[Federal Register Volume 69, Number 134 (Wednesday, July 14, 2004)]
[Notices]
[Pages 42209-42210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15891]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[OR-035-00-1050-00; HAG 04-0083]


Notice of Proposed Supplementary Rules on Public Land in Oregon

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed supplementary rules.

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SUMMARY: The Bureau of Land Management (BLM) is publishing proposed 
supplementary rules that implement vehicular closure and restrictions 
to protect the values of the Snake River area and the Sheep Mountain 
Wilderness Study Area (WSA)/Area of Critical Environmental Concern 
(ACEC) on public lands along the West side of the Snake River between 
Oxbow and Brownlee Dam in Baker County, Oregon. The purpose of the 
closure and restrictions are to allow for the rehabilitation of newly 
constructed roads, trails, and ways, created or opened during the Idaho 
Power 230/69 KV powerline construction project, and to protect wildlife 
habitat, native vegetation, fragile soils, and scenic, cultural, and 
natural values on public land in this part of the Snake River and Sheep 
Mountain WSA/ACEC. These closure and restriction orders will be in 
effect on 9,241 acres of public land, and do not affect, limit or close 
any previously existing public access.

DATES: You must submit your comments for these proposed supplementary 
rules to BLM at the appropriate address below on or before August 13, 
2004. BLM may not consider any comments received after the above date 
in making its decisions on the final rule.

ADDRESSES: Mail or personal delivery: Field Manager, Bureau of Land 
Management, Baker Resource Area, 3165 10th Street, Baker City, Oregon 
97814.

FOR FURTHER INFORMATION CONTACT: Baker Field Manager Penelope Dunn 
Woods, at (541) 523-1256. Persons who use a telecommunications device 
for the deaf (TDD) may contact this individual by calling the Federal 
Information Relay Service (FIRS) at (800) 877-8339, 24 hours a day, 7 
days a week.

I. Public Comment Procedures
II. Discussion of the Supplementary Rules
III. Procedural Matters

I. Public Comment Procedures

Electronic Access and Filing Address

    You may view an electronic version of this proposed rule at BLM's 
Internet home page: http://www.or.blm.gov/Vale. Click on the link 
labeled ``NEPA/PLANNING''.

Written Comments

    Written comments on the proposed rule should be specific, confined 
to issues pertinent to the proposed rule, and should explain the reason 
for any recommended change. Where possible, comments should reference 
the specific section or paragraph of the proposal which the commenter 
is addressing. BLM may not consider or include in the Administrative 
Record for the final rule comments which BLM receives after the close 
of the comment period (see DATES) or comments delivered to an address 
other than those listed above (see ADRESSES).
    Comments, including names, street addresses, and other contact 
information of respondents, will be available for public review at the 
Baker Field Office, 3165 10th Street, Baker City, OR 97814 during 
regular business hours (7:45 a.m. to 4:30 p.m.), Monday through Friday, 
except Federal holidays. Individual respondents may request 
confidentiality. If you wish to request that BLM consider withholding 
your name, street address, and other contact information (such as: 
Internet address, FAX or phone number) from public review or from 
disclosure under the Freedom of Information Act, you must state this 
prominently at the beginning of your comment. BLM will honor requests 
for confidentiality on a case-by-case basis to the extent allowed by 
law. BLM will make available for public inspection in their entirety 
all submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses.

II. Discussion of the Supplementary Rules

    These supplementary rules will apply to the public lands within the 
Baker Resource Area of the Vale District. BLM has determined these 
rules necessary to protect the area's natural resources, to provide for 
safe public recreation and public health, and to reduce the potential 
for damage to the environment.
    The public lands in Baker County, Oregon affected by this order 
include all BLM-managed public lands located within the identified 
sections, and all other BLM lands located between these sections and 
the Idaho Power Oxbow-Brownlee Road along the Oxbow Reservoir:

Willamette Meridian, Oregon

T. 7S., R. 47E.,
    Section 25, SE\1/2\SE\1/4\;
    Sections 36, all except for NW\1/4\NW\1/4\.
T. 7S., R. 48E.,
    Section 17, E\1/2\SE\1/4\;
    Section 19, SE\1/4\SE\1/4\;
    Section 20, E\1/2\NE\1/4\, SW\1/4\NE\1/4\, E\1/2\SW\1/4\, SW\1/
4\SW\1/4\, SW\1/4\;
    Section 30, E\1/2\NE\1/4\, SW\1/4\NE\1/4\, E\1/2\SW\1/4\, SW\1/
4\SW\1/4\, SE\1/4\;
T. 8S., R. 47E.,
    Sec. 1, lots 1 thru 4, inclusive, 7 thru 10, inclusive, 15, 16;
    Sec. 2, lot 1;
    Sec. 12, lots 1, 2, 7 thru 10, inclusive, 15, 16;
    Sec. 13, all lands east of BLM road 7644;
    Sec. 24, all lands east of BLM road 7644;
    Sec. 25, all except those lands west of BLM road 7644.

    This closure and use restriction order is the minimum required to 
mitigate the impacts of unregulated off-highway vehicle use on newly 
disturbed soil, roads, trails, and ways; to protect wildlife habitat, 
cultural resources, scenic values, native vegetation and fragile soils 
in the area; and to respond to concerns of public health and safety, 
wildfire, weed control and resource degradation. Actions to implement 
the closure and restrictions will be undertaken.
    Private Lands: This order is in no way intended to affect the legal 
rights, or existing rights-of-way, of adjacent private land owners, or 
their interests within private lands within the closure area. Further, 
this order does not infer any BLM jurisdiction over private lands 
located within the closure area.
    Copies of the closure and restriction order and maps showing the 
location of the closed lands and roads are available from the Baker 
Field Office, 3165 10th Street, Baker City, OR 97814.

III. Procedural Matters

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

    The proposed rule does not represent a government action capable of 
interfering with constitutionally protected property right as it only 
applies to lands managed by the BLM. Therefore, the Department of the

[[Page 42210]]

Interior has determined that the rule would not cause a taking of 
private property or require further discussion of takings implications 
under this Executive Order.

Executive Order 13132, Federalism (Replaces Executive Orders 12612 and 
13083)

    The proposed rule 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. Therefore, in accordance with Executive 
Order 13132, BLM has determined that this proposed rule does not have 
sufficient federalism implications to warrant preparation of a 
federalism assessment.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, the Office of the Solicitor has 
determined that this proposed rule would not unduly burden the judicial 
system and that it meets the requirements of sections 3(a) and 3(b)(2) 
of the Order.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments (Replaces Executive Order 13084)

    In accordance with Executive Order 13175, we have found that this 
proposed rule does not include policies that have tribal implications. 
The rule expressly does not apply to Indian lands (see section 
3601.12). The regulations do not bar Indians or tribes from buying 
mineral materials from public lands, although the abundance of these 
materials on Indian lands has made such purchases unnecessary. We do 
not know of any instances of tribal use of mineral materials from 
public lands.

National Environmental Policy Act

    In compliance with the National Environmental Policy Act, 
construction of the powerline, and the associated construction and 
rehabilitation of roads and trails, were analyzed in the Brownlee-Oxbox 
2 Transmission Line Project Environmental Analysis. A Finding 
of No Significant Impact (FONSI) was issued on July 7, 2003. The 
Environmental Analysis states that the access roads that were to be 
built would be rehabilitated and would not be open to motorized public 
access. These supplementary rules serve as additional public 
notification that the powerline access roads will be closed to public 
vehicular use and provides BLM Law Enforcement Officers with the 
ability to enforce this closure. A copy of the Environmental Analysis 
and FONSI are available for review at the Baker Field Office (see 
ADDRESSES).

Paperwork Reduction Act

    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.

Author

    The principal author of these supplementary rules is Kevin McCoy, 
Outdoor Recreation Planner, Baker Field Office, 3165 10th Street, Baker 
City, OR, 97814.

Supplementary Rules for Public Lands, Oregon and Washington

    Under the authority for supplemental rules found under 43 CFR 
8365.1-6 and 43 U.S.C. 315a, the BLM will enforce the following rules 
on public lands within the affected area of the Snake River area and 
the Sheep Mountain WSA/ACEC at the locations identified in this order. 
You must follow these rules:
    1. You must not operate any motorized vehicle within the affected 
Snake River area and Sheep Mountain WSA/ACEC areas, except on the 
existing improved Idaho Power Oxbow-Brownlee road on BLM public land. 
The Idaho Power Oxbow-Brownlee road is located on the west bank of the 
Snake River, from the Oxbow Dam upstream to the Brownlee Dam:
    2. You must not land any motorized aircraft without authorization.
    3. You must not park vehicles on public lands, except within 
established turnout areas no more than 100 feet from the west edge of 
the Idaho Power Oxbow-Brownlee road.
    Exemptions: Personnel that are exempt from the area closures and 
restrictions include any Federal, State, local officer, or employee in 
the scope of their duties; members of any organized rescue or fire-
fighting force in the performance of an official duty, or any person 
authorized or permitted in writing by the Bureau of Land Management; 
any person or corporation holding a valid right-of-way or easement.
    Penalties: On public lands, under section 303(a) of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1733(a)) and 43 CFR 
8360.0-7, any person who violates any of these supplementary rules may 
be tried before a United States Magistrate and fined no more than 
$1,000 or imprisoned for no more than 12 months, or both. Such 
violations may also be subject to the enhanced fines provided for by 18 
U.S.C. 3571. On public lands in grazing districts (section 3) and 
grazing leased lands (section 15), under section 303(a) of the Federal 
Land Policy and Management Act of 1976, 43 U.S.C. 1733(a) and 43 U.S.C. 
315(a) any person who violates any of these supplementary rules on 
public lands within the boundaries established in the rules may be 
tried before a United States Magistrate and fined no more than $500. 
Such violations may also be subject to the enhanced fines provided for 
by 18 U.S.C. 3571.

Elaine M. Brong,
State Director, Oregon State Office, Bureau of Land Management.
[FR Doc. 04-15891 Filed 7-13-04; 8:45 am]
BILLING CODE 4310-33-P