[Federal Register Volume 78, Number 30 (Wednesday, February 13, 2013)]
[Notices]
[Pages 10206-10209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03282]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[L12200000.MV0000/LLCAC05000]


Notice of Final Supplementary Rules for Public Lands Managed by 
the Ukiah Field Office in Lake, Sonoma, Mendocino, Glenn, Colusa, Napa, 
Marin, Yolo and Solano Counties, CA

AGENCY: Bureau of Land Management, Interior.

ACTION: Final supplementary rules.

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SUMMARY: In accordance with the Record of Decision (ROD) for the Ukiah 
Field Office Approved Resource Management Plan (RMP), the Bureau of 
Land Management (BLM) is establishing final supplementary rules. The 
Final Environmental Impact Statement (EIS) identified and thoroughly 
analyzed the effects of land use limitations and restrictions, and 
specified that supplementary rules would be required for resource 
protection and visitor safety. Upon publication, these final 
supplementary rules will supersede the interim final supplementary 
rules that apply to public lands within the Ukiah Field Office's 
jurisdiction. The BLM has determined that these final supplementary 
rules are necessary to enhance visitor safety, protect natural 
resources, improve recreation opportunities, and protect public health. 
These rules do not impose or implement any land use limitations and 
restrictions other than those included within the Ukiah RMP.

DATES: The final supplementary rules are effective February 13, 2013.

ADDRESSES: Bureau of Land Management, Ukiah Field Office, 2550 North 
State Street, Ukiah, CA 95482. The final supplementary rules are 
available for inspection at the Ukiah Field Office and on the Ukiah 
Field Office Web page (http://www.blm.gov/ca/st/en/fo/ukiah.html).

FOR FURTHER INFORMATION CONTACT: Jonna Hildenbrand, Bureau of Land 
Management, Ukiah Field Office, 2550 North State Street, Ukiah, 
California 95482, 707-468-4024, or email [email protected].

SUPPLEMENTARY INFORMATION:

I. Background
II. Public Comment and Discussion of Final Supplementary Rules
III. Procedural Matters

I. Background

    The BLM is establishing these final supplementary rules under the 
authority of 43 CFR 8365.1-6, which allows BLM State Directors to 
establish supplementary 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. These final supplementary rules apply to 
public lands managed by the Ukiah Field Office in Lake, Sonoma, 
Mendocino, Glenn, Colusa, Napa, Marin, Yolo, and Solano Counties of 
California. Maps of the management areas and boundaries can be obtained 
by contacting the Ukiah Field Office (see ADDRESSES) or by accessing 
the following Web site http://www.blm.gov/ca/st/en/fo/ukiah. The final 
supplementary rules will be available for inspection at the Ukiah Field 
Office http://www.blm.gov/ca/st/en/fo/ukiah.

II. Public Comment and Discussion of Final Supplementary Rules

    The BLM published interim final supplementary rules on June 2, 2011 
(76 FR 31979). The rules became effective immediately upon publication 
with the BLM having set forth good cause for such in the preamble 
language, which detailed unsafe target shooting practices, resource 
degradation, and the presence of critical habitat. The BLM invited 
public comments on the interim rules for 60 days. The comment period 
closed on August 1, 2011. No comments were received during this period.
    The final supplementary rules have been clarified, mapping efforts 
explained, definitions refined, and typographical and grammatical 
errors corrected. In Sections 2 and 3, all references to ``interim 
final supplementary rules of conduct'' and ``interim supplementary 
rules'' have been deleted and, in appropriate instances, have been 
replaced with text indicating that these are now final supplementary 
rules.

III. 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 the Office of

[[Page 10207]]

Management and Budget under Executive Order 12866. These supplementary 
rules will not have an annual effect of $100 million or more on the 
economy or 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 
final 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 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. These rules merely contain rules of conduct for public 
use of a limited portion of the public lands in California in order to 
provide protection for human health, safety, and the environment.

National Environmental Policy Act

    The BLM prepared a draft and final EIS on the RMP and has 
determined that the rules would 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 (NEPA), 42 
U.S.C. 4332(2)(C). The final supplementary rules, limitations, and 
associated effects were thoroughly analyzed under NEPA in the draft and 
final EIS for the Ukiah RMP as well as in various environmental 
assessments for activity-level plans adopted in the Ukiah RMP. The 
draft EIS was published in the Federal Register and posted on the Ukiah 
Field Office Web site for a 90-day period from September 16, 2005, 
through December 15, 2005. The proposed RMP and final EIS were 
published in the Federal Register and posted on the Ukiah Field Office 
Web site for a 30-day protest period from June 30, 2006, through July 
30, 2006. The final EIS and ROD are on file and available to the public 
at the address specified in ADDRESSES. The final EIS and ROD are online 
at the Web site specified in ADDRESSES.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act (RFA) of 1980, 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 merely 
establish rules of conduct for public recreational use of a limited 
area of public lands. Therefore, the BLM has determined under the RFA 
that these supplementary rules would not have a significant economic 
impact on a substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    These supplementary rules do not constitute a ``major rule'' as 
defined at 5 U.S.C. 804(2). These supplementary rules merely contain 
rules of conduct for recreational use of a limited area of public lands 
and do not affect commercial or business activities of any kind.

Unfunded Mandates Reform Act

    These supplementary rules do not impose an unfunded mandate on 
State, local, or tribal governments, in the aggregate, or on the 
private sector, of $100 million or more per year; nor do they have a 
significant or unique effect on small governments. The supplementary 
rules have no effect on State, local, or tribal governments and do not 
impose any requirements on any of these entities. Therefore, the 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.).

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

    These supplementary rules are not government action capable of 
interfering with constitutionally protected property rights. These 
supplementary rules do not address property rights in any form, and do 
not cause the impairment of one's property rights. Therefore, the BLM 
has determined that these supplementary rules would not cause a 
``taking'' of private property or require further discussion of takings 
implications 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 affect land 
in only one State, California, and do not conflict with any California 
State law or regulation. 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

    In accordance with Executive Order 13175, the BLM has found that 
these supplementary rules do not include policies that have tribal 
implications. The supplementary rules do not affect lands held for the 
benefit of Indians, Aleuts, or Eskimos, Indian resources, or tribal 
property rights. To comply with Executive Orders regarding government-
to-government relations with Native Americans, formal and informal 
contacts were made with 26 federally recognized and 2 non-recognized 
tribal governments with interests in the affected area. The tribes were 
provided with a copy of the draft RMP. In addition, the BLM contacted 
each tribe directly requesting comments and assessing the need for a 
tribal briefing. The tribes expressed no concerns about the RMP or the 
decisions related to these supplementary rules.

Information Quality Act

    The Information Quality Act (Section 515 of Pub. L. 106-554) 
requires that Federal agencies maintain adequate quality, objectivity, 
utility, and integrity of the information that they disseminate. In 
developing these supplementary rules, the BLM did not conduct or use a 
study, experiment, or survey or disseminate any information in 
developing these supplementary rules.

Executive Order 13211, Effects on the Nation's Energy Supply

    These supplementary rules are not a significant energy action, as 
defined in Executive Order 13211. The rules will not have a significant 
adverse effect on the supply, distribution, or use of energy and have 
no connection with energy policy.

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, 44 U.S.C. 3501 et seq.

[[Page 10208]]

Author

    The principal author of these supplementary rules is Rich Burns, 
Field Manager, Ukiah Field Office.
    For the reasons stated in the preamble and under the authority for 
supplementary rules found in 43 CFR 8365.1-6, the California State 
Director, Bureau of Land Management, issues these supplementary rules, 
effective upon publication for good cause shown at 76 FR 31980 (June 2, 
2011) for public lands managed by the Ukiah Field Office to read as 
follows:
Supplementary Rules for all the Public Lands Within the Jurisdiction of 
the Ukiah Field Office
Section 1. Definitions
    Camping means the use of tents or shelters of natural or synthetic 
material, preparing a sleeping bag or other bedding material for use, 
or mooring of a vessel, or parking a vehicle or trailer for the 
apparent purpose of overnight occupancy.
    Cave Resource means any material or substance occurring naturally 
in caves on Federal lands, such as animal or plant material, 
paleontological deposits, sediments, minerals, speleogens (bedrock 
formations), and speleothems (secondary mineral deposits).
    Cliff means a very steep, vertical or overhanging face of rock or 
earth.
    Climbing means all gear-assisted and non-gear assisted ascent or 
descent, especially by using both hands and feet.
    Firearm means any device designed to be used as a weapon, from 
which a projectile by the force of an explosion or other form of 
combustion is expelled through a barrel.
    Fireworks means a device for producing a striking display or noise 
by the combustion of explosive or flammable compositions including 
those that are defined as legal for sale within the State of 
California, also known as ``safe and sane'' fireworks.
    Frontcountry is a Recreation Opportunity Spectrum (ROS) designation 
that means an area that represents a broad mix of uses.
    Hang Gliding and Paragliding means the use of all non-motorized, 
foot-launched aircraft.
    Hunting means the pursuit of game by any person in possession of a 
current legal California hunting license in accordance with State law.
    Motorized Vehicle means any vehicle that is self-propelled or 
propelled under the California Vehicle Code Section 415 and Section 
670.
    Middlecountry is an ROS designation that means an area generally 
with naturally appearing landscape except for primitive roads (dirt or 
graveled surface roads). Trails are maintained and marked with simple 
trailhead developments, signs and basic sanitation facilities.
    Off-Highway Vehicle (OHV) means any motorized vehicle capable of, 
or designed for, travel on or immediately over land, water, or other 
natural terrain, not excluded by 43 CFR 8340.0-7(a).
    Open Fire means all fire with an exposed flame such as wood fires, 
campfires, charcoal barbecues, or camp stoves outside of fire rings, 
which are located in designated developed recreational sites.
    Projectile means any bullet, ball, sabot, slug, buckshot, arrow, or 
other object that is propelled from a device.
    Recreation Opportunity Spectrum (ROS) means a method of 
inventorying existing physical and social conditions.
    Shooting means the discharge of a weapon for non-hunting purposes.
    Sink Hole means a natural depression or hole in surface topography 
caused by the removal of soil or bedrock by water.
    Street Legal Vehicle means any vehicle subject to registration 
under the California Vehicle Code (Section 4000(a)).
    Weapon means any firearm, crossbow, bow and arrow, air or gas 
paintball gun, fireworks or explosive device capable of propelling a 
projectile by means of an explosion, compressed air, string, or spring.
Section 2. Rules of Conduct
    The following rules apply year round to all BLM lands managed by 
the Ukiah Field office and persons unless explicitly stated otherwise 
in a particular rule. Specific rules for individual management areas 
are identified in subparts b, c and d. Additionally, the following 
persons are exempt from these supplementary rules: Federal, State, or 
local officers or employees acting within the scope of their official 
duties; members of any organized rescue or firefighting force in 
performance of an official duty; and any person whose activities are 
authorized in writing by the BLM Authorized Officer.
    a. The following rules apply to all public lands within the Ukiah 
Field Office jurisdiction.
    1. All lands managed by the Ukiah Field Office, with the exception 
of wilderness study areas, are designated as limited to designated 
routes for motorized and off-highway vehicle use (43 CFR 8340.0-5(g)).
    2. All routes are closed to motorized vehicles unless designated as 
open within the Resource Management Plan.
    3. The use or possession of fireworks is prohibited.
    4. Hunting is allowed except where specifically prohibited.
    5. Management areas and ROS zones within the management areas will 
be delineated on maps provided to the public.
    b. The following rules apply to all designated Scattered Tracts 
Management Areas within the jurisdiction of the Ukiah Field Office.
    Scattered tracts are BLM lands that are covered by the Resource 
Management Plan but are not contiguous to any other management area. 
These tracts are mostly small parcels of public land surrounded by 
private property making them inaccessible to the public. Scattered 
tracts total approximately 47,000 acres and are found in every county 
containing public lands within the Ukiah Field Office jurisdiction. The 
use of weapons is prohibited except when hunting.
    c. The following rules apply to all designated Areas of Critical 
Environmental Concern (ACEC) and Research Areas within the jurisdiction 
of the Ukiah Field Office.
    It is prohibited to deface, remove, or destroy plants or their 
parts, soil, rocks, minerals, or cave resources within the following 
areas: Lost Valley--40 acres (Cow Mountain Management Area, Mendocino 
County); Knoxville--5,236 acres (Knoxville Management Area, Lake 
County); Walker Ridge--3,685 acres (Indian Valley Management Area, Lake 
and Colusa Counties); Indian Valley Brodiaea--100 acres (Indian Valley 
Management Area, Lake County); Cache Creek--11,228 acres (Cache Creek 
Management Area, Lake, Colusa, and Yolo counties); Northern California 
Chaparral Research Area--11,206 acres (Cache Creek Management Area, 
Lake County); Cedar Roughs Research Natural Area--6,350 acres 
(Scattered Tracts Management Area, Napa County); Stornetta--887 acres 
(Stornetta Management Area, Mendocino County); Black Forest--247 acres 
(Scattered Tracts Management Area, Lake County); and The Cedars of 
Sonoma County--1,500 acres (Scattered Tracts Management Area, Sonoma 
County).
    d. The following rules apply to Cache Creek, Cow Mountain, 
Knoxville, Geysers, Indian Valley, and Stornetta Management Areas and 
The Black Forest and The Cedars of Sonoma County within the 
jurisdiction of the Ukiah Field Office.
Cache Creek Management Area
    Cache Creek encompasses approximately 73,000 acres of public

[[Page 10209]]

land. It includes the Cache Creek Natural Area, Cache Creek ACEC and 
the Cache Creek Wilderness Area. Cowboy Camp is a developed recreation 
site there with a day use area, an overnight parking area, and a group 
camp site. High Bridge is a developed recreation site there with a day 
use area and overnight parking area.
    1. Use of weapons is prohibited except when hunting.
    2. Defacing, removing, or destroying plants or their parts, soil, 
rocks, minerals, or cave resources are prohibited.
    3. Motorized and Street Legal Vehicles and horses are allowed in 
the Cowboy Camp group camp site from the third Saturday in April 
through the third Saturday in November.
    4. Camping is limited to the group camp site within the cowboy camp 
developed recreation site.
    5. High Bridge and Cowboy Camp developed recreation sites are open 
for day use only from one-half hour before sunrise to one-half hour 
after sunset except for long-term parking for overnight backcountry 
visitors.
Cow Mountain Management Area
    Cow Mountain is comprised of approximately 51,000 acres of public 
lands and is divided into North and South Cow Mountain. The use of 
weapons is limited to designated shooting areas except when hunting.
South Cow Mountain OHV (Portion) of Cow Mountain Management Area
    1. Operating a motorized vehicle is prohibited within South Cow 
Mountain OHV unit during wet weather closures (resulting from 
accumulated precipitation) or administrative closures.
    2. Wet Weather Closure--When total annual (beginning and measured 
as of October 1st of each year) precipitation exceeds 4 inches, at 
least one-half inch of precipitation has fallen in 24 hours or 1 inch 
in 72 hours, and the authorized officer has determined that motorized 
vehicles will cause considerable adverse effects upon the soil, 
vegetation, wildlife, and other resources, the authorized officer, 
pursuant to 43 CFR 8341.2, will implement a temporary closure of all 
existing roads, existing trails and public lands within the management 
area to all motorized vehicles for a minimum of 3 days. Once the area 
has been closed, a field inspection will be completed prior to 
reopening and daily thereafter to determine suitability of road and 
trail conditions. When field observations show that motorized vehicle 
use can occur without causing considerable adverse effects as described 
in 43 CFR 8341.2, the temporary closure will be terminated. Exceptions 
to this temporary closure will only be allowed for valid existing 
rights (private landowners, landowners' representatives, lessees, and/
or authorized parties) who need access to their property. Landowners, 
landowners' representatives, lessees, and/or authorized parties will 
only be able to access their property via the most direct route and are 
not allowed to use a motorized vehicle on any other part of the South 
Cow Mountain OHV Area. This policy is subject to modification due to 
changing resource conditions which may include immediate closure due to 
adverse effects (43 CFR 8341.2).
North Cow Mountain (Portion) of Cow Mountain Management Area
    1. The Mendo-Rock Road, Water Tank Spur, Willow Creek Road, Rifle 
Range Road, Radio Tower Road, Rifle Range Maintenance Spur, and 
Mayacmas Campground Road are open year round and limited to street 
legal vehicles only.
    2. Roads open during general (rifle) deer season and limited to 
street legal vehicles only are Firebreak 1, McClure Creek 
Ridge Spur, McClure Creek Spur, Sulphur Creek Spur, and Sulphur Creek 
Ridge Spur.
    3. All other roads are closed year round to street legal, off-
highway and motorized vehicles.
Knoxville Management Area
    The Knoxville area contains approximately 24,000 acres of public 
lands.
    1. Use of weapons is prohibited except when hunting.
    2. Adams Ridge Road is open to street legal vehicles during general 
(rifle) deer season.
Geysers Management Area
    The Geysers Management Area encompasses about 7,100 acres of public 
lands.
    Shooting is allowed in ROS zone Middlecountry.
Indian Valley Management Area
    Shooting is allowed in ROS zones Middlecountry and Frontcountry.
Black Forest/The Cedars of Sonoma County Lands
    Black Forest includes 247 acres of public lands on Mount Konocti 
just south of Soda Bay on Clear Lake.
    The Cedars of Sonoma County includes 1,500 acres of public lands 
and is located 2 miles northeast of the Austin Creek State Recreation 
Area.
    1. Motorized and off-highway vehicle use is prohibited.
    2. Climbing on the cliffs is prohibited.
    3. Use of weapons is prohibited except when hunting.
Stornetta Management Area
    The 1,132-acre Stornetta Management Area is located along the 
Mendocino County coastline just north of the town of Point Arena.
    1. Use of weapons is prohibited.
    2. Hunting is prohibited.
    3. Hang gliding or paragliding is prohibited.
    4. Camping is prohibited.
    5. The area is open for day use only from one-half hour before 
sunrise to one-half hour after sunset.
    6. Use of motorized vehicles is prohibited.
    7. Beach access is permitted only at the designated access trails 
marked by signs. These locations are mile marker 1.4 and 2.3 from the 
Highway 1 and Lighthouse Road intersection.
    8. Climbing on cliffs and in or around sink holes is prohibited.
    9. Dogs must be on a leash no longer than 6 feet or otherwise 
physically restricted at all times.
    10. Open fires are prohibited.
    11. Cutting or collecting firewood is prohibited.
    12. Feeding or harassing wildlife is prohibited.
    13. Physical removal of any resources including, but not limited 
to, vegetation, animals, driftwood, and shells, is prohibited.
Section 3. Penalties
    Any person who violates any of these supplementary 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. 43 U.S.C. 1733(a); 
43 CFR 8360.0-7. Such violations may also be subject to the enhanced 
fines provided for by 18 U.S.C. 3571.

James G. Kenna,
California State Director.
[FR Doc. 2013-03282 Filed 2-12-13; 8:45 am]
BILLING CODE 4310-40-P