57242 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Proposed Rules 

price less profit) conducted under this 

contract. Any deviation from this 

requirement must be approved in 

advance and in writing by the 

Contracting Officer. Since the selection 

of R&D contractors is substantially 

based on the best scientific and 

technological sources, it is important 

that the Contractor not subcontract 

technical or scientific work without the 

Contracting Officer’s advance approval. 

(End of clause) 

1852.219–82 Limitation on 

Subcontracting—STTR Program. 

As prescribed in 1819.7302(c), insert 

the following clause in all SBIR and 

STTR solicitations and contracts: 

Limitation on Subcontracting—STTR 

Program (XX/XX) 

The Contractor (small business 

concern (SBC)) shall perform a 

minimum of 40 percent of the work 

under this contract (total contract price 

including cost sharing, if any, less profit 

if any). A minimum of 30 percent of the 

work under this contract shall be 

performed by the research institution 

(RI). Since the selection of R&D 

contractors is substantially based on the 

best scientific and technological 

sources, it is important that the 

contractor not subcontract technical or 

scientific work without the Contracting 

Officer’s advance approval. 

(End of clause) 

1852.219–83 Limitation of the Principal 

Investigator—SBIR Program OR Principal 

Investigator—Primary Employment—SBIR 

Program. 

As prescribed in 1819.7302(d), insert 

the following clause in all SBIR 

solicitations and contracts: 

Limitation of the Principal 

Investigator—SBIR Program OR 

Principal Investigator—Primary 

Employment—SBIR Program (XX/XX) 

The primary employment of the 

principal investigator shall be with the 

small business concern (SBC)/ 

Contractor during the conduct of this 

contract. Primary employment means 

that more than one-half of the principal 

investigator’s time is spent in the 

employ of the Contractor/SBC. This 

precludes full-time employment with 

another organization. Deviations from 

these requirements must be approved in 

advance and in writing by the 

Contracting Officer and are not subject 

to a change in the firm-fixed price of the 

contract. The PI for this contract is 

(insert name). 

(End of Clause) 

1852.219–84 Limitation of the Principal 

Investigator—STTR Program. 

As prescribed in 1819.7302(e), insert 

the following clause in all STTR 

solicitations and contracts: 

Limitation of the Principal 

Investigator—STTR Program (XX/XX) 

(a) The primary employment of the 

principal investigator (PI) identified in 

this STTR contract is with the small 

business concern (SBC)/Contractor or 

the research institution (RI). Primary 

employment means that more than onehalf of the principal investigator’s time 

is spent in the employ of the contractor/ 

SBC or RI. 

(b) The principal investigator (PI) is 

considered to be key personnel in the 

performance of this contract and may 

not have been employed by the 

contractor/SBC. The Contractor/SBC 

whether or not the employer of the PI 

shall exercise primary management 

direction and control over the PI and be 

overall responsible for the PI’s 

performance under this contract. 

Deviations from these requirements 

must be approved in advance and in 

writing by the Contracting Officer and 

are not subject to a change in the firmfixed price of the contract. The PI for 

this contract is (insert name). 

(End of Clause) 

5. Section 1852.232–83 is added to 

read as follows: 

1852.232–83 Conditions for Final 

Payment—SBIR and STTR Contracts. 

As prescribed in 1832.1210, insert the 

following clause in all SBIR and STTR 

solicitations and contracts: 

Conditions for Final Payment—SBIR 

and STTR Contracts (XX/XX) 

As a condition for final payment 

under this contract, the Contractor shall 

provide the following certifications as 

part of its final payment invoice request: 

During performance of this contract—

1. Essentially equivalent work 

performed under this contract has not 

been proposed for funding to another 

Federal agency; 

2. No other Federal funding award has 

been received for essentially equivalent 

work performed under this contract; 

3. Deliverable items submitted under 

this contract have not been submitted as 

deliverable items under another Federal 

funding award; 

4. For SBIR contracts: The 

subcontracting limitation set forth in 

this contract was not exceeded except as 

approved in writing by the Contracting 

Officer on (insert date of approval or 

modification number.); 

5. For STTR contracts: The 

subcontracting limitation set forth in 

this contract was not exceeded; 

6. For SBIR contracts: The primary 

employment of the principal 

investigator (PI) identified in this SBIR 

contract was with the Contractor, except 

as approved in writing by the 

Contracting Officer on (insert date of 

approval or modification number.); and 

7. For STTR contracts: The primary 

employment of the principal 

investigator (PI) identified in this STTR 

contract was the SBC/Contractor or the 

research institution (RI). The PI 

identified in the STTR contract was 

considered key in the performance of 

this contract and may not have been 

employed by the Contractor/SBC. 

However, the Contractor/SBC did 

exercise primary management direction 

and control over the PI and was overall 

responsible for the PI’s performance 

under this contract. Any substitutions of 

this individual were approved in 

writing by the Contracting Officer on 

(insert date of approval or modification 

number.). 

I understand that the willful provision 

of false information or concealing a 

material fact in this representation is a 

criminal offense under Title 18 U.S.C., 

Section 1001, False Statements, as well 

as Title 18 U.S.C., Section 287, False 

Claims. 

(End of Clause) 

[FR Doc. 05–19399 Filed 9–29–05; 8:45 am] 

BILLING CODE 7510–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 36 

RIN 1018–AU08 

Refuge-Specific Public Use 

Regulations for Kodiak National 

Wildlife Refuge 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: The Fish and Wildlife Service 

(Service) proposes to open private lands 

within the boundaries of Kodiak 

National Wildlife Refuge in Alaska to 

public use, with a permit, complying 

with our commitments made under a 

Conservation Easement among the 

United States, the State of Alaska, and 

Koniag, Inc. The Conservation Easement 

furthers the missions of the Service and 

the National Wildlife Refuge System 

and the purposes of Kodiak National 

Wildlife Refuge. The easement lands 

Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Proposed Rules 57243 

affected by this rule are along Karluk 

River and Karluk Lake on Kodiak Island, 

Alaska. The rule will apply as long as 

the easement is in place. Without this 

rule, the Service would fail to comply 

with the terms of the Conservation 

Easement. 

DATES: We must receive your comments 

on or before October 31, 2005. 

ADDRESSES: Submit written comments 

to Abbey Kucera, Kodiak National 

Wildlife Refuge, 1390 Buskin River 

Road, Kodiak, Alaska 99615. See 

Request for Public Comments section of 

SUPPLEMENTARY INFORMATION for 

information on electronic submission. 

FOR FURTHER INFORMATION CONTACT: 

Abbey Kucera (907) 487–2600; Fax (907) 

487–2144. 

SUPPLEMENTARY INFORMATION: Kodiak 

National Wildlife Refuge was 

established in 1941 by Executive Order 

for the purpose of protecting the natural 

feeding and breeding ranges of brown 

bears and other wildlife on Uganik and 

Kodiak Islands. The lands now under 

the Conservation Easement were once 

refuge lands. The Alaska Native Claims 

Settlement Act of 1971 (43 U.S.C. 1601–

1624) (Act) allowed refuge lands to be 

conveyed to Alaska Native Corporations 

established under the Act, including the 

lands now covered by this Conservation 

Easement. In 2002, the Conservation 

Easement was signed, calling for these 

lands to be managed similarly to refuge 

lands and requiring refuge-issued 

permits for most public recreational use 

of the Karluk River and Karluk Lake 

lands. 

Background About Kodiak Refuge 

The Alaska National Interest Lands 

Conservation Act (16 U.S.C. 3101 et 

seq., 43 U.S.C. 1602) expanded the 

purposes for which Kodiak National 

Wildlife Refuge was established to 

include: (i) To conserve fish and 

wildlife populations [and] habitats in 

their natural diversity including, but not 

limited to, Kodiak brown bears, 

salmonids, sea otters, sea lions and 

other marine mammals and migratory 

birds; (ii) to fulfill the international 

treaty obligations of the United States 

with respect to fish and wildlife and 

other habitats; (iii) to provide, in a 

manner consistent with the purposes set 

forth in subparagraphs (i) and (ii), the 

opportunity for continued subsistence 

uses by local residents; and (iv) to 

ensure, to the maximum extent 

practicable and in a manner consistent 

with the purposes set forth in paragraph 

(i), water quality and necessary water 

quantity within the refuge. 

Kodiak Refuge encompasses almost 

two million acres in southwestern 

Alaska, including about two-thirds of 

Kodiak Island. The city of Kodiak, 

where refuge headquarters are located, 

is about 250 air miles south of 

Anchorage, about 20 miles northeast of 

the refuge boundary on Kodiak Island, 

and about 60 air miles northeast of 

Karluk Lake. 

Kodiak Refuge is characterized by a 

large range of habitats within a 

relatively small geographic area. 

Because of this, the refuge supports 

some of the highest densities of brown 

bears, nesting bald eagles, and spawning 

salmon found anywhere in North 

America. The mountainous interior of 

Kodiak Island, with several peaks over 

4,000 feet in elevation, is covered by 

lush, dense vegetation during the 

summer, with alpine vegetation on the 

highest slopes. No place on the refuge 

is more than 15 miles from the ocean. 

Access to the refuge is primarily by float 

plane and boat. Karluk River and Karluk 

Lake have runs of all five species of 

Pacific Salmon (chinook, sockeye, coho, 

pink, and chum) and steelhead. 

Rainbow trout, Dolly Varden, and Arctic 

char are also found there. 

Kodiak Refuge was established 

primarily to protect the brown bear. 

With an estimated population of 2,100 

bears, the refuge contains some of the 

best brown bear habitat in the world 

supporting some of the highest 

concentrations of brown bear found 

anywhere in the world. These bears feed 

on spawning salmon and forage 

throughout most of the refuge. The 

Karluk River drainage is one of the most 

important fisheries to bears, with up to 

200 bears using the Karluk area from 

mid-June to the end of September. 

Under our regulations implementing 

the Alaska National Interest Lands 

Conservation Act (50 CFR 36.31), all 

refuge lands in Alaska are open to 

public recreational activities as long as 

such activities are conducted in a 

manner compatible with the purposes 

for which the refuge was established. 

Such recreational activities include, but 

are not limited to: sightseeing, nature 

observations and photography, sport 

hunting, sport fishing, boating, camping, 

hiking, picnicking, and other related 

activities (50 CFR 36.31(a)). The 

National Wildlife Refuge 

Administration Act of 1966 (16 U.S.C. 

668dd-668ee), as amended by the 

National Wildlife Refuge System 

Improvement Act of 1997, defines 

‘‘wildlife-dependent recreation’’ and 

‘‘wildlife-dependent recreational use’’

as ‘‘hunting, fishing, wildlife 

observation and photography, or 

environmental education and 

interpretation’’ (16 U.S.C. 668ee(2)). We 

encourage these uses, and they will 

receive emphasis in management of the 

public use of the refuge. 

Key Provisions of the Conservation 

Easement 

The Conservation Easement was 

established in 2002 for 10 years with an 

option to renew it for another 10 years. 

Koniag agrees to confine use of 

Conservation Easement lands to fish and 

wildlife management and conservation 

activities, subsistence gathering 

activities, archaeological investigations, 

and recreational activities. We agree to 

establish, maintain, and enforce a 

permit system that imposes specific 

limits on the level and location of 

public recreational use on lands within 

a 1⁄2-mile band on either side of the 

Karluk River and lands within 1⁄2 mile 

of the shoreline of Karluk Lake. We are 

required to conduct a study to establish 

such limits. The study must consider 

whether the impact of public use may 

be reduced to satisfactory levels by 

measures such as public education, and 

we are required to consider these 

measures prior to restricting public 

access. However, while we are 

conducting this study, we must 

annually limit the number of 

recreational visitors to the area during 

the period June 10 through July 15 

(limited-use period) to a maximum of 70 

scheduled visitors on any day. The 70- 

per-day limit applies to both visitors 

obtaining permits from us (currently 

limited to 28 people per day) and 

visitors using the area as clients of 

guides authorized by Koniag, Inc. 

(currently limited to 42 people per day). 

We began requiring permits for 

visitors to the area in 2002, under the 

authority of temporary restrictions 

issued by the Refuge Manager. The 

proposed regulation will replace these 

temporary restrictions and allow us to 

continue to implement the Conservation 

Easement. We began the required study 

in 2002 and anticipate completing it in 

2005. In the interim, parties of up to six 

people may apply together for permits 

issued by the refuge; permits are issued 

for each member of the party. Each 

individual may obtain only one 

nontransferable permit for a visit of up 

to 7 consecutive days during a calendar 

year. Parties will apply by a deadline 

established by the refuge and, will be 

selected by lottery if there are more 

visitors than scheduled visits available. 

Remaining available scheduled visits 

will be allocated on a first come, firstserved basis. To date, we have not had 

visitor use reach the limit of 70 people 

per day during the limited-use period. 

During the remainder of the year, July 

16 through June 9, there are no limits on 

the number of permits available; visitors 

57244 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Proposed Rules 

apply for permits individually and 

permits are issued to individuals. 

In summary, the Conservation 

Easement allows the Service to open 

and manage public use of private lands. 

It also requires the Service to establish 

a permit system for some of these lands. 

The purpose of the proposed regulation 

is to provide the authority for the 

Service to require visitors to obtain 

permits to visit easement lands along 

the Karluk River and Karluk Lake. 

Plain Language Mandate 

In this rule we use ‘‘you’’ to refer to 

the reader and ‘‘we’’ to refer to the 

Service, using the word ‘‘allow’’ instead 

of ‘‘permit’’ when we do not require the 

use of a permit for an activity, and using 

active voice. Where the word ‘‘permit’’

occurs, a permit is required. 

Statutory Authority 

The National Wildlife Refuge System 

Administration Act (Administration 

Act) of 1966 (16 U.S.C. 668dd–668ee, as 

amended) and the Refuge Recreation 

Act (Recreation Act) of 1962 (16 U.S.C. 

460k–460k–4) govern the administration 

and public use of refuges. 

The Recreation Act authorizes the 

Secretary to administer areas within the 

Refuge System for public recreation as 

an appropriate incidental or secondary 

use only to the extent that doing so is 

practicable and not inconsistent with 

the primary purpose(s) for which 

Congress and the Service established the 

areas. The Recreation Act requires that 

any recreational use of refuge lands be 

compatible with the primary purpose(s) 

for which we established the refuge and 

not inconsistent with other previously 

authorized operations. 

The Administration Act and 

Recreation Act also authorize the 

Secretary to issue regulations to carry 

out the purposes of the Acts and 

regulate uses. 

Section 1302(a) of the Alaska National 

Interest Lands Conservation Act (16 

U.S.C. 3192(a)) and the National 

Wildlife Refuge Administration Act as 

amended by the Refuge Improvement 

Act of 1997 (16 U.S.C. 668dd) 

authorized us to enter into the 

Conservation Easement with Koniag, 

Inc., and the State of Alaska. 

Request for Comments 

You may comment on this proposed 

rule by any one of several methods: 

1. Federal eRulemaking Portal at 

http://www.regulations.gov. Follow the 

instructions at that site for submitting 

comments. 

2. You may mail comments to Abbey 

Kucera, Kodiak National Wildlife 

Refuge, 1390 Buskin River Road, 

Kodiak, AK 99615. 

3. You may comment via the Internet 

to Abbey_Kucera@fws.gov. Please 

submit Internet comments as an ASCII 

file, avoiding the use of special 

characters and any form of encryption. 

Please also include: ‘‘Attn: 1018–AU08’’

and your full name and return mailing 

address in your Internet message. If you 

only use your e-mail address, we will 

consider your comment to be 

anonymous and will not consider it in 

the final rule. If you do not receive a 

confirmation from us that we have 

received your Internet message, contact 

us directly at (907) 487–2600 or toll-free 

at (888) 408–3514. 

4. You may fax comments to Abbey 

Kucera, Kodiak National Wildlife 

Refuge, at 907–487–2144. 

5. Finally, you may hand-deliver or 

courier comments to the address given 

above. 

We seek comments on this proposed 

rule and will accept comments by any 

of the methods described above. We 

make comments, including the names 

and home addresses of respondents, 

available for public review during 

regular business hours. Individual 

respondents may request that we 

withhold their home addresses from the 

rulemaking record, which we will honor 

to the extent allowable by law. In some 

circumstances, 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 request 

prominently at the beginning of your 

comment. However, we will not 

consider anonymous comments. We 

will make all submissions from 

organizations or businesses and from 

individuals identifying themselves as 

representatives or officials of 

organizations or businesses available for 

public inspection in their entirety. 

Department of the Interior policy is, 

whenever practicable, to afford the 

public a meaningful opportunity to 

participate in the rulemaking process. 

We considered providing a 60-day, 

rather than a 30-day, comment period. 

However, we determined that an 

additional 30-day delay in processing 

this refuge-specific regulation would 

jeopardize visitors’ ability to obtain 

permits in a timely fashion. Since many 

people who visit the area are from 

outside Alaska, allowing people to 

obtain permits earlier allows time for 

these visitors to make travel 

arrangements. The proposed rule is an 

extension of practices successfully 

implemented by refuge staff for the last 

2 years as a trial period under a 

temporary restriction. We must 

administer the public use program on 

the Karluk drainage using permits or we 

will violate the Conservation Easement. 

Without the permit system in place, 

general public use of these private lands 

would not be allowed. 

When finalized, we will incorporate 

this regulation into 50 CFR 36.39(j). Part 

36 contains general provisions for use 

and management of all Alaska National 

Wildlife Refuges and supplements the 

general National Wildlife Refuge System 

regulations found in title 50 CFR 

Chapter I, subpart C. 

Clarity of This Regulation 

Executive Order (E.O.) 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 

clarity? (4) Would the rule be easier to 

understand if it were divided into more 

(but shorter) sections? (5) Is the 

description of the rule in the 

SUPPLEMENTARY INFORMATION section of 

the preamble helpful in understanding 

the rule? (6) What else could we do to 

make the rule easier to understand? 

Send a copy of any comments on how 

we could make this proposed rule easier 

to understand to: Office of Regulatory 

Affairs, Department of the Interior, 

Room 7229, 1849 C Street, NW., 

Washington, DC 20240. You may e-mail 

your comments to Execsec@ios.doi.gov. 

Regulatory Planning and Review 

Executive Order 12866 

In accordance with the criteria in E.O. 

12866, the Service asserts that this rule 

is not a significant regulatory action. 

The Office of Management and Budget 

(OMB) makes the final determination 

under E.O. 12866. 

a. This rule would not have an annual 

economic effect of $100 million or 

adversely affect an economic sector, 

productivity, jobs, the environment, or 

other units of government. A brief 

assessment to clarify the costs and 

benefits associated with this rule 

follows. 

This rule would require a permit for 

recreational activities on Conservation 

Easement land, which is owned by 

Koniag, Inc., and is within the 

boundaries of Kodiak National Wildlife 

Refuge in Alaska. The easement land is 

within 1⁄2 mile of the Karluk River and 

Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Proposed Rules 57245 

Karluk Lake shoreline. To access the 

area, visitors must: (1) Have a permit 

from the refuge; (2) be a concessionaire 

or a client of a concessionaire 

authorized by Koniag, Inc.; or (3) be an 

authorized subsistence user. The 

baseline (status quo) is defined as the 

conditions before the temporary 

restriction was adopted. Therefore, all 

permits associated with the 

Conservation Easement land are new. 

Visitation to the easement land 

consists primarily of anglers because of 

the world class king salmon fishing on 

the Karluk River. In addition to angling, 

other activities may include hiking, 

camping, hunting, and watching 

wildlife such as Kodiak brown bears. 

During the limited use period from 

June 10 to July 15, the maximum 

number of recreational visitors that can 

access the area is limited to 70 people 

per day (28 holding refuge permits and 

42 clients of guides holding Koniag, 

Inc., permits). Outside of this limited 

use time period (July 16 to June 9), there 

is no limit to the number of visitors. In 

all of 2004, 339 visitors were guided 

with permits from Koniag, Inc., and 240 

visitors were unguided with permits 

from Kodiak National Wildlife Refuge. 

Approximately 110 refuge permits were 

for the limited use period and 130 

refuge permits were for outside of the 

limited use period. Thus, 579 people 

visited the Karluk River and Lake 

Conservation Easement land for 

recreation in 2004. 

Throughout the temporary restriction, 

official monitoring of visitation has 

shown that no applicants have been 

denied access to the Conservation 

Easement land. Therefore, we do not 

expect that the permit requirement will 

have an effect on the number of users 

on the easement land. 

Costs Incurred 

There are no monetary fees for any of 

these permits. Costs incurred are due to 

the time to fill out the application and 

time required to process the permit 

application. Applicants need about 15 

minutes to apply for a permit and fax or 

mail it to the refuge. Approximately 15 

minutes are needed for the refuge to 

process an application. The majority of 

applications are electronically produced 

and faxed to the refuge. The average 

annual time commitment for visitors is 

approximately 60 hours (15 minutes x 

240 applications). The average annual 

time commitment for the refuge is about 

60 hours (15 minutes x 240 permits). 

Benefits Accrued 

This rulemaking would allow the 

public to continue to use the lands 

along Karluk River and Karluk Lake. It 

would provide an official system to 

gather the information necessary to 

track visitor use and help ensure visitor 

safety. The proposed rulemaking would 

also better distribute the number of 

visitors throughout the peak season in 

the future if use increased. While the 

number of visitors is not expected to 

change in the immediate future, if use 

does increase in the future, visitors 

could continue to experience conditions 

similar to those today along Karluk 

River and Lake. The permit system 

would allow the refuge to distribute the 

number of visitors throughout the peak 

season thus avoiding fishing congestion. 

b. This proposed rule would not 

create inconsistencies with other 

Federal agencies’ actions. This action 

pertains solely to the management of 

Conservation Easement lands within 

Kodiak National Wildlife Refuge. 

c. This proposed rule would not 

materially affect entitlements, grants, 

user fees, loan programs, or the rights 

and obligations of their recipients. This 

proposed rule does not affect 

entitlement programs. There are no 

grants or other Federal assistance 

programs associated with public use of 

the Conservation Easement. 

d. This proposed rule would not raise 

novel legal or policy issues. This 

proposed rule requires a permit to 

access the Koniag Conservation 

Easement land. This proposed rule 

continues the practice of allowing 

recreational public use of many lands 

managed by national wildlife refuges. 

Regulatory Flexibility Act 

Under the Regulatory Flexibility Act 

[as amended by the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (SBREFA)], whenever a Federal 

agency is required to publish a notice of 

rulemaking for any proposed or final 

rule, it must prepare and make available 

for public comment a regulatory 

flexibility analysis that describes the 

effect of the rule on small entities (i.e., 

small businesses, small organizations, 

and small government jurisdictions) (5 

U.S.C. 601 et seq.). However, no 

regulatory flexibility analysis is required 

if the head of an agency certifies that the 

rule would not have a significant 

economic impact on a substantial 

number of small entities. Thus, for a 

regulatory flexibility analysis to be 

required, impacts must exceed a 

threshold for ‘‘significant impact’’ and a 

threshold for a ‘‘substantial number of 

small entities.’’ See 5 U.S.C. 605(b). 

SBREFA amended the Regulatory 

Flexibility Act to require Federal 

agencies to provide a statement of the 

factual basis for certifying that a rule 

would not have a significant economic 

impact on a substantial number of small 

entities. 

Small businesses that may be affected 

would include those located in Kodiak 

Island Borough, Alaska. Because this 

proposed rule is not expected to affect 

recreational activities in the area, this 

rule would not have a significant effect 

on small businesses engaged in 

activities in the borough. Therefore, we 

certify that this rule would not have a 

significant economic effect on a 

substantial number of small entities as 

defined under the Regulatory Flexibility 

Act. An initial/final Regulatory 

Flexibility Analysis is not required. 

Accordingly, a Small Entity Compliance 

Guide is not required. 

Small Business Regulatory Enforcement 

Fairness Act 

This rule is not a major rule under the 

Small Business Regulatory Enforcement 

Fairness Act 5 U.S.C. 804(2). This rule 

reduces regulatory obligations as 

discussed in Executive Order 12866 

above; therefore, based on the 

information included in the Appendix, 

this rule: 

a. Does not have an annual effect on 

the economy of $100 million or more; 

b. Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions; and 

c. Does not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

Unfunded Mandates Reform Act 

In accordance with the Unfunded 

Mandates Reform Act (2 U.S.C. 1501, et 

seq.), this rule does not impose an 

unfunded mandate on State, local, or 

tribal governments or the private sector 

of more than $100 million per year. The 

rule does not have a significant or 

unique effect on State, local, or tribal 

governments or the private sector. A 

statement containing the information 

required by the Unfunded Mandates 

Reform Act is not required. 

Takings (E.O. 12630) 

In accordance with E.O. 12630, the 

rule does not have any takings 

implications. This regulation will affect 

only conservation easement lands 

owned by a willing participant, Koniag, 

Inc., by allowing public use of private 

lands. 

Federalism (E.O. 13132) 

This rule has no Federalism 

implications to warrant the preparation 

of a Federalism Assessment under E.O. 

57246 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Proposed Rules 

13132. Permit holders who choose to 

fish are regulated by Alaska Department 

of Fish and Game regulations. Guides 

and their clients must be authorized by 

Koniag, Inc. In negotiating the 

Conservation Easement, we coordinated 

with State and Tribal governments, and 

the State of Alaska is a party to the 

Conservation Easement. 

Civil Justice Reform (E.O. 12988) 

In accordance with E.O. 12988, the 

Office of the Solicitor has determined 

that the rule does not unduly burden the 

judicial system and that it meets the 

requirements of sections 3(a) and 3(b)(2) 

of the Order. A violation of the rule is 

classified as a misdemeanor offense. 

Energy Supply, Distribution, or Use 

(E.O. 13211) 

On May 18, 2001, the President issued 

E.O. 13211 on regulations that 

significantly affect energy supply, 

distribution, and use. E.O. 13211 

requires agencies to prepare Statements 

of Energy Effects when undertaking 

certain actions. The proposed rule has 

no effect on energy supplies, 

distribution, and use. Therefore, this 

action is a not a significant energy 

action and no Statement of Energy 

Effects is required. 

Consultation and Coordination With 

Indian Tribal Governments (E.O. 13175) 

In accordance with E.O. 13175, we 

have evaluated possible effects on 

federally recognized Indian tribes and 

have determined there are no effects. 

Koniag consulted with area Tribal 

governments in drafting the 

Conservation Easement. Other 

provisions of the Conservation 

Easement provide for preference for 

certain services be given to Koniag 

shareholders who reside in Larsen Bay 

or Karluk and to the tribal governments 

of Larsen Bay and Karluk. 

Paperwork Reduction Act 

This regulation does not contain any 

information collection requirements 

other than those already approved by 

the OMB under the Paperwork 

Reduction Act (44 U.S.C. 3501 et seq.) 

(OMB Control Number is 1018–0014). 

See 50 CFR 36.3 for information 

concerning that approval. We will 

amend our information collection to 

include the burden hours associated 

with this regulation. An agency may not 

conduct or sponsor and a person is not 

required to respond to a collection of 

information unless it displays a 

currently valid OMB control number. 

Endangered Species Act Section 7 

Consultation 

No species listed as endangered under 

the Endangered Species Act is known to 

occur within the easement lands. In 

2004, a Section 7 consultation under the 

Endangered Species Act was conducted 

for the Draft Revised Comprehensive 

Conservation Plan, Kodiak National 

Wildlife Refuge. This plan includes the 

proposed management of Conservation 

Easement lands. The plan was found to 

be fully consistent with Section 7 of the 

Endangered Species Act by the Service 

and the National Marine Fisheries 

Service. 

National Environmental Policy Act 

We analyzed this rule in accordance 

with the criteria of the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4332(C)) (NEPA) and 516 DM 6, 

Appendix 1. This rule does not 

constitute a major Federal action 

significantly affecting the quality of the 

human environment. An environmental 

impact statement/assessment is not 

required. A categorical exclusion from 

NEPA documentation applies under the 

Department of the Interior Manual, 516 

DM 8 B(10). 

Primary Author 

Abbey Kucera, Supervisory Natural 

Resources Specialist, Kodiak National 

Wildlife Refuge, is the primary author of 

this rulemaking document. 

List of Subjects in 50 CFR Part 36 

Alaska, Recreation and recreation 

areas, Reporting and recordkeeping 

requirements, Wildlife refuges. 

For the reasons set forth in the 

preamble, we propose to amend title 50, 

part 36, subpart E of the Code of Federal 

Regulations as follows: 

PART 36—[AMENDED] 

1. The authority citation for part 36 

continues to read as follows: 

Authority: 5 U.S.C. 301; 16 U.S.C. 460(k) 

et seq., 668dd–668ee, as amended, 742(a) et 

seq., 3101 et seq., and 44 U.S.C. 3501 et seq. 

2. Amend § 36.39 by adding 

paragraph (j)(3) to read as follows: 

§ 36.39 Public use. 

* * * * * 

(j) Kodiak National Wildlife Refuge. 

* * * 

* * * * * 

(3) Permit requirement for 

Conservation Easement lands. (i) 

Pursuant to the terms of a Conservation 

Easement held by the United States and 

the State of Alaska, we manage public 

use of certain lands owned by Koniag, 

Inc. These lands are inholdings within 

the exterior boundaries of the Kodiak 

National Wildlife Refuge. The 

Conservation Easement was recorded in 

the Kodiak Recording District, Alaska, 

on December 6, 2002, as document 

number 2002–003448–0. The lands 

subject to the Conservation Easement to 

which the permit requirements in this 

subsection apply are all lands within 1⁄2

mile of the west shore of Karluk Lake, 

from the lake outlet to the southern 

boundary of T. 32 S., R. 30 W. 

(surveyed), Seward Meridian; all lands 

within 1⁄2 mile of the east shore of 

Karluk Lake, from the lake outlet to a 

point due east of the north end of Camp 

Island; and all lands within a 1⁄2-mile 

band of land on either side of the Karluk 

River, from the Karluk Lake outlet 

downstream to the refuge boundary. 

You are prohibited from using these 

lands unless you have a 

nontransferrable permit from the refuge, 

are a concessionaire or a client of a 

concessionaire authorized by Koniag, 

Inc., to provide revenue-producing 

visitor services, or you are an authorized 

user in accordance with section 7(d) of 

the Conservation Easement. A map is 

available from the refuge showing the 

location of the easement lands which 

are subject to the permit requirement. 

(ii) Interim requirements. The 

Conservation Easement requires us to 

conduct a study to determine the level 

of use and how the permit system will 

work. The following permit procedures 

and limits apply only until the study is 

completed, or management of the 

Conservation Easement is changed by 

agreement of the three parties (Koniag, 

Inc., State of Alaska, and Kodiak 

National Wildlife Refuge). For the 

period June 10 to July 15 the following 

conditions apply: 

(A) The maximum number of visitors 

scheduled on one day is limited to 70. 

Should weather preclude a scheduled 

visitor from arriving or leaving as 

planned, more than 70 visitors may be 

on site at the same time. 

(B) The 70 visitors are allocated 28 

nonguided (permits issued by the 

refuge) and 42 guided (under permits 

issued by Koniag, Inc.). 

(C) Parties of up to six people may 

apply together for permits issued by the 

refuge; permits are issued for each 

member of the party. 

(D) Each individual may obtain only 

one nontransferable permit for a visit of 

up to 7 consecutive days during a 

calendar year. Parties will apply by a 

deadline established by the refuge and 

will be selected by lottery if there are 

more visitors than scheduled visits 

available. Remaining available 

Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Proposed Rules 57247 

scheduled visits will be allocated on a 

first come, first-served basis. 

(E) During the remainder of the year, 

July 16 through June 9, there are no 

limits on the number of permits 

available; visitors apply for permits 

individually and permits are issued to 

individuals. 

Dated: September 7, 2005. 

Craig Manson, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 05–19570 Filed 9–29–05; 8:45 am] 

BILLING CODE 4310–55–P