Notice of Proposed Supplementary Rules on Public Land in Nevada, 63625-63628 [E7-22001]

Download as PDF Federal Register / Vol. 72, No. 217 / Friday, November 9, 2007 / Notices mineral material sales. The Secretary of the Interior would retain jurisdiction of any prior existing claims, rights, and interests in this land. DATES: Comments must be received on or before February 7, 2008. ADDRESSES: Comments should be sent to the Moab Field Office Manager, Bureau of Land Management, 82 East Dogwood Avenue, Moab, Utah 84532. FOR FURTHER INFORMATION CONTACT: Mary von Koch, Realty Specialist, Moab Field Office at the above address, 435– 259–2128. SUPPLEMENTARY INFORMATION: The DOE has filed an application with the Bureau of Land Management (BLM) requesting transfer of the following described land to the DOE, subject to valid existing rights: mstockstill on PROD1PC66 with NOTICES Salt Lake Meridian T. 21 S., R. 19 E., Sec. 22, SE1⁄4SE1⁄4SW1⁄4; NE1⁄4SW1⁄4SE1⁄4, S1⁄2SW1⁄4SE1⁄4, and SE1⁄4SE1⁄4; Sec. 23, S1⁄2NE1⁄4SW1⁄4, S1⁄2NW1⁄4SW1⁄4, and S1⁄2SW1⁄4; Sec. 26, N1⁄2NW1⁄4, N1⁄2SW1⁄4NW1⁄4, and NW1⁄4SE1⁄4NW1⁄4; Sec. 27, N1⁄2NE1⁄4, SW1⁄4NE1⁄4, N1⁄2SE1⁄4NE1⁄4, SW1⁄4SE1⁄4NE1⁄4, E1⁄2NE1⁄4NW1⁄4, NE1⁄4, and E1⁄2SE1⁄4NW1⁄4 The area described contains 500 acres in Grand County. The purpose of the proposed land transfer is to protect public health and safety by permanently transferring the land to the DOE to be used for the disposal of the Moab Mill Site uranium mill tailings. The land would become a United States Nuclear Regulatory Commission licensed disposal site for permanent custody and care of uranium byproduct materials. The Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7916 (2000)), as amended, designates the DOE as the custodial agency. The land proposed for transfer is located within a temporary withdrawal created by Public Land Order No. 7649 and is therefore currently closed to mining and mineral leasing. The oil and gas portion of the mineral estate would be reserved to the Secretary of the Interior. As a result of the transfer, except for oil and gas leasing, the land would no longer be subject to the general land laws, including the United States mining laws, other mineral or geothermal leasing, and mineral material sales. For a period of 90 days from the date of publication of this notice, all persons who wish to submit comments, suggestions, or objections in connection with the proposed action may present VerDate Aug<31>2005 23:48 Nov 08, 2007 Jkt 214001 their views in writing to the BLM Moab Field Office Manager, at the address noted above. Comments, including names and street addresses of respondents, and records relating to the proposed land transfer will be available for public review during regular business hours at the BLM Moab Field Office at the address specified above. Individual respondents may request confidentiality. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Notice is hereby given that an opportunity for a public meeting is afforded in connection with the proposed land transfer. All interested persons who desire a public meeting for the purpose of being heard on the proposed transfer must submit a written request to the BLM Moab Field Office at the address indicated above within 90 days from the date of publication of this notice. If the authorized officer determines that a public meeting will be held, a notice of the time and place will be published in the Federal Register at least 30 days before the scheduled date of the meeting. There are no suitable alternatives. A right-of-way, interagency, or cooperative agreement would not permanently transfer the land to the DOE as directed by the Uranium Mill Tailings Radiation Control Act, and they would not adequately constrain nondiscretionary uses that could adversely affect public health and safety. Under the Uranium Mill Tailings Radiation Control Act, the DOE permanently acquires a disposal site for perpetual surveillance and maintenance. The Secretary of the Interior would retain the authority to administer any existing claims, rights, and interests in this land that were established before the effective date of the land transfer. Prior to selecting the Crescent Junction Uranium Mill Tailings Repository site, all potential sites within a reasonable vicinity of the Moab Mill Site were evaluated. In addition to site suitability studies, extensive opportunity for input was afforded to government agencies and the general public. PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 63625 This application will be processed in accordance with the regulations set forth in 43 CFR 2300. (Authority: 43 CFR 2310.3–1) Dated: November 2, 2007. Selma Sierra, State Director. [FR Doc. E7–22010 Filed 11–8–07; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF THE INTERIOR Bureau of Land Management [NV–025–1220–PC; 8–08807] Notice of Proposed Supplementary Rules on Public Land in Nevada Bureau of Land Management, Interior. ACTION: Proposed supplementary rules for certain public lands managed by the Bureau of Land Management, Black Rock Desert-High Rock Canyon Emigrant Trails National Conservation Area, associated congressionallydesignated wilderness and other contiguous lands, in Humboldt, Pershing and Washoe counties, Nevada. AGENCY: SUMMARY: The Bureau of Land Management (BLM) Winnemucca Field Office, Nevada, and Surprise Field Office, California, are proposing supplementary rules for the Black Rock Desert-High Rock Canyon Emigrant Trails National Conservation Area (NCA), associated designated wilderness, and other contiguous lands as identified in the Resource Management Plan (RMP) and Record of Decision. The rules are needed in order to protect the area’s natural and cultural resources and provide for public health and safety on public lands. These 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: Comments on the proposed supplementary rules must be received or postmarked by December 10, 2007 to be assured consideration. In developing final supplementary rules, BLM need not consider comments postmarked or received in person or by electronic mail after this date. ADDRESSES: Bureau of Land Management, Winnemucca Field Office, Attn: Dave Cooper, 1500 E. Winnemucca Blvd., Winnemucca, NV 89445–2921. Internet e-mail: dave_cooper@nv.blm.gov. E:\FR\FM\09NON1.SGM 09NON1 63626 Federal Register / Vol. 72, No. 217 / Friday, November 9, 2007 / Notices FOR FURTHER INFORMATION CONTACT: Dave Cooper, NCA Manager, Winnemucca Field Office, 1500 E. Winnemucca Blvd., Winnemucca, NV 89445–2921, telephone 775–623–1500. SUPPLEMENTARY INFORMATION: I. Procedures for Submitting Comments Comments on the proposed supplementary rules should be specific, should be confined to issues pertinent to the proposed supplementary rules and should explain the reason for any recommended change. Where possible, comments should reference the specific section or paragraph of the proposal addressed. Comments received after the close of the comment period (see DATES) or delivered to an address other than those listed above (see ADDRESSES) may not be considered or included in the administrative record for the final rule. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. mstockstill on PROD1PC66 with NOTICES II. 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). BLM has already completed substantial public participation and coordination during the development of the collaborative RMP for the NCA, associated wilderness, and other contiguous lands in Nevada. This public participation included the following: Eight scoping and collaborative planning workshops; five public comment meetings; ten Resource Advisory Council subgroup meetings; six meetings with the State of Nevada Black Rock Planning team; eight tribal consultation meetings with six different Indian tribes; and receipt and analysis of some 4,529 comments. Therefore, BLM is limiting the public comment period for these proposed supplementary rules to 30 days as a result of this extensive outreach. III. Discussion of Proposed Supplementary Rules These supplementary rules will 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, VerDate Aug<31>2005 23:48 Nov 08, 2007 Jkt 214001 associated wilderness, and other contiguous lands as set forth in the RMP. BLM has determined these 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 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 the proposed supplementary rules make reference to designated camping areas, routes and trails, management zones, etc. Those designations were developed as part of the collaborative resource management planning process for the NCA, and 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 proposed supplementary rules will apply, 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. Executive Order 12866, Regulatory Planning and Review These proposed 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 proposed supplementary rules will not have an annual 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. These proposed supplementary rules will not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency. These proposed 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. Frm 00080 Fmt 4703 Sfmt 4703 Executive Order 12866 requires each agency to write regulations that are simple and easy to understand. We invite your comments on how to make these proposed supplementary rules easier to understand, including answers to questions such as the following: (1) Are the requirements in the proposed supplementary rules clearly stated? (2) Do the proposed supplementary rules contain technical language or jargon that interferes with their clarity? (3) Does the format of the proposed supplementary rules (grouping and order of sections, use of headings, paragraphing, etc.) aid or reduce their clarity? (4) Would the supplementary rules be easier to understand if they were divided into more (but shorter) sections? (5) Is the description of the proposed supplementary rules in the SUPPLEMENTARY INFORMATION section of this preamble helpful to your understanding of the proposed supplementary rules? How could this description be more helpful in making the proposed supplementary rules easier to understand? Please send any comments you have on the clarity of the supplementary rules to the address specified in the ADDRESSES section. National Environmental Policy Act IV. Procedural Matters PO 00000 Clarity of the Supplementary Rules 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 rules that will be made enforceable by implementation of each of these supplemental rules. These rules were analyzed in Chapter 2, Alternatives, of the Proposed Resource Management Plan and Final Environmental Impact Statement for the Black Rock DesertHigh Rock Canyon Emigrant Trails National Conservation Area (NCA) and Associated Wilderness, and Other Contiguous Lands in Nevada published in 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 E:\FR\FM\09NON1.SGM 09NON1 Federal Register / Vol. 72, No. 217 / Friday, November 9, 2007 / Notices 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 proposed supplementary rules should have little or no economic effect on entities of whatever size. They would 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. Therefore, BLM has determined under the RFA that these proposed supplementary rules do not require preparation of a regulatory flexibility analysis. Small Business Regulatory Enforcement Fairness Act (SBREFA) These proposed supplementary rules are not a ‘‘major rule’’ as defined at 5 U.S.C. 804(2). They would 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 foreignbased enterprises in domestic and export markets. They would 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. mstockstill on PROD1PC66 with NOTICES Unfunded Mandates Reform Act These proposed supplementary rules do 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. The proposed supplementary rules also would not have a significant or unique effect on small governments. They would 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. 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 proposed supplementary rules are not a government action capable of interfering with constitutionally VerDate Aug<31>2005 23:48 Nov 08, 2007 Jkt 214001 protected property rights. The proposed supplementary rules would have no effect on private lands or property, other than property that is abandoned. Therefore, the BLM has determined that the rule would not cause a taking of private property or require preparation of a takings assessment under this Executive Order. Executive Order 13132, Federalism The proposed supplementary rules would 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. The proposed supplementary rules would have little or no effect on state or local government. Therefore, in accordance with Executive Order 13132, BLM has determined that these proposed 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, BLM determined that these proposed supplementary rules would 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 DesertHigh 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 the proposed supplementary rules are designed to enforce. Therefore, in accordance with Executive Order 13175, BLM has found that these proposed supplementary rules do not include policies that have tribal implications. Paperwork Reduction Act These proposed 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. PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 63627 Proposed 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 proposes to establish the following rules on all public lands within the 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 otherwise 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. Similar limits apply to each of the following: 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 hole, unless campsites are designated by 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 E:\FR\FM\09NON1.SGM 09NON1 63628 Federal Register / Vol. 72, No. 217 / Friday, November 9, 2007 / Notices mstockstill on PROD1PC66 with NOTICES 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 overnight occupancy. Common invertebrate fossil—Any fossilized marine life form without a spinal column, including snails, corals, diatoms, fusulinds, and clams. Designated site—Specific location identified by 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 designated motorized road or motorized trail. Management zone—The three administrative designations 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. VerDate Aug<31>2005 23:48 Nov 08, 2007 Jkt 214001 Wilderness zone—Those lands that are intended to provide an undeveloped, primitive, and selfdirected visitor experience without motorized or mechanized access and where facilities are nonexistent. 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, webbing, etc. 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. No scars should be visible after the fire has been extinguished. 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. Vehicle camping—Parking of a motor vehicle, motor home, or trailer for the purpose of overnight occupancy within one-fourth mile of the parked vehicle, motor home, or trailer. Water hole—Any spring, seep, or other water source used by wildlife or domestic stock. 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). Dated: July 2, 2007. Ron Wenker, BLM State Director, Nevada. Dated: July 16, 2007. Mike Pool, BLM State Director, California. Editorial Note: This document was received at the Office of the Federal Register on November 6, 2007. [FR Doc. E7–22001 Filed 11–8–07; 8:45 am] BILLING CODE 4310–HC–P PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 DEPARTMENT OF THE INTERIOR Bureau of Reclamation California Bay-Delta Public Advisory Committee Public Meeting Bureau of Reclamation, Interior. ACTION: Notice of meeting. AGENCY: SUMMARY: In accordance with the Federal Advisory Committee Act, the California Bay-Delta Public Advisory Committee (Committee) will meet on December 13, 2007. This meeting will be held jointly with the California BayDelta Authority. The agenda for the joint meeting will include discussions with State and Federal agency representatives on CALFED End of Stage 1 decisions and planning for Stage 2 actions for the CALFED Bay-Delta Program (Program); and approval of the 2007 Statement of Program Accomplishments and Progress, and the 2008 Program Plans. The meeting will also include reports from the Lead Scientist and the Independent Science Board, along with updates on Delta Vision, Delta Risk Management Strategy, Bay-Delta Conservation Plan, Program Performance and Tracking, Performance Measures, and an Environmental Justice Framework. DATES: The meeting will be held on Thursday, December 13, 2007, from 9 a.m. to 4 p.m. If reasonable accommodation is needed due to a disability, please contact Colleen Kirtlan at (916) 445–5511 or TDD (800) 735– 2929 at least 1 week prior to the meeting. The meeting will be held at the Sacramento Convention Center, Room 202, located at 1400 J Street, Sacramento, California. FOR FURTHER INFORMATION CONTACT: Diane Buzzard, U.S. Bureau of Reclamation, at 916–978–5022 or Julie Alvis, California Bay-Delta Program, at 916–445–5511. SUPPLEMENTARY INFORMATION: The Committee was established to provide advice and recommendations to the Secretary of the Interior on implementation of the CALFED BayDelta Program. The Committee makes recommendations on annual priorities, integration of the eleven Program elements, and overall balancing of the four Program objectives of ecosystem restoration, water quality, levee system integrity, and water supply reliability. The Program is a consortium of State and Federal agencies with the mission to develop and implement a long-term comprehensive plan that will restore ADDRESSES: E:\FR\FM\09NON1.SGM 09NON1

Agencies

[Federal Register Volume 72, Number 217 (Friday, November 9, 2007)]
[Notices]
[Pages 63625-63628]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-22001]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-025-1220-PC; 8-08807]


Notice of Proposed Supplementary Rules on Public Land in Nevada

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed supplementary rules for certain public lands managed 
by the Bureau of Land Management, Black Rock Desert-High Rock Canyon 
Emigrant Trails National Conservation Area, associated congressionally-
designated wilderness and other contiguous lands, in Humboldt, Pershing 
and Washoe counties, Nevada.

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SUMMARY: The Bureau of Land Management (BLM) Winnemucca Field Office, 
Nevada, and Surprise Field Office, California, are proposing 
supplementary rules for the Black Rock Desert-High Rock Canyon Emigrant 
Trails National Conservation Area (NCA), associated designated 
wilderness, and other contiguous lands as identified in the Resource 
Management Plan (RMP) and Record of Decision. The rules are needed in 
order to protect the area's natural and cultural resources and provide 
for public health and safety on public lands. These 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: Comments on the proposed supplementary rules must be received or 
postmarked by December 10, 2007 to be assured consideration. In 
developing final supplementary rules, BLM need not consider comments 
postmarked or received in person or by electronic mail after this date.

ADDRESSES: Bureau of Land Management, Winnemucca Field Office, Attn: 
Dave Cooper, 1500 E. Winnemucca Blvd., Winnemucca, NV 89445-2921.
    Internet e-mail: dave_cooper@nv.blm.gov.

[[Page 63626]]


FOR FURTHER INFORMATION CONTACT: Dave Cooper, NCA Manager, Winnemucca 
Field Office, 1500 E. Winnemucca Blvd., Winnemucca, NV 89445-2921, 
telephone 775-623-1500.

SUPPLEMENTARY INFORMATION:

I. Procedures for Submitting Comments

    Comments on the proposed supplementary rules should be specific, 
should be confined to issues pertinent to the proposed supplementary 
rules and should explain the reason for any recommended change. Where 
possible, comments should reference the specific section or paragraph 
of the proposal addressed. Comments received after the close of the 
comment period (see DATES) or delivered to an address other than those 
listed above (see ADDRESSES) may not be considered or included in the 
administrative record for the final rule.
    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

II. 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).
    BLM has already completed substantial public participation and 
coordination during the development of the collaborative RMP for the 
NCA, associated wilderness, and other contiguous lands in Nevada. This 
public participation included the following: Eight scoping and 
collaborative planning workshops; five public comment meetings; ten 
Resource Advisory Council subgroup meetings; six meetings with the 
State of Nevada Black Rock Planning team; eight tribal consultation 
meetings with six different Indian tribes; and receipt and analysis of 
some 4,529 comments. Therefore, BLM is limiting the public comment 
period for these proposed supplementary rules to 30 days as a result of 
this extensive outreach.

III. Discussion of Proposed Supplementary Rules

    These supplementary rules will 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. BLM has 
determined these 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 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 the proposed supplementary rules make reference to 
designated camping areas, routes and trails, management zones, etc. 
Those designations were developed as part of the collaborative resource 
management planning process for the NCA, and 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 proposed 
supplementary rules will apply, 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 proposed 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 proposed supplementary rules will 
not have an annual 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. These proposed 
supplementary rules will not create a serious inconsistency or 
otherwise interfere with an action taken or planned by another agency. 
These proposed 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. We invite your comments on how 
to make these proposed supplementary rules easier to understand, 
including answers to questions such as the following: (1) Are the 
requirements in the proposed supplementary rules clearly stated? (2) Do 
the proposed supplementary rules contain technical language or jargon 
that interferes with their clarity? (3) Does the format of the proposed 
supplementary rules (grouping and order of sections, use of headings, 
paragraphing, etc.) aid or reduce their clarity? (4) Would the 
supplementary rules be easier to understand if they were divided into 
more (but shorter) sections? (5) Is the description of the proposed 
supplementary rules in the SUPPLEMENTARY INFORMATION section of this 
preamble helpful to your understanding of the proposed supplementary 
rules? How could this description be more helpful in making the 
proposed supplementary rules easier to understand?
    Please send any comments you have on the clarity of the 
supplementary rules to the address specified in the ADDRESSES section.

National Environmental Policy Act

    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 
rules that will be made enforceable by implementation of each of these 
supplemental rules. These rules were analyzed 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 published in 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

[[Page 63627]]

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 proposed supplementary rules should have little or no economic 
effect on entities of whatever size. They would 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. Therefore, BLM 
has determined under the RFA that these proposed supplementary rules do 
not require preparation of a regulatory flexibility analysis.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    These proposed supplementary rules are not a ``major rule'' as 
defined at 5 U.S.C. 804(2). They would 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 would 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

    These proposed supplementary rules do 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. The proposed 
supplementary rules also would not have a significant or unique effect 
on small governments. They would 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. 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 proposed supplementary rules are not a government action 
capable of interfering with constitutionally protected property rights. 
The proposed supplementary rules would have no effect on private lands 
or property, other than property that is abandoned. Therefore, the BLM 
has determined that the rule would not cause a taking of private 
property or require preparation of a takings assessment under this 
Executive Order.

Executive Order 13132, Federalism

    The proposed supplementary rules would 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. The proposed 
supplementary rules would have little or no effect on state or local 
government. Therefore, in accordance with Executive Order 13132, BLM 
has determined that these proposed 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, BLM determined that these proposed 
supplementary rules would 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 the proposed 
supplementary rules are designed to enforce. Therefore, in accordance 
with Executive Order 13175, BLM has found that these proposed 
supplementary rules do not include policies that have tribal 
implications.

Paperwork Reduction Act

    These proposed 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.

Proposed 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 proposes to 
establish the following rules on all public lands within the 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 otherwise 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. 
Similar limits apply to each of the following: 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 hole, unless campsites are designated by 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

[[Page 63628]]

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 overnight 
occupancy.
    Common invertebrate fossil--Any fossilized marine life form without 
a spinal column, including snails, corals, diatoms, fusulinds, and 
clams.
    Designated site--Specific location identified by 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 designated motorized road 
or motorized trail.
    Management zone--The three administrative designations 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.
    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, webbing, etc.
    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. No scars should be 
visible after the fire has been extinguished.
    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.
    Vehicle camping--Parking of a motor vehicle, motor home, or trailer 
for the purpose of overnight occupancy within one-fourth mile of the 
parked vehicle, motor home, or trailer.
    Water hole--Any spring, seep, or other water source used by 
wildlife or domestic stock.

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).

    Dated: July 2, 2007.
Ron Wenker,
BLM State Director, Nevada.
    Dated: July 16, 2007.
Mike Pool,
BLM State Director, California.

    Editorial Note: This document was received at the Office of the 
Federal Register on November 6, 2007.
[FR Doc. E7-22001 Filed 11-8-07; 8:45 am]
BILLING CODE 4310-HC-P