[Federal Register Volume 80, Number 208 (Wednesday, October 28, 2015)]
[Notices]
[Pages 66033-66035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27373]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLIDT02000.L12200000.MA0000.241A.00 4500079363]


Final Supplementary Rules for the Castle Rocks Land Use Plan 
Amendment Area, Idaho

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of final supplementary rules.

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SUMMARY: The Bureau of Land Management (BLM) is finalizing 
supplementary rules for all BLM-administered public lands within an 
approximately 400-acre area in Idaho known as Castle Rocks. The BLM 
addressed this area in the November 2013 Cassia Resource Management 
Plan (RMP) Amendment and Record of Decision (ROD). The Cassia RMP 
amendment made implementation-level decisions designed to conserve 
natural and cultural resources while providing for recreational 
opportunities. These supplementary rules will allow the BLM and law 
enforcement partners to enforce those decisions.

DATES: These supplementary rules are effective on November 27, 2015.

ADDRESSES: You may direct your inquiries to the Bureau of Land 
Management, Burley Field Office, 15 East 200 South, Burley, Idaho 
83318. email: [email protected].

FOR FURTHER INFORMATION CONTACT: Dennis Thompson, Outdoor Recreation 
Planner, at 208-677-6664 or by email at

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[email protected]. Persons who use a telecommunications device for the 
deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-
800-877-8339 to contact Mr. Thompson.

SUPPLEMENTARY INFORMATION:

I. Background
II. Discussion of Public Comments
III. Discussion of Supplementary Rules
IV. Procedural Matters

I. Background

    Castle Rocks is a dramatic geologic area located in the southern 
Albion Mountain Range of Cassia County, Idaho. Castle Rocks consists 
primarily of quartz-monzonite, a type of granite associated with the 
Almo Pluton. Pinnacles and monoliths, towering over 400 feet in local 
relief, characterize the area. Castle Rocks currently contains nearly 
pristine cultural and natural resources.
    Until 2003, a difficult and lengthy hike from Stines Pass was the 
only way to access Castle Rocks, due to the unique ownership pattern 
and geography of the surrounding lands. This limited access helped 
preserve rare resources that are of great importance to the Shoshone-
Bannock Tribes of Fort Hall and the Shoshone-Paiute Tribes of Duck 
Valley. Castle Rocks became less isolated after the passage of the 
Castle Rock Ranch Acquisition Act of 2000 (Pub. L. 106-421), which 
authorized the National Park Service (NPS) to purchase a private ranch 
that provided more convenient public access on the east side of the 
geologic area. After the acquisition, the NPS exchanged the property 
with the Idaho Department of Parks and Recreation (IDPR) for other 
lands adjacent to existing NPS properties.
    Since May 25, 2003, the IDPR has provided park facilities and 
managed recreation at Castle Rocks. Since 2003, the BLM has been 
protecting resources on the 400-acre parcel under its management 
through a series of temporary closure orders prohibiting rock climbing, 
camping, staging, and trail building. In 2012, the BLM determined that 
amending the Cassia RMP was necessary to properly manage the area. The 
decision in the Plan Amendment is to close the area permanently to rock 
climbing, camping, staging, and trail building. This decision will 
protect significant cultural resources that were, or had the potential 
to be, adversely impacted by these activities. The Shoshone-Bannock 
Tribes of Fort Hall and the Shoshone-Paiute Tribes of Duck Valley 
consider the area a sacred site and have requested the assistance of 
the BLM Burley Field Office in nominating the area as a Traditional 
Cultural Property under the National Historic Preservation Act.
    These supplementary rules will help the BLM achieve management 
objectives and implement the Cassia RMP amendment. They will also 
provide the BLM with enforcement capability to help prevent damage to 
cultural and natural resources.

II. Discussion of Public Comments

    The BLM published the proposed supplementary rules in the Federal 
Register on October 15, 2014 (79 FR 61899). Public comments were 
accepted for a 60-day period ending on December 15, 2014. The BLM 
received three comments. One comment favored protecting the resources, 
one comment was against any restriction on Federal lands, and the third 
comment did not apply to the Castle Rocks area. The comments received 
were not specific or confined to the issues pertinent to the proposed 
rules, nor did they recommend change or clarification; therefore, no 
changes were made to the proposed supplementary rules.

III. Discussion of Supplementary Rules

    Supplementary rules are necessary to protect the cultural and 
natural resources within the 400-acre BLM parcel at Castle Rocks as 
described in the environmental assessment (EA) for the Cassia RMP 
amendment.
    The supplementary rules prohibit traditional rock climbing, sport 
rock climbing, bouldering, staging, trail building, and camping on BLM-
administered public land within the Castle Rocks area because of 
potential adverse effects to significant Traditional Cultural 
Properties, and rare historic, geologic, scenic and cultural resources 
resulting from these activities. Use of the existing Stines Creek trail 
as shown on the 2012 Oakley 1:100,000 surface management Status Map and 
free solo climbing--that is, climbing which does not use ropes, 
harnesses or other protective gear during ascent--are still authorized. 
The EA for the Cassia RMP amendment (Appendix II) designates the trail 
appropriate for foot, horse, or bike use and describes the authorized 
course of the trail.

IV. Procedural Matters

Executive Orders 12866, Regulatory Planning and Review

    The final supplementary rules are not a significant regulatory 
action and are not subject to review by the Office of Management and 
Budget under Executive Orders 12866. They will not have an 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. The final supplementary rules will not 
create a serious inconsistency or otherwise interfere with an action 
taken or planned by another agency. They will not materially alter the 
budgetary effects of entitlements, grants, user fees, or loan programs 
or the right or obligations of their recipients; nor will they raise 
novel legal or policy issues. The supplementary rules merely contain 
rules of conduct for public use of a limited selection of public lands 
to prevent adverse effects to significant traditional cultural 
properties and rare historic, geologic, and scenic values at Castle 
Rocks.

National Environmental Policy Act (NEPA)

    The BLM prepared an EA as part of the development of the Cassia RMP 
amendment at Castle Rocks. During that NEPA process, alternative 
decisions for the Cassia RMP amendment were fully analyzed or discussed 
and offered for public comment, including the substance of these 
supplementary rules. The pertinent analysis can be found in Chapter 4 
of the Cassia RMP Amendment and Proposed Decision Record, April 2013. 
The ROD for the Cassia RMP was signed by the Idaho BLM State Director 
on November 20, 2013. These final supplementary rules will provide for 
enforcement of the plan decisions. The rationale for the decisions made 
is fully covered in the ROD, which is available for review in the BLM 
administrative record at the location specified in the ADDRESSES 
section and online at https://eplanning.blm.gov/epl-front-office/eplanning/planAndProjectSite.do?methodName=dispatchToPatternPage&currentPageId=47887.

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 will have a 
significant economic impact, either detrimental or beneficial, on a 
substantial number of small entities. These final supplementary rules 
will merely establish rules of conduct for use of a limited area of 
public lands and will have no effect on business entities of any size. 
Therefore, the BLM has determined, under the RFA, that the final 
supplementary rules will not have

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a significant economic impact on a substantial number of small 
entities.

Small Business Regulatory Enforcement Fairness Act

    These final supplementary rules do not constitute a ``major rule'' 
as defined at 5 U.S.C. 804(2). They will not result in an effect on the 
economy of $100 million or more, an increase in costs or prices, or 
significant adverse effects on competition, employment, investment, 
productivity, innovation, or the ability of United States-based 
enterprises to compete with foreign-based enterprises in domestic and 
export markets. These final supplementary rules will merely establish 
rules of conduct for use of a limited area of public lands and do not 
affect commercial or business activities of any kind.

Unfunded Mandates Reform Act

    These final supplementary rules will not impose an unfunded mandate 
on State, local, or tribal governments or the private sector of more 
than $100 million per year nor do they have a significant or unique 
effect on State, local, or tribal governments or the private sector. 
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 final supplementary rules will not have significant takings 
implications nor will they be capable of interfering with 
constitutionally protected property rights. Therefore, the BLM has 
determined that these rules will not cause a ``taking'' of private 
property or require preparation of a takings assessment.

Executive Order 13132, Federalism

    These final supplementary rules will not have a substantial direct 
effect on the States, on the relationship between the Federal 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government. These final 
supplementary rules will not conflict with any law or regulation of the 
State of Idaho. Therefore, in accordance with Executive Order 13132, 
the BLM has determined that these final supplementary rules will not 
have sufficient federalism implications to warrant preparation of a 
Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    The BLM has determined that these final supplementary rules will 
not unduly burden the judicial system and that they meet the 
requirements of sections 3(a) and 3(b)(2) of Executive Order 12988.

Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments

    Consultation and Coordination with the Shoshone-Bannock and the 
Shoshone-Paiute Tribes has been ongoing since 2010. The Tribes have 
been fully briefed and support these supplementary rules.

Information Quality Act

    The Information Quality Act (Section 515 of Pub. L. 106-554) 
requires Federal agencies to 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 to the 
public.

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

    These final supplementary rules will not constitute a significant 
energy action. These final supplementary rules will not have an adverse 
effect on energy supplies, production, or consumption, and have no 
connection with energy policy.

Paperwork Reduction Act

    These final 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.

Author

    The principal author of these supplementary rules is Amanda M. 
Dodson, Acting Burley Field Manager, Bureau of Land Management.
    For the reasons stated in the Preamble, and under the authority of 
43 CFR 8365.1-6, the Burley Field Office, Bureau of Land Management, 
establishes supplementary rules for BLM-administered lands covered 
under the Cassia Resource Management Plan Amendment at Castle Rocks, to 
read as follows:

Supplementary Rules for the Portion of the Castle Rocks Area Managed by 
the U.S. Bureau of Land Management

Definitions

    Traditional rock climbing means a style of climbing where a 
climber or group of climbers places all gear required to protect 
against falls and removes it when passage is complete.
    Sport rock climbing means a style of climbing that relies on 
fixed protection against falls, usually bolts and/or top anchors.
    Bouldering means ropeless climbing that involves short, 
sequential moves on rock usually no more than 20 feet off the ground 
and uses bouldering crash pads at the base of the climbing area to 
prevent injuries from falls.
    Staging means assembling, unpacking or otherwise preparing gear 
for climbing; typically conducted at the base of the cliff, where 
gear such a backpacks may also be left during a climb, but in some 
cases, is conducted at the top of a cliff.
    Trail building means the act of creating new travel routes 
through the use of tools; or user-created trails developed through 
repeated visits to a specific destination. EA DOI-BLM-ID-T020-2013-
0010-EA Appendix II serves as the baseline for existing trails on 
BLM lands.
    Camping means setting up, occupying or making use of a place for 
shelter or overnight stay.
    On BLM-administered public land within the Castle Rocks area, 
the following supplementary rules apply:
    1. Traditional and sport rock climbing and bouldering are 
prohibited.
    2. Staging is prohibited.
    3. Camping is prohibited.
    4. Trail building is prohibited.

    Exceptions: The following persons are exempt from these 
supplementary rules:
    A. Any Federal, State, local, and/or military employee acting 
within the scope of their duties;
    B. Members of any organized rescue or fire-fighting force 
performing an official duty; and
    C. Persons, agencies, municipalities or companies holding an 
existing special use permit and operating within the scope of their 
permit.

    Penalties: On public lands 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 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 enhanced fines provided for 
by 18 U.S.C. 3571.


Timothy M. Murphy,
BLM Idaho State Director.
[FR Doc. 2015-27373 Filed 10-27-15; 8:45 am]
 BILLING CODE 4310-GG-P