[Federal Register: July 8, 2008 (Volume 73, Number 131)]
[Notices]
[Page 39027-39031]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jy08-85]
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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 dave_cooper@nv.blm.gov.
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]
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