Shooting Closure on Certain Lands Managed by the Bureau of Land Management, Las Vegas Field Office, 57065-57067 [E7-19698]
Download as PDF
Federal Register / Vol. 72, No. 193 / Friday, October 5, 2007 / Notices
7,804 acres, or approximately 5% of the
project area.
Relationship to Existing Plans and
Documents: The Book Cliffs Resource
Management Plan (RMP) Record of
Decision (ROD) (May 1985) directs
management of BLM-administered
public lands within the analysis area.
Implementation of oil and gas
development in the Greater Natural
Buttes Project Area would conform to
conditions and requirements mandated
in the RMP and ROD. The ROD calls for
oil and gas, tar sands, oil shale, and
gilsonite to be leased while other
resource values will be protected or
mitigated (page 7 of the ROD).
Identified Resource Management
Issues, Concerns, and Opportunities:
The following resources have been
identified as potentially impacted by the
Vernal Field Office. It is not meant to be
an all-inclusive list, but rather a starting
point for public input and a means of
identifying the resource disciplines
needed to conduct the analysis. The
potentially impacted resources include:
air quality, cultural resources, livestock
grazing, paleontological resources,
recreation, socioeconomics, soil
resources, special designations
(potential Area of Critical
Environmental Concern and eligible
Wild and Scenic River segments),
threatened or endangered animal and
plant species, vegetation, visual
resources, water resources, wilderness
characteristics, and wildlife.
Selma Sierra,
Utah State Director.
[FR Doc. E7–19692 Filed 10–4–07; 8:45 am]
BILLING CODE 4310–DQ–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[WO–220–05–1020–JA–VEIS]
Notice of Availability of the Record of
Decision for the Final Programmatic
Environmental Impact Statement for
Vegetation Treatments Using
Herbicides on Bureau of Land
Management Lands in 17 Western
States
Bureau of Land Management,
Interior.
ACTION: Notice of Availability.
yshivers on PROD1PC62 with NOTICES
AGENCY:
SUMMARY: Pursuant to Section 102(2)(C)
of the National Environmental Policy
Act of 1969 (NEPA), the Bureau of Land
Management (BLM) hereby gives notice
that the Record of Decision for the Final
Programmatic Environmental Impact
Statement (FPEIS) for vegetation
VerDate Aug<31>2005
15:33 Oct 04, 2007
Jkt 214001
treatments using herbicides on public
lands administered by BLM in 17
western states, including Alaska, is
available. The BLM is the lead Federal
agency for the preparation of this FPEIS,
in compliance with the requirements of
NEPA. The decision selects for use the
four herbicides identified in Alternative
B of the FPEIS. These herbicides are:
Diquat, diflufenzopyr (in formulation
with dicamba), fluridone, and imazapic.
The BLM also selects for continued use
the following 14 Environmental
Protection Agency (EPA) registered
active ingredients: 2,4-D, bromacil,
chlorsulfuron, clopyralid, dicamba,
diuron, glyphosate, hexazinone,
imazapyr, metsulfuron methyl,
picloram, sulfometuron methyl,
tebuthiuron, and triclopyr. The BLM
does not select for use the following sixherbicide active ingredients: 2,4-DP,
asulam, atrazine, fosamine, mefluidide,
and simazine. As part of the Proposed
Action and this decision, the BLM also
adopts the protocol for identifying,
evaluating and approving herbicides.
The Record of Decision identifies best
management practices, standard
operating procedures and mitigation
measures for all vegetation treatment
projects involving the use of herbicides.
ADDRESSES: Copies of the Record of
Decision are available in hard copy or
CD upon request from Brian Amme,
Nevada State Office, P.O. Box 12000,
1340 Financial Blvd., Reno, NV 89520,
or via the Internet at the BLM National
Web site https://www.blm.gov/. The
Record of Decision is available for
review in either hard copy or on
compact disks (CDs) at all BLM State,
District, and Field Office public rooms.
FOR FURTHER INFORMATION CONTACT:
Brian Amme, Project Manager at (775)
861–6645 or e-mail:
brian_amme@blm.gov.
SUPPLEMENTARY INFORMATION: This
national, FPEIS provides a
comprehensive analysis of BLM’s use of
chemical herbicides in its various
vegetation treatment programs related to
hazardous fuels reduction; noxious
weed, invasive terrestrial and aquatic
plant species management; resource
rehabilitation following catastrophic
fires, and other disturbances. The FPEIS
addresses human health and ecological
risk for use of chemical herbicides on
public lands and provides a cumulative
impact analysis of the use of chemical
herbicides in conjunction with other
treatment methods. The decision area
includes public lands administered by
11 BLM state offices: Alaska, Arizona,
California, Colorado, Idaho, Montana
(North Dakota/South Dakota), New
Mexico (Oklahoma/Texas/Nebraska),
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57065
Nevada, Oregon (Washington), Utah and
Wyoming.
The BLM issued a Notice of
Availability November 10, 2005, of
BLM’s Draft Vegetation Treatments
Using Herbicides Programmatic
Environmental Impact Statement and
Draft Programmatic Environmental
Report. The BLM held ten public
hearings in late 2005, and extended the
public comment period an additional 30
days to February 10, 2006.
The BLM responded to over 5,500
individual public comments during the
Draft Programmatic EIS public review
period. Comment responses and
resultant changes in the impact analysis
are documented in this FPEIS and
Environmental Report per requirements
under 40 CFR 1503.4. Additional
information and analysis is included in
the FPEIS addressing comments related
to degradates, use of Polyoxyethyleneamine (POEA) OEA and R–11
surfactants and risks associated with
endocrine disrupting chemicals. In
addition, the FPEIS contains
Subsistence analysis required under
Section 801(a) of the Alaska National
Interest Lands Conservation Act
(ANILCA). This decision was approved
by the Department of the Interior,
Assistant Secretary for Land and
Minerals Management; therefore, no
administrative review through the
Interior Board of Land Appeals pursuant
to 43 CFR 4.5 will be available on the
decisions made by this Record of
Decision.
Todd S. Christensen,
Acting Assistant Director, Renewable
Resources and Planning.
[FR Doc. E7–19699 Filed 10–4–07; 8:45 am]
BILLING CODE 4310–84–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[NV–057–1630–NU; 7–08807]
Shooting Closure on Certain Lands
Managed by the Bureau of Land
Management, Las Vegas Field Office
Bureau of Land Management,
Interior.
ACTION: Notice of final decision for
establishment of a permanent shooting
closure on selected public lands in Nye
County, Nevada.
AGENCY:
SUMMARY: The Bureau of Land
Management (BLM) Las Vegas Field
Office announces a target shooting
closure on about 11,874 acres of
selected public lands in Nye County
near the southwest portion of the Town
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57066
Federal Register / Vol. 72, No. 193 / Friday, October 5, 2007 / Notices
of Pahrump. The permanent closure is
being made for the safety of persons and
property adjacent to the selected public
lands at the request and concurrence of
the Nye County Commissioners, the Nye
County Sheriff’s Office and the
Pahrump Town Board. The rapid
increase in population and growth in
Pahrump, Nevada has created conflicts
between new residential areas and
public land areas traditionally used for
target shooting. This closure does not
apply to hunting under the laws and
regulations of the State of Nevada or
other recreational activities. The BLM is
establishing this shooting closure under
the authority of 43 CFR 8364.1 which
allows closures for the protection of
persons, property, and public lands and
resources. This provision allows the
BLM to issue closures of less than
national effect without codifying the
rules in the Code of Federal Regulations.
DATES: Effective Date: October 5, 2007.
FOR FURTHER INFORMATION CONTACT:
Erika Schumacher, Chief Ranger of Law
Enforcement, (702) 515–5000. Maps
depicting the area affected by this
closure order are available for public
inspection at the BLM Las Vegas Field
Office, 4701 N. Torrey Pines Drive, Las
Vegas, Nevada.
SUPPLEMENTARY INFORMATION: Public
lands affected are within the following
described area:
Mount Diablo Meridian, Nevada
T. 21, R. 53
Secs 14, 15, 22, 23, 24, 25, 26, 27, 34, 35,
36;
T. 21, R. 54
Secs 21, 22, 27, 28, 29, 30 and 31, 32, 33,
34;
T. 22, R. 53
Secs 1, 2 and 12;
T. 22, R. 54
Secs 5, 6 and 7.
The area described contains 11,874 acres,
more or less, in Nye County.
yshivers on PROD1PC62 with NOTICES
Exceptions to Closure
a. Hunting with a valid state hunting
license and in accordance with the laws;
and
b. Law Enforcement personnel in the
performance of their duties.
Closure Restrictions
Unless otherwise authorized, within
the closure area no person shall:
a. Discharge any firearm, unless
specifically exempted by closure order;
and
b. Unless specifically addressed by
regulations set forth in 43 CFR, the laws
and regulations of the State of Nevada
and Nye County shall govern the use
and possession of firearms. Such state
and county laws and regulations which
are now or may later be in effect are
VerDate Aug<31>2005
15:33 Oct 04, 2007
Jkt 214001
hereby adopted and made part of this
closure.
Definitions
Firearm: Any weapon capable of
firing a projectile including but not
limited to rifle, shotgun, handgun, BBgun, pellet gun, etc.
Violations of any terms, conditions, or
restrictions contained in this closure
order, may subject the violator to
citation or arrest, with penalty of fine
and imprisonment or both as specified
by law.
The Las Vegas Field Office sought
comments for 60 days regarding the
target shooting closure. The majority of
comments came from the Pahrump area
and Las Vegas Valley. The majority of
comments were against the proposed
target shooting closure. The BLM is
closing the area to target shooting for
public health and safety reasons.
Residential areas are being impacted by
target shooting and two new housing
developments were recently approved
in the closure area. Other areas nearby
remain open to target shooting.
Procedural Matters
Executive Order 12866, Regulatory
Planning and Review
This shooting closure is not a
significant regulatory action and is not
subject to review by the Office of
Management and Budget under
Executive Order 12866. This shooting
closure will not have an annual effect of
$100 million or more on the economy.
It is not intended to affect commercial
activity, but it contains rules of conduct
for public use of certain public lands. It
will not 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.
This shooting closure will not create a
serious inconsistency or otherwise
interfere with an action taken or
planned by another agency. This
shooting closure does not materially
alter the budgetary effects of
entitlements, grants, user fees, or loan
programs or the right or obligations of
their recipients; nor does it raise novel
legal or policy issues. It merely imposes
certain rules on target shooting use on
a limited portion of public lands in
Southern Nevada in order to protect
human health, and safety.
National Environmental Policy Act
This shooting closure itself does 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 of 1969, 42 U.S.C. 4332(2)(C).
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Fmt 4703
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Regulatory Flexibility Act
Congress enacted the Regulatory
Flexibility Act, (RFA) 5 U.S.C. 601–612,
to ensure that Government regulations
do not unnecessarily or
disproportionately burden small
entities. The RFA required a regulatory
flexibility analysis if a rule would have
a significant economic impact, either
detrimental or beneficial on a
substantial number of small entities.
The shooting closure does not pertain
specifically to commercial or
governmental entities of any size, but to
public recreational use of specific lands.
Therefore, BLM has determined under
the RFA that these interim
supplementary rules would not have
significant economic impact on a
substantial number of small entities.
Small Business Regulatory Enforcement
Fairness Act (SBREFA)
This shooting closure does not
constitute a ‘‘major rule’’ as defined by
U.S.C. 804(2). The shooting closure
merely contains rules of conduct for
target shooting use of certain public
lands. The shooting closure has no
effect on business, commercial, or
industrial use of the public lands.
Unfunded Mandates Reform Act
The shooting closure does 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; nor does it have a
significant or unique effect on small
governments. The shooting closure does
not require anything of state, local, or
Tribal governments. 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 shooting closure is not a
government action capable of interfering
with constitutionally protected property
rights. The shooting closure does not
address property rights in any form, and
does not cause the impairment of any
property rights. Therefore, the
Department of the Interior has
determined that this shooting closure
would not cause a taking of private
property or require further discussion of
takings implications under this
Executive Order.
Executive Order 13132 Federalism
The shooting closure will not have a
substantial direct effect on the states; on
the relationship between the national
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Federal Register / Vol. 72, No. 193 / Friday, October 5, 2007 / Notices
government and the states; or on the
distribution of power and
responsibilities among the various
levels of government. The shooting
closure affects land in only one state,
Nevada. Therefore, BLM has determined
that the shooting closure does not have
sufficient Federalism implications to
warrant preparation of a Federalism
Assessment.
Executive Order 12988, Civil Justice
Reform
Under Executive Order 12988, the
Office of the Solicitor has determined
that the shooting closure will not
unduly burden the judicial system and
that the requirements of sections 3(a)
and 3(b)(2) of the Order are met. The
shooting closure includes rules of
conduct and prohibited acts, but they
are straightforward and not confusing,
and their enforcement should not
unreasonably burden the United States
Magistrate who will try any persons
cited for violating them.
Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
In accordance with Executive Order
13175, the BLM has found that this
shooting closure does not include
policies having Tribal implications. The
shooting closure does not affect lands
held for the benefit of Indians, Aleuts or
Eskimos.
Paperwork Reduction Action
The shooting closure does 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.
Rules requiring special recreation
permits for certain recreational users
will involve collection of information
contained on BLM Special recreation
Permit Form 2930–1.
Authority: 43 CFR 8364.1.
Dated: September 11, 2007.
Juan Palma,
Field Manager, Las Vegas Field Office.
[FR Doc. E7–19698 Filed 10–4–07; 8:45 am]
BILLING CODE 4310–HC–P
DEPARTMENT OF THE INTERIOR
yshivers on PROD1PC62 with NOTICES
Bureau of Land Management
[UT–090–07–1220–MV]
Notice of Closure of Public Lands to
Off-Highway Vehicle (OHV) Use
Department of Interior, Bureau
of Land Management.
AGENCY:
VerDate Aug<31>2005
15:33 Oct 04, 2007
Jkt 214001
Notice of closure of 1,871 acres
of public land to OHV use.
ACTION:
SUMMARY: Notice is hereby given that
effective immediately, the Bureau of
Land Management (BLM), Monticello
Field Office, is closing 1,871 acres of
public lands in Recapture Canyon near
Blanding, Utah, to Off-Highway Vehicle
(OHV) use. The public lands affected by
this closure are in the following:
Salt Lake Meridian; Salt Lake Baseline;
Township 37 South, Range 23 East, Section
5, SE 1⁄4 of SW 1⁄4; Section 6, NW 1⁄4 of NE
1⁄4, SW 1⁄4 of NE 1⁄4, NW 1⁄4 of SE 1⁄4, SW 1⁄4
of SE 1⁄4, SE 1⁄4 of SE 1⁄4, NE 1⁄4 of NW 1⁄4,
SE 1⁄4 of NW 1⁄4, NE 1⁄4 of SW 1⁄4, SE 1⁄4 of
SW 1⁄4, SW 1⁄4 of SW 1⁄4; Section 7, NE 1⁄4
of NE 1⁄4, SE 1⁄4 of NE 1⁄4, NW 1⁄4 of NE 1⁄4,
SW 1⁄4 of NE 1⁄4, NE 1⁄4 of SE 1⁄4, SE 1⁄4 of
SE 1⁄4, NW 1⁄4 of SE 1⁄4, SW 1⁄4 of SE 1⁄4;
Section 8, NE 1⁄4 of NW 1⁄4, SE 1⁄4 of NW 1⁄4,
NW 1⁄4 of NW 1⁄4, SW 1⁄4 of NW 1⁄4, NE 1⁄4
of SW 1⁄4, SE 1⁄4 of SW 1⁄4, NW 1⁄4 of SW 1⁄4,
SW 1⁄4 of SW 1⁄4; Section 17, NE 1⁄4 of NW
1⁄4, SE 1⁄4 of NW 1⁄4, NW 1⁄4 of NW 1⁄4, SW
1⁄4 of NW 1⁄4, NE 1⁄4 of SW 1⁄4, SE 1⁄4 of SW
1⁄4, NW 1⁄4 of SW 1⁄4, SW 1⁄4 of SW 1⁄4; Section
18, NE 1⁄4 of NE 1⁄4, SE 1⁄4 of NE 1⁄4, NW 1⁄4
of NE 1⁄4, SW 1⁄4 of NE 1⁄4, NE 1⁄4 of SE 1⁄4,
SE 1⁄4 of SE 1⁄4, NW 1⁄4 of SE 1⁄4, SW 1⁄4 of
SE 1⁄4, NE 1⁄4 of SW 1⁄4, SE 1⁄4 of SW 1⁄4;
Section 19, W 1⁄2 of NE 1⁄4, E 1⁄2 of NE 1⁄4,
E 1⁄2 of SE 1⁄4, NW 1⁄4 of SE 1⁄4, SW 1⁄4 of SE
1⁄4, NE 1⁄4 of NW 1⁄4, SE 1⁄4 of NW 1⁄4; Section
20, W 1⁄2 of NW 1⁄4, NE 1⁄4 of NW 1⁄4, SE 1⁄4
of NW 1⁄4, NE 1⁄4 of SW 1⁄4, NW 1⁄4 of SW 1⁄4,
SW 1⁄4 of SW 1⁄4; Section 29, N 1⁄2 of NW 1⁄4;
Section 30, NE 1⁄4 of NE 1⁄4. Township 36
South, Range 23 East, Section 19, NW 1⁄4 of
SE 1⁄4, NE 1⁄4 of SW 1⁄4, NW 1⁄4 of SW 1⁄4, SW
1⁄4 of SW 1⁄4; Section 30, SW 1⁄4 of NE 1⁄4, NW
1⁄4 of SE 1⁄4, SW 1⁄4 of SE 1⁄4, NE 1⁄4 of NW
1⁄4, NW 1⁄4 of NW 1⁄4, SE 1⁄4 of NW 1⁄4, NE
1⁄4 of SW 1⁄4, SE 1⁄4 of SW 1⁄4; Section 31, NW
1⁄4 of NE 1⁄4, SW 1⁄4 of NE 1⁄4, NE 1⁄4 of NW
1⁄4, SE 1⁄4 of NW 1⁄4, NW 1⁄4 of SE 1⁄4, SW 1⁄4
of SE 1⁄4, NE 1⁄4 of SW 1⁄4, SE 1⁄4 of SW 1⁄4.
Township 36 South, Range 22 East, Section
24, SE 1⁄4 of SE 1⁄4.
The purpose of the closure is to
protect cultural resources that have been
adversely impacted, or are at risk of
being adversely impacted, by
unauthorized trail construction and
OHV use. The closure will remain in
effect until the considerable adverse
effects giving rise to the closure are
eliminated and measures are
implemented to prevent recurrence of
these adverse effects.
FOR FURTHER INFORMATION CONTACT: Nick
Sandberg, Acting Field Office Manager,
Monticello Field Office, Bureau of Land
Management, P.O. Box 7, Monticello,
Utah, 84535; (435) 587–1500.
SUPPLEMENTARY INFORMATION: BLM is
implementing this action on 1,871 acres
of public land in San Juan County, in
southeast Utah. BLM’s Monticello Field
Office has observed and documented
considerable adverse effects from
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57067
unauthorized trail construction and
OHV use to cultural resources in this
area. Based on this information, BLM’s
authorized officer has determined that
OHV use in this area is causing, or will
cause, considerable adverse effects upon
cultural resources. Consequently, this
area is being closed to OHV use. A map
showing the closure area is available for
public inspection at the Bureau of Land
Management, Monticello Field Office at
the above address. OHV use on the
remainder of the public lands in San
Juan County, Utah administered by BLM
will be managed according to existing
Federal Register orders and the 1991
San Juan Resource Management Plan.
This closure order does not apply to:
(1) Any federal, state or local
government law enforcement officer
engaged in enforcing this closure order
or member of an organized rescue or fire
fighting force while in the performance
of an official duty.
(2) Any BLM employee, agent, or
contractor while in the performance of
an official duty, or any person expressly
authorized by BLM.
This order shall not be construed as
a limitation on BLM’s future planning
efforts and/or management of OHV use
on the public lands. BLM will
periodically monitor resource
conditions and trends in the closure
area and may modify or rescind this
order as appropriate.
The authority for this order is 43 CFR
8341.2.
Sherwin N. Sandberg,
Acting Field Office Manager.
[FR Doc. E7–19700 Filed 10–4–07; 8:45 am]
BILLING CODE 4310–DQ–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
Colorado: Filing of Plats of Survey
September 28, 2007.
Summary: The plats of survey of the
following described land will be
officially filed in the Colorado State
Office, Bureau of Land Management,
Lakewood, Colorado, effective 10 a.m.,
September 28, 2007. All inquiries
should be sent to the Colorado State
Office (CO–956), Bureau of Land
Management, 2850 Youngfield Street,
Lakewood, Colorado 80215–7093.
The plat which includes the field
notes, and is the entire record of this
remonumentation/rehabilitation of
certain corners, in duplicate, in
Township 13 South, Range 94 West,
Sixth Principal Meridian, Colorado was
accepted on June 19, 2007.
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Agencies
[Federal Register Volume 72, Number 193 (Friday, October 5, 2007)]
[Notices]
[Pages 57065-57067]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19698]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[NV-057-1630-NU; 7-08807]
Shooting Closure on Certain Lands Managed by the Bureau of Land
Management, Las Vegas Field Office
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of final decision for establishment of a permanent
shooting closure on selected public lands in Nye County, Nevada.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Land Management (BLM) Las Vegas Field Office
announces a target shooting closure on about 11,874 acres of selected
public lands in Nye County near the southwest portion of the Town
[[Page 57066]]
of Pahrump. The permanent closure is being made for the safety of
persons and property adjacent to the selected public lands at the
request and concurrence of the Nye County Commissioners, the Nye County
Sheriff's Office and the Pahrump Town Board. The rapid increase in
population and growth in Pahrump, Nevada has created conflicts between
new residential areas and public land areas traditionally used for
target shooting. This closure does not apply to hunting under the laws
and regulations of the State of Nevada or other recreational
activities. The BLM is establishing this shooting closure under the
authority of 43 CFR 8364.1 which allows closures for the protection of
persons, property, and public lands and resources. This provision
allows the BLM to issue closures of less than national effect without
codifying the rules in the Code of Federal Regulations.
DATES: Effective Date: October 5, 2007.
FOR FURTHER INFORMATION CONTACT: Erika Schumacher, Chief Ranger of Law
Enforcement, (702) 515-5000. Maps depicting the area affected by this
closure order are available for public inspection at the BLM Las Vegas
Field Office, 4701 N. Torrey Pines Drive, Las Vegas, Nevada.
SUPPLEMENTARY INFORMATION: Public lands affected are within the
following described area:
Mount Diablo Meridian, Nevada
T. 21, R. 53
Secs 14, 15, 22, 23, 24, 25, 26, 27, 34, 35, 36;
T. 21, R. 54
Secs 21, 22, 27, 28, 29, 30 and 31, 32, 33, 34;
T. 22, R. 53
Secs 1, 2 and 12;
T. 22, R. 54
Secs 5, 6 and 7.
The area described contains 11,874 acres, more or less, in Nye
County.
Exceptions to Closure
a. Hunting with a valid state hunting license and in accordance
with the laws; and
b. Law Enforcement personnel in the performance of their duties.
Closure Restrictions
Unless otherwise authorized, within the closure area no person
shall:
a. Discharge any firearm, unless specifically exempted by closure
order; and
b. Unless specifically addressed by regulations set forth in 43
CFR, the laws and regulations of the State of Nevada and Nye County
shall govern the use and possession of firearms. Such state and county
laws and regulations which are now or may later be in effect are hereby
adopted and made part of this closure.
Definitions
Firearm: Any weapon capable of firing a projectile including but
not limited to rifle, shotgun, handgun, BB-gun, pellet gun, etc.
Violations of any terms, conditions, or restrictions contained in
this closure order, may subject the violator to citation or arrest,
with penalty of fine and imprisonment or both as specified by law.
The Las Vegas Field Office sought comments for 60 days regarding
the target shooting closure. The majority of comments came from the
Pahrump area and Las Vegas Valley. The majority of comments were
against the proposed target shooting closure. The BLM is closing the
area to target shooting for public health and safety reasons.
Residential areas are being impacted by target shooting and two new
housing developments were recently approved in the closure area. Other
areas nearby remain open to target shooting.
Procedural Matters
Executive Order 12866, Regulatory Planning and Review
This shooting closure is not a significant regulatory action and is
not subject to review by the Office of Management and Budget under
Executive Order 12866. This shooting closure will not have an annual
effect of $100 million or more on the economy. It is not intended to
affect commercial activity, but it contains rules of conduct for public
use of certain public lands. It will not 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. This shooting closure will not create a
serious inconsistency or otherwise interfere with an action taken or
planned by another agency. This shooting closure does not materially
alter the budgetary effects of entitlements, grants, user fees, or loan
programs or the right or obligations of their recipients; nor does it
raise novel legal or policy issues. It merely imposes certain rules on
target shooting use on a limited portion of public lands in Southern
Nevada in order to protect human health, and safety.
National Environmental Policy Act
This shooting closure itself does 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 of
1969, 42 U.S.C. 4332(2)(C).
Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act, (RFA) 5 U.S.C.
601-612, to ensure that Government regulations do not unnecessarily or
disproportionately burden small entities. The RFA required a regulatory
flexibility analysis if a rule would have a significant economic
impact, either detrimental or beneficial on a substantial number of
small entities. The shooting closure does not pertain specifically to
commercial or governmental entities of any size, but to public
recreational use of specific lands. Therefore, BLM has determined under
the RFA that these interim supplementary rules would not have
significant economic impact on a substantial number of small entities.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This shooting closure does not constitute a ``major rule'' as
defined by U.S.C. 804(2). The shooting closure merely contains rules of
conduct for target shooting use of certain public lands. The shooting
closure has no effect on business, commercial, or industrial use of the
public lands.
Unfunded Mandates Reform Act
The shooting closure does 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; nor does it have a significant or
unique effect on small governments. The shooting closure does not
require anything of state, local, or Tribal governments. 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 shooting closure is not a government action capable of
interfering with constitutionally protected property rights. The
shooting closure does not address property rights in any form, and does
not cause the impairment of any property rights. Therefore, the
Department of the Interior has determined that this shooting closure
would not cause a taking of private property or require further
discussion of takings implications under this Executive Order.
Executive Order 13132 Federalism
The shooting closure will not have a substantial direct effect on
the states; on the relationship between the national
[[Page 57067]]
government and the states; or on the distribution of power and
responsibilities among the various levels of government. The shooting
closure affects land in only one state, Nevada. Therefore, BLM has
determined that the shooting closure does not have sufficient
Federalism implications to warrant preparation of a Federalism
Assessment.
Executive Order 12988, Civil Justice Reform
Under Executive Order 12988, the Office of the Solicitor has
determined that the shooting closure will not unduly burden the
judicial system and that the requirements of sections 3(a) and 3(b)(2)
of the Order are met. The shooting closure includes rules of conduct
and prohibited acts, but they are straightforward and not confusing,
and their enforcement should not unreasonably burden the United States
Magistrate who will try any persons cited for violating them.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, the BLM has found that
this shooting closure does not include policies having Tribal
implications. The shooting closure does not affect lands held for the
benefit of Indians, Aleuts or Eskimos.
Paperwork Reduction Action
The shooting closure does 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. Rules
requiring special recreation permits for certain recreational users
will involve collection of information contained on BLM Special
recreation Permit Form 2930-1.
Authority: 43 CFR 8364.1.
Dated: September 11, 2007.
Juan Palma,
Field Manager, Las Vegas Field Office.
[FR Doc. E7-19698 Filed 10-4-07; 8:45 am]
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