National Park System Units in Alaska; Denali National Park and Preserve, Special Regulations

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out-of-date references to ``Mount McKinley National Park'' with the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

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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: E[email protected]

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:

[email protected] 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]

BILLING CODE 4310-70-P