[Federal Register Volume 70, Number 203 (Friday, October 21, 2005)]
[Notices]
[Pages 61305-61307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21041]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CA 670 1232 FH]


Proposed Supplementary Rules on Public Land in California

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of proposed supplementary rules.

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SUMMARY: This notice contains proposed supplementary rules which will 
apply to the public lands within the Adaptive Management Area (AMA) in 
the Imperial Sand Dunes Recreation Area (ISDRA) managed by the El 
Centro Field Office in Imperial County, California. This action is 
necessary in order to maintain viable populations of all native 
species, maintain habitat connectivity, and provide high quality, 
unique, world-class, day-use, semi-primitive, motorized recreation 
opportunities for off-highway vehicle (OHV) activities and non-
vehicular recreational activities throughout the Adaptive Management 
Area and Imperial Sand Dunes Recreation Area. We intend the 
supplementary rules to allow the Bureau of Land Management (BLM) to 
manage AMA area in order to provide recreational opportunities while 
allowing for the conservation of habitat and plants and species of 
concern.

DATES: You should submit your comments by November 21, 2005.

ADDRESSES: You may submit comments, identified with the subject line 
``AMA Supplementary Rule,'' by any of the following methods:
     E-mail: [email protected]. Include AMA Supplementary Rule 
in the subject line of the message.
     Fax: 760-337-4490, Attn: Chief Ranger Ray LeLoup.
     Mail: Bureau of Land Management, El Centro Field Office, 
1661 S. 4th Street, El Centro, CA 92243, Attn: Chief Ranger Ray LeLoup.
     Hand Delivery / Courier: 1661 South 4th St., El Centro, CA 
92243.

FOR FURTHER INFORMATION CONTACT: Chief Ranger Ray LeLoup, 760-337-4475.

SUPPLEMENTARY INFORMATION:

I. Procedures for Submitting Comments
II. Background
III. Discussion of the Supplementary Rules
IV. Procedural Matters

I. Procedures for Submitting 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 that you are 
addressing. BLM need 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 ADDRESSES).
    Comments, including names, street addresses, and other contact 
information of respondents, will be available for public review at 1661 
S. 4th St., El Centro, CA 92243 during regular business hours (7:45 
a.m. to 3:45 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

[[Page 61306]]

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. Background

    The Adaptive Management Area was created in the 2003 Imperial Sand 
Dunes Recreation Area Management Plan. The Adaptive Management Area is 
located within the Imperial Sand Dunes Recreation Area in the following 
described sections:

San Bernardino Meridian

T. 14 S., R. 18 E., sec. 58;
T. 14 S., R. 19 E., secs. 31 to 35 inclusive;
    T. 15 S., R. 18 E., sec. 1 and sec. 12;
    T. 15 S., R. 19 E., secs. 1 to 15 inclusive; secs. 17 and 18; 
secs. 20 to 28 inclusive; secs. 34 to 59 inclusive;
    T. 15 S., R. 20 E., sec. 7; secs. 17 to 21 inclusive; secs. 29 
to 31 inclusive;
    T. 16 S., R. 19 E., secs. 1 and 2; sec. 12;
    T. 16 S., R. 20 E., sec. 39.

The Adaptive Management Area contains approximately 33,289 acres of BLM 
managed land and contains the most widely diverse habitat in the ISDRA. 
Historical recreational use of the AMA area is low to moderate. The AMA 
provides for semi-primitive motorized recreation opportunities and 
experiences. Anecdotal information suggests that visitor use is low 
compared to the remainder of the IDRA. Visitors come in small groups of 
vehicles and take part in OHV recreation throughout the ISDRA. BLM's 
goal is to manage the AMA in a manner that provides recreational 
opportunities while allowing for the conservation of habitat and plants 
and species of concern.

III. Discussion of the Supplementary Rules

    The supplementary rules will apply to the public lands within the 
Adaptive Management Area in the Imperial Sand Dunes Recreation Area. 
The Bureau of Land Management has determined these rules are necessary 
to protect the area's natural resources and to provide recreational 
opportunities. This area will be managed using principles of adaptive 
management, which will allow for the continuous improvement of 
management policies and practices based on previous outcomes of 
operational programs. Adaptive management is a way for managers to 
proceed responsibly in the face of multiple uncertainties. In order to 
fulfill the Bureau of Land Management's obligations under the Federal 
regulations, BLM must carefully manage OHV recreation so that the 
conditions of the special status species and other unique natural and 
cultural resources are maintained or improved. It is crucial to have 
the supplementary rules in place in order to allow for the multiple use 
of the resource area. A more detailed explanation as to the need for 
such a rule may be found in the Final Environmental Impact Statement 
(EIS) for the Imperial Sand Dunes Recreation Area dated May 2003. 
Please see pages 96-141.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These proposed 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 proposed supplementary rules will 
not have an annual 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 communities. These proposed 
supplementary rules will not create a serious inconsistency or 
otherwise interfere with an action taken or planned by another agency. 
These proposed supplementary rules do not materially alter the 
budgetary effects of entitlements, grants, user fees, or loan programs 
or the rights or obligations of their recipients; nor do they raise 
novel legal or policy issues. They merely impose rules of conduct and 
impose other limitations on certain recreational activities on certain 
public lands to protect natural resources.

Clarity of the Supplementary Rules

    Executive Order 12866 requires each agency to write regulations 
that are simple and easy to understand. We invite your comments on how 
to make these proposed supplementary rules easier to understand, 
including answers to questions such as the following: (1) Are the 
requirements in the proposed supplementary rules clearly stated? (2) Do 
the proposed supplementary rules contain technical language or jargon 
that interferes with their clarity? (3) Does the format of the proposed 
supplementary rules (grouping and order of sections, use of headings, 
paragraphing, etc.) aid or reduce their clarity? (4) Would the 
supplementary rules be easier to understand if they were divided into 
more (but shorter) sections? (5) Is the description of the proposed 
supplementary rules in the SUPPLEMENTARY INFORMATION section of this 
preamble helpful to your understanding of the proposed supplementary 
rules? How could this description be more helpful in making the 
proposed supplementary rules easier to understand?
    Please send any comments you have on the clarity of the 
supplementary rules to the address specified in the ADDRESSES section.

National Environmental Policy Act

    BLM has prepared Final Environmental Impact Statement (EIS) for the 
Imperial Sand Dunes Recreation Area dated May 2003, which covers the 
proposed supplementary rules. BLM has placed the EIS on file in the BLM 
Administrative Record at the address specified in the ADDRESSES 
section. BLM invites the public to review these documents and suggests 
that anyone wishing to address matters covered in the EIS do so in 
accordance with the Written Comments section above.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act of 1980 (RFA), 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 proposed supplementary 
rules should have no economic effect on business, organizational, or 
governmental entities of whatever size. They merely would impose 
reasonable restrictions on certain recreational activities on certain 
public lands to protect natural resources and the environment,. 
Therefore, BLM has determined under the RFA that these proposed 
supplementary rules would not have a significant economic impact on a 
substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    These proposed supplementary rules are not a ``major rule'' as 
defined at 5 U.S.C. 804(2). They would not result in an annual effect 
on the economy of $100 million or more, in a major increase in costs or 
prices, or in significant adverse effects on competition, employment,

[[Page 61307]]

investment, productivity, innovation, or on the ability of United 
States-based enterprises to compete with foreign-based enterprises in 
domestic and export markets. They would merely impose reasonable 
restrictions on certain recreational activities on certain public lands 
to protect natural resources and the environment.

Unfunded Mandates Reform Act

    These proposed supplementary rules do not impose an unfunded 
mandate on state, local, or Tribal governments, in the aggregate, or 
the private sector, of $100 million or more in any one year; nor do 
these proposed supplementary rules have a significant or unique effect 
on small governments. They would merely impose reasonable restrictions 
on certain recreational activities on certain public lands to protect 
natural resources and the environment. Therefore, BLM is not required 
to prepare a statement containing the information required by the 
Unfunded Mandates Reform Act at 2 U.S.C. 1532.

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

    The proposed rule is not government action capable of interfering 
with constitutionally protected property rights. It simply contains 
rules of access to an environmentally sensitive area. Therefore, the 
Department of the 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

    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. This rule does not come into conflict 
with any state law or regulation. 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 the requirements of sections 3(a) and 3(b)(2) of the 
Order are met.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, we have coordinated with 
seven interested Tribes in 2002: the Quechan, Colorado River Indian 
Tribes, Fort Mojave Indian Tribe, Cocopah, the eleven Kumeyaay 
reservations, the Torres-Martinez Desert Cahuilla, and the Morongo 
Band. As part of this consultation, we interviewed tribal elders and 
other representatives of these Tribes concerning heritage values at the 
dunes. In general, the Tribes favored more law enforcement presence to 
enforce cultural laws, Therefore, in accordance with Executive Order 
13175, we have found that this rule does not include policies that have 
tribal implications.

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.

Supplementary Rules For the Imperial Sand Dunes Recreation Management 
Area

    Under 43 CFR 8365.1-6, the Bureau of Land Management will enforce 
the following rules on the public lands within the Imperial Sand Dunes 
Recreation Management Area, El Centro Field Office, Desert District, 
California.
    You must follow these rules:
    1. No person may enter the Adaptive Management Area within the 
Imperial Sand Dunes Recreation Area without a permit issued by the 
Bureau of Land Management authorizing such entry. The AMA is clearly 
signed warning access only to permit holders. Further language directs 
person(s) to a location and telephone number to obtain the required 
permit.
    2. Entry and use of the area must be during:
    a. the specified time period displayed on the permit,
    b. October 15 to March 31.
    3. In order to obtain a permit the driver of each vehicle and any 
individuals walking into the Adaptive Management Area must complete a 
short resource conservation program.
    4. All AMA permits must be signed by the driver of the vehicle or 
each individual who walks in stating that he/she understands the 
printed material, including but not limited to the AMA rules and 
regulations, and a written test proving knowledge of said rules, 
regulations and all stipulations.
    5. Each permit will be assigned to a driver, not a vehicle.
    6. A permit flag must be placed directly under the vehicle's 
existing approved safety flag.
    7. With the exception of the microphyll woodlands on the east side 
of the management area where no access will be allowed. Permit holders 
must access the Adaptive Management Area through the Adaptive 
Management Area boundary,
    8. Each individual must obey all permit stipulations.

III. Penalties

    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, for violation of 
supplementary rules on public lands within the boundaries established 
in the rules, you may be tried before a United States Magistrate, fined 
no more than $1,000 and/or imprisoned for no more than 12 months. Such 
violations may also be subject to the enhanced fines provided for by 18 
U.S.C. 3571.

    Dated: September 23, 2005.
Mike Pool,
State Director.
[FR Doc. 05-21041 Filed 10-20-05; 8:45 am]
BILLING CODE 4310-40-P