National Park System Units in Alaska; Denali National Park and
Preserve, Special Regulations
[Federal Register: November 12, 1999 (Volume 64, Number 218)]
[Proposed Rules]
[Page 61563-61572]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12no99-35]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Parts 5 and 13
RIN 1024-AC58
National Park System Units in Alaska; Denali National Park and
Preserve, Special Regulations
AGENCY: National Park Service, Interior.
ACTION: Proposed rule.
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SUMMARY: For National Park System units in Alaska, the proposed rule
would establish a definition for ``traditional activities'' as the term
is used in Alaska National Interest Lands Conservation Act (ANILCA) and
in the regulations of the Office of the Secretary of the Interior. The
rule would close the area within Denali National Park that was formerly
Mount McKinley National Park to the use of snowmachines (snowmobiles)
for traditional activities. The rule would also consolidate, expand and
codify certain designations, closures, and permit requirements for
Denali National Park and Preserve. This proposal includes requirements
for vehicular traffic, vehicle use limits, public health and safety,
and resource protection postings and closures. It also replaces the
out-of-date references to ``Mount McKinley National Park'' with the
Alaska National Interest Lands Conservation Act name ``Denali National
Park and Preserve.'' The National Park Service (NPS) will hold hearings
in the vicinity of the Park concerning the proposed closure to
snowmachines and the other portions of this proposed rule. NPS will
analyze all timely comments, modify the Rule as needed and publish a
Final Rule in early 2000.
DATES: Written comments will be accepted through January 11, 2000.
Commenters are advised that the Department of the Interior intends to
make the names and addresses of commenters public, but that commenters
may request that this information not be released and the Department
will then determine whether the information may be withheld under the
Freedom of Information Act (5 U.S.C. 552).
ADDRESSES: Address comments to: Superintendent, Denali National Park
and Preserve, PO Box 9, Denali National Park, AK 99755. Attention: Ken
Kehrer, Jr.
FOR FURTHER INFORMATION CONTACT: Ken Kehrer, Jr. at the above address
or by calling 907-683-2294.
SUPPLEMENTARY INFORMATION:
Background
Denali National Park and Preserve is a vast area that provides
visitors of all abilities with opportunities for superlative,
inspirational, recreational, wilderness, and wildlife experiences in
keeping with its legislative mandates. Over the long term, preserving
the wilderness, and its continually evolving natural processes, is
essential to ensuring opportunities for outstanding resource-based
visitor experiences.
In the NPS Organic Act of 1916, Congress directed the Secretary of
the Interior and the NPS to manage national parks and monuments to
``conserve the scenery and the natural and historic objects and the
wild life therein and to provide for the enjoyment of the same in such
manner and by such means as will leave them unimpaired for the
enjoyment of future generations.'' 16 U.S.C. 1. The Organic Act also
granted the Secretary the authority to implement ``rules and
regulations as he may deem necessary or proper for the use and
management of the parks, monuments and reservations under the
jurisdiction of the National Park Service.'' 16 U.S.C. 3. In 1917,
Congress established Mount McKinley National Park to ``set apart as a
public park for the benefit and enjoyment of the people * * * for
recreation purposes by the public and for the preservation of animals,
birds, and fish and for the preservation of the natural curiosities and
scenic beauties thereof * * * said park shall be, and is hereby
established as a game refuge'' (39 Stat. 938).
In 1980, Congress passed the Alaska National Interest Lands
Conservation Act (ANILCA), which enlarged Mt. McKinley National Park
and renamed it Denali National Park and Preserve. P.L. 96-487, Dec. 2,
1980, 94 Stat. 2371. Consistent with the 1917 Act that created the
park, ANILCA recognized the importance of protecting habitat for, and
populations of, fish and wildlife. The legislative history of ANILCA
states that certain NPS units in Alaska,
[[Page 61564]]
including ``Mount McKinley [National Park] * * * are intended to be
large sanctuaries where fish and wildlife may roam freely, developing
their social structures and evolving over long periods of time as
nearly as possible without the changes that extensive human activities
would cause.'' Sen. Rep. No. 96-413, 96th Cong., 1st Sess. 137 (1979);
and, Cong. Rec. H10532 (Nov. 12, 1980). The heart of the new Park and
Preserve lies on the lands that once comprised Mount McKinley National
Park, where predator-prey relationships have functioned for many
decades without significant human interference. This ``core'' area of
Denali National Park (also known as the Old Park) has historically been
the only place in the interior and northern parts of Alaska where
wildlife protection has been ensured through minimal disturbance to
wildlife and habitat. This core area's dedication to wildlife
protection is essential to the wilderness wildlife experience of over
300,000 visitors who travel into the park each season.
Limiting motor vehicle use on the Denali Park Road, and prohibiting
snowmachine use in the adjacent Denali wilderness, have been essential
factors in maintaining the natural systems in the park interior and in
providing continued outstanding visitor experiences. The overall
visitor experience depends in large part on seeing the spectacular
variety of wildlife along the park road and the opportunity to observe
natural predator-prey interactions. Vehicle use above certain levels
displaces the wildlife that can be seen from the road and otherwise
disrupts the park's ecosystems and is therefore detrimental to the
resources, values and purposes for which the park was established.
Because the core area of the park was established in 1917, over 63
years before ANILCA, park guidelines and patterns of use and
administration for the core area have developed over time and in ways
uniquely suited to the local conditions and needs. With the passage of
ANILCA and improved highway access to the park, it has become necessary
to consolidate many of these requirements and practices in the park
specific regulations.
Section-by-Section Analysis
36 CFR 5.2(b), 5.4(a) and 5.10(a)
NPS proposes updates to these sections to reflect the name change
to the park that occurred on December 2, 1980. With the adoption of
ANILCA, the name of the park was changed from Mount McKinley National
Park to Denali National Park and Preserve (P.L. 96-487 Sec. 202(3)(a),
Dec. 2, 1980). The proposed revisions here would delete references to
the former name and substitute the new name. In section 5.4(a) the
reference to ``McKinley Park Hotel'' in the existing regulations would
be replaced with ``Denali Park Railroad Depot.'' This change reflects
the fact that the 1996 Final Denali Entrance Area and Road Corridor
Development Concept Plan Environmental Impact Statement (1996 Final
Entrance and Road Plan), which was approved in a 1997 Record of
Decision, adopted September 2001 as the closing date for the hotel. The
railroad depot, which is just across the road, would be substituted for
the hotel because the depot will remain open. No change is proposed for
the regulatory content of the other sections.
36 CFR 13.1(u)
NPS proposes to define ``traditional activities'' as the term is
used in Section 1110(a) and 43 CFR 36.11 for National Park System units
in Alaska. This proposal is discussed as part of the snowmachine
discussion, below.
36 CFR 13.2(c)
The purpose of this section is to indicate those parks statutorily
excepted from applicability of subsistence regulations found in Part
13, subpart B. In the case of Denali, only part of the park was
statutorily excepted (i.e., that ``core'' part formerly known as Mount
McKinley National Park). NPS proposes to revise this regulation to use
that terminology to clarify the meaning of the current Sec. 13.2(c)
phrase ``. . . and parts of Denali National Park.'' The proposed change
more clearly specifies the intended area and does not change the
regulatory application of the section.
36 CFR 13.63(d) Denali Park Road: Motor Vehicle Traffic
NPS proposes this new special regulation to consolidate existing
motor vehicle rules and restrictions currently compiled separately by
the Superintendent in accordance with 36 CFR 1.7(b). Because a portion
of the motor vehicle traffic on the Denali Park road is destined for
commercial lodges and other private inholdings in Kantishna at the
western end of the road, the proposed regulation includes consideration
of the requirements of ANILCA Sec. 1110(b). ANILCA Sec. 1110(b) directs
NPS to give inholders such rights as may be necessary to ensure
adequate and feasible access to their land for economic and other
purposes, subject to reasonable regulations that protect the natural
and other values of the conservation system unit. Therefore, this
section would be implemented in consideration of the requirements of 43
CFR 36.10 (Access to inholdings).
Before the completion of the George Parks Highway in 1972, annual
visitation to Mt. McKinley National Park did not exceed 30,000
visitors, with a majority of those arriving by railroad. Significant
increases in visitation began in 1972, and the resulting demands of
private motor vehicle traffic for use of the road into the park was
greater than could be accommodated without disturbing and displacing
wildlife that could be seen from the road. In 1997, visitors to Denali
National Park exceeded 300,000, a tenfold increase from 1972.
The primary visitor attraction at the park is the unparalleled
array of Alaska wildlife regularly seen from the Denali Park Road and
the opportunity to see natural predator-prey interactions. In 1972, to
ensure that the increasing number of visitors would continue to see
grizzly bears, caribou, moose, Dall sheep, the occasional wolf, as well
as other species of Alaska wildlife in their natural habitat, NPS
developed a shuttle bus system that replaced most of the private
vehicular traffic with buses each capable of transporting more than 36
passengers. Concurrently, general private vehicular traffic was limited
to the improved, easternmost 15 miles of the 88-mile park road. This
action allowed an increase in the number of visitors who could travel
the road without unduly impacting the wildlife viewing experience.
The other option that NPS considered in 1972--adding additional
private vehicular traffic to the road--proved untenable for a number of
reasons. NPS determined that the increase in activities associated with
additional private vehicle use caused the greatest disturbance to
wildlife given that such vehicles could stop at will to allow
passengers to approach wildlife on foot. As a previous rulemaking
noted, when an unchecked flow of traffic was allowed to use the Denali
Park road for a few weeks each fall and spring, park resource managers
observed that wildlife abandoned the road corridor after three or four
days, depriving visitors of the opportunity to watch and photograph
them (48 FR 14978). Although bus passengers may choose to be dropped
off at any safe point along the road, when wildlife is near, passenger
discharge is controlled to avoid conflicts with, and displacement of,
wildlife. Accordingly, opportunities for viewing and photographing
wildlife abound while the bus is stopped for those purposes.
[[Page 61565]]
In 1986, a General Management Plan (GMP) for Denali National Park
and Preserve was developed through public hearings and other public
input. The GMP authorized a motor vehicle use level of 10,512 vehicle
round trips on the unimproved portion of the Denali Park road during
the visitor season, which runs annually from Memorial Day weekend
through mid-September. The 10,512 vehicle level was established by
using 1984 use levels as a base and allowing a maximum 20 percent
increase in shuttle and tour bus traffic. This increase in bus traffic
was offset by reductions of non-bus traffic and by consideration of
such factors as road wear and maintenance, natural resource protection
(including maintaining the opportunity for unparalleled wildlife
watching), environmental impacts and traffic safety.
Shuttle and tour buses have been operating at, or near, their GMP-
established level for several years. Additionally, since the mid-1980s,
three new businesses have opened at the west end of the park road on
private land in Kantishna. The park has permitted motor vehicle access
to these businesses for their guests, a trend that is likely to
continue. Also, individual inholders will continue to be able to obtain
road access permits to use their private vehicles on the unimproved,
restricted access section of the Denali Park road to regularly access
their property.
The 1996 Final Entrance and Road Plan called for retaining the
annual season motor vehicle traffic level (10,512) as established in
the 1986 GMP. Public comment on the Draft Entrance Area and Road
Corridor Development Concept Plan (Draft Plan) during summer 1996,
including public hearings at several different locations in Alaska and
a 60-day comment period, indicated widespread support for retaining the
GMP level. NPS received 262 written comments and heard testimony from
40 people; no comments were received opposing the overall level of
10,512 motor vehicle permits although there were numerous comments that
supported more restrictive regulation of vehicle traffic than was
adopted in the final plan. In the proposed regulations, the NPS would
codify the annual visitor season traffic level of 10,512 motor vehicle
permits. The Denali Entrance Area and Road Corridor Development Concept
Plan was designed to be applicable for 10-15 years. NPS intends to
reevaluate the road use levels established by this rule in 10 years or
sooner if significant change in circumstances should occur.
Traffic safety is also a significant factor for limiting use to the
GMP allocation. Studies of visitor satisfaction, and both formal and
informal visitor comments, consistently support the NPS decision to
maintain most of the Denali Park Road in its rustic, unimproved
condition. The character of the park road and its relationship with the
landscape through which it passes are integral to the visitor
experience at Denali. Consequently, 72 miles of the road are graded
gravel, much of which varies between one and one-and-one-half lanes
wide. As the road traverses scenic mountain passes between broad river
valleys, it often dips and climbs and winds as it clings precipitously
to the mountains' supporting contours. The road, which was originally
designed for 1930s era vehicles and levels of use, must now accommodate
1999 traffic levels--a mix of large tour and shuttle buses, private
vehicles for inholder access, park administrative and maintenance
traffic, and service vehicles traveling to Kantishna lodges.
NPS concern over traffic safety is also based on bus accidents that
occurred in 1969, 1974, 1981 and 1989, and resulted in six fatalities
and serious injuries to park visitors. The historic character of the
road warrants special attention to safety procedures for its use. Known
locally as the ``rules of the road,'' practices such as driving with
lights on and specific procedures for yielding to buses have developed
through time and are practiced by many, although not all, drivers on
the unimproved, restricted access section of the road. Permitted users,
such as those traveling to inholdings, are advised of these rules, and
the rules are mandatory for NPS staff. However, to avoid unanticipated
actions by vehicle operators, mandatory observance of ``the rules'' is
necessary, particularly for NPS to use large, 52 passenger buses to
accommodate more visitors. To ensure a safe, enjoyable experience for
all visitors, interactions between vehicles must be managed in the
safest possible manner and all drivers must participate. To date, and
when properly observed, these safety procedures have been effective in
minimizing traffic problems and accidents. This rulemaking provides
that ``rules of the road'' will apply, as a term and condition of a
permit to operate a vehicle on the restricted access section of the
Denali Park Road.
To manage the annual traffic level of motor vehicle permits set by
the GMP and the 1996 Final Entrance and Road Plan, NPS would limit
motor vehicles in the various authorized user categories as proposed
in, and adopted by, the 1996 planning process. Recognizing that ANILCA
Sec. 1110(b) provides inholders with access as may be necessary to
assure adequate and feasible use for economic and other purposes, the
1996 plan addresses both the commercial and private uses of inholders.
Through careful analysis and negotiation, the park superintendent will
continue to balance: the number of bus trips provided for visitors;
access by inholders; the level and duration of permits, and; the
administrative requirements of the agency. Accordingly, this rulemaking
proposes to explicitly provide the superintendent with the regulatory
authority to annually evaluate anticipated-use requirements and to
reasonably apportion motor vehicle permits for the restricted access
section of the road among authorized users.
A system for allocating permits among the various authorized users
was proposed as part of the 1996 Draft Plan. NPS received a few
comments that raised questions about the distribution of vehicle
permits among Kantishna lodges. The 1996 Final Entrance and Road Plan
included a method of allocating motor vehicle permits for Kantishna
business traffic that was developed in cooperation with existing
Kantishna businesses, according to their established business
practices, within the road traffic limits of the 1986 GMP. Specific
allocations for Kantishna motor vehicle traffic will help ensure long-
term protection of the current visitor experience and of wildlife
populations along the road corridor. Kantishna businesses will be able
to continue using both the Kantishna airstrip and the NPS visitor
transportation system buses for guest access, as well as operate buses
and other vehicles on the park road as allocated below.
Overall allocations for Kantishna motor vehicle business traffic
will be based on recent use levels (1994-96 seasons). The allocation
will allow for some additional expansion provided that the businesses
continue current patterns of transporting guests to and from Kantishna.
The allocations established by the 1996 Final Entrance and Road Plan
for the total number of round trips during the visitor season for the
existing business are:
Denali Backcountry Lodge: 315.
Kantishna Roadhouse: 420.
Northface Lodge/Camp Denali: 315.
As previously expressed in the 1996 Final Entrance and Road Plan,
Proposed Section 13.63(d)(4) would not permit recreational vehicle (RV)
travel (motor homes, trailers, and campers) for the purpose of
transporting guests to and from Kantishna businesses is not
[[Page 61566]]
permitted. Motor vehicle permits will not be transferable from one
business operation to another. Additionally, when a business is sold to
a different entity, NPS will re-evaluate the access requirements of the
new entity. If a business ceases to operate, or changes dramatically,
the superintendent, through appropriate planning, would be able to re-
allocate use among all users.
Motor vehicle permits for present and future Kantishna businesses
would be subject to reallocation in accordance with proposed section
13.63(d)(2) within the annual limit of 10,512 permits. However,
Kantishna businesses would be encouraged to use a combination of park
road permit allocations, the existing NPS visitor transportation system
buses and the Kantishna airstrip, to accommodate increased guest
access. Kantishna businesses could also work to provide for shared
vehicle access (for example, for supply vehicles) to minimize the
effects on other travel requirements.
A total of 1,360 vehicle round trips for Kantishna inholders would
be authorized, comprising 13 percent of all annual traffic. This total
includes other Kantishna traffic (individual inholders, mining claim
owners, and others), which generally has averaged less than 100 round
trips per year, and should decline as mining claims are acquired by the
Federal Government.
NPS intends to reserve a small number of motor vehicle trips to
cover emergency vehicles. In the unlikely event that the number of
emergency vehicle trips exceeds this level, emergency use can still be
authorized under the general administrative exception at 36 CFR 1.2(d).
NPS believes that adoption of these regulatory measures would
implement the GMP and the 1996 Final Entrance and Road Plan to:
maintain the appropriate level of safety on the Denali Park road; meet
the present and future requirements of authorized users; ensure NPS
facilities are sufficient to accommodate projected visitation levels;
minimize impacts on the resources and support a quality visitor
experience. NPS believes that adopting this rule would achieve these
goals without unduly disturbing the cornerstone of the park's
existence--the superlative and unparalleled array of wildlife that is
viewed by the public from the Denali Park road.
36 CFR 13.63(g) Firearms
The provisions of ANILCA Title VIII govern subsistence management
and use. Section 814 directs the Secretary to prescribe such
regulations as are necessary and appropriate to carry out his
responsibilities under Title VIII. Section 816 recognizes the
Secretary's general authority to designate areas where, and establish
periods when, the taking of wildlife is prohibited for reasons of
public safety. The proposed rule would establish a seasonal closure to
the discharge of firearms on public lands in the developed area of
Kantishna, except for the protection of life or property. The closure
would apply on: the Kantishna Airstrip; the approximately 4.5 mile-long
State Omnibus Act Road right-of-way, and; and all public lands located
within one mile of the Kantishna Airstrip or the State Omnibus Act Road
right-of-way (within the park addition at Kantishna).
During the applicable seasons, eligible subsistence users in the
Kantishna area may hunt black bear, brown bear, moose, coyote, red fox,
hare, lynx, wolf, wolverine, grouse and ptarmigan, and may trap beaver,
coyote, red fox, lynx, marten, mink, weasel, muskrat, otter, wolf and
wolverine. The closure would be effective seasonally beginning the
Saturday of Memorial Day weekend through the second Thursday following
Labor Day or September 15, whichever comes first. This period is the
time of heaviest overlap between subsistence hunting and other seasonal
visitor activities. The intent of the proposal is to protect public
safety while accommodating the various public user groups to the
fullest extent possible. The purpose of the closure is to reduce the
level of risk of firearm-related injury inherent in heavy use areas
without otherwise affecting authorized subsistence uses. The
restriction would not apply on private inholdings. This proposal
follows consultation with the State of Alaska. NPS invites written
comments on this proposal as a part of this rulemaking. NPS will also
accept comments during public hearings on the proposed rule.
36 CFR 13.63(h) Snowmachines (Snowmobiles)
The purpose of the proposed rule is to modify and make permanent
the current snowmobile closure for traditional activities in the former
Mount McKinley National Park. The closure does not affect the park's
four-million-acre ANILCA additions where snowmobile use is permitted
for traditional activities and for travel to and from villages and
homesites, subject to reasonable regulations (43 CFR 36.11(c)). The
proposed rule also requires the superintendent to determine that
snowcover is adequate for snowmachines in order to protect the
underlying vegetation and soils. This determination is necessary to
prevent damage to exposed vegetation, as observed by park rangers and
resource management staff during the past winter. This process is
similar to a provision at the Kenai National Wildlife Refuge (50 CFR
36.39(i)(4)(i)) which NPS understands has worked well since it was
adopted in 1986. (see also, Denali State Park, 11 AAC Sec. 20.425).
The proposed rule follows NPS's February 3, 1999, publication of a
Statement of Finding: Temporary Closure of the Former Mt. McKinley
National Park Area of Denali National Park and Preserve to the Use of
Snowmobiles for Traditional Activities (Statement of Finding). The NPS
notes that this Temporary Closure is currently under litigation in
Alaska (see Alaska State Snowmobile Assoc. v. Babbitt, U.S.D.C. Alaska,
No. A99-0059 CV [JWS]). A copy of the Statement of Finding and maps of
the affected area can be obtained by visiting the park's web site at
www.nps.gov/dena/statement.htm or by writing or calling the
Superintendent at the address or number printed at the beginning of
this proposed rule.
NPS will also hold a series of public hearings in compliance with
43 CFR 36.11(h), as a part of this rulemaking, to continue gathering
public comment on snowmobile use in the Old Park. NPS will announce the
locations, dates, and times of the public hearings by publication in
local area newspapers.
ANILCA Sec. 1110(a) and 43 CFR 36.11 govern the use of snowmachines
(snowmobiles) on public lands in Alaska for traditional activities and
for travel to and from villages and homesites. Snowmobile use for these
purposes is permitted (during periods of adequate snow cover), subject
to reasonable regulations to protect the natural and other values of,
in this case, Denali National Park and Preserve. Section 1110(a), as
enacted, was derived from a provision originally reported by the Senate
(S. Rep. No. 413, 96th Cong. 1st Sess. 66-67 (1979)). Section 1110(a)
was drafted to address concerns that the subsistence access provisions
under consideration did not protect similar access for non-qualifying
people who engaged in subsistence-like activities (hunting, fishing,
berry picking and trapping) as part of the unique Alaska lifestyle.
Senate Committee On Energy and Natural Resources, Alaska (d)(2) Lands--
Mark Up, August 1, 1978, pgs. 50-75. The Senate Committee Report and
the House Report (Committee on Interior and Insular Affairs) list
several examples of traditional activities: subsistence and sport
hunting, fishing, and berry picking, provided that the activity was
generally occurring before
[[Page 61567]]
the area's designation in ANILCA. S. Rep. No. 413, 96th Cong., 1st
Sess. pp. 247-248 (1979); H.R. Rep. No. 96-97, 96th Cong., 1st Sess.
Pt. I at 238 (1979).
The NPS Organic Act of 1916 directs NPS to manage the national
parks to conserve their scenery, natural and historic objects and
wildlife, and to provide for public enjoyment in a manner and means
that leave the parks unimpaired for the enjoyment of future generations
(16 U.S.C. 1). Mount McKinley National Park (Old Park) was established,
in part, as a game refuge (16 U.S.C. 352). Since 1917, activities in
the Old Park have been compatible with the protection of the park's
values and purposes. The legislative history of ANILCA recognized that
the Old Park would continue to function as a ``large sanctuar[y] where
fish and wildlife may roam freely, developing their social structures
and evolving over long periods of time as nearly as possible without
the changes that extensive human activities would cause.'' Sen. Rep.
No. 96-413, 96th Cong., 1st Sess. 137 (1979); Cong. Rec. S11126 (August
18, 1980), and; Cong. Rec. H10532 (Nov. 12, 1980).
As such, the Old Park remains ``off-limits'' to such traditional
Alaska activities as sport and subsistence hunting. Other subsistence
activities have never been authorized and no winter fishing or
wintertime berry picking took place. Accordingly NPS does not believe
that any discernible traditional activities, supported by snowmobiles,
lawfully occurred in the Old Park before the enactment of ANILCA.
Nor was there snowmobile travel to and from villages or homesites.
There are no inholdings in the Old park, and in the past 19 years
(i.e., since the enactment of ANILCA), NPS is only aware of one attempt
to cross the Old Park by snowmobile to reach a homesite to the west of
the Old Park. That 1981 attempt ended in an accident. All homesites and
villages outside the boundary of the Old Park (including Kantishna)
have reasonable alternate routes for snowmobile access (including
routes through other portions of the park) that have been regularly
used for such access.
The Old Park was closed to snowmobile use prior to ANILCA (see 36
CFR 2.34 Snowmobiles and Sec. 7.44 Mount McKinley National Park, Alaska
(1980 ed.)). After ANILCA, the Old Park remained closed by 36 CFR 2.18
and orders published in the Denali National Park and Preserve
Superintendent's Compendium. NPS has consistently managed the two-
million-acre Old Park for nonmotorized winter recreation in a way that
allows visitors to experience solitude and natural sounds, such as dog
mushing, snowshoeing, and cross-country skiing. As far back as 1981, in
the implementing regulations to ANILCA, NPS cautioned ``[p]rospective
snowmachine users [to] note that the legislative history of section
1110(a) defines a traditional activity in terms of a use generally
occurring in a park area prior to its designation.'' 46 FR 3184, June
17, 1981.
Since NPS had never promulgated a regulatory definition for
``traditional activities,'' however, the State of Alaska and other
interested groups and individuals questioned whether NPS's compendium
closure was legally sufficient. A newsletter article was published last
year urging recreational snowmobilers to travel throughout the Old
Park. Alaska Snow Rider (October 1998), Volume 9, Issue 6. In response,
NPS published the Statement of Finding on February 3, 1999, as a
temporary closure in compliance with the requirements of ANILCA section
1110(a) and the implementing regulations at 43 CFR 36.11(h). Following
notice and public hearings, NPS determined that snowmobile use for
traditional activities would be detrimental to the resource values of
the Old Park portion of Denali National Park and Preserve and that it
was necessary and appropriate to close most of that area to the use of
snowmobiles for traditional activities.
Snowmobile use in, and near, the Old Park area began to increase in
the early 1990s. The increased use occurred simultaneously with an
increase in snowmobile sales and use throughout Alaska. In addition to
increased snowmobile activity, the character and pattern of use also
changed. Snowmobile manufacturers began producing more reliable, higher
performance vehicles that could access steep terrain and travel greater
distances (see The mountain was screaming, Anchorage Daily News, March
28, 1999). Snowmobiling changed from a utilitarian form of access for
the traditional activities discussed in ANILCA, such as hunting, into a
new and popular recreational activity in and of itself. Since NPS had
not defined the term ``traditional activity,'' recreational
snowmobilers began using the ANILCA additions to Denali National Park
near the George Parks Highway. Technological advances have enabled
snowmobilers to reach, and lately, enter some corridors in the Old Park
in a limited number of drainages on the south side of the Alaska Range.
This has caused NPS tremendous concern that the resources of the Old
Park would be detrimentally affected by snowmobiles. These concerns
have prompted NPS to analyze the effects that section 1110(a)
snowmobile use would have on the resources of the Old Park, and
explicitly close the Old Park to such use.
The Statement of Finding, published on February 3, 1999, analyzed
and discussed a number of key issues, including: The detrimental
effects that snowmobiles would have on wildlife, vegetation, and soils;
the conflicts that snowmobiles create with resource values and
historically-occuring recreational uses; the interference snowmobiles
can present to subsistence opportunities on nearby lands; and,
additional concerns such as the impact snowmobiles have on air and
water quality. As discussed in the Statement of Finding, the Old Park
contains important wintering ground and spring calving areas for
ungulates and also serves as denning habitat for wolves and bears. One
of the primary purposes for establishing Denali National Park and
Preserve was to provide protection for wildlife and wildlife habitat.
Since its establishment in 1917, the Old Park has been protected and
is, in fact, the only place in the Interior and northern parts of
Alaska where wildlife has been protected through minimal disturbance of
natural wildlife conditions. Thus, a very special natural system has
developed where predator-prey relationships have functioned without
significant human interference. The unparalleled array of Alaska
wildlife regularly seen from the Denali Park Road and the opportunity
to see natural predator-prey interactions is the primary visitor
attraction at the park. The key factors in the development of this
balance were the policies of restricting the use of private vehicles on
the park road during the summer months and prohibiting snowmobile use
in the winter. The Statement of Finding (pages 9-13) cites observations
of, and studies on, wildlife, including moose and caribou, which
indicate that snowmobile activity alters the behavior of a wide variety
of animals. These studies confirm that exposure of wildlife to
snowmobile use results in behavioral alteration, habitat avoidance, and
energy expenditures at critical times when animals are under extreme
stress from winter privations. Winter is an extremely difficult time of
year for animals in the Old Park. As noted in the Statement of Finding:
The health of this shielded ecological system is the foundation
for one of the world's finest wildlife viewing opportunities. The
possibility of seeing bears, wolves, caribou, moose, Dall sheep, and
many other animals against the backdrop of a spectacular subarctic,
alpine landscape and vegetation is
[[Page 61568]]
the cornerstone of a multimillion-dollar tourism industry in Alaska.
These wildlife populations in the old park area are available for
this unparalleled viewing opportunity precisely because they have
been protected from intrusive interactions with humans for decades.
Id. at 5.
Any increase in stress through added energy expenditure or loss of
preferred habitat is a concern in the difficult times of winter. In the
former Mt. McKinley National Park, there is the possibility of many
additional miles of snowmobile trails and increased snowmobile activity
levels throughout all types of habitats. This area of previously
protected habitat is particularly vulnerable to increased disturbance
given its close proximity to the George Parks Highway. This new pattern
of use will leave little opportunity for wildlife avoidance and refuge.
This major change in the level and extent of human activity in this
historically undisturbed winter environment will affect many animals
over a large area. It would also represent a significant change from
the long-standing patterns of non-intrusive human interaction with
wildlife.
Id. at 10
NPS believes that snowmobile use in this area would compromise the
park's successful long-term resource protection strategy and would be
detrimental to the internationally-significant resources and the
opportunity to view them. NPS also believes that snowmobile use would
be detrimental to the resource values of natural quiet, solitude and
the sounds of nature--among the values for which the Old Park has been
managed, that are generally unique to the Old Park, and that
snowshoers, cross-country skiers and dog mushers have long enjoyed.
Therefore, based on the Statement of Finding and additional
information gathered in the interim, NPS believes that the temporary
snowmobile closure of the former Mount McKinley National Park should be
implemented on a permanent basis by this rulemaking in accordance with
43 CFR 36.11(h).
Traditional Activities: Proposed Definition
In 1986, the Department of the Interior promulgated regulations to
implement the provisions of Title XI of ANILCA (51 FR 31629, September
4, 1986). That rulemaking included the implementing regulations for
``Special Access'' (ANILCA section 1110(a), 43 CFR 36.11). Responding
to comments suggesting that ``traditional activities'' should be
defined, the Department stated:
Because these regulations apply to a number of areas Under the
administrative jurisdiction of three agencies, it has been decided that
it would be unwise, and perhaps impossible to develop a definition that
would be appropriate for all areas under all circumstances. Exactly
what ``traditional activities'' are must be decided on a case-by-case
basis. Once the agencies have had the opportunity to review this
question for each area under their administration, it may be possible
to specifically define ``traditional activities'' for each area.
Id. at 31627.
Defining the term ``traditional activity,'' in the context of the
Special Access provisions of ANILCA section 1110(a) and National Park
System units in Alaska is an important part of Section 13.1(u) of the
proposed rule. In 1986, the Denali National Park and Preserve General
Management Plan discussed the meaning of ``traditionally employed''
surface transportation and ``snowmachine * * * transportation * * * for
traditional activities.'' NPS stated that:
In applying the provisions of ANILCA * * * section 1110.
* * *[NPS] has relied on the following definitions of
'tradition(al)' from Webster's Third New International Dictionary of
the English Language (unabridged), 1976:
2. The process of handing down information, opinions, beliefs, and
customs by word of mouth or by example: transmission of knowledge and
instruction through successive generations without written instruction
* * *
3. An inherited or established way of thinking, feeling or doing; a
cultural feature (as an attitude, belief, custom, institution)
preserved or evolved from the past (as of a family or nation); as * * *
a doctrine or practice or a body of a doctrine and practice preserved
by oral transmission * * *
5.a: Cultural continuity embodied in a massive complex of evolving
social attitudes, beliefs, conventions, and institutions rooted in the
experience of the past and exerting an orienting and normative
influence on the present.
b: the residual elements of past artistic styles or periods.
To qualify under ANILCA, a . . . `traditional activity has to have
been an established cultural pattern, per these definitions, prior to .
. . when the unit was established.
Denali National Park and Preserve General Management Plan (1986),
page 45 and at Appendix I.
In determining whether any traditional activities had occurred in
the Old Park prior to the enactment of ANILCA, NPS is proposing the
immediate following definition which is drafted to be consistent with
the legislative history underlying section 1110(a). This definition
draws also from, but attempts to simplify, the dictionary definition.
Traditional activity--An activity that generally and lawfully
occurred in a unit or a geographically defined area of a unit prior to
enactment of ANILCA, and that was typically associated with that region
as an integral and established part of a utilitarian Alaska lifestyle
or cultural pattern.
Applying this definition to the Old Park, NPS is unable to identify
any specific traditional winter activities. The examples of traditional
activities identified in the House and Senate Committee reports are
subsistence and sport hunting, fishing, and berry picking. While
various winter recreational activities did take place in the Old Park,
the legislative history reveals that these activities were not
traditional as that concept was debated in Congress. Therefore there
could not now be traditional activities within this area for which a
snowmachine is authorized under section 1110(a) or 43 CFR 36.11.
Accordingly, Proposed section 13.63(h)(1) would implement on a
permanent basis the previous temporary closure of snowmachines for
traditional activities in most of the former Mount McKinley portion of
the park, and also serve as the Service's determination that
traditional activities did not take place in this area during periods
of adequate snow cover. NPS specifically requests commenters to address
both the proposed definition and its application to the Old Park. In
connection with the latter, NPS requests that commenters address,
wherever possible, where and when such activities may have lawfully
occurred, or report the absence of such activities, and the basis for
the commenters knowledge. For the reasons previously discussed NPS
believes that the Old Park is unique, and the application of this
definition should not be viewed as a precedent for determining whether
traditional activities took place in the ANILCA additions, the preserve
or any other park unit in Alaska.
To foster opportunities for information gathering, NPS excluded two
corridors from the temporary closure announced in the Statement of
Finding: Cantwell Creek from the wilderness boundary north to the
Cantwell Glacier; and Bull River from the wilderness boundary northwest
through Easy Pass, then south returning to the wilderness boundary on
the West Fork of the Chulitna River. However, since NPS believes that
no section
[[Page 61569]]
1110(a) snowmobile use for traditional activities can be identified in
the Old Park, NPS must comply with the Wilderness Act's general
prohibition of motorized vehicles in wilderness (16 U.S.C. 1133 (c)).
Accordingly, the proposed rule does not exclude these two corridors.
Once implemented by a final rule, NPS intends to review this
closure action as part of the upcoming Denali National Park and
Preserve backcountry management planning process. NPS is not using this
rulemaking to examine what traditional activities may have taken place
in the preserve and park additions--which, NPS recognizes, have a
different history of use and management prior to ANILCA. NPS intends to
also undertake that examination as part of the upcoming backcountry
management planning process, and if necessary, in a future rulemaking.
As noted previously, this process to specifically identify traditional
activities for each area on a case-by-case basis was recognized by the
Department of the Interior in the final regulations implementing ANILCA
section 1110(a). (51 FR 31619, September 4, 1986). The impending
backcountry management planning process will also consider whether
additional, reasonable regulations under ANILCA section 1110(a) should
be applicable to snowmobile use in the preserve and park additions. NPS
notes, however, that where snowmobile activity is presently authorized
by section 1110(a) in other areas of the National Park System in
Alaska, such snowmachine activity remains subject to the regulations
found at 36 CFR Sec. 2.18 (a), (b) and (d).
36 CFR 13.63(i) Wildlife Protection During Sensitive Periods
NPS proposes to codify the Denali National Park and Preserve
superintendent's site-specific, wildlife habitat closure procedures
that are employed during breeding, nesting, denning, and other
sensitive periods. These procedures permit periodic evaluations of, and
changes to, closure boundaries to allow optimize visitor access to, and
use of, the affected areas. Wolves, for example, have an extensive
recurring history of using denning sites, but may skip a year or more,
or move pups completely out of the area at any time. Known denning
areas and the lands immediately around them are seasonally closed to
entry, on a recurring basis. However, if wolves move pups from one area
to another, the protective closure can be shifted, reduced or opened to
the public. These closure procedures may also be safety related. For
example, a bear may bury a large kill and return to feed on the carcass
for a week or more. Approaching a kill site during this period is
extremely dangerous. This proposal would standardize NPS actions to
safeguard visitors and prevent unnatural displacement and other
disturbances that are detrimental to wildlife and habitat resource
values. It would also enable NPS to continue to periodically review the
most current biological data and modify closure boundaries, allowing
optimum visitor access and use of Denali National Park and Preserve.
Limited closures to the public of this nature do not fall under ANILCA
section 1110(a) and thus are not subject to the procedures for such
closures. (``Nothing in this section shall limit the authority of the
appropriate Federal agency to restrict or limit uses of an area under
other statutory authority.'' 43 CFR 36.11(h)(6)). The Secretary of the
Interior is authorized to close areas or restrict use for a variety of
reasons apart from those under Section 1110(a), such as health and
safety. See also 36 CFR 1.5 and 51 FR 31618, September 4, 1986. Similar
closures were proposed in the rulemaking found at 48 FR 14978, 14979;
April 6, 1983. NPS invites written comments on this proposal as a part
of this rulemaking. NPS will also accept comments during public
hearings on the proposed rule.
Drafting Information
The primary authors of this rule are Ken Kehrer, Jr., Mike Tranel,
Joe Van Horn and Russel J. Wilson, Denali National Park and Preserve;
and Lou Waller and Paul Hunter, NPS Alaska Support Office.
Compliance with Laws, Executive Orders and Department Policy Regulatory
Planning and Review (E.O. 12866)
This rule is a significant rule and has been reviewed by the Office
of Management and Budget under Executive Order 12866. This rule will
not have an effect of $100 million or more on the economy. It will not
adversely affect in a material way the economy, productivity,
competition, jobs, the environment, public health or safety, or State,
local, or tribal governments or communities. The NPS has prepared a
Preliminary Cost-Benefit Analysis (9/1/98) that is available from the
Denali National Park and Preserve superintendent. Based on this
analysis, the NPS anticipates positive net benefits such as: increased
public safety; improved public understanding of park regulations; and,
continued protection of wildlife, preservation of natural interactions
among wildlife, and the minimization of habitat disturbances that
contributes to visitors' use and enjoyment of park resources. This rule
will not create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency. The rule does not alter the
budgetary effects, entitlements, grants, user fees, loan programs or
the rights or obligations of their recipients. The rule may raise novel
legal or policy issues, however, the primary effect of the proposed
action is to consolidate in the Code of Federal Regulations or
otherwise clarify requirements that already exist under separate NPS
authorities.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule does not have
an annual effect on the economy of $100 million or more; will not cause
a major increase in costs or prices for consumers, individual
industries, Federal, State, or local government agencies, or geographic
regions; 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. The
primary effect of this proposed action is to consolidate in the Code of
Federal Regulations or otherwise clarify requirements that already
exist under separate NPS authorities. Copies of a Preliminary Cost-
Benefit Analysis
(9/1/98) are available from the Denali National Park and Preserve
superintendent. The analysis found that no significant costs would
result from this action.
Regulatory Flexibility Act
The Department of the Interior has determined that this document
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.). The primary effect of this proposed action is to consolidate in
the Code of Federal Regulations or otherwise clarify requirements that
already exist under separate authorities. Only one of the requirements
addressed by the proposed action is new. This new requirement adopts
``rules of the road'' that have generally been followed on a voluntary
basis for some years and is therefore not anticipated to inconvenience
drivers or otherwise adversely impact any small entity. Substantial
areas exist nearby where Park users can go who may be displaced
[[Page 61570]]
as a result of firearms and snowmachine closures in this proposed
action. The wide availability of such substitute-use areas would
lessen, or eliminate, any impact on park users, including small
entities. The only direct compliance cost that would be imposed by this
proposed action is the requirement to provide drivers license
information, vehicle license plate information, and a vehicle
description for purposes of issuing a permit to operate a motor vehicle
on the restricted access section of the Denali Park Road. That
requirement is not anticipated to impose significant costs on the
public, including small entities. No other direct compliance costs
would be imposed. Therefore, significant impacts on small entities are
not expected from this proposed action. Copies of a Preliminary Cost-
Benefit Analysis (9/1/98) are available from the Denali National Park
and Preserve superintendent.
Unfunded Mandates Reform Act
The NPS has determined and certifies pursuant to the Unfunded
Mandates Reform Act (2 U.S.C. 1502 et. seq.), that this rule will not
impose a cost of $100 million or more in any given year on local, state
or tribal governments or private entities. Copies of a Preliminary
Cost-Benefit Analysis (9/1/98) are available from the Denali National
Park and Preserve superintendent. A statement containing the
information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531
et seq.) is not required.
Takings (E.O. 12630)
In accordance with Executive Order 12360, the rule does not have
significant takings implications. The primary effect of this proposed
action is to consolidate in the Code of Federal Regulations or
otherwise clarify requirements that already exist under separate NPS
authorities. A takings implication assessment is not required.
Federalism
In accordance with Executive Order 12612, the rule does not have
federalism implications which warrant the preparation of a Federalism
Assessment. This rule applies mainly to the portion of Denali National
Park and Preserve that was formerly known as Mount McKinley National
Park and which is under the exclusive jurisdiction of the United
States. The primary effect of this proposed action is to consolidate in
the Code of Federal Regulations or otherwise clarify requirements that
already exist under separate NPS authorities.
Civil Justice Reform (E.O. 12988)
In accordance with Executive Order 12988, the Office of the
Solicitor has determined that this rule does not unduly burden the
judicial system and does not meet the requirements of sections 3 (a)
and 3(b)(2) of the Order.
Paperwork Reduction Act
This regulation requires an information collection from 10 or more
parties and a submission under the Paperwork Reduction Act is required.
The information collection requirements contained in this rule at
13.63(d)(2) have been approved by the Office of Management and Budget
and assigned clearance number 1024-0026. This information is being
collected to solicit information that is necessary for the
Superintendent to issue vehicle permits. The public is being asked to
provide this information in order for the park to track the number of
permits issued and to whom they are issued. The information will be
used to grant administrative benefits. The obligation to respond is
required in order to obtain a benefit.
Specifically, the NPS needs the following information to issue the
permit:
(1) Drivers license number and State of issue.
(2) Vehicle license plate number and State.
(3) Vehicle description, including year, make and model.
The public reporting burden for the collection of information in
this instance is estimated to be 0.10 hours per response, including the
time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed and completing and reviewing
the collection of information. Send comments regarding this burden
estimate or any other aspect of this collection of information,
including suggestions for reducing the burden of these information
collection requests to: Information Collection Officer, National Park
Service, 1849 C Street, NW, Washington, DC 20240; and the Office of
Management and Budget, Office of Information and Regulatory Affairs,
Attention: Desk Officer for Department of the Interior (1024-0125),
Washington, DC 20503.
The Department has determined that this rule meets the applicable
standards provided in Section 3(a) and 3(b)(2) of Executive Order
12988.
National Environmental Policy Act
The NPS has determined that most aspects of this rulemaking, with
the exception of the portion on snowmobile useage, have been previously
addressed pursuant to the National Environmental Policy Act, 42 U.S. C.
4332, in environmental documents prepared in conjunction with park
management plans. These are the environmental assessment prepared in
conjunction with the park General Management Plan which was approved in
a 1986 Finding of No Significant Impact, or the environmental impact
statement prepared in conjunction with the Denali Entrance Area and
Road Corridor Development Concept Plan which was approved in a 1997
Record of Decision. Copies of these environmental documents are
available from the Denali National Park and Preserve superintendent.
Associated with that portion of this regulation regarding
snowmobile useage, the NPS has prepared an environmental assessment
(EA) on the proposed action and three alternatives. The proposed action
provides for the closure of the Old Park to snowmobiles for traditional
activities as described in this proposed rule. The second alternative
is a partial closure and regulatory program that would generally
restrict snowmobile use to the south side of the Alaska Range. Where
use was still allowed, the NPS would develop a program to protect park
resources and values by further regulating snowmobile useage (i.e.
speed, snow conditions, slope angles, etc.). To implement this
alternative, additional regulations would need to be promulgated. The
third alternative considers a temporary closure of the Old Park to
snowmobiles for traditional activities, as allowed under ANICLA and its
implementing regulations at 43 CFR 36.11(h). A no action is also
considered and evaluated, which would leave the Old Park open to
snowmobile use for traditional activities.
The EA is available for public review during the comment period
provided for in this rule so that interested parties can comment
contemporaneously on both documents.
Clarity of This Regulation
Executive Order 12866 requires each agency to write regulations
that are easy to understand. We invite your comments on how to make
this rule easier to understand, including answers to questions such as
the following: (1) Are the requirements in the rule clearly stated? (2)
Does the rule contain technical language or jargon that interferes with
its clarity? (3) Does the format of the rule (grouping and order of
sections, use of headings, paragraphing, etc.) aid or reduce its
[[Page 61571]]
clarity? (4) Would the rule be easier to understand if it were divided
into more (but shorter) sections? (A ``section'' appears in bold type
and is preceded by the symbol ``Sec. '' and a numbered heading; for
example, Sec. 13.63 Denali National Park and Preserve.) (5) Is the
description of the rule in the Supplementary Information section of the
preamble helpful in understanding the proposed rule? What else could we
do to make the rule easier to understand?
Send a copy of any comments that concern how we could make this
rule easier to understand to: Office of Regulatory Affairs, Department
of the Interior, Room 7229, 1849 C Street NW, Washington, DC 20240. You
may also e-mail the comments to this address: Exsec@ios.doi.gov
Public Comment Solicitation
If you wish to comment, you may submit your comments by any one of
several methods. You may mail comments to Superintendent, Denali
National Park and Preserve, PO Box 9, Denali National Park, AK 99755.
Attention: Ken Kehrer, Jr. You may also comment via the Internet to:
dena__superintendent@nps.gov Please submit Internet comments as an
ASCII file avoiding the use of special characters and any form of
encryption. Please also include ``Attn RIN 1024-AC58'' as the subject,
and your name and return address in the body of your Internet message.
If you do not receive a confirmation from the system that we have
received your Internet message, contact us directly at National Park
Service, Denali National Park and Preserve (907) 683-9581.
Finally, you may hand-deliver comments to Denali National Park
Headquarters, Mile 3.2, Denali National Park Road. Our practice is to
make comments, including names and home addresses of respondents,
available for public review during regular business hours. Individual
respondents may request that we withhold their home address from the
rulemaking record, which we will honor to the extent allowable by law.
There also may be circumstances in which we would withhold from the
rulemaking record a respondent's identity, as allowable by law. If you
wish us to withhold your name and/or address, you must state this
prominently at the beginning of your comment. However, we will not
consider anonymous comments. All submissions from organizations or
businesses, and from individuals identifying themselves as
representatives or officials of organizations or businesses, will be
made available for public inspection in their entirety. NPS will also
hold public hearings on this rulemaking at which verbal and written
comments will be received, the public hearing schedule will be
published in the local newspapers.
List of Subjects
36 CFR Part 5
Alcohol and alcoholic beverages, Business and industry, Civil
rights, Equal employment opportunity, National parks, Transportation.
36 CFR Part 13
Alaska, National parks, Reporting and recordkeeping requirements.
In consideration of the foregoing, the NPS proposes to amend 36 CFR
Chapter I, Parts 5 and 13 as follows:
PART 5--COMMERCIAL AND PRIVATE OPERATIONS
1. The authority citation for part 5 continues to read as follows:
Authority: 16 U.S.C. 1, 3, 9a, 17j-2, 462.
Sec. 5.2 [Amended]
2. In Sec. 5.2(b), the words ``Mount McKinley'' in the first
sentence are revised to read ``Denali''.
Sec. 5.4 [Amended]
3. In Sec. 5.4(a), the words ``Mount McKinley (prohibition does not
apply to that portion of the Denali Highway between the Nenana River
and the McKinley Park Hotel)'' in the first sentence are revised to
read, ``Denali National Park and Preserve (prohibition does not apply
to that portion of the Denali Park road between the Highway 3 junction
and the Denali Park Railroad Depot).''
Sec. 5.10 [Amended]
4. In Sec. 5.10(a) the words ``Mount McKinley'' in the first
sentence are revised to read, ``Denali''.
PART 13--NATIONAL PARK SYSTEM UNITS IN ALASKA
5. The authority citation for part 13 continues to read as follows:
Authority: 16 U.S.C. 1, 3, 462(k), 3101 et seq.; Sec. 13.65 also
issued under 16 U.S.C. 1a-2(h), 20, 1361, 1531, 3197.
6. Section 13.1 is amended by re-designating paragraphs (u) and (v)
as (v) and (w) and by adding paragraph (u) to read as follows:
Sec. 13.1 Definitions.
* * * * *
(u) The term traditional activity means an activity that generally
and lawfully occurred in a unit or a geographically defined area of a
unit prior to enactment of ANILCA, and that was typically associated
with that region as an integral and established part of a utilitarian
Alaska lifestyle or cultural pattern.
* * * * *
Sec. 13.2 [Amended]
7. In Sec. 13.2(c), the words ``and parts of Denali National Park''
are revised to read ``and the former Mt. McKinley National Park.''
8. Section 13.63 is amended by adding paragraphs (d) and (g)
through (i) to read as follows:
Sec. 13.63 Denali National Park and Preserve.
* * * * *
(d) Operation of motor vehicles on the Denali Park road west of the
Savage River.--(1) Do I need a permit to operate a motor vehicle on the
Denali Park road west of the Savage River? Yes, you must obtain a
permit from the superintendent to operate a motor vehicle on the
restricted section of the Denali Park road. The restricted section
begins at the west end of the Savage River Bridge (mile 14.8) and
continues to the former Mt. McKinley National Park boundary north of
Wonder Lake (mile 87.9).
(2) How many permits will be issued each summer? The superintendent
is authorized, under this section, to issue no more than 10,512 motor
vehicle permits each year for access to the restricted section of the
road. The superintendent will issue the permits for the period that
begins on the Saturday of Memorial Day weekend and continues through
the second Thursday following Labor Day or September 15, whichever
comes first. Each permit allows one vehicle one entry onto the
restricted portion of the park road.
(3) How will the superintendent manage the permit program?
(i) The superintendent will apportion motor vehicle permits among
authorized users following the procedure in 36 CFR 13.31. Authorized
users are individuals, groups and governmental entities who are allowed
by law or policy to use the restricted section of the road.
(ii) The superintendent will establish an annual date to evaluate
permit requests and publish that date, along with the results of the
annual apportionment, in the superintendent's compendium of rules and
orders. The superintendent's compendium is available to the public upon
request.
(iii) The Superintendent may establish terms or conditions in the
permits issued under paragraph (d) of this section, including rules for
the safe use of the park road.
[[Page 61572]]
(iv) The Superintendent will re-evaluate the access requirements of
any business that is sold, ceases to operate or that significantly
changes the services currently offered to the public.
(4) What is prohibited? (i) No one may operate a motor vehicle on
the restricted section of the park road without a valid permit.
(ii) No one may violate a term or condition of a permit.
(iii) No one may use a motor home, camper or trailer to transport
guests to a lodge or other business in Kantishna.
(iv) No one may transfer or accept transfer of a Denali Park road
permit without the superintendent's approval.
* * * * *
(g) Kantishna area summer season firearm safety zone.--(1) What is
prohibited? No one may fire a gun during the summer season in or across
the Kantishna area firearm safety zone, unless they are defending life
or property.
(i) The summer season begins on the Saturday of Memorial Day
weekend and continues through the second Thursday following Labor Day
or September 15, whichever comes first.
(ii) The Kantishna Area firearm safety zone is: the Kantishna
Airstrip; the State Omnibus Act Road right-of-way; and all public lands
located within one mile of the Kantishna Airstrip or the State Omnibus
Act Road right-of-way, from the former Mt. McKinley National Park
boundary at mile 87.9 to the south end of the Kantishna Airstrip.
(2) [Reserved]
(h) Snowmachine (snowmobile) operation in Denali National Park and
Preserve.--(1) Where is snowmobile use prohibited? No one may use a
snowmobile in that part of Denali National Park formerly known as Mt.
McKinley National Park.
(2) Where can I operate a snowmobile? You can use a snowmobile for
traditional activities outside of the area formerly known as Mt.
McKinley National Park.
(3) What types of snowmobiles are allowed? The types of snowmobiles
allowed are defined in Sec. 13.1(q) under snowmachine or snowmobile.
(4) What other regulations apply to snowmobile use? Snowmobile use
is governed by regulations at Sec. 2.18(a) of this chapter, traffic
safety, Sec. 2.18(b) state laws and Sec. 2.18(d) prohibited activities;
and 43 CFR 36.11(a)(2) adequate snow cover, and Sec. 36.11(c)
traditional activities.
(5) Who determines when there is adequate snowcover? The
superintendent will determine when snowcover is adequate for snowmobile
use. The superintendent will follow the procedures in Secs. 1.5 and 1.7
of this chapter to inform the public.
(i) Temporary and seasonal restrictions to protect wildlife.
(1) How may the superintendent restrict access? To protect wildlife
and wildlife habitat during breeding, nesting, denning, and other
sensitive periods the superintendent may:
(i) Seasonally close or restrict public access or use to a part of
the park or preserve;
(ii) Change the size of a closed or restricted use area as needed;
(iii) Continue the closures or restricted use area seasonally in
subsequent years; or
(iv) Reopen an area to park visitors.
(2) Before continuing a seasonal closure or restricted use area
under paragraph (i)(1)(iii) of this section, the superintendent will
evaluate biological data. The superintendent will publish a schedule
for evaluating the biological data in the superintendent's compendium
of rules and orders. The compendium is available to the public upon
request.
(3) How will the public be informed? To establish, terminate, and
provide public notice of closures and restricted use area, the
superintendent will follow the procedures in Secs. 1.5 and 1.7 of this
chapter.
(4) What activities are prohibited? No one may enter a closed area
or disobey a requirement for a restricted use area established under
this paragraph (i).
Donald J. Barry,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 99-29338 Filed 11-10-99; 8:45 am]
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