded Mandates Reform Act
(2 U.S.C. 1531 et seq.) is therefore not required.
Takings (Executive Order 12630)
This rule does not effect a taking of private property or otherwise
have taking implications under Executive Order 12630. A takings
implication assessment is not required.
Federalism (Executive Order 13132)
Under the criteria in section 1 of Executive Order 13132, this rule
does not have sufficient federalism implications to warrant the
preparation of a Federalism summary impact statement. The rule is
limited in effect to federal lands managed by the NPS in Alaska and
will not have a substantial direct effect on state and local government
in Alaska. A federalism summary impact statement is not required.
Civil Justice Reform (Executive Order 12988)
This rule complies with the requirements of Executive Order 12988.
Specifically, this rule:
1. Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
2. Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
Consultation With Indian tribes (E.O. 13175 and Department Policy) and
ANCSA Corporations.
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian Tribes through a
commitment to consultation with Indian tribes and recognition of their
right to self-governance and tribal sovereignty. We have evaluated this
rule under the criteria in Executive Order 13175 and under the
Department's tribal consultation policy and Alaska Native Claims
Settlement Act (ANCSA) Corporations policy and have determined that
tribal consultation is not required because the rulemaking will have no
substantial direct effect on federally recognized Indian tribes or
ANCSA Native Corporation lands, water areas, or resources.
Nevertheless, the NPS sent copies of the draft plan and letters
requesting government-to-government consultation to four nearby Native
tribal governments, one of which is the Carcross/Tagish First Nations
tribe in Carcross, Canada. Several meetings were held between 2012 and
2013 with tribal governments in Skagway and Haines to discuss key
components of the Dyea Area Plan and EA that were of interest to the
local federally recognized tribes.
Paperwork Reduction Act (44 U.S.C. 3501 et seq.)
This rule does not contain any new collections of information that
require approval by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act. OMB has approved the information collection
requirements associated with NPS Special Park Use Permits and has
assigned OMB Control Number 1024-0026 (expires 08/31/16). An agency may
not conduct or sponsor and a person is not required to respond to a
collection of information unless it displays a currently valid OMB
control number.
National Environmental Policy Act
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. A detailed statement
under the National Environmental Policy Act of 1969 is not required
because we reached a Finding of No Significant Impact. The EA and FONSI
are available online at http://www.nps.gov/klgo/learn/management/documents.htm.
Effects on the Energy Supply (Executive Order 13211)
This rule is not a significant energy action under the definition
in Executive Order 13211. A Statement of Energy Effects is not
required.
Drafting Information
The primary authors of this regulation are Jay Calhoun, Regulations
Program Specialist, National Park Service, Jenna Giddens of Kenai
Fjords National Park, Andee Sears of the Alaska Regional Office,
National Park Service, and Tim Steidel of Klondike Gold Rush National
Historical Park.
List of Subjects in 36 CFR Part 13
Alaska, National parks, Reporting and recordkeeping requirements.
In consideration of the foregoing, the National Park Service amends
36 CFR part 13 as set forth below:
PART 13--NATIONAL PARK SYSTEM UNITS IN ALASKA
0
1. The authority citation for part 13 continues to read as follows:
Authority: 16 U.S.C. 3124; 54 U.S.C. 100101, 100751, 320102;
Sec. 13.1204 also issued under Sec. 1035, Pub. L. 104-333, 110 Stat.
4240.
0
2. Add Sec. 13.1408 to subpart Q to read as follows:
Sec. 13.1408 Dyea.
The Dyea Historic Townsite is closed to the use of horses by
members of the public except by special use permit issued by the
Superintendent under Sec. 1.6 of this chapter. A map showing the
boundaries of the Dyea Historic Townsite is available on the park Web
site and at the park visitor center.
Dated: October 21, 2015.
Michael Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2015-27522 Filed 10-28-15; 8:45 am]
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