[Federal Register Volume 72, Number 217 (Friday, November 9, 2007)]
[Notices]
[Pages 63625-63628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-22001]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-025-1220-PC; 8-08807]


Notice of Proposed Supplementary Rules on Public Land in Nevada

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed supplementary rules for certain public lands managed 
by the Bureau of Land Management, Black Rock Desert-High Rock Canyon 
Emigrant Trails National Conservation Area, associated congressionally-
designated wilderness and other contiguous lands, in Humboldt, Pershing 
and Washoe counties, Nevada.

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SUMMARY: The Bureau of Land Management (BLM) Winnemucca Field Office, 
Nevada, and Surprise Field Office, California, are proposing 
supplementary rules for the Black Rock Desert-High Rock Canyon Emigrant 
Trails National Conservation Area (NCA), associated designated 
wilderness, and other contiguous lands as identified in the Resource 
Management Plan (RMP) and Record of Decision. The rules are needed in 
order to protect the area's natural and cultural resources and provide 
for public health and safety on public lands. These rules do not 
propose or implement any land use limitation or restrictions other than 
those limitations or restrictions included within the decisions in the 
RMP or allowed for by existing law or regulation.

DATES: Comments on the proposed supplementary rules must be received or 
postmarked by December 10, 2007 to be assured consideration. In 
developing final supplementary rules, BLM need not consider comments 
postmarked or received in person or by electronic mail after this date.

ADDRESSES: Bureau of Land Management, Winnemucca Field Office, Attn: 
Dave Cooper, 1500 E. Winnemucca Blvd., Winnemucca, NV 89445-2921.
    Internet e-mail: [email protected].

[[Page 63626]]


FOR FURTHER INFORMATION CONTACT: Dave Cooper, NCA Manager, Winnemucca 
Field Office, 1500 E. Winnemucca Blvd., Winnemucca, NV 89445-2921, 
telephone 775-623-1500.

SUPPLEMENTARY INFORMATION:

I. Procedures for Submitting Comments

    Comments on the proposed supplementary rules should be specific, 
should be confined to issues pertinent to the proposed supplementary 
rules and should explain the reason for any recommended change. Where 
possible, comments should reference the specific section or paragraph 
of the proposal addressed. Comments received after the close of the 
comment period (see DATES) or delivered to an address other than those 
listed above (see ADDRESSES) may not be considered or included in the 
administrative record for the final rule.
    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

II. Background

    The Black Rock Desert-High Rock Canyon Emigrant Trails National 
Conservation Area and associated wilderness was created by Congress on 
December 21, 2000 (Pub. L. 106-554).
    BLM has already completed substantial public participation and 
coordination during the development of the collaborative RMP for the 
NCA, associated wilderness, and other contiguous lands in Nevada. This 
public participation included the following: Eight scoping and 
collaborative planning workshops; five public comment meetings; ten 
Resource Advisory Council subgroup meetings; six meetings with the 
State of Nevada Black Rock Planning team; eight tribal consultation 
meetings with six different Indian tribes; and receipt and analysis of 
some 4,529 comments. Therefore, BLM is limiting the public comment 
period for these proposed supplementary rules to 30 days as a result of 
this extensive outreach.

III. Discussion of Proposed Supplementary Rules

    These supplementary rules will apply to the public lands within the 
boundary of the planning area for the Black Rock Desert-High Rock 
Canyon Emigrant Trails National Conservation Area, associated 
wilderness, and other contiguous lands as set forth in the RMP. BLM has 
determined these rules to be necessary to protect the area's natural 
and cultural resources, to provide for public health and safety, reduce 
user conflict, enhance the experience of the visitor, and reduce the 
potential for damage to the environment. These rules do not propose or 
implement any land use limitations or restrictions other than those 
limitations or restrictions included within the decisions in the RMP or 
allowed for by existing law or regulation.
    Some of the proposed supplementary rules make reference to 
designated camping areas, routes and trails, management zones, etc. 
Those designations were developed as part of the collaborative resource 
management planning process for the NCA, and associated wilderness, and 
other contiguous lands in Nevada, which resulted in adoption of the 
plan in July 2004. A map showing the lands to which these proposed 
supplementary rules will apply, all lands within the planning area, can 
be found in the RMP at Section 1.3 and as shown at Map 1.1, or can be 
obtained at the address listed above.

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, 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 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 impose rules of conduct and impose other 
limitations on certain recreational activities within the NCA, 
associated wilderness, and other contiguous lands in Nevada to protect 
natural and cultural resources and human health and safety.

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 prepared an environmental impact statement as part of the 
development of the RMP. During that National Environmental Policy Act 
process, many proposed decisions were fully analyzed, including the 
rules that will be made enforceable by implementation of each of these 
supplemental rules. These rules were analyzed in Chapter 2, 
Alternatives, of the Proposed Resource Management Plan and Final 
Environmental Impact Statement for the Black Rock Desert-High Rock 
Canyon Emigrant Trails National Conservation Area (NCA) and Associated 
Wilderness, and Other Contiguous Lands in Nevada published in September 
2003. The Record of Decision for the RMP was signed by the BLM State 
Directors of Nevada and California on July 15, 2004. These 
supplementary rules provide for enforcement of plan decisions. The 
rationale for the decisions made in the plan is fully covered in the 
EIS. The EIS is available for review in the BLM administrative record 
at the address specified in the ADDRESSES section.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act of 1980 (RFA), as 
amended, 5 U.S.C. 601-612, to ensure

[[Page 63627]]

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 little or no economic 
effect on entities of whatever size. They would impose reasonable 
restrictions on certain recreational activities in the NCA, associated 
wilderness and contiguous lands to protect natural and cultural 
resources, the environment, and human health and safety. Therefore, BLM 
has determined under the RFA that these proposed supplementary rules do 
not require preparation of a regulatory flexibility analysis.

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, 
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 in the NCA, associated 
wilderness and contiguous lands to protect natural and cultural 
resources, the environment, and human health and safety.

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 more than $100 million per year. The proposed 
supplementary rules also would not have a significant or unique effect 
on small governments. They would impose reasonable restrictions on 
certain recreational activities in the NCA, associated wilderness, and 
contiguous lands to protect natural and cultural resources, the 
environment and human health and safety. 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 proposed supplementary rules are not a government action 
capable of interfering with constitutionally protected property rights. 
The proposed supplementary rules would have no effect on private lands 
or property, other than property that is abandoned. Therefore, the BLM 
has determined that the rule would not cause a taking of private 
property or require preparation of a takings assessment under this 
Executive Order.

Executive Order 13132, Federalism

    The proposed supplementary rules would 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 proposed 
supplementary rules would have little or no effect on state or local 
government. Therefore, in accordance with Executive Order 13132, BLM 
has determined that these proposed supplementary rules do not have 
sufficient Federalism implications to warrant preparation of a 
Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, BLM determined that these proposed 
supplementary rules would not unduly burden the judicial system and 
that they meet the requirements of sections 3(a) and 3(b)(2) of the 
Order.
    Executive Order 13175, Consultation and Coordination with Indian 
Tribal Governments: These supplementary rules provide for enforcement 
of decisions adopted in the Record of Decision and thoroughly analyzed 
in the EIS prepared for the Black Rock Desert-High Rock Canyon Emigrant 
Trails National Conservation Area associated wilderness, and other 
contiguous lands in Nevada. During preparation of the EIS, government-
to-government consultation was conducted with the six tribal 
governments with interests in the affected area. None of these tribal 
governments expressed concerns regarding the decisions the proposed 
supplementary rules are designed to enforce. Therefore, in accordance 
with Executive Order 13175, BLM has found that these proposed 
supplementary rules do not include policies that have tribal 
implications.

Paperwork Reduction Act

    These proposed 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.

Proposed Supplementary Rules for the Black Rock Desert--High Rock 
Canyon Emigrant Trails National Conservation Area and Associated 
Wilderness, and Other Contiguous Lands in Nevada

    Under 43 CFR 8365.1-6, the Bureau of Land Management proposes to 
establish the following rules on all public lands within the RMP 
boundary as shown in the RMP at Section 1.3 and as shown at Map 1.1, 
RMP Reference Map.

Section 1, Prohibited Acts/Rules

    1. Unless otherwise prohibited, you may pull off designated roads 
and trails a maximum of 50 feet from the center of the road/trail for 
parking or camping if damage to vegetation will be minimal and new 
parallel roads will not be created.
    2. You must not possess, destroy, deface, dig, or remove petrified 
wood, common invertebrate fossils, rocks or minerals without a permit 
in an area otherwise closed to collecting these resources.
    3. You must not collect petrified wood, common invertebrate 
fossils, rocks or minerals with motorized equipment.
    4. You must not collect more than 25 pounds per day plus one piece, 
with a maximum collection of 250 pounds per year, of petrified wood. 
Similar limits apply to each of the following: Common invertebrate 
fossils, rocks, and minerals.
    5. You must not rock climb within the boundaries of the High Rock 
Canyon Area of Critical Environmental Concern (ACEC).
    6. You must not camp with a vehicle anywhere other than in 
designated sites in the following areas: High Rock Canyon ACEC, the 
Lahontan Cutthroat Trout Area, Class A and B trail segments of the 
Emigrant Trails, Stevens Camp, Trego Hot Springs, Massacre Ranch and 
Mud Meadows areas, and the Front Country Management zone with the 
exception of the Black Rock Desert playa.
    7. You must not build, maintain or use a campfire on the Black Rock 
Desert playa or adjacent dune areas without the use of a surface 
protecting device.
    8. You must not camp outside designated sites within the Soldier 
Meadows ACEC.
    9. You must not camp within 100 yards of a water hole in such a 
manner that wildlife or domestic stock will be denied access to such 
water hole, unless campsites are designated by BLM within this 100-yard 
area.
    10. An authorization by the authorized officer, whether by permit 
or other written means to use public lands in the NCA, associated 
wilderness, and

[[Page 63628]]

other contiguous lands, may contain reasonable restrictions necessary 
to preserve and protect public lands and their resources, and to 
minimize interference with and inconvenience to other visitors. You 
must follow the terms, conditions, and stipulations of your 
authorization.

Section 2, Definitions

    Camping--Erecting a tent or a shelter of natural or synthetic 
material, preparing a sleeping bag or other bedding material for use, 
or parking of a motor vehicle, motor home, or trailer for overnight 
occupancy.
    Common invertebrate fossil--Any fossilized marine life form without 
a spinal column, including snails, corals, diatoms, fusulinds, and 
clams.
    Designated site--Specific location identified by BLM for camping or 
other purposes.
    Designated roads and trails--Roads and trails open to motorized 
vehicle use and identified on a map of designated roads and trails that 
is maintained and available for public inspection at the Winnemucca 
Field Office, Winnemucca, Nevada and the Surprise Field Office, 
Cedarville, California. Designated roads and motorized trails are open 
to public use in accordance with such limits and restrictions as are or 
may be specified in the RMP or in future decisions implementing the 
RMP. However, any road or trail with any restrictive signing or 
physical barrier, including gates, posts, branches, or rocks intended 
to prevent use of the road or trail is not a designated motorized road 
or motorized trail.
    Management zone--The three administrative designations into which 
the NCA, associated wilderness, and contiguous lands have been divided 
for management purposes as depicted on the Visitor Use Management Zones 
Map (RMP, map 2-13). Each management zone has a unique set of 
objectives and management decisions as described below.
    Front country zone--A management zone encompassing those lands that 
are intended to be the focal point for visitation where visitor 
accommodations would be made to provide primary interpretation, 
overlooks, trails, and associated facilities necessary to highlight 
resources and features of the NCA.
    Rustic zone--Those lands that are intended to provide an 
undeveloped, primitive, and self-directed visitor experience while 
accommodating motorized and mechanized access on designated routes, and 
where facilities are rare and provided only where essential for 
resource protection.
    Wilderness zone--Those lands that are intended to provide an 
undeveloped, primitive, and self-directed visitor experience without 
motorized or mechanized access and where facilities are nonexistent.
    Motorized equipment--Any machine that uses or is activated by a 
motor, engine, or other non-living power source.
    Motorized vehicle--Any vehicle that is self-propelled by a non-
living power source, including electric power, but not operated upon 
rails or upon water.
    Rock climbing--Ascending or descending a rock face using rope and 
devices such as pitons, bolts, chocks, camming devices, webbing, etc.
    Surface protecting device--A device to prevent campfires from 
coming into direct contact with the ground surface, such as an elevated 
platform, open grill, fire blanket, or fire pan. No scars should be 
visible after the fire has been extinguished.
    Vehicle--Every device in, upon, or by which a person or property is 
or may be transported or drawn on land, except devices used exclusively 
upon stationary rails or track.
    Vehicle camping--Parking of a motor vehicle, motor home, or trailer 
for the purpose of overnight occupancy within one-fourth mile of the 
parked vehicle, motor home, or trailer.
    Water hole--Any spring, seep, or other water source used by 
wildlife or domestic stock.

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 and 8365.1-6, violation 
of any of these supplementary rules on public lands within the 
boundaries established in the rules, may result in a trial before a 
United States Magistrate and may be punishable by a fine of no more 
than $1,000, or imprisonment for no more than 12 months, or both. Such 
violations may also be subject to the enhanced fines provided by 18 
U.S.C. 3571(b)(5).

    Dated: July 2, 2007.
Ron Wenker,
BLM State Director, Nevada.
    Dated: July 16, 2007.
Mike Pool,
BLM State Director, California.

    Editorial Note: This document was received at the Office of the 
Federal Register on November 6, 2007.
[FR Doc. E7-22001 Filed 11-8-07; 8:45 am]
BILLING CODE 4310-HC-P