[Federal Register Volume 76, Number 176 (Monday, September 12, 2011)]
[Rules and Regulations]
[Pages 56109-56114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23243]


=======================================================================
-----------------------------------------------------------------------

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-2011-0004; 70101-1261-0000L6]
RIN 1018-AX52


Subsistence Management Regulations for Public Lands in Alaska--
Subpart B, Federal Subsistence Board

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

ACTION: Final rule.

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

SUMMARY: This final rule revises the regulations concerning the 
composition of the Federal Subsistence Board (Board). On October 23, 
2009, the Secretary of the Interior announced the initiation of a 
Departmental review of the Federal Subsistence Management Program in 
Alaska. The review focused on how the program is meeting the purposes 
and subsistence provisions of Title VIII of the Alaska National 
Interest Lands Conservation Act of 1980 (ANILCA), and how the program 
is serving rural subsistence users. The review proposed several 
administrative and regulatory changes to strengthen the program and 
make it more responsive to rural subsistence users. This rule expands 
the Federal Subsistence Board by two public members who possess 
personal knowledge of and direct experience with subsistence uses in 
rural Alaska. This action will afford additional stakeholder input to 
the process.

DATES: This rule is effective October 12, 2011.

ADDRESSES: The Board meeting transcripts are available for review at 
the Office of Subsistence Management, 1011 East Tudor Road, Mail Stop 
121, Anchorage, Alaska 99503, on http://www.regulations.gov at Docket 
No. FWS-R7-SM-2011-0004, or on the Office of Subsistence Management Web 
site (http://alaska.fws.gov/asm/index.cfml).

[[Page 56110]]


FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o 
U.S. Fish and Wildlife Service, Attention: Dr. Polly Wheeler, Office of 
Subsistence Management; (907) 786-3888 or subsistence@fws.gov. For 
questions specific to National Forest System lands, contact Steve 
Kessler, Subsistence Program Leader, USDA, Forest Service, Alaska 
Region, (907) 743-9461 or skessler@fs.fed.us.

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 final regulations were published 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 242.1-28 and 50 CFR 
100.1-28, 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 is currently made up of:
     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, U.S. National Park Service;
     The Alaska State Director, U.S. Bureau of Land Management;
     The Alaska Regional Director, U.S. Bureau of Indian 
Affairs; and
     The Alaska Regional Forester, U.S. Forest Service.
    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 
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.

Current Rule

    On October 23, 2009, Secretary of the Interior Salazar announced 
the initiation of a Departmental review of the Federal Subsistence 
Management Program in Alaska. The review focused on how the Program is 
meeting the purposes and subsistence provisions of Title VIII of the 
Alaska National Interest Lands Conservation Act of 1980 (ANILCA), and 
how the Program is serving rural subsistence users as envisioned when 
the program began in the early 1990s.
    On August 31, 2010, the Secretaries announced the findings of the 
review, which included several proposed administrative and regulatory 
changes to strengthen the Program and make it more responsive to those 
who rely on it for their subsistence uses. One proposal called for 
adding two public members representing rural Alaskan subsistence users 
to the Federal Subsistence Board, which would allow additional regional 
representation and increased stakeholder input in the decisionmaking 
process.
    The Departments published a proposed rule on February 11, 2011 (76 
FR 7758), to amend the regulations in subpart B of 36 CFR part 242 and 
50 CFR part 100, ``Federal Subsistence Board.'' The proposed rule 
opened a comment period, which closed on April 12, 2011. The 
Departments advertised the proposed rule by mail, radio, and newspaper. 
During the meeting period for the Federal Subsistence Regional Advisory 
Councils as published in the proposed rule, the Councils met and, in 
addition to other Council business, formulated recommendations to the 
Board on the proposed rule and received comments and suggestions from 
the public and Alaska Native organizations. The Board met on May 3, 
2011, to receive additional comments and to discuss recommendations to 
the Secretaries on the proposed rule. The Board received a total of 6 
comments from the public, 7 from Alaska Native organizations, 2 from 
subsistence resource commissions, 3 from State advisory committees, and 
10 from Federal Subsistence Regional Advisory Councils. All comments 
were posted at http://www.regulations.gov at Docket No. FWS-R7-SM-2011-
0004.
    The Councils had a substantial role in reviewing the proposed rule 
and making recommendations for the final rule. Moreover, a Council 
Chair, or a designated representative, presented each Council's 
recommendations at the Board meeting of May 3, 2011. These final 
regulations reflect Board review and consideration of Council 
recommendations and public and Alaska Native organizations' comments. 
The public received extensive opportunity to review and comment on all 
proposed changes. Conforming regulatory changes are also made to 
clarify the designation of alternates for Board members representing 
Federal agencies and to increase the size of a quorum.

Summary of Comments and Board Recommendation to the Secretaries

    The Board received a total of 28 public comments. All but two 
supported the addition of two members to the Board. One comment was 
neutral, and another opposed the proposed rule. Both of these comments 
recommended that the Board membership be changed to be comprised solely 
of members of the public or Alaska Natives with no Federal agency 
representation.
    All 10 Federal Subsistence Regional Advisory Councils supported the 
proposed rule. While the majority of comments supported the proposed 
rule, a majority also recommended that the proposed language be changed 
from ``* * * two public members representing rural Alaskan subsistence 
users * * *'' to ``* * * two public members who are rural Alaskan 
subsistence users * * *''.
    After careful review of all public, Tribal, and Native Corporation 
comments and consideration of the Councils' recommendations, the Board 
recommended the above language to the Secretaries. The Board's 
justification for this recommended modification to the language in the 
proposed rule was:
     To truly represent subsistence users, public members need 
to be actively participating in the subsistence way of life;
     With the exception of the Chair, active subsistence users 
are not represented on this Board, but their knowledge and current 
hunting, fishing, and gathering experience would clearly benefit this 
Board; and

[[Page 56111]]

     This recommendation would demonstrate a genuine commitment 
to listening to what the Board heard through the public comment process 
on the proposed rule.
    In addition to recommendations and comments on the proposed 
regulatory language, the Councils' and public comments recommended 
several selection criteria for new public Board members. While these 
criteria was not addressed in the proposed rule, the Board consolidated 
these recommendations and forwarded them to the Secretaries.
    On July 25, 2011, Secretary of the Interior Salazar, with 
concurrence of Secretary of Agriculture Vilsack, notified the Federal 
Subsistence Board that they approved the addition of two public members 
to the Board with the following language, `` * * * two public members 
who possess personal knowledge of and direct experience with 
subsistence uses in rural Alaska * * * ''. The approved language, while 
differing slightly from the Board's recommendation, captures the intent 
of the Board and recommendations made by the Councils, and the majority 
of comments from Alaska Native organizations and members of the public. 
The Secretaries responded positively to the recommended selection 
criteria for public members to the Board.

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) and 
the relationship required by statute for consultation and coordination 
with Alaska Native corporations. 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.''
    Title VIII of the Alaska National Interest Lands Conservation Act 
does not provide rights to Tribes for the subsistence taking of 
wildlife, fish, and shellfish. However, because Tribal members are 
affected by subsistence regulations, the Secretaries, through the 
Board, have provided Federally recognized Tribes and Alaska Native 
corporations an opportunity to consult on this rule.
    The Board engaged in outreach efforts for this rule, including a 
notification letter, to ensure that Tribes and Alaska Native 
corporations were advised of the mechanisms by which they could 
participate. The Board provided 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, e-mail, or phone at any time during the rulemaking process. The 
Board is committed to efficiently and adequately providing 
opportunities to Tribes and Alaska Native corporations for consultation 
with regard to subsistence rulemaking.
    The Board considered Tribes' and Alaska Native corporations' 
information, input, and recommendations, and addressed their concerns 
as much as practicable. A total of seven Alaska Native organizations 
provided comments and recommendations on this rule.

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, and receiving public comment on the proposed regulatory 
change through http://www.regulations.gov. There were also 
opportunities for participation during multiple Regional Council 
meetings at which Council recommendations were made in consideration of 
public comments received and opportunity for additional public comment 
during the Board meeting prior to deliberation and forming a 
recommendation to the Secretaries. Therefore, the Board believes that 
sufficient public notice and opportunity for involvement have been 
given to affected persons regarding the Board's recommendation and the 
Secretaries' decision.

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. Based on the public comments received, the analysis contained in 
the FEIS, and the recommendations of the Federal Subsistence Board and 
the Department of the Interior's Subsistence Policy Group, the 
Secretary of the Interior, with the concurrence of the Secretary of 
Agriculture, through the U.S. Department of Agriculture-Forest Service, 
selected Alternative IV as identified in the DEIS and FEIS. 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. Several alternatives were 
considered for the composition of the Board including all Federal 
agency heads and all public members representing subsistence users. 
This regulation adding two additional public members to the Board falls 
within the scope of alternatives. For this reason, the impacts 
described in the FEIS and ROD are deemed sufficient for this regulation 
and require no further analysis.
    Even in the absence of the consideration of alternatives in the 
existing programmatic FEIS and ROD, no further NEPA analysis would be 
required in this instance. There are two reasons for this. The first is 
that this action is merely administrative in nature and has no 
environmental impact. The second is that activities of this nature are 
categorically excluded from the requirements of NEPA under both 
Department of the Interior (DOI) regulations and Department of 
Agriculture (USDA) regulations. Specifically, DOI regulations at 43 CFR 
46.210 set forth categorical exclusions for both internal 
organizational changes and the adoption of regulations that are of an 
administrative nature. Similarly, USDA regulations at 7 CFR 1b.3(a) 
provide a categorical exclusion for routine activities such as 
personnel and organizational changes, and similar administrative 
functions.
    The final rule for subsistence management regulations for public 
lands in Alaska, subparts A, B, and C, implemented the Federal 
Subsistence Management Program and included a framework for a 
regulatory cycle for the subsistence taking of wildlife and fish. The 
following Federal Register documents pertain to this rulemaking:

[[Page 56112]]



 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 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
                                                                                      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.
----------------------------------------------------------------------------------------------------------------

    An environmental assessment was prepared in 1997 on the expansion 
of Federal jurisdiction over fisheries and is available from the office 
listed under FOR FURTHER INFORMATION CONTACT. The Secretary of the 
Interior with the concurrence of the Secretary of Agriculture 
determined that the expansion of Federal jurisdiction did 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 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 Sec.  810. That evaluation 
also supported the Secretaries' determination that the rule

[[Page 56113]]

will not reach the ``may significantly restrict'' threshold that would 
require notice and hearings under ANILCA Sec.  810(a).

Paperwork Reduction Act

    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 following collections of 
information associated with the subsistence regulations at 36 CFR part 
242 and 50 CFR part 100: Subsistence hunting and fishing applications, 
permits, and reports, Federal Subsistence Regional Advisory Council 
Membership Application/Nomination and Interview Forms (OMB Control No. 
1018-0075 expires January 31, 2013).

Regulatory Planning and Review (Executive Order 12866)

    The Office of Management and Budget (OMB) has determined that this 
rule is not significant and has not reviewed this rule under Executive 
Order 12866. OMB bases its determination upon the following four 
criteria:
    (a) Whether the rule will have an annual effect of $100 million or 
more on the economy or adversely affect an economic sector, 
productivity, jobs, the environment, or other units of the government.
    (b) Whether the rule will create inconsistencies with other 
agencies' actions.
    (c) Whether the rule will materially affect entitlements, grants, 
user fees, loan programs, or the rights and obligations of their 
recipients.
    (d) Whether the rule raises novel legal or policy issues.

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 
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 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 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 does not 
provide rights to Tribes for the subsistence taking of wildlife, fish, 
and shellfish. However, the Board provided Federally recognized Tribes 
and Alaska Native Corporations an opportunity to consult on this rule. 
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 Secretaries, through the Board, provided a variety of 
opportunities for Tribal 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, e-mail, or phone at any time during this 
rulemaking process.

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 
Dr. Polly Wheeler 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;
     Sandy Rabinowitch and Nancy Swanton, Alaska Regional 
Office, National Park Service;
     Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian 
Affairs;
     Jerry Berg, Alaska Regional Office, U.S. Fish and Wildlife 
Service; and
     Steve Kessler, Alaska Regional Office, U.S. 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.

[[Page 56114]]

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 B--Program Structure

0
2. Amend Sec.  ----.10 by revising paragraphs (b)(1) and (d)(2) to read 
as follows:


Sec.  ----.10  Federal Subsistence Board.

* * * * *
    (b) * * *
    (1) The voting members of the Board are: A Chair to be appointed by 
the Secretary of the Interior with the concurrence of the Secretary of 
Agriculture; two public members who possess personal knowledge of and 
direct experience with subsistence uses in rural Alaska to be appointed 
by the Secretary of the Interior with the concurrence of the Secretary 
of Agriculture; the Alaska Regional Director, U.S. Fish and Wildlife 
Service; Alaska Regional Director, National Park Service; Alaska 
Regional Forester, U.S. Forest Service; the Alaska State Director, 
Bureau of Land Management; and the Alaska Regional Director, Bureau of 
Indian Affairs. Each Federal agency member of the Board may appoint a 
designee.
* * * * *
    (d) * * *
    (2) A quorum consists of five members.
* * * * *

    Dated: August 31, 2011.
Ken Salazar,
Secretary of the Interior, Department of the Interior.
    Dated: August 16, 2011.
Beth G. Pendleton,
Regional Forester, USDA--Forest Service.
[FR Doc. 2011-23243 Filed 9-9-11; 8:45 am]
BILLING CODE 4310-55-P; 3410-11-P