8/23/82

Denali (McKinley Station)

Size:

Current Status:

Restrictions on conveyance:

300-foot scenic easement back from highway provides for no
development, construction or removal of vegetation except as
needed for essential access.

150-foot easement along Nenana River. The first 100 feet would
allow for no removal of vegetation, development or construction
except as necessary for essential trail access to river. No
buildings would be allowed within 150 feet of the mean high water
mark.

The National Park Service shall also convey to the state such interests in land as necessary to construct powerlines from the hydro site to Skagway. The route has been identified and will follow an existing road. It will be a requirement that the powerlines be buried where they cross certain park lands to protect important scenic, historic and recreation resources.

United States Department of the Interior

OFFICE OF THE SECRETARY
WASHINGTON, D.C. 20240

Honorable Morris K. Udall
Chairman, Committee on Interior

and Insular Affairs

House of Representatives

Washington, D.C.

20510

JUL 27 1982

JUL 29 1382

Dear Mr. Chairman:

In accordance with section 806 of the Alaska National Interest Lands Conservation Act, 16 U.S.C. § 3116 (ANILCA), this letter is to inform the Committee of recent developments concerning the implementation of title VIII (Subsistence Management and Use).

Since the enactment of ANILCA in December 1981, the Department of the Interior has devoted considerable resources to the implementation of title VIII. In addition to promulgating regulations to carry out Departmental responsibilities concerning subsistence uses in certain national parks and monuments, 36 C.F.R. § 13.40 et seq., and national wildlife refuge system units, 50 C.F.R. S 36.11 et seq., the Department has conducted a careful and thorough review of the State's subsistence management and use program in accordance with subsection 805 (d). Throughout this review, we have monitored carefully the progress the State has made in conforming its program to the requirements of ANILCA. This letter advises the Committee of the results of our review.

On May 14, 1982, Governor Hammond was informed that the State's
program had been determined to be in compliance with applicable
provisions of title VIII. This conclusion was based upon an
extensive administrative record which consisted, in part, of
four submissions from the State and several communications from
interested Native entities. In addition, numerous meetings
with State officials were conducted to discuss the requirements
of ANILCA and the elements of the State program.

During this review, minor concerns with the Alaska program were resolved when information about existing policies was acquired from the State. Other problem areas, such as the incorporation of a rural resident requirement into the State definition of subsistence uses, were removed when regulatory action was taken by the State. Some of the important clarifications made by the State are as follows:

1. Definition of Subsistence Uses

On April 6, 1982, the Boards of Fisheries and Game approved regulations which provide a "rural resident" requirement for the State's definition of "subsistence uses, 5 AAC S 99.010(a)(2), and establish criteria for identifying "customary and traditional subsistence uses." 5 AAC § 99.010(b).

2. Preference for Subsistence Uses In addition to the State statutory provisions which establish a subsistence use priority, the Boards have promulgated regulations which dictate the procedures to be followed in implementing the priority. 5 AAC SS.99.010(c)-(g). These steps establish an orderly mechanism whereby the purposes of section 804 can be achieved.

3. Local and Regional Participation - Specified boundaries
have been delineated for the six regions in which regional
councils are functioning. 5 AAC S 96.210. Those councils
are responsible for advancing the "protection of
subsistence uses, 5 AAC S 96.200, and have all of the
procedural and substantive responsibilities required by
section 805. The State also has an extensive network of 67
local advisory committees, which serve as important links
between the Boards of Fisheries and Game and rural
residents engaged in subsistence uses. The councils and
committees are adequately staffed and funded, and technical
information and support are being provided.

Other important additions to the State's subsistence laws are the regulatory provisions which direct that the Boards shall consider council recommendations and advice, 5 AAC S 96.610, and that a council recommendation may be rejected if it is "not supported by substantial evidence presented during the course of the board's administrative hearings, violates recognized principles of fish and wildlife conservation, or would be detrimental to the satisfaction of rural subsistence needs." 5 AAC § 96.610 (e). The regulations also require that when such a finding is made, the Boards must set forth the factual basis and the reasons for that decision and notify the council to that effect. 5 AAC S 96.610(f).

It was in consideration of these and other actions by the State that the Department concluded that compliance with title VIII had been achieved. All State laws of general applicability

were effective as of June 2, 1982, and the Department is now processing the State's reimbursement request in accordance with subsection 805(e). We will, of course, continue to fulfill our section 806 monitoring functions and all other title VIII responsibilties. Now that the State program has been found to be in compliance with ANILCA, the Department will provide the Committee with appropriate reports on the effectiveness of the implementation of title VIII.

The May 14 letter to Governor Hammond and the recently promulgated provisions of the State's subsistence regulations are enclosed for the Committee's information. If you require further information on this issue please contact William P. Horn, Deputy Under Secretary, at 343-5183.