[Federal Register Volume 74, Number 136 (Friday, July 17, 2009)]
[Rules and Regulations]
[Pages 34696-34697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17052]


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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 100

[FWS-R7-SM-2008-0101; 70101-1335-0064L6]


Subsistence Management Regulations for Public Lands in Alaska; 
Makhnati Island Area

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

ACTION: Final rule; correction.

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SUMMARY: This document corrects 36 CFR 242.3 and 50 CFR 100.3 of the 
subsistence management regulations for public lands in Alaska, subpart 
A, Makhnati Island Area, which were published in the Federal Register 
of August 24, 2006. That rule, which became effective September 25, 
2006, inadvertently omitted 190 acres of the Makhnati Island Area in 
the regulatory text.

DATES: This correction is effective July 17, 2009.

FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o 
U.S. Fish and Wildlife Service, Attention: Peter J. Probasco, Office of 
Subsistence Management; (907) 786-3888. For questions specific to 
National Forest System lands, contact Calvin H. Casipit, Subsistence 
Program Leader, USDA--Forest Service, Alaska Region, (907) 586-7918.

SUPPLEMENTARY INFORMATION: On August 24, 2006, the Secretaries of 
Agriculture and the Interior published a final rule (71 FR 49997) that 
revised jurisdiction of the Federal Subsistence Management Program by 
adding submerged lands and waters in the area of Makhnati Island, near 
Sitka, Alaska. That rule, which became effective September 25, 2006, 
inadvertently omitted 190 acres of the Makhnati Island Area which was 
withdrawn for use by the Federal Government in Executive Order 8216 
(July 25, 1939). Executive Order 8216 was not rescinded until after 
statehood, so the submerged land did not transfer to the State at 
statehood. Since this submerged land is not included in any other 
withdrawal, reservation, or administrative set aside, the marine 
submerged lands, including any filled lands owned by the United States, 
are under the administration of the Bureau of Land Management and are 
included within the jurisdiction of the Federal Subsistence Management 
Program.
    Because this rule relates to public lands managed by an agency or 
agencies in both the Departments of Agriculture and the Interior, 
identical text is incorporated into 36 CFR part 242 and 50 CFR part 
100.

Administrative Procedure Act

    We find good cause to waive notice and comment on this correction, 
pursuant to 5 U.S.C. 533(b)(3)(B), and the 30-day delay in effective 
date, pursuant to 5 U.S.C. 553(d). Notice and comment are unnecessary 
because this correction is a minor, technical change in the description 
of the area already under Federal jurisdiction. The substance of the 
regulations remains unchanged. Therefore, this correction is being 
published as a final rule and is effective upon publication.

List of Subjects

36 CFR Part 242

    Administrative practice and procedure, Alaska, Fish, National 
forests, Public lands, Reporting and recordkeeping requirements, 
Wildlife.

50 CFR Part 100

    Administrative practice and procedure, Alaska, Fish, National 
forests, Public lands, Reporting and recordkeeping requirements, 
Wildlife.

0
Accordingly, we amend title 36, part 242, and title 50, part 100, of 
the Code of Federal Regulations as follows:

PART ----------SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS 
IN ALASKA

0
1. The authority citation for both 36 CFR part 242 and 50 CFR part 100 
continues to read as follows:

    Authority:  16 U.S.C. 3, 472, 551, 668dd, 3101-3126; 18 U.S.C. 
3551-3586; 43 U.S.C. 1733.


0
2. Amend Sec. ----.3 by revising paragraph (b)(5) as follows:

[[Page 34697]]

Sec.  ------.3   Applicability and scope.

* * * * *
    (b) * * *
    (5) Southeastern Alaska--Makhnati Island Area: Land and waters 
beginning at the southern point of Fruit Island, 57[deg]02'35'' north 
latitude, 135[deg]21'07'' west longitude as shown on United States 
Coast and Geodetic Survey Chart No. 8244, May 21, 1941; from the point 
of beginning, by metes and bounds; S. 58[deg] W., 2,500 feet, to the 
southern point of Nepovorotni Rocks; S. 83[deg] W., 5,600 feet, on a 
line passing through the southern point of a small island lying about 
150 feet south of Makhnati Island; N. 6[deg] W., 4,200 feet, on a line 
passing through the western point of a small island lying about 150 
feet west of Makhnati Island, to the northwestern point of Signal 
Island; N. 24[deg] E., 3,000 feet, to a point, 57[deg]03'15'' north 
latitude, 134[deg]23'07'' west longitude; East, 2,900 feet, to a point 
in course No. 45 in meanders of U.S. Survey No. 1496, on west side of 
Japonski Island; southeasterly, with the meanders of Japonski Island, 
U.S. Survey No. 1,496 to angle point No. 35, on the southwestern point 
of Japonski Island; S. 60[deg] E., 3,300 feet, along the boundary line 
of Naval reservation described in Executive Order No. 8216, July 25, 
1939, to the point beginning, and that part of Sitka Bay lying south of 
Japonski Island and west of the main channel, but not including 
Aleutski Island as revoked in Public Land Order 925, October 27, 1953, 
described by metes and bounds as follows: Beginning at the southeast 
point of Japonski Island at angle point No. 7 of the meanders of U.S. 
Survey No. 1496; thence east approximately 12.00 chains to the center 
of the main channel; thence S. 45[deg] E. along the main channel 
approximately 20.00 chains; thence S. 45[deg] W. approximately 9.00 
chains to the southeastern point of Aleutski Island; thence S. 79[deg] 
W. approximately 40.00 chains to the southern point of Fruit Island; 
thence N. 60[deg] W. approximately 50.00 chains to the southwestern 
point of Japonski Island at angle point No. 35 of U.S. Survey No 1496; 
thence easterly with the meanders of Japonski Island to the point of 
beginning including Charcoal, Harbor, Alice, Love, Fruit islands and a 
number of smaller unnamed islands.
* * * * *

    Dated: July 2, 2009.
Ken Salazar,
Secretary of the Interior, Department of the Interior.
    Dated: June 1, 2009.
Dennis E. Bschor,
Regional Forester, USDA-Forest Service.
[FR Doc. E9-17052 Filed 7-16-09; 8:45 am]
BILLING CODE 3410-11-P, 4310-55-P