[Federal Register Volume 67, Number 187 (Thursday, September 26, 2002)]
[Notices]
[Pages 60698-60700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24468]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NM-060-2002-1110-JB]


Cedar Hills Road Closure and Proposed Transportation Plan/Route 
Designations for the Cedar Hills Mule Deer Management Area

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of closure.

-----------------------------------------------------------------------

SUMMARY: The Roswell Field Office proposes to protect resource values 
in the Cedar Hills Mule Deer Management Area by developing a 
transportation plan that includes route designations and road and trail 
closures. This action is in accordance with the 1997 Roswell Resource 
Management Plan. The route plan is necessary to reduce the impact from 
recreationist to wildlife, wildlife habitat, soils, and range 
improvements.

DATES: Those wishing to submit comments to the BLM on this proposal 
must do so at the appropriate address below on or before October 28, 
2002. BLM will not consider any comments received after the above date 
in making its decision on the final transportation plan.

ADDRESSES: Bureau of Land Management, Roswell Field Office, Attention 
Rand French, 2909 West Second, Roswell, New Mexico, 88201. Internet e-
mail: [email protected].

FOR FURTHER INFORMATION CONTACT: Rand French at the address listed 
above,

[[Page 60699]]

telephone number (505) 627-0266, during normal business hours (7:45 a.m 
to 4:30 p.m Mountain Time).

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures
II. Background
III. Procedural Matters

I. Public Comment Procedures

    Comments on the proposed transportation plan/route designations, 
should be specific, should be confined to issues pertinent to the 
proposal, and should explain the reason for any recommended change. 
Where possible, comments should reference the specific section or 
paragraph of the proposal that is being addressed. BLM may not 
necessarily consider or include in the Administrative Record for the 
final transportation plan comments that are received after the close of 
the comment period (see DATES) or comments delivered to an address 
other than those listed above (see ADDRESSES).
    BLM will make the comments received, including your name and 
address, available for public review at the Roswell Field Office 
address listed in ADDRESSES above during regular business hours (hours 
listed above).
    Under certain conditions, BLM can keep personal information 
confidential. If you wish to have personal information withheld, please 
state your request for confidentiality at the beginning of your 
comment. BLM will consider withholding your name, street address, and 
other identifying information on a case-by-case basis to the extent 
allowed by law. BLM will make available to the public all submissions 
from organizations and businesses and from individuals identifying 
themselves as representatives of officials of organizations or 
businesses.

II. Background

    The authority for the proposed activities is under 43 CFR part 
8342, which provides for the designation of roads and trails to protect 
resources of the public land. This section goes on to require public 
participation, designation, and identification of designated areas and 
trails. Public meetings have been completed. Public participants were 
also involved in the NEPA process and were given a chance to comment on 
the Environmental Assessment. The RMP constitutes the formal 
designation process for off-highway vehicles. This notice will serve as 
public notice for the official designation and identification of 
specific roads and trails in the Cedar Hills Mule Deer Management Area. 
Appropriate informational material will be provided and available to 
the public at the BLM office and on site.
    The Cedar Hill area is located approximately 35 miles northwest of 
Roswell, New Mexico, along New Mexico Highway 246 (also known as Pine 
Lodge Road). There is one legally accessible road off of the highway 
into the area. This road serves as the main access into the Cedar Hill 
area as well as access to a private residence located on the west side 
of the area. Land ownership in the area consists of 4,145 acres of 
Public Land administered by the Bureau of Land Management Roswell Field 
Office, 740 acres of State land administered by the New Mexico State 
Land Office, and 1,775 acres of private land owned by Mike and Jennifer 
Corn. Mark Marley owns a very small parcel of private land on the south 
end in the Salt Creek area.
    The Cedar Hill area is unique because of the soils and vegetation 
found there are substantially different from that of much of the 
surrounding area. Sand shinnery oak, juniper trees, and sumac 
vegetation differentiate this area from its surroundings. Also within 
the area is the Salt Creek drainage, where vegetation such as desert 
willow, black walnut, and hackberry are found and which further defines 
the area. West of the Salt Creek, upland grassland vegetation typical 
of shallow soil rangelands of southeast New Mexico exists.
    The Cedar Hill area is utilized by the public for hunting, wildlife 
viewing, historic artifact hunting, camping, wood collecting, and other 
recreational uses. Some of these activities are permitted and legal, 
while others occur in violation of laws and regulations. Damage to the 
area is occurring from the proliferation of vehicle routes due to 
public use. Each year, especially during the legal deer hunts, off-road 
driving develops new trails. Once a vehicle leaves an established road 
and leaves evidence of traffic, other people follow the trail and a new 
road is established. This leads to accelerated soil erosion in the area 
and disrupts wildlife and their habitat. Duplicate routes exist leading 
to the same destination as other roads, and some trails have no 
apparent destination and merely dead end. Vehicle traffic on roads that 
follow the path of water pipelines may also damage the pipe, which 
disrupts water supplies for livestock and wildlife.
    Livestock grazing is permitted on Public and State lands to Mike 
and Jennifer Corn. The Corns are responsible for maintenance of 
existing range improvements within the area. These improvements are 
water pipelines, drinking troughs, and fences to facilitate management 
of the livestock. The water related improvements benefit wildlife as 
well as livestock by providing a permanent source of water.
    Instances where water pipelines or drinking troughs are damaged 
from vandalism or by vehicle traffic are costly. This is in terms of 
the expense involved to repair the damage as well as needless suffering 
by livestock and wildlife that are dependent on the water.
    The private landowner and grazing permittee approached the BLM in 
1999 about managing the public use of the area, and possibly closing 
some of the roads and trails. During the 2000 deer hunt, the BLM 
installed a sign at the entrance to the area, which included a map and 
text explaining legal use in the area and allowable use by motorized 
vehicles. A patrol of the area was also initiated during the hunting 
season to curtail off-road driving. These actions have led to more 
awareness by the public; however, a long-term access plan for the area 
needs to be developed. In order to facilitate the long-term plan, the 
BLM inventoried and mapped all of the existing roads and trails in the 
spring of 2001.

III. Procedural Matters

Executive Orders

    The proposed road closures are not a significant regulatory action 
and are not subject to review by the Office of Management and Budget 
under Executive Order 12866. Implementation of the action will not have 
an effect of $100 million or more on the economy. They are not intended 
to affect commercial activity, but contain rules of conduct of public 
land and protect public resources. The proposed road closures will not 
create inconsistencies or otherwise interfere with an action taken or 
planned by another agency.

Executive Order 12630, Governmental Actions and Interference With 
Constitutionally Protected Property Rights

    The closures do not represent a Government action capable of 
interfering with constitutionally protected property rights. The 
closures do not address property rights in any form, and do not cause 
impairment of anyone's property rights. Access to private property will 
be maintained and authorized vehicles may be permitted by the BLM. 
Therefore, the Department of the Interior has determined that the 
closures would not cause a taking of private property or require 
further

[[Page 60700]]

discussion of taking implications under this Executive Order.

Executive Order 13132, Federalism

    The road closures will not have a substantial direct effect on 
States, on the relationship between the national Government and the 
States, or on the distribution of power and responsibilities among 
various levels of Government. The closures affect land in only one 
State, New Mexico, and do not address jurisdictional issues involving 
the State government. Therefore, in accordance with Executive Order 
13132, BLM has determined that these proposed road closures do not have 
sufficient Federalism implications to warrant preparation of a Federal 
Assessment.

Executive Order 12988, Civic Justice Reform

    Under Executive Order 12988, BLM has determined that these closures 
would not unduly burden the judicial system and that they meet the 
requirements of sections 3(a) 3(b)(2) of the order.

National Environmental Policy Act (NEPA)

    BLM has prepared an environmental assessment (EA) and has found 
that the proposed road and trail closures would not constitute a major 
Federal action significantly affecting the quality of the human 
environment under section 102(2)(c) of the Environmental Protection Act 
of 1969 (NEPA), 42 U.S.C. 4332(2)(C). The proposed road and trail 
closures are for the purpose of protecting natural resources, while 
still providing recreational uses. BLM has sent the EA and Finding of 
No Significant Impact (FONSI) out for public review and comment.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    The road and trail closures do not constitute a ``major rule'' as 
defined at 5 U.S.C. 804(2). Again, the closures are only closing 
unnecessary roads and trails or those causing resource damage. Access 
to the area will still be available. The closing of certain roads and 
trails will not have a significant affect on business, commercial, or 
industrial use of the public lands.

Unfunded Mandates Reform Act

    The road and trail closures do not impose an unfunded mandate on 
State, local, or tribal governments or the private sector; nor do these 
closures have a significant or unique effect on State, local, or tribal 
governments or the private sector. The closures do not require anything 
of State, local, or tribal governments. Therefore, BLM is not required 
to prepare a statement containing the information required by the 
Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.).

Paperwork Reduction Act

    These closures do not contain information collection requirements 
that the Office of Management and Budget must approve under the 
Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

Author

    The principal author of these closures is Rand French of the 
Roswell Field Office, Bureau of Land Management, and Department of the 
Interior.

    Dated: June 17, 2002.
Ron Wenker,
Acting Associate State Director.

    Under the authority of 43 CFR part 8342, the New Mexico State 
Director proposes the road closures for the Cedar Hills Deer Management 
Area to read as follows:

Cedar Hills Road Closure and Transportation Plan

Sec. 1 Lands Affected by the Closures and Transportation Plan

    The transportation plan and road closures apply to approximately 
4,145 acres of Public Land administered by the Bureau of Land 
Management, Roswell Field Office, 740 acres of State land administered 
by the New Mexico State Land Office, and 1,775 acres of private lands 
owned by Mike and Jennifer Corn. The Roswell Approved Resource 
Management Plan and Record of Decision of October 1997 established the 
designation of roads. The legal description of the affected lands is as 
follows:

New Mexico Principal Meridian

T. 8 S., R. 20 E.,
    Sections 4, 8, 9, 10, 15, 17, 20, 21, and 22.

[FR Doc. 02-24468 Filed 9-25-02; 8:45 am]
BILLING CODE 4310-FB-P