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DOI/FWS RIN: 1018-BB22 Publication ID: Fall 2016 
Title: Subsistence Management Regulations for Public Lands in Alaska--Applicability and Scope; Tongass National Forest Submerged Lands 

In an October 17, 2011, order, the U.S. District Court for Alaska enjoined the United States to promptly initiate regulatory proceedings for the purpose of implementing the subsistence provisions in title VIII of the Alaska National Interest Lands Conservation Act (ANILCA) with respect to submerged public lands within Tongass National Forest and directed entry of judgment. To comply with the order, the Federal Subsistence Board (Board) needs to initiate a regulatory proceeding to identify those submerged lands within the Tongass that did not pass to the State of Alaska at Statehood and, therefore, are subject to the subsistence provisions of ANILCA. The Bureau of Land Management (BLM) started a review of hundreds of pre-Statehood (January 3, 1959) withdrawals in the marine waters of the Tongass following the Court’s order. In April and October of 2015, BLM submitted initial listings of submerged land to the Board. This rule will add those listings to the subsistence regulations to ensure compliance with the Court order. Additional listings will be published as BLM continues its review of pre-Statehood withdrawals.

Agency: Department of the Interior(DOI)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 36 CFR 242    50 CFR 100   
Legal Authority: 16 U.S.C. 3    16 U.S.C. 472    16 U.S.C. 551    16 U.S.C. 668dd    16 U.S.C. 3101 to 3126    16 U.S.C. 3551 to 3586    43 U.S.C. 1733   
Legal Deadline:  None
Action Date FR Cite
NPRM  06/08/2016  81 FR 36836   
NPRM Comment Period End  08/08/2016 
Final Action  04/00/2017 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Theo Matuskowitz
Regulations Specialist, Office of Subsistence Management
Department of the Interior
United States Fish and Wildlife Service
1011 East Tudor Road, MS 121,
Anchorage, AK 99503
Phone:907 786-3867
Fax:907 786-3898