[Federal Register Volume 73, Number 131 (Tuesday, July 8, 2008)]
[Notices]
[Pages 39027-39031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15172]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-025-1220-PC-020F; 8-08807; TAS: 14X1109]


Final Supplementary Rules on Public Land in Humboldt, Pershing 
and Washoe Counties, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Final Supplementary Rules.

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SUMMARY: The Bureau of Land Management (BLM) Winnemucca Field Office, 
Nevada, and Surprise Field Office, California, are issuing new 
supplementary rules for the Black Rock Desert-High Rock Canyon Emigrant 
Trails National Conservation Area

[[Page 39028]]

(NCA), associated designated wilderness, and other contiguous lands as 
identified in the 2004 Resource Management Plan (RMP) and Record of 
Decision. These supplementary rules are needed to protect the area's 
natural and cultural resources and provide for public health and safety 
on public lands. These supplementary 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: These supplementary rules are effective August 7, 2008.

ADDRESSES: Bureau of Land Management, Winnemucca Field Office, Attn: 
Dave Cooper, 1500 E. Winnemucca Blvd., Winnemucca, NV 89445-2921.

FOR FURTHER INFORMATION CONTACT: Dave Cooper, NCA Manager, 775-623-
1500, e-mail [email protected].

SUPPLEMENTARY INFORMATION:

I. 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).
    During a three and a half year planning process required by the 
enabling legislation, the BLM prepared a RMP for the NCA, associated 
wilderness and other contiguous lands. The RMP contains decisions that 
include additional limitations on public use within the RMP planning 
area. These supplementary rules are necessary to implement those 
limitations.
    On November 9, 2007 the BLM published proposed supplementary rules 
for the Black Rock Desert-High Rock Canyon Emigrant Trails National 
Conservation Area, associated designated wilderness, and other 
contiguous lands in Nevada, requesting public review and comment. 72 FR 
63625.

II. Public Comment

    The comment period closed December 10, 2007. The BLM received one 
written response from a non-governmental organization. The comment was 
generally supportive of the proposed supplementary rules, but expressed 
concern about the complexity of the language and recommended brevity 
and simplicity. However the comment provided no specific examples of 
where the rules were too complex, nor were there suggestions as to 
where the proposed rules could be shortened or simplified. During the 
preparation of the RMP, the decisions which form the basis of the 
proposed rules were subject to public scrutiny and the wording was 
carefully chosen to be as clear and concise as possible.
    The comment also included two specific issues:
    (1) The comment stated, ``Damage to any vegetation should be 
prohibited in the front country zone.'' This comment is related to 
Section 1, Rule 1 of these supplementary rules: ``Unless posted or 
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.'' (emphasis added). The commenter's reasoning was that, 
because the word ``minimal'' was not defined in the proposed 
supplementary rule, visitors may view their impact on vegetation as 
minimal when in fact the damage may be significant.
    BLM Response: The term ``front country zone'' in the comment refers 
to portions of the planning area for which the RMP authorizes the 
highest levels of public use. (Section 2 of these supplementary rules 
includes a more detailed definition.) A rule prohibiting damage to 
``any'' vegetation in the front country zone (for example, the 
trampling of a single blade of grass) would effectively prohibit public 
use of any areas away from designated roads and trails in that zone.
    This result would clearly be inconsistent with the decision of the 
RMP (section 2.2.2 Decision TRAN-11) to allow vehicle parking and 
camping within the front country zone. The RMP also contains a 
statement in section 2.2.20 Decision REC-5 which notes that: ``Visitors 
will be encouraged to use existing disturbed areas for camping and 
pulling off roads and motorized trails to access camping areas, and 
will be required to leave vegetation intact.''
    In order to address the commenter's concerns, the BLM has added a 
definition of ``minimal damage to vegetation'' in section 2 of these 
supplementary rules to better clarify the intent of the rule while 
still providing for reasonable public uses of the area. The added 
definition states: ``Minimal Vegetation Damage: Crushing by foot or 
vehicle tires or the physical removal with hand tools of herbaceous 
vegetation or woody vegetation less than 18 inches tall necessary for 
the parking of one or more motorized vehicles, establishment of a 
campsite, or providing for a safe campfire. The physical removal or 
damage of woody vegetation taller than 18 inches is considered more 
than minimal damage.''
    (2) The comment stated, ``Collecting of plants, rocks, or other 
items should be discouraged in the front country zone.''
    BLM Response: Rules 3 and 4 under Section 1 are related to 
collection of rocks and fossils:
    Rule 3: ``You must not collect petrified wood, common invertebrate 
fossils, rocks or minerals with motorized equipment.''
    Rule 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.''
    The front country zone encompasses about 121,245 acres of the RMP 
planning area. Approximately 88 percent of this area is associated with 
the barren playa of the Black Rock Desert. The remaining portions of 
the front country zone are areas adjacent to the playa or very small 
areas near Massacre Ranch, Stevens Camp and the Soldier Meadows hot 
springs. The front country zone is not known for rocks, petrified wood 
or invertebrate fossils sought by collectors. For this reason, the BLM 
does not see a need to further restrict the collection of rock or 
fossils in the front country zone.
    The BLM has also determined that the RMP, and the definition of 
``Minimal Damage to Vegetation'' in these supplementary rules, 
adequately addresses the collection of plants in the front country 
zone. The most common type of collection of vegetative matter that 
occurs within the front country zone is firewood collection associated 
with removal of brush within short distances of campsites. The 
collection of plants associated with botanical research or removal of 
plants for horticultural use is very limited within the entire planning 
area.
    The RMP in sections 2.2.20 contains decisions related to the 
collection of plant materials and camping within the front country 
zone:
    Decision REC-19 (2.2.20) states: ``Cutting of green or standing 
trees in the planning area will be prohibited, and wood collection may 
be further restricted in sensitive habitat areas or where resources 
have been depleted.''
    Decision REC-6 establishes that camping within the front country 
zone will only be allowed at designated sites.
    Decision REC-7 provides that where monitoring data shows that 
camping is causing resource damage, camping can be restricted or 
eliminated. These two decisions give the BLM control over

[[Page 39029]]

where visitors camp within the front country zone, and the ability to 
eliminate or restrict camping where resource impacts, including over 
collection of firewood, might occur in the future. Moreover, these 
supplementary rules prohibit the physical removal or damage of woody 
vegetation taller than 18 inches, and the collection of more wood than 
is necessary for a safe campfire. The BLM sees no need to further 
restrict the collection of plants in the front country zone.

III. Discussion of Rules

    These supplementary rules 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. The BLM 
has determined these supplementary 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 
supplementary 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 these supplementary rules make reference to designated 
camping areas, routes, trails and management zones. Those designations 
were developed as part of the collaborative resource management 
planning process for the NCA, 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 rules apply, which is 
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 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 supplementary rules will result in an 
annual cost of much less than $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 supplementary rules 
will not create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency. These 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. A comment was received stating 
that the proposed supplementary rules were too complex and encouraged 
brevity and simplicity. However, the commenter did not suggest where 
the rules were too complex or suggest ways they could be simplified. 
The commenter did point out that the word ``minimal'' in one rule was 
not defined and that lack of a definition could lead to confusion among 
visitors, and could result in damage to vegetation. As a result of that 
comment, the BLM added a definition of ``minimal vegetation damage'' to 
the final rule.

National Environmental Policy Act

    The 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 
substance of these supplementary rules. The pertinent analysis can be 
found 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, 
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 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 supplementary rules pertain 
to recreational use of specific public lands, and do not affect 
commercial or governmental entities of any size. Therefore, the BLM has 
determined under the RFA that these supplementary rules will not have a 
significant economic impact on a substantial number of small entities, 
and do not necessitate preparation of a regulatory flexibility 
analysis.

Small Business Regulatory Enforcement Fairness Act

    These supplementary rules do not constitute a ``major rule'' as 
defined at 5 U.S.C. 804(2). They will 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 will 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

    The Unfunded Mandates Reform Act (UMRA), 2 U.S.C. 1501 et. seq., 
requires an assessment of unfunded mandates on state, local or tribal 
governments. These supplementary rules do not impose any unfunded 
mandate on state, local, or tribal governments, in the aggregate, or 
the private sector, of more than $100 million per year. The rules also 
will not have a significant or unique effect on small governments. They 
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, the 
BLM is not required to prepare a statement containing the information 
required by the UMRA.

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

    These supplementary rules are not a government action capable of 
interfering with constitutionally protected property

[[Page 39030]]

rights. The rules will have no effect on private lands or property. 
Therefore, the BLM has determined that these supplementary rules will 
not cause a taking of private property or require preparation of a 
takings assessment under this Executive Order.

Executive Order 13132, Federalism

    These 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. These supplementary rules will have 
little or no effect on state or local government. Therefore, in 
accordance with Executive Order 13132, the BLM has determined that 
these 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, the BLM has determined that these 
supplementary rules will 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 these supplementary rules 
are designed to enforce. Therefore, in accordance with Executive Order 
13175, the BLM has found that these supplementary rules do 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.

Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    These supplementary rules do not comprise a significant energy 
action. They will not have an adverse effect on energy supplies, 
production, or consumption. They address recreational use of specific 
public lands, and have no connection with energy policy.
Author
    The author of these supplementary rules is Dave Cooper, Bureau of 
Land Management, Winnemucca Field Office.
    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 establishes 
the following supplementary rules on all public lands within the Black 
Rock Desert-High Rock Canyon Emigrant Trails National Conservation Area 
and Associated Wilderness, and Other Contiguous Lands in Nevada 
Resource Management Plan (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 posted or 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, 
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, unless campsites are designated by the 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 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 the purpose 
or apparent purpose of overnight occupancy.
    Camp with a vehicle--Parking of a motor vehicle, motor home, or 
trailer for the purpose or apparent purpose of overnight occupancy 
within one-fourth mile of the parked vehicle, motor home, or trailer.
    Common invertebrate fossil--Any fossilized marine life form without 
a spinal column, including but not limited to snails, corals, diatoms, 
and clams.
    Designated site--Specific location identified by the 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

[[Page 39031]]

designated motorized road or motorized trail.
    Management zone--The three administrative designations (Front 
Country, Rustic, and Wilderness) 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.
    Minimal vegetation damage--rushing by foot or vehicle tires or the 
physical removal with hand tools of herbaceous vegetation or woody 
vegetation less than 18 inches tall necessary for the parking of one or 
more motorized vehicles, establishment of a campsite, or providing for 
a safe campfire. The physical removal or damage of woody vegetation 
taller than 18 inches is considered more than minimal damage.
    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 and webbing.
    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 for the purpose of 
preventing fire scars on the surface of the Black Rock Desert playa.
    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.
    Water hole--Any source of drinking water for livestock, wildlife, 
wild horses, and burros including but not limited to wildlife guzzlers, 
stock tanks, watering troughs, natural springs, and seeps.

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).

    Authority: 43 U.S.C. 1740 and 43 CFR 8365.1-6.

    Dated: May 9, 2008.
Ron Wenker,
BLM State Director, Nevada.
    Dated: May 7, 2008.
Mike Pool,
BLM State Director, California.
[FR Doc. E8-15172 Filed 7-7-08; 8:45 am]
BILLING CODE 4310-HC-P