[Federal Register Volume 68, Number 27 (Monday, February 10, 2003)]
[Notices]
[Pages 6766-6769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3168]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-030-03-1220-PD-241A]


Final Supplementary Rules for the Sand Mountain and the Walker 
Lake Recreation Areas; Churchill and Mineral Counties, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Final supplementary rules.

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SUMMARY: The Carson City Field Office Manager establishes these 
supplementary rules to provide for the protection of persons, property, 
and public lands and resources. They consolidate and clarify rules 
published in previous Federal Register notices, establish that Sand 
Mountain will be subject to a user fee collection and establish 
additional supplemental rules of conduct for visitors to the Sand 
Mountain and the Walker Lake Recreation Areas.

EFFECTIVE DATE: March 12, 2003.

ADDRESSES: Mail: Manager, Carson City Field Office, 5665 Morgan Mill 
Road, Carson City, Nevada 89701. Personal or messenger delivery: 5665 
Morgan Mill Road, Carson City, Nevada 89701. Internet e-mail: 
[email protected]

FOR FURTHER INFORMATION CONTACT: Chris Miller, Outdoor Recreation 
Planner, or Chuck Pope, Assistant Manager, Non-Renewable Resources, 
Carson City Field Office, 5665 Morgan Mill Road, Carson City, Nevada 
89701. Telephone (775) 885-6000. Persons who use a telecommunications 
device for the deaf (TDD) may call the Federal Information Relay 
Service (FIRS) at 1-800-877-8339, 24 hours a day, 7 days a week.

SUPPLEMENTARY INFORMATION:
I. Background
II. Discussion of Rule
III. Responses to Comments
IV. Procedural Matters

I. Background

    BLM published the interim final supplementary rules at 43 CFR part 
8365 on August 22, 2002. These supplementary rules were intended to 
amplify rules that were originally published in 1992. The period for 
public comment on the interim final rules expired on September 23, 
2002. BLM received 36 public comment letters or other communications 
during this comment period.
    The public lands affected by these restrictions are described as 
follows:

Sand Mountain Recreation Area

Mt. Diablo Meridian

T. 16 N., R 32 E.,
    Sec. 4: Lots 1-4 inclusive, SW1/4NE1/4, S1/2NW1/4, N1/2SW1/4, 
SW1/4SW1/4;
    Sec. 5: Lots 1-4 inclusive, S1/2N1/2, All public land north of 
U.S. Route 50;
T. 17 N., R 32 E.,
    Sec. 15: S1/2S1/2;
    Sec. 16: SE1/4SE1/4;
    Sec. 20: SE1/4;
    Sec. 21: All
    Sec. 22: W1/2, NE1/4;
    Sec. 28: All
    Sec. 29: All
    Sec. 32: All
    Sec. 33: All

Walker Lake Recreation Area

    Includes all public land east of U.S. Route 95 to Walker Lake 
within:

Mt. Diablo Meridian

T. 10 N., R 29 E.,
    Sec. 5:
    Sec. 8:
    Sec. 17:
    Sec. 20:
    Sec. 29:
    Sec. 32:

II. Discussion of Rules

    Certain prohibited activities other than those included in the 1992 
supplementary rules were recommended in the Recreation Area Management 
Plan for the Sand Mountain Recreation Area prepared in 1985. These 
recommendations subsequently were published as specific prohibited acts 
in the Federal Register on July 1, 1992. The Plan was supplemented in 
1993, and these rules require minor modification and clarification.
    Certain other supplementary rules are necessary in order to provide 
for the safety of visitors to the Recreation Areas. Speed limits are 
needed on access roads and in designated camping areas. Ignition of 
fireworks is a violation of State law and a danger to both persons and 
property.
    We need to clarify existing rules to protect plant life, wildlife 
habitat and historic resources, and we are proposing

[[Page 6767]]

additional rules due to increases in public use. Indiscriminate vehicle 
use in that portion of the Sand Mountain Recreation Area, where the 
off-road vehicle designation is ``limited'', has destroyed vegetation, 
caused harassment of wildlife, and threatens the integrity of the Sand 
Springs Pony Express Station and Desert Study Area. These supplementary 
rules specifically identify those routes that are open to vehicle use 
within this ``limited'' designation area. Rules regarding the closure 
of certain lands within the Recreation Area to camping were published 
in the Federal Register on July 1, 1992. This notice contains a legal 
description of those lands and designates the area of Developed 
Recreation Site for the Walker Lake Recreation Area.

III. Responses to Comments

    In this portion of the Supplementary Information, we will discuss 
the sections of the proposed rules upon which the public commented, or 
that need to be changed for some other reason. If we do not discuss a 
particular section or paragraph, it means that no public comments 
addressed the provision. However, we may change the wording of other 
sections where we find clarification or style changes necessary or 
appropriate, and there is no other need for substantive amendment in 
the final rule.
    Section 1.a and Section 3.a: Two comments suggested not requiring 
whip flags to be attached to motorcycles. BLM considers that any 
vehicle driving on the dunes may be obscured from view by the crest of 
a dune and thus not seen by other drivers or pedestrians. The use of 
whip flags increases vehicle visibility and thereby improves recreation 
safety.
    Section 1.c: We had three comments on lifting the restricted area 
or limited OHV area status at Sand Mountain. The limited OHV 
designations have been in place since 1988, CFR, Vol. 53, No. 179, page 
35917, Sept. 15, 1988 (NV-030-08-4333-13). The restrictions and limited 
use areas protect cultural and biological resources, including a Pony 
Express station, which is a historical landmark surrounded by dune 
vegetation. This site has been closed to vehicle access since 1988.
    Section 1 other comments: There were three comments on making it 
illegal not to wear helmets or riding double. The BLM feels these are 
more of a State issue and should be addressed by the State. In 
addition, there were two comments on using more of California State 
language for the regulations. The language used in these rules is 
common Code of Federal Regulation language and is enforceable as is.
    Section 2. b. No comments addressed this paragraph of the 
supplementary rules. However, in the final rules we have extended the 
no camping restriction to three miles beyond the boundary of the 
Recreation Area instead of just one mile. Camping in this area to avoid 
paying camping fees could have serious negative impacts on two 
sensitive plant species and 35 historic and prehistoric cultural sites. 
We find the need to protect these resources constitutes good cause for 
changing this restriction without further opportunity for public 
comment. In addition, expansion of this camping restriction will 
protect two watering tanks maintained by a rancher who leases this area 
for cattle and a Navy radar site.
    Section 2. c: We had a comment on how we will enforce some kind of 
noise regulation, especially at night. This enforcement will be based 
on the number of complaints law enforcement personnel receive on the 
situation, and will be focused on the campground proper. Use of the 
surrounding area is primarily for motorized recreation, so remoteness 
and tranquility are not resource values to be protected here, but we 
wish to assure our visitors that they will have a peaceful night's 
sleep.
    Section 2. d and Section 3. j: At least half the comments concerned 
fees. Some individuals felt that no fees should be charged on public 
lands. Most felt our proposed weekly use fee of $20 was too high, but 
that the annual fee was fine. Many of the comments felt that fees are 
appropriate at Sand Mountain as long as they were used to improve the 
site. They had opinions on what resource and recreation projects the 
fees should be used for. The majority of comments said they wanted to 
see more of a BLM presence on site, law enforcement and otherwise. The 
BLM's current cost to run Sand Mountain, including facility maintenance 
and health and safety programs, justifies the current fee schedule.
    Section 2. e: This rule was added based on verbal and written 
complaints about visitors roping off large areas during busy weekends. 
The campground is limited and there are no reserved spaces, thus the 
first come first served rule applies.
    Section 3. e: Many individuals felt they should be able to light 
fireworks in the dunes area and did not like this restriction. BLM is 
complying with a Churchill County ordinance (9.08.020) prohibiting 
fireworks in the county.
    Section 3. f: We received two comments on limiting noise in the 
campground and how the BLM will enforce this. See the response in Sec. 
2 c.
    Section 3. g: We had two comments regarding limiting glass 
containers on the dunes to prevent damaged tires. However, individuals 
thought they should be allowed to use glass containers in motor homes 
or closed vehicles. We amended this section to allow for such uses, 
because many items necessary for daily living in motor homes come in 
glass containers, the risk of litter from these sources is 
substantially less if they are used in the motor homes, and BLM is not 
inclined to perform routine searches of vehicles for glass containers. 
We will issue citations to persons found with glass containers outside 
of vehicles and motor homes.
    Section 3. I: This section received the second most responses next 
to the fee issue. Most individuals felt a definition of gray water 
should be included or that gray water was not an issue. The BLM is 
concerned about the health and safety of 40,000-plus visitors a year. 
The definition was changed to prohibit gray water dumping from a 
vehicle or trailer. Visitors must dump their water at legal dumping 
stations presently located in Fallon.
    Section 3. k: Two comments suggested that we require dogs to be on 
a leash or controlled by owners. The BLM felt this a reasonable safety 
request and added this.
    Section 3. l: This rule prohibiting rolling object down dunes was 
added based on two written comments and many verbal comments received 
during the comment period by BLM staff at Sand Mountain addressing the 
safety hazard created by rolling tires down the dunes. The BLM felt 
this was covered under other recreation articles, but added this as a 
site specific-prohibited act because of ongoing behavior at Sand 
Mountain.
    Supplementary Rules for the Walker Lake Recreation Area. We 
received no comments addressing Walker Lake. Thus, this section was 
left as presented in the interim final rule.

IV. Procedural Matters

    These supplementary rules are not a significant regulatory action 
and are not subject to review by Office of Management and Budget under 
Executive Order 12866. These supplementary rules will not have an 
effect of $100 million or more on the economy. They will not adversely 
affect in a material way the economy, productivity, competition, jobs, 
the environment, public health or safety, or State, local, or tribal 
governments or

[[Page 6768]]

communities. These supplementary rules will not create a serious 
inconsistency or otherwise interfere with an action taken or planned by 
another agency. These supplementary rules do not alter the budgetary 
effects of entitlements, grants, user fees, or loan programs or the 
right or obligations of their recipients; nor do they raise novel legal 
or policy issues.
    BLM has determined that the supplementary rules are categorically 
excluded from environmental review under section 102(2)(C) of the 
National Environmental Policy Act, pursuant to 516 Departmental Manual 
(DM), Chapter 2, Appendix 1. In addition, the supplementary rules do 
not meet any of the 10 criteria for exceptions to categorical 
exclusions listed in 516 DM, Chapter 2, and Appendix 2. Pursuant to 
Council on Environmental Quality regulations (40 CFR 1508.4) and the 
environmental policies and procedures of the Department of the 
Interior, the term ``categorical exclusions'' means a category of 
actions which do not individually or cumulatively have a significant 
effect on the human environment and that have been found to have no 
such effect in procedures adopted by a Federal agency and for which 
neither an environmental assessment nor an environmental impact 
statement is required.
    Congress enacted the Regulatory Flexibility Act of 1980, as 
amended, 5 U.S.C. 601-612, to ensure that Government regulations do not 
unnecessarily or disproportionately burden small entities. The RFA 
requires a regulatory flexibility analysis if a rule would have a 
significant economic impact, either detrimental or beneficial, on a 
substantial number of small entities. These supplementary rules are not 
a ``major rule'' as defined at 5 U.S.C. 804(2). These rules are limited 
in scope to a small parcel of public land and are intended to establish 
rules of conduct and acceptable behavior at the site for the protection 
of resources and the visiting public.
    These supplementary rules do not impose an unfunded mandate on 
state, local, or tribal governments or the private sector of more than 
$100 million per year; nor do these supplementary rules have a 
significant or unique effect on state, local, or tribal governments or 
the private sector. These supplementary rules do not require funding or 
resources from state, local, or tribal governments. These supplementary 
rules do not affect private property or property rights nor are they 
intended to deny or constrain any valid existing right. 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.).
    These supplementary rules do not represent a government action 
capable of interfering with constitutionally protected property rights. 
The supplementary rules are applicable only on public land managed by 
the BLM and do not extend to adjacent private property. No taking of 
private property is contemplated in these supplementary rules. 
Therefore, the Department of the Interior has determined that the 
supplementary rules would not cause a taking of private property or 
require further discussion of takings implications under this Executive 
Order.
    The supplementary rules will not have a substantial direct effect 
on the states, on the relationship between the national government and 
the states, or on the distribution of power and responsibilities among 
the various levels of government. These supplementary rules are 
intended to protect property, resources, and the visiting public on a 
designated area of public land. The scope and effect of these 
supplementary rules are limited to those public purposes and do not 
redefine or impact established governmental structures, 
responsibilities, policies, or procedures. Therefore, in accordance 
with Executive Order 13132, BLM has determined that these supplementary 
rules do not have sufficient Federalism implications to warrant 
preparation of a Federalism Assessment.
    Under Executive Order 12988, we have determined that these 
supplementary rules will not unduly burden the judicial system and that 
these supplementary rules meet the requirements of sections 3(a) and 
3(b)(2) of the Order. These supplementary rules have been written in 
plain text and are clearly understandable.
    In accordance with Executive Order 13175, we have found that this 
final rule does not include policies that have tribal implications. 
These supplementary rules do not impact tribal lands nor are they 
intended to limit or interfere with any right or privilege granted to 
Native Americans.
    These supplementary rules do not contain information collection 
requirements that the Office of Management and Budget must approve 
under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq.
    The principal author of these supplementary rules is Stanley Zuber 
of the Carson City Field Office, Bureau of Land Management, and 
Department of the Interior.
    For the reasons stated in the preamble, and under the authority of 
43 CFR part 8360, Sec. Sec. 8364.1, 8365, 8365.1-2, 8365.1-6 and 
8365.2, the BLM State Director, Nevada, issues the following 
supplementary rules:

    Dated: November 26, 2002.
Robert V. Abbey,
State Director, Nevada.

Supplementary Rules for the Sand Mountain Recreation Area

Sec. 1 Motor Vehicle Rules

    a. All motorized vehicles, other than those traveling on maintained 
roads, must be equipped with an 8 foot whip mast and a six (6) inch by 
twelve (12) inch solid red or orange colored safety flag. Flags may be 
pennant, triangle, square, or rectangular shape. The mast must be 
securely mounted on the vehicle and extend eight (8) feet from the 
ground to the mast tip when the vehicle is stopped. Safety flags must 
be attached within 10 inches of the tip of the whip mast with club or 
other flags mounted below safety flag or on another whip.
    b. You must not operate any motorized vehicle in excess of 25 mph 
on any maintained road within the Recreation Area, or in excess of 15 
mph within any designated camping area.
    c. Within that portion of the Recreation Area where vehicle use is 
designated as ``limited'', there are only two roads open to motorized 
vehicles. These roads are:
    (1) The main access road leading from U.S. Route 50 to the 
northernmost restroom facility and,
    (2) The secondary access road leading from the main access road to 
the parking area near the Sand Springs Pony Express Station and Desert 
Study Area.
    d. No person shall drink an alcoholic beverage, or have in their 
possession or on their person any open container that contains an 
alcoholic beverage, while operating in or on a motorized vehicle.

Sec. 2 Other Restrictions on Recreation Use.

    a. At Sand Mountain, you must camp only in the area designated for 
that purpose. The designated camping area is:

Mt. Diablo Meridian

T. 17 N., R. 32 E.,
    Sec. 28 SW1/4:

    b. You must not camp on any other public lands within the Sand 
Mountain Recreation Area, in Sec. 5, T.16N, R.32E, or within three 
miles of the boundary of the Recreation Area.
    c. You must not operate or use any audio equipment, such as a 
radio,

[[Page 6769]]

television, musical instrument, or other noise producing device, or 
motorized equipment, between the hours of 12 A.M. and 6 A.M. in a 
manner that makes unreasonable noise that disturbs other visitors; or 
operate or use a public address system without written authorization 
from the Field Office Manager.
    d. Persons using the area will be subject to a user fee.
    e. You must not enter, camp, park, or stay longer than one half 
hour within the Sand Mountain Recreation Area without properly paying 
required fees.
    f. Reserving of camping spaces is prohibited; sites are allocated 
on a first come first serve basis.

Sec. 3 Prohibited Acts

    You must not:
    a. Operate a motorized vehicle in the Recreation Area without the 
attached safety flag as described under Sec. 1 a. of these 
supplementary rules;
    b. Operate a motorized vehicle in excess of the posted speed limit;
    c. Drink an alcoholic beverage, or have in your possession or on 
your person any open container that contains an alcoholic beverage, 
while operating in or on a motorized vehicle;
    d. Camp outside the designated camping area described in Sec. 2 a. 
of these supplementary rules;
    e. Discharge any firearms, fireworks, or projectiles;
    f. Make any unreasonable noise that disturbs other visitors between 
the hours of 12 A.M. and 6 A.M. as described in Sec. 2 c. of these 
supplementary rules;
    g. Possess or use any glass cup or bottle, empty or not, used for 
carrying any liquid for drinking purposes outside of enclosed vehicles, 
or camp trailers.
    h. Bring in, dispose of or possess any firewood containing nails, 
screws, or other metal hardware.
    i. Dump gray or wastewater at the Recreation Area directly from a 
vehicle or trailer. You must empty water and sewage tanks only at legal 
dumping stations. (The nearest one is presently located in Fallon.)
    j. Use Sand Mountain Recreation Area without paying the user fee.
    k. Keep animals not on a leash or tied. Animals must be kept on a 
leash not longer than six feet, whether held by hand or secured to a 
fixed object, or otherwise physically restricted at all times.
    l. Freely roll down the dunes any object that creates a hazard to 
other users.

Sec. 4 Penalties

    Under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1733(a)), any person failing to comply with the supplemental rules 
provided in the notice may be subject to imprisonment for not more than 
12 months, or a fine in accordance with the applicable provisions of 18 
U.S.C. 3571, other penalties in accordance with 43 U.S.C. 1733, or 
both.

Sec. 5 Administrative and Emergency Use

    These supplementary rules do not apply to emergency or law 
enforcement personnel, or BLM employees engaged in the performance of 
their official duties.

Supplementary Rules for the Walker Lake Recreation Area

Sec. 1 Motor Vehicle Rules

    a. No person shall operate any motorized vehicle in excess of 25 
mph on any maintained road within the Recreation Area, or in excess of 
15 mph within any designated camping area.
    b. No person shall drink an alcoholic beverage, or have in their 
possession or on their person any open container that contains an 
alcoholic beverage, while operating in or on a motorized vehicle.

Sec. 2 Developed Recreation Site

    The following lands are designated as the developed recreation site 
as defined in 43 CFR 8360.0-5(c): all public land east of U.S. Route 95 
to Walker Lake within--

Mt. Diablo Meridian

T. 10 N., R 29 E.,
    Sec. 29;
    Sec. 32:
    Rules stated in 43 CFR 8365.2 apply to this area.

Sec. 3 Other Restrictions on Recreation Use

    No person shall operate or use any audio equipment, such as a 
radio, television, musical instrument, or other noise producing device, 
or motorized equipment, between the hours of 12 A.M. and 6 A.M. in a 
manner that makes unreasonable noise that disturbs other visitors; or 
operate or use a public address system without written authorization 
from the Field Office Manager.

Sec. 4 Prohibited Acts

    You must not:
    a. Operate a motorized vehicle in excess of the posted speed limit;
    b. Drink an alcoholic beverage, or have in your possession or on 
your person any open container that contains an alcoholic beverage, 
while operating in or on a motorized vehicle;
    c. Discharge any firearms, fireworks, or projectiles.
    d. Make any unreasonable noise that disturbs other visitors between 
the hours of 12 A.M. and 6 A.M. as described in Sec. 2 c. of these 
supplementary rules.
    e. Possess or use any glass cup or bottle, empty or not, used for 
carrying any liquid for drinking purposes outside of enclosed vehicles, 
or camp trailers.
    f. Bring in, dispose of or possess any firewood containing nails, 
screws, and other metal hardware.
    g. Dump gray or wastewater at Walker Lake Recreation Area directly 
from a vehicle or trailer. You must empty water and sewage tanks only 
at legal dumping stations. (The nearest one is presently located in 
Hawthorne.)
    h. Keep animals not on a leash or tied. Animals must be kept on a 
leash not longer than six feet, whether hand held or secured to a fixed 
object, or otherwise physically restricted at all times.

Sec. 5 Penalties

    Under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1733(a)), any person failing to comply with the supplemental rules 
provided in the notice may be subject to imprisonment for not more than 
12 months, or a fine in accordance with the applicable provisions of 18 
U.S.C. 3571, other penalties in accordance with 43 U.S.C. 1733, or 
both.

Sec. 6 Administrative and Emergency Use

    These supplementary rules do not apply to emergency or law 
enforcement personnel, or BLM employees engaged in the performance of 
their official duties.

[FR Doc. 03-3168 Filed 2-7-03; 8:45 am]
BILLING CODE 4310-HC-P