[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]



National Park Service

36 CFR Part 13

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.


[[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].


Background and Significance of Klondike Gold Rush National Historical 

    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 

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 
    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 
    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 
    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 

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 

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:


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. 

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]