[Federal Register Volume 72, Number 193 (Friday, October 5, 2007)]
[Notices]
[Pages 57065-57067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19698]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-057-1630-NU; 7-08807]


Shooting Closure on Certain Lands Managed by the Bureau of Land 
Management, Las Vegas Field Office

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of final decision for establishment of a permanent 
shooting closure on selected public lands in Nye County, Nevada.

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SUMMARY: The Bureau of Land Management (BLM) Las Vegas Field Office 
announces a target shooting closure on about 11,874 acres of selected 
public lands in Nye County near the southwest portion of the Town

[[Page 57066]]

of Pahrump. The permanent closure is being made for the safety of 
persons and property adjacent to the selected public lands at the 
request and concurrence of the Nye County Commissioners, the Nye County 
Sheriff's Office and the Pahrump Town Board. The rapid increase in 
population and growth in Pahrump, Nevada has created conflicts between 
new residential areas and public land areas traditionally used for 
target shooting. This closure does not apply to hunting under the laws 
and regulations of the State of Nevada or other recreational 
activities. The BLM is establishing this shooting closure under the 
authority of 43 CFR 8364.1 which allows closures for the protection of 
persons, property, and public lands and resources. This provision 
allows the BLM to issue closures of less than national effect without 
codifying the rules in the Code of Federal Regulations.

DATES: Effective Date: October 5, 2007.

FOR FURTHER INFORMATION CONTACT: Erika Schumacher, Chief Ranger of Law 
Enforcement, (702) 515-5000. Maps depicting the area affected by this 
closure order are available for public inspection at the BLM Las Vegas 
Field Office, 4701 N. Torrey Pines Drive, Las Vegas, Nevada.

SUPPLEMENTARY INFORMATION: Public lands affected are within the 
following described area:

Mount Diablo Meridian, Nevada

T. 21, R. 53
    Secs 14, 15, 22, 23, 24, 25, 26, 27, 34, 35, 36;
T. 21, R. 54
    Secs 21, 22, 27, 28, 29, 30 and 31, 32, 33, 34;
T. 22, R. 53
    Secs 1, 2 and 12;
T. 22, R. 54
    Secs 5, 6 and 7.

    The area described contains 11,874 acres, more or less, in Nye 
County.

Exceptions to Closure

    a. Hunting with a valid state hunting license and in accordance 
with the laws; and
    b. Law Enforcement personnel in the performance of their duties.

Closure Restrictions

    Unless otherwise authorized, within the closure area no person 
shall:
    a. Discharge any firearm, unless specifically exempted by closure 
order; and
    b. Unless specifically addressed by regulations set forth in 43 
CFR, the laws and regulations of the State of Nevada and Nye County 
shall govern the use and possession of firearms. Such state and county 
laws and regulations which are now or may later be in effect are hereby 
adopted and made part of this closure.

Definitions

    Firearm: Any weapon capable of firing a projectile including but 
not limited to rifle, shotgun, handgun, BB-gun, pellet gun, etc.
    Violations of any terms, conditions, or restrictions contained in 
this closure order, may subject the violator to citation or arrest, 
with penalty of fine and imprisonment or both as specified by law.
    The Las Vegas Field Office sought comments for 60 days regarding 
the target shooting closure. The majority of comments came from the 
Pahrump area and Las Vegas Valley. The majority of comments were 
against the proposed target shooting closure. The BLM is closing the 
area to target shooting for public health and safety reasons. 
Residential areas are being impacted by target shooting and two new 
housing developments were recently approved in the closure area. Other 
areas nearby remain open to target shooting.
Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    This shooting closure is not a significant regulatory action and is 
not subject to review by the Office of Management and Budget under 
Executive Order 12866. This shooting closure will not have an annual 
effect of $100 million or more on the economy. It is not intended to 
affect commercial activity, but it contains rules of conduct for public 
use of certain public lands. It 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. This shooting closure will not create a 
serious inconsistency or otherwise interfere with an action taken or 
planned by another agency. This shooting closure does not materially 
alter the budgetary effects of entitlements, grants, user fees, or loan 
programs or the right or obligations of their recipients; nor does it 
raise novel legal or policy issues. It merely imposes certain rules on 
target shooting use on a limited portion of public lands in Southern 
Nevada in order to protect human health, and safety.

National Environmental Policy Act

    This shooting closure itself does 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).

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act, (RFA) 5 U.S.C. 
601-612, to ensure that Government regulations do not unnecessarily or 
disproportionately burden small entities. The RFA required a regulatory 
flexibility analysis if a rule would have a significant economic 
impact, either detrimental or beneficial on a substantial number of 
small entities. The shooting closure does not pertain specifically to 
commercial or governmental entities of any size, but to public 
recreational use of specific lands. Therefore, BLM has determined under 
the RFA that these interim supplementary rules would not have 
significant economic impact on a substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This shooting closure does not constitute a ``major rule'' as 
defined by U.S.C. 804(2). The shooting closure merely contains rules of 
conduct for target shooting use of certain public lands. The shooting 
closure has no effect on business, commercial, or industrial use of the 
public lands.

Unfunded Mandates Reform Act

    The shooting closure does 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 does it have a significant or 
unique effect on small governments. The shooting closure does 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. 1532 et seq.).

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

    The shooting closure is not a government action capable of 
interfering with constitutionally protected property rights. The 
shooting closure does not address property rights in any form, and does 
not cause the impairment of any property rights. Therefore, the 
Department of the Interior has determined that this shooting closure 
would not cause a taking of private property or require further 
discussion of takings implications under this Executive Order.

Executive Order 13132 Federalism

    The shooting closure will not have a substantial direct effect on 
the states; on the relationship between the national

[[Page 57067]]

government and the states; or on the distribution of power and 
responsibilities among the various levels of government. The shooting 
closure affects land in only one state, Nevada. Therefore, BLM has 
determined that the shooting closure 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 the shooting closure will not unduly burden the 
judicial system and that the requirements of sections 3(a) and 3(b)(2) 
of the Order are met. The shooting closure includes rules of conduct 
and prohibited acts, but they are straightforward and not confusing, 
and their enforcement should not unreasonably burden the United States 
Magistrate who will try any persons cited for violating them.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, the BLM has found that 
this shooting closure does not include policies having Tribal 
implications. The shooting closure does not affect lands held for the 
benefit of Indians, Aleuts or Eskimos.

Paperwork Reduction Action

    The shooting closure does 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. Rules 
requiring special recreation permits for certain recreational users 
will involve collection of information contained on BLM Special 
recreation Permit Form 2930-1.

    Authority: 43 CFR 8364.1.

    Dated: September 11, 2007.
Juan Palma,
Field Manager, Las Vegas Field Office.
[FR Doc. E7-19698 Filed 10-4-07; 8:45 am]
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