[Federal Register Volume 70, Number 216 (Wednesday, November 9, 2005)]
[Notices]
[Pages 68077-68079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22348]



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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CA-339-04-1610-DR]


Establishment of Interim Final Supplementary Rules on Public 
Lands in the Headwaters Forest Reserve Managed By the Arcata Field 
Office, California

AGENCY: Bureau of Land Management, Interior.

ACTION: Establishment of Interim Final Supplementary Rules with 
requests for comments.

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SUMMARY: In accordance with the approved Headwaters Forest Reserve 
Resource Management Plan, the Bureau of Land Management (BLM), 
California State Office, is issuing interim final supplementary rules 
and requesting comments. These interim final supplementary rules will 
apply to the public lands within the Headwaters Forest Reserve, Arcata 
Field Office, Humboldt County, California, and will be effective upon 
publication and remain in effect until publication of a final 
supplementary rule. BLM has determined that these rules are needed to 
protect the area's natural resources and provide for the health and 
safety of the public and neighboring residents. These rules do not 
propose or implement any land use limitations or restrictions other 
than those included within BLM's decisions in the Headwaters Forest 
Reserve Approved RMP, or allowed for by existing law or regulation.

DATES: The interim final supplementary rules are effective November 9, 
2005. We invite comments until January 9, 2006.

ADDRESSES: Mail or hand deliver all comments concerning the interim 
final supplementary rules to the Bureau of Land Management, Arcata 
Field Office, 1695 Heindon Road, Arcata, CA 95521.

FOR FURTHER INFORMATION CONTACT: Robert Wick, Planning and 
Environmental Coordinator, Arcata Field Office, 1695 Heindon Road, 
Arcata, CA 95519, 707-825-2321. E-mail: [email protected].

SUPPLEMENTARY INFORMATION

I. Public Comment Procedures

    Written comments on the interim final supplementary rules should be 
specific, confined to issues pertinent to the interim final 
supplementary rules, and should explain the reason for any recommended 
change. The Record of Decision for the Headwaters Forest Reserve 
Resource Management Plan was signed on June 29, 2004, and represents 
the final decision of the Bureau of Land Management Director regarding 
management of Reserve lands. Therefore, comments requesting changes to 
the management plan are outside the scope of this comment period. Where 
possible, comments should reference the specific section or paragraph 
of the rule which the comment is addressing. BLM need not consider or 
include in the Administrative Record for the final rule; (a) Comments 
that BLM receives after the close of the comment period (see DATES), 
unless they are postmarked or electronically dated before the deadline, 
or; (b) 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 the 
Arcata Field Office, 1695 Heindon Road, Arcata, CA 95521, 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 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 BLM is establishing these interim final supplementary rules 
under the authority of 43 CFR 8365.1-6, which allows BLM State 
Directors to establish such rules for the protection of persons, 
property, and public lands and resources. This provision allows the BLM 
to issue rules of less than national effect without codifying the rules 
in the Code of Federal Regulations. Upon completion, the rules will be 
available for inspection in the Arcata Field Office; the rules will be 
posted at the Arcata Field Office; and they will be published in a 
newspaper of general circulation in the affected vicinity.
    BLM is establishing these interim final supplementary rules for the 
Headwaters Forest Reserve, designated by Congress in the 1998 Interior 
Appropriations Bill (Pub. L. 105-83). The Headwaters Forest Reserve is 
located approximately 6 miles southeast of Eureka, Humboldt County, 
California, within T.3N., R.1E., Secs. 3, 4, 5, 6, 8, 9, 10, 11, 14, 
15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 26, 27, 28, 29; T.4N., R.1E., 
Sec. 31; T.4N., R.1W., Secs. 35, 36, Humboldt Meridian. The interim 
final supplementary rules will allow for implementation of the resource 
protection and public use decisions in the Headwaters Forest Reserve 
Resource Management Plan/Final EIS (RMP). The RMP was prepared as a 
requirement of the Congressional legislation and with full public 
participation and multi-agency collaboration.
    The BLM finds good cause to publish these supplementary rules on an 
interim final basis, effective the date of publication, for the 
protection of the reserve's unique and sensitive ecosystem and to 
provide for public health and safety. The Headwaters ecosystem provides 
critical habitat for several Federally-listed threatened and endangered 
species that are sensitive to impacts associated with public use. These 
species include the northern spotted owl, marbled murrelet, and several 
salmonids. Lands adjoining the Reserve include an area of private 
residences and large blocks of active industrial timberlands with 
extensive heavy equipment use. The rules are necessary for the safety 
of both public land visitors and these adjoining landowners.
    The interim final supplementary rules will facilitate the 
implementation of the management actions contained in the RMP and ROD 
for the Headwaters Forest Reserve completed in 2003 and 2004, 
respectively. Throughout development of the RMP, BLM strived to create 
an open planning process. This planning process was designed to engage 
and involve public interest groups from the local to the national 
level, concerned individuals, Federal and state resource agencies, and 
local and Tribal governments. The plan was completed in cooperation 
with the California Department of Fish and Game (DF&G) which manages an 
easement on Reserve lands for the state of California. Therefore the 
plan also followed all public and agency involvement requirements of 
the California Environmental Quality Act (CEQA) and the associated 
Environmental Impact Report (EIR) process. DF&G has also designated the 
Reserve as a state Ecological Reserve. All interim final rules in this 
notice are consistent with state policies and laws guiding public use 
of ecological reserves.

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    The following is a summary of the collaborative planning process 
which has led to the Record of Decision.
    Public Scoping: A public scoping process for preparation of the RMP 
and related EIS/EIR was conducted from May 18, 2000 to August 18, 2000. 
Public and agency input was solicited through three public meetings (in 
Eureka, San Francisco, and Sacramento), use of a Web site offering 
information and electronic comment input, establishment of dedicated 
telephone lines for information requests and comment input, and 
provisions for submission of written comments by mail. BLM summarized 
scoping comments, and prepared a scoping report in October 2000.
    Draft RMP Development: The BLM Arcata Field Office developed a 
draft RMP, based on the scoping comments and concerns from public 
resource agencies and local Tribal governments. Planning updates were 
mailed to persons and organizations that had participated in the 
scoping process.
    Draft RMP/EIS/EIR: A public/agency review period for the draft 
plan/EIS/EIR was conducted according to requirements of NEPA and CEQA. 
A 90-day review period was established via publishing a notice of 
availability of a draft EIS in the Federal Register on May 31, 2002, 
publishing a notice in newspapers of general circulation and mailing a 
notice to all persons and organizations on the RMP mailing list.
    The public review period extended from May 31, 2002, to September 
6, 2002. During this period, public meetings were held in Eureka (July 
16, 2002), Sacramento (July 24, 2002), and San Francisco (July 25, 
2002). Court reporters were present at all of the meetings and verbatim 
transcripts were prepared. Several means of submitting comments were 
provided: Verbal comments at the public meetings, telephone voice mail 
center, e-mails, or written letters. The draft RMP comment period 
resulted in comments from over 6,400 parties.
    Proposed RMP and Final EIS/EIR: The Proposed RMP and Final EIS/EIR 
were released on October 7, 2003, and a Notice of Availability was 
published in the Federal Register on October 10, 2003. The document was 
distributed by mail to a mailing list that had been updated to include 
persons and organizations that previously commented. A transmittal 
letter from the Arcata Field Manager described the process for filing 
protests to the plan within a 30-day period. The protest filing 
deadline was November 10, 2003. The plan decisions relating to the 
interim final supplemental rules were analyzed in the final EIS and the 
rules were published as an appendix in the Proposed RMP.
    Consistency Requirements: In accordance with planning regulations 
at 43 Code of Federal Regulations 1610.3-2(e), the Proposed RMP/Final 
EIS/EIR was sent to the Governor of California on October 6, 2003, for 
a 60-day review of consistency with state or local plans, policies, and 
programs. In a letter dated December 6, 2003, the Governor's Office of 
Planning and Research (OPR) determined that the Proposed RMP was not 
inconsistent with any State or local plans, policies or programs.
    Plan Protest Resolution: The BLM Director has addressed and 
resolved all protests concerning adoption of the approved RMP. 
According to BLM regulations (43 CFR 1610.5-2(b)), the decision of the 
BLM Director on plan protests is the final decision of the Department 
of the Interior.

III. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These interim final 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 interim final 
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 interim final supplementary rules will not create a 
serious inconsistency or otherwise interfere with an action taken or 
planned by another agency. These interim final supplementary rules do 
not materially 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. The interim 
final supplementary rules only impose rules of conduct on recreational 
users of public lands in the Headwaters Forest Reserve and will have a 
positive effect on public health and safety.

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

    The interim final supplementary rules are not a government action 
capable of interfering with constitutionally protected property rights. 
The interim final supplementary rules do not in any way apply to 
private property or affect private land rights. Several of the rules 
will serve to reduce impacts of public land users on adjoining private 
properties, so will serve to benefit these landowners. 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 interim final 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. The planning 
process and EIS/EIR that determined the need for these rules was 
conducted jointly by the BLM and the State of California. The interim 
final supplementary rules affect land only in one state, California, 
and do not address jurisdictional issues involving state government.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, the Office of the Solicitor has 
determined that these interim final supplementary rules 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 found that these 
interim final supplementary rules do not include policies that have 
Tribal implications. The BLM consulted during the RMP process with the 
three Tribes whose historical territories include the reserve. All 
three Tribes concurred with the decisions in the RMP. The interim final 
supplementary rules do not affect lands held for the benefit of 
Indians, Aleuts or Eskimos.

National Environmental Policy Act

    These interim final supplementary rules in and of themselves do not 
constitute a major Federal action significantly affecting the quality 
of the human environment under section 102(2)(C) of the National 
Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(C). However, they 
are a component of a larger plan (Resource Management Plan) that 
constitutes a major Federal action. BLM has prepared a draft 
environmental impact statement/final environmental impact statement 
(DEIS/FEIS) on the Resource Management Plan that analyzes each decision 
corresponding to

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the interim final supplementary rules. In addition to this analysis, 
the interim final supplemental rules were directly published in the 
final EIS. These documents are on file and available to the public in 
the BLM Administrative Record at the address specified in the ADDRESSES 
section. The Record of Decision has also been completed and is also on 
file at the specified address.

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 supplementary rules would 
have a significant economic impact, on a substantial number of small 
entities. These interim final supplementary rules only regulate 
behavior of recreational visitors to the Headwaters Forest Reserve, and 
will not affect business or commercial use of public lands, or use by 
small organizations or small governmental jurisdictions. Therefore, BLM 
has determined under the RFA that these interim final supplementary 
rules would not have a significant economic impact on a substantial 
number of small entities.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    These interim final supplementary rules are not a ``major rule'' as 
defined at 5 U.S.C. 804(2). They merely contain rules of conduct for 
recreational use of certain public lands and have no affect on 
business, commercial or industrial use of public lands.

Unfunded Mandates Reform Act

    These interim final supplementary rules do not impose an unfunded 
mandate on state, local, or Tribal governments in the aggregate, or the 
private sector of more than $100 million per year; nor do they have a 
significant or unique effect on small governments. These interim final 
supplemental rules only apply to public land recreation users and 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 interim final supplementary rules 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 authors of these interim final supplementary rules 
are Dan Averill, Headwaters Forest Reserve Manager, and Bob Wick, 
Planning and Environmental Coordinator, Bureau of Land Management, 
Arcata Field Office, 1695 Heindon Road, Arcata, CA 95521.
    For the reasons stated in the preamble and under the authorities 
for supplementary rules found under 43 CFR 8365.1-6, the California 
State Director, Bureau of Land Management hereby issues interim final 
supplementary rules, effective upon publication, for public lands 
managed by the BLM in the Headwaters Forest Reserve, to read as 
follows:

Definitions

    Headwaters Forest Reserve--Encompasses all public lands and 
associated access easements held by BLM within T.3N., R.1E., Secs. 3, 
4, 5, 6, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 26, 
27, 28, 29; T.4N., R.1E., Sec. 31; T.4N., R.1W., Secs. 35, 36, Humboldt 
Meridian. Public access easement routes will be clearly identified by 
on-site signing and descriptive information. All references to the 
``Reserve'' in this notice are referring to the Headwaters Forest 
Reserve as defined here.
    Camping: The erecting of a tent or shelter of natural or synthetic 
material, preparing a sleeping bag or other bedding material for use, 
parking of a motor vehicle, motor home or trailer, or mooring of a 
vessel for the apparent purpose of overnight occupancy.
    Guided BLM Hike--A hike conducted by BLM employee or volunteer. 
Guided hikes may be conducted by other representatives under written 
permission of the BLM authorized officer.
    Designated Trail: A trail developed, maintained, and explicitly 
identified for public use by the BLM. All designated trails will be 
identified by a combination of trailhead maps and on-site signing 
listing allowable uses.
    Firearm or other projectile shooting device--Includes all firearms, 
air rifles, pellet and BB guns, spring guns, bows and arrows, slings, 
paint ball markers, other instruments that can propel a projectile, or 
any instrument that can be loaded with and fire blank cartridges.

Interim Final Supplementary Rules for the Headwaters Forest Reserve

    The following rules apply to all visitors to the Headwaters Forest 
Reserve. Employees and agents of the BLM will be exempt from these 
rules during performance of specific official duties as authorized by 
the Reserve Manager.
    1. The northern portion of the Reserve, accessed via the Elk River 
Road is open for day use only, from sunrise to sunset.
    2. The southern portion of the Reserve, accessed via the Felt 
Springs Road, is open only for guided BLM hikes. Hikes will normally be 
conducted from May 15 through November 15, based on suitable dry 
weather conditions. All other times, public access to the southern end 
of the Reserve is not allowed.
    3. Dogs are allowed on the Elk River Corridor Trail and must be 
under voice control of the owner/possessor at all times, or on a leash. 
Pets are otherwise not allowed within the Reserve.
    4. Pedestrian use is allowed only on designated trails.
    5. Bicycles are allowed on the Elk River Corridor Trail to the 
posted end point approximately 3 miles from the parking area. Bicycles 
must stay on the designated trail at all times.
    6. Motorized vehicles are not allowed.
    7. Equestrian use is not allowed.
    8. Discharge or use of firearms or other projectile shooting 
devices is not allowed.
    9. Hunting and fishing are not allowed.
    10. Camping is not allowed.
    11. Swimming or wading of humans or dogs in creeks or rivers is not 
allowed.
    12. Campfires, charcoal grills, cookstoves, fireworks or other 
incendiary devices capable of producing open flames, sparks or embers 
are not allowed.
    13. Vegetation gathering is not allowed.
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, 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 $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.

Mike Pool,
State Director.
[FR Doc. 05-22348 Filed 11-8-05; 8:45 am]
BILLING CODE 4310-40-P