Proposed Rule2025-22837
Program Review-Subsistence Management for Public Lands in Alaska
Primary source
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Published
December 15, 2025
Issuing agencies
Agriculture DepartmentForest ServiceInterior Department
Abstract
Title VIII of the Alaska National Interest Lands Conservation Act of 1980 (ANILCA) requires a subsistence priority for rural Alaska residents on federal public lands in Alaska, currently administered jointly by Secretary of the Interior and the Secretary of Agriculture (the Secretaries). The Office of the Senior Advisor to the Secretary of the Interior for Alaska Affairs and the Office of the Secretary of Agriculture are conducting a targeted review of the Federal Subsistence Management Program (Program) with joint recommendations for action to ensure the Program effectively and efficiently meets the needs of Alaska residents and the Secretaries' obligations under ANILCA. The focus of this review is on recent regulatory and organizational changes to the Program, along with discrete areas of interest. The scope of this review is intentionally targeted to build upon and evaluate the most recent Program review and changes with the benefit of the experience gained through implementation of those changes to date. A subsequent process is anticipated for any regulatory changes to the Program based on this review.
Full Text
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<title>Federal Register, Volume 90 Issue 238 (Monday, December 15, 2025)</title>
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[Federal Register Volume 90, Number 238 (Monday, December 15, 2025)]
[Proposed Rules]
[Pages 57941-57944]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-22837]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Office of the Secretary
43 CFR Part 51
[267D0102DM DS61900000 DMSN00000.000000 DX61901; Docket# DOI-2025-0170]
Program Review--Subsistence Management for Public Lands in Alaska
AGENCY: Forest Service, Agriculture; Office of the Secretary, Interior.
[[Page 57942]]
ACTION: Notification of program review.
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SUMMARY: Title VIII of the Alaska National Interest Lands Conservation
Act of 1980 (ANILCA) requires a subsistence priority for rural Alaska
residents on federal public lands in Alaska, currently administered
jointly by Secretary of the Interior and the Secretary of Agriculture
(the Secretaries). The Office of the Senior Advisor to the Secretary of
the Interior for Alaska Affairs and the Office of the Secretary of
Agriculture are conducting a targeted review of the Federal Subsistence
Management Program (Program) with joint recommendations for action to
ensure the Program effectively and efficiently meets the needs of
Alaska residents and the Secretaries' obligations under ANILCA. The
focus of this review is on recent regulatory and organizational changes
to the Program, along with discrete areas of interest. The scope of
this review is intentionally targeted to build upon and evaluate the
most recent Program review and changes with the benefit of the
experience gained through implementation of those changes to date. A
subsequent process is anticipated for any regulatory changes to the
Program based on this review.
DATES:
Public meeting: The Office of the Senior Advisor to the Secretary
of the Interior for Alaska Affairs anticipates holding an open house in
Anchorage, AK, during the public comment period to share information
about the Program and answer questions. See SUPPLEMENTARY INFORMATION
for specific information on this opportunity.
Scoping comments: Public comments must be received or postmarked by
February 13, 2026.
ADDRESSES: Specific information about the open house will be available
in advance on the Interior Department's website at <a href="https://www.doi.gov/subsistence/FSMP_Scoping_Process">https://www.doi.gov/subsistence/FSMP_Scoping_Process</a>. See SUPPLEMENTARY INFORMATION for
Public Scoping Process regarding the open house and opportunity to
submit comments.
Public comments: You may submit comments by one of the following
methods:
<bullet> Electronically: Go to the Federal eRulemaking Portal:
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. In the Search box, enter DOI-2025-0170,
which is the docket number for this rulemaking action. Then, click on
the Search button. On the resulting page, in the Search panel on the
left side of the screen, under the Document Type heading, check the
Notice box to locate this document. You may submit a comment by
clicking on ``Comment.''
<bullet> Email: <a href="/cdn-cgi/l/email-protection#cfbcbaadbca6bcbbaaa1acaa8fa6a0bce1aba0a6e1a8a0b9"><span class="__cf_email__" data-cfemail="2b585e495842585f4e45484e6b424458054f4442054c445d">[email protected]</span></a>.
<bullet> By hard copy: Submit by U.S. mail or hand delivery to
Office of the Secretary, U.S. Department of the Interior, 4230
University Drive, Suite 300, Anchorage, Alaska 99508.
We can accept oral comments by telephone through an appointment
request submitted by one of the above methods or during the open house.
We intend to make all scoping comments publicly available.
FOR FURTHER INFORMATION CONTACT: Kara Moriarty, Senior Advisor to the
Secretary of the Interior for Alaska Affairs, by email at
<a href="/cdn-cgi/l/email-protection#8ce7edfeedd3e1e3fee5edfef8f5cce5e3ffa2e8e3e5a2ebe3fa"><span class="__cf_email__" data-cfemail="711a1003102e1c1e03181003050831181e025f151e185f161e07">[email protected]</span></a> or by phone at 907-786-3888 (toll free 800-
478-1456).
SUPPLEMENTARY INFORMATION:
Background
Under Title VIII of ANILCA, codified at 16 U.S.C. 3111-3126, the
Secretary of the Interior and the Secretary of Agriculture
(Secretaries) jointly implement the Federal Subsistence Management
Program. The Program administers a preference for the harvest of fish
and wildlife resources for subsistence uses on federal public lands and
waters in Alaska. The Secretaries published temporary regulations to
carry out this program in the Federal Register on June 29, 1990 (55 FR
27114) and published final regulations in the Federal Register on May
29, 1992 (57 FR 22940). Program regulations have subsequently been
amended a number of times. Because this program is a joint effort
between Interior and Agriculture, these regulations are located in two
titles of the Code of Federal Regulations (CFR): Title 36, ``Parks,
Forests, and Public Property,'' at 36 CFR 242.1-242.28, and Title 43,
``Public Lands: Interior'', at 43 CFR 51.1-51.28, respectively. The
regulations contain subparts as follows: Subpart A, General Provisions;
Subpart B, Program Structure; Subpart C, Board Determinations; and
Subpart D, Subsistence Taking of Fish and Wildlife.
Consistent with subpart B of these regulations, the Secretaries
established a Federal Subsistence Board (Board) to administer the
Program. The Board currently comprises:
<bullet> A Chair appointed by the Secretary of the Interior with
concurrence of the Secretary of Agriculture;
<bullet> The Alaska Regional Director, U.S. Fish and Wildlife
Service;
<bullet> The Alaska Regional Director, National Park Service;
<bullet> The Alaska State Director, Bureau of Land Management;
<bullet> The Alaska Regional Director, Bureau of Indian Affairs;
<bullet> The Alaska Regional Forester, U.S. Forest Service;
<bullet> Two public members appointed by the Secretary of the
Interior with concurrence of the Secretary of Agriculture; and
<bullet> Three public members nominated or recommended by federally
recognized Tribal governments in Alaska and appointed by the Secretary
of the Interior with concurrence of the Secretary of Agriculture.
Through the Board, the members participate in the development of
regulations for subparts C and D, which, among other things, set forth
Program eligibility and specific harvest seasons and limits.
To administer the Program over an area as large and diverse as
Alaska, the Secretaries divided the state into 10 subsistence resource
regions, each of which is represented by a Regional Advisory Council
(Council). The Councils provide a forum for rural residents with
personal knowledge of local conditions and resource requirements to
have a meaningful role in the subsistence management of fish and
wildlife on federal public lands and waters in Alaska, as envisioned in
ANILCA. Council members represent varied geographical, cultural, and
user interests within each subsistence resource region.
Under ANILCA, 16 U.S.C. 3115, each Council has the authority to,
among other things, review and evaluate proposals for regulations,
policies, management plans, and other matters relating to subsistence
uses of fish and wildlife in the region, and to make recommendations to
the Secretaries for management actions that accommodate subsistence
uses and needs. A Secretary may choose not to adopt a Council
recommendation if it is not supported by substantial evidence, violates
recognized principles of fish and wildlife conservation, or would be
detrimental to the satisfaction of rural subsistence needs, and the
factual basis and reasons for refusal are documented.
Following extensive public engagement and analysis, the Secretary
of the Interior established an Office of Subsistence Management (OSM)
to administratively support the Board and the Councils. The Board
receives analytical and administrative assistance from the Interagency
Staff Committee, which consists of senior technical experts from the
Office of Subsistence Management, U.S. Fish and Wildlife Service,
National Park Service, Bureau of Land Management, Bureau of Indian
Affairs, and U.S. Forest Service. Staff
[[Page 57943]]
provide support and information needed for the regulatory process and
community-focused Partners for Fisheries Monitoring and the Fisheries
Resource Monitoring Program, which funds projects addressing priorities
identified by managing agencies and the public through the Councils.
Procedural History
In October 2009, the Secretary of the Interior initiated a
comprehensive review of the Federal Subsistence Management Program,
including most of the components described above, to evaluate how well
the Program was fulfilling the purposes of ANILCA Title VIII. The
Special Assistant to the Secretary and Director for Alaska Affairs
conducted the review, in consultation with the Office of the Secretary
of Agriculture, gathering public comments from November 2009 through
January 2010. Following delays due to the Deepwater Horizon oil spill,
a final report on the Program review issued October 5, 2010, calling
for changes to regulations, policies, and procedures for the
Secretaries to consider implementing through direct action or through
the Board. Report recommendations included:
<bullet> Adding two public members to the Board;
<bullet> Staffing a liaison to the State, in addition to the
State's non-voting Board seat;
<bullet> Deference to Council recommendations on more than the
harvest of fish and wildlife;
<bullet> In coordination with the Councils, review the--
[cir] federal procedural and structural regulations adopted from
state regulations,
[cir] customary and traditional use determination process,
[cir] rural/non-rural determination process following the 2010
census, and
[cir] 2008 Memorandum of Understanding between the State and Board;
<bullet> Board review and recommendations on--
[cir] policies and practices to minimize the use of executive
sessions, and
[cir] items for consideration as part of the Secretaries' annual
budget proposals;
<bullet> Secretarial review of external actions that may require
extraterritorial jurisdiction;
<bullet> Board participation in hiring and evaluating the
performance of the OSM Director;
<bullet> Task force evaluation of OSM and related agency budgets
and organizations; and
<bullet> Greater use of Cooperative Agreement authority in ANILCA
809.
The Board met on May 3, 2011, to receive comments and discuss
recommendations to the Secretaries regarding proposed changes. In
September 2011, the Secretaries issued a final rule adopting changes to
Board composition based on recommendations from the Councils, Board,
and the 2009-10 review. 76 FR 56109 (Sept. 12, 2011). Regulatory
changes added two public members to the Board and certain experiential
requirements. All but two of the 28 comments received on the rule
supported this change; one was neutral and the other generally opposed,
both recommending a Board without any federal agency members.
In November 2021, the Secretaries announced joint consultations on
the Program and federal policies to develop recommendations on better
serving Alaska Native subsistence needs. The Office of the Senior
Advisor to the Secretary of the Interior for Alaska Affairs and
Strategic Priorities conducted the review, in consultation with the
Office of the Secretary of Agriculture, gathering comments in writing
and through virtual listening sessions and consultations from December
2021 through January 2022. A final report issued June 14, 2022,
summarizing the consultation process and comments received in response
to seven requests for information on:
<bullet> Impacts to subsistence from shifting ecosystems and other
environmental changes;
<bullet> Changes to subsistence laws, regulations, or policies that
can mitigate those impacts;
<bullet> How agencies can better cooperate with Alaska Native
Tribes, Consortia, Organizations, and corporations to promote
subsistence harvest opportunities and protect habitat;
<bullet> Impacts to the federal subsistence priority from state
management;
<bullet> Changes to the Program to better accommodate Alaska Native
subsistence needs;
<bullet> Difficulties accessing subsistence resources; and
<bullet> How the Board should define eligibility for the rural
subsistence preference.
In June 2024, in response to Congressional authorization to move
OSM out of the U.S. Fish and Wildlife Service and into the Office of
the Secretary of the Interior, Secretary's Order 3413 directed the
transfer of OSM to the Office of the Assistant Secretary for Policy,
Management and Budget. According to the Order, relocation ``also
responded to the concerns and input of Alaska Native communities and
people . . . and to the need to enhance program operations for all
federally qualified subsistence users''. The transfer went into effect
July 15, 2024; corresponding regulatory transfers went into effect one
year later. See 90 FR 34142 (July 18, 2025) (transferring the Federal
Subsistence Management Program regulations from 50 CFR part 100 to 43
CFR part 51).
In October 2024, the Secretaries issued a final rule adopting
further changes to the Program based on recommendations from the 2022
consultations, listening sessions, and other outreach. See 89 FR 83622
(Oct. 17, 2024) and correction at 89 FR 89493 (Nov. 13, 2024). These
regulatory changes added three additional public members to the Board
nominated or recommended by federally recognized Tribal governments in
Alaska, required appointees meet certain experiential requirements, and
affirmed the Secretaries' oversight of Board actions.
On January 20, 2025, President Trump issued Executive Order 14153
titled Unleashing Alaska's Extraordinary Resource Potential, 90 FR 8347
(January 29, 2025), Section 3(b)(xxii) of which states:
. . . the Secretary of the Interior shall exercise all lawful
authority and discretion available to him and take all necessary
steps to . . . direct all bureaus of the Department of the Interior
to consider the Alaskan cultural significance of hunting and fishing
and the statutory priority of subsistence management required by the
ANILCA, to conduct meaningful consultation with the State fish and
wildlife management agencies prior to enacting land management plans
or other regulations that affect the ability of Alaskans to hunt and
fish on public lands, and to ensure to the greatest extent possible
that hunting and fishing opportunities on Federal lands are
consistent with similar opportunities on State lands. . . .
In May 2025, the Secretaries received a petition to amend the
Federal Subsistence Management Program regulations at 50 CFR part 100
(which regulations were subsequently transferred to 43 CFR part 51 to
align with the transfer of the Office of Subsistence Management) and 36
CFR part 242. The Secretaries subsequently received correspondence
concerning this rulemaking petition.
The focus of this review is on the regulatory and organizational
changes to the Program, along with discrete areas of interest. The
scope of this review is intentionally targeted to build upon and
evaluate the most recent Program review and changes with the benefit of
the experience gained through implementation of those changes to date.
The Secretaries intend to target this review on the following
topics:
[[Page 57944]]
<bullet> Interior Department move of the Office of Subsistence
Management to the Office of the Assistant Secretary for Policy,
Management and Budget;
<bullet> Criteria for regional advisory council membership;
<bullet> Membership of the Federal Subsistence Board;
<bullet> Federal regulations and State regulations for duplication
and inconsistency;
<bullet> Regulations governing special actions;
<bullet> Role of the State and the Alaska Department of Fish and
Game in the Federal Subsistence Management Program; and
<bullet> Board's process for rural determinations.
A subsequent process is anticipated for any regulatory changes
based on this Program review.
Public Scoping Process--Comments and Open House
The Office of the Senior Advisor to the Secretary of the Interior
for Alaska Affairs and the Department of Agriculture anticipate making
information about the Program and review available at a joint open
house hosted in Anchorage, Alaska, during the public scoping period.
Written comments may be submitted at the open house and appointments
will be available on request for submission of oral comments. The date,
time, and location for the open house will be publicly posted in
advance at <a href="https://www.doi.gov/subsistence/FSMP_Scoping_Process">https://www.doi.gov/subsistence/FSMP_Scoping_Process</a>.
The Office of the Senior Advisor to the Secretary of the Interior
for Alaska Affairs anticipates briefing the Subsistence Regional
Advisory Councils and meeting attendees on this review and methods for
submitting input and recommendations during the fall 2025 meeting
cycle. For more information on these meetings visit the Councils'
website at <a href="https://www.doi.gov/subsistence/regions">https://www.doi.gov/subsistence/regions</a>. Any comments and
recommendations received in correspondence or at meetings scheduled
during the scoping period will be reviewed and considered by the Office
of the Senior Advisor to the Secretary of the Interior for Alaska
Affairs.
You may submit written comments and materials concerning this
review by one of the methods listed in ADDRESSES. If you submit a
comment via email, hard copy, or electronically, your entire comment,
including any personal identifying information, may be posted online
and will be accepted if transmitted or postmarked before or on February
13, 2026. If your comment includes personal identifying information,
you may request at the top of your document that we withhold this
information; however, we cannot guarantee that we will be able to do
so.
Reasonable Accommodations
The Secretaries are committed to providing access to these meetings
and opportunities to comment for all participants. Please direct all
requests for sign language interpreting services, closed captioning, or
other accommodation needs to the Office of Subsistence Management at
<a href="/cdn-cgi/l/email-protection#fe8d8b9c8d978d8a9b909d9bbe97918dd09a9197d0999188"><span class="__cf_email__" data-cfemail="90e3e5f2e3f9e3e4f5fef3f5d0f9ffe3bef4fff9bef7ffe6">[email protected]</span></a>, 907-786-3888 or 800-877-8339 (TTY), at least
seven business days prior to the open house.
All submitted comments and materials will be available for public
inspection online at <a href="https://www.doi.gov/subsistence/FSMP_Scoping_Process">https://www.doi.gov/subsistence/FSMP_Scoping_Process</a> or by appointment between 8 a.m. and 3 p.m.,
Monday through Friday, except Federal holidays, at: Office of
Subsistence Management, 1011 East Tudor Road, Anchorage, AK 99503.
Tribal Consultation and Comment
As expressed in Executive Order 13175, ``Consultation and
Coordination with Indian Tribal Governments,'' the federal officials
that have been delegated authority by the Secretaries are committed to
honoring the unique government-to-government political relationship
that exists between the U.S. Government and federally recognized Indian
Tribes (Tribes) as listed in 89 FR 99899 (Dec. 11, 2024). Consultation
with Alaska Native corporations is based on Public Law 108-199, div. H,
Sec. 161, Jan. 23, 2004, 118 Stat. 452, as amended by Public Law 108-
447, div. H, title V, Sec. 518, Dec. 8, 2004, 118 Stat. 3267, which
provides that: ``The Director of the Office of Management and Budget
and all Federal agencies shall hereafter consult with Alaska Native
corporations on the same basis as Indian tribes under Executive Order
No. 13175.''
ANILCA does not provide specific rights to Alaska Native Tribes for
subsistence taking of wildlife, fish, shellfish, and other natural
resources. However, because Tribal members are affected by subsistence
hunting, fishing, and trapping regulations, the Secretaries will
provide Tribes and Alaska Native corporations an opportunity to consult
on this Program review on request submitted to the offices listed under
FOR FURTHER INFORMATION CONTACT.
The Departments will engage in outreach efforts, including a
notification letter, to ensure Tribes and Alaska Native corporations
are advised of the mechanisms for participation. The Secretaries commit
to efficiently and adequately providing an opportunity to Tribes and
Alaska Native corporations for consultation in regard to subsistence
uses; to consider information, input, and recommendations provided; and
to address concerns as much as practicable.
Paperwork Reduction Act of 1995 (PRA)
This review does not contain any new collections of information
that require Office of Management and Budget (OMB) approval under the
PRA (44 U.S.C. 3501 et seq.). OMB has reviewed and approved the
collections of information associated with the subsistence regulations
and assigned OMB Control Number 1018-0075, with an expiration date of
November 30, 2027. We may not conduct or sponsor, and you are not
required to respond to a collection of information, unless it displays
a currently valid OMB control number.
This action is taken pursuant to delegated authority.
Michael K. Boren,
Assistant Secretary, Policy, Management and Budget, Department of the
Interior.
Kristin Sleeper,
Deputy Under Secretary, Natural Resources and Environment, Department
of Agriculture.
[FR Doc. 2025-22837 Filed 12-12-25; 8:45 am]
BILLING CODE 4334-13-P
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