Notice of Final Supplementary Rules for Public Lands in Idaho: Blue Creek Bay Recreation Management Area, 76483-76485 [2010-30717]

Download as PDF Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Notices accordance with the instructions in the ADDRESSES section of this notice. HUD’s draft notice will be posted and is available at http://www.hud.gov/offices/ hsg/mfh/progdesc/progdesc.cfm. Comment Due Date: January 18, 2011. ADDRESSES: Interested persons are invited to submit comments on HUD’s draft Section 202/811 Program Guidance. Communications must refer to the above docket number and title. There are two methods of submitting public comments: 1. Submission of Comments by Mail. Comments may be submitted by mail posted by the due date to the Department of Housing and Urban Development, Attention: Section 202/ 811 Processing Guidance, 451 7th Street, SW., Room 6134, Washington, DC 20410. 2. Submission of comments by e-mail. Comments may be submitted by e-mail to 202/811Mixed-Finance@hud.gov. Facsimile (Fax) comments will not be accepted. All communications must refer to the above docket number and title. Comments must specifically identify the page and paragraph number to which they refer. FOR FURTHER INFORMATION CONTACT: Kerry Mulholland, Office of Multifamily Housing Development, Office of Housing, Department of Housing and Urban Development, 451 7th Street, SW., Room 6128, Washington, DC 20410, telephone 202–708–3000 Ext. 2649. Carol J. Galante, Deputy Assistant Secretary for Multifamily Housing Programs. [FR Doc. 2010–30689 Filed 12–7–10; 8:45 am] BILLING CODE P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Land Acquisitions; Cherokee Nation of Oklahoma Bureau of Indian Affairs, Interior. ACTION: Notice of Final Agency Determination. AGENCY: The Assistant Secretary— Indian Affairs made a final agency determination to acquire approximately 16.61 acres of land into trust for the Cherokee Nation of Oklahoma on November 10, 2010. FOR FURTHER INFORMATION CONTACT: Paula L. Hart, Director, Office of Indian Gaming, Bureau of Indian Affairs, MS– 3657 MIB, 1849 C Street, NW., jlentini on DSKJ8SOYB1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 18:23 Dec 07, 2010 Jkt 223001 Washington, DC 20240; Telephone (202) 219–4066. This notice is published in the exercise of authority delegated by the Secretary of the Interior to the Assistant Secretary— Indian Affairs by 209 Departmental Manual 8.1 and is published to comply with the requirements of 25 CFR Part 151.12(b) that notice be given to the public of the Secretary’s decision to acquire land in trust at least 30 days prior to signatory acceptance of the land into trust. The purpose of the 30-day waiting period in 25 CFR 151.12(b) is to afford interested parties the opportunity to seek judicial review of final administrative decisions to take land in trust for Indian Tribes and individual Indians before transfer of title to the property occurs. On November 10, 2010, the Assistant Secretary—Indian Affairs decided to accept approximately 16.61 acres of land into trust for the Cherokee Nation of Oklahoma under the authority of the Indian Reorganization Act of 1934, 25 U.S.C. 465. The 16.61 acres are located within the former reservation boundaries of the Cherokee Nation in Cherokee County, Oklahoma. The parcel will be used for a gaming establishment. The 16.61 acre parcel located in Cherokee County, Oklahoma is described as follows: A tract of land lying in and being a part of the SE1⁄4 SW1⁄4 of Section 16, Township 16 North, Range 22 East, I.B.&M., Cherokee County, Oklahoma, more particularly described as follows, to-wit: BEGINNING at the SE corner of said SE1⁄4 SW1⁄4; thence North 89°54′ West along the South Boundary of said SE1⁄4 SW1⁄4, 420.68 feet to a point on the Easterly Boundary of Oklahoma State Highway No. 82; thence North 36°26′02″ West along the Easterly Boundary of Oklahoma State Highway No. 82, 300.1 feet; thence in a Northerly direction, on a curve to the right, having a radius of 651.2 feet; an arc distance of 570.56; thence North 36°16′57″ East, 283.22 feet; thence North 53°43′03″ West, 55.0 feet to a point on the Easterly boundary of U.S. Highway No. 62; thence Northeasterly, along the Easterly boundary of U.S. Highway No. 62, on a curve to the left; having a radius of 3645.99 feet; an arc distance of 27.29 feet; thence South 42°55′ East, 183.0 feet; thence North 34°10′ East, 135.0 feet; thence North 32°03′ East, 325.3 feet; thence South 89°53′ East, 197.6 feet to the NE corner of said SE1⁄4 SW1⁄4; thence South 0°07′ West, 1319.75 feet to the POINT OF BEGINNING; LESS AND EXCEPT: SUPPLEMENTARY INFORMATION: PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 76483 A strip, piece or parcel of land lying in part of the SE1⁄44 SW1⁄44 of Section 16, Township 16 North, Range 22 East. Said parcel of land being described by meters and bounds as follows: BEGINNING at a point on the South line of said SE1⁄4 SW1⁄4; a distance of 399.49 feet (121.764 meters) West of the SE corner of said SE1⁄4 SW1⁄4; thence West along said South line a distance of 21.19 feet (6.457 meters) to a point on the present East rights of way line of State Highway No. 82. thence Northwesterly along said right of way line a distance of 449.32 feet (136.953 meters), thence South 38°18′29″ East a distance of 460.63 feet (140.400 meters) to a POINT OF BEGINNING, containing 0.15 acres (0.061 hectares), more or less, of new right of way, the remaining area included in the above description being right of way occupied by the present highway. All bearings contained in this description are based on the Oklahoma State Plane Coordinate System and are not astronomical bearings. Dated: November 10, 2010. Donald Laverdure, Deputy Assistant Secretary. [FR Doc. 2010–30867 Filed 12–7–10; 8:45 am] BILLING CODE 4310–4N–P DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLIDC0100000.L12200000.IA0000.241A.0; 4500012836] Notice of Final Supplementary Rules for Public Lands in Idaho: Blue Creek Bay Recreation Management Area Bureau of Land Management, Interior. ACTION: Final supplementary rules. AGENCY: The Bureau of Land Management (BLM) Coeur d’Alene Field Office (CdAFO) is finalizing supplementary rules to regulate conduct on public lands within the Blue Creek Bay Recreation Management Area (BCBRMA). These supplementary rules are needed to implement decisions set out in the Blue Creek Bay Recreation Project Plan Environmental Assessment (EA) (2009) and in the Coeur d’Alene Resource Management Plan (RMP), to protect public lands, resources, and public health and provide for public safety. SUMMARY: These rules are effective January 7, 2011. ADDRESSES: You may direct inquiries to the Bureau of Land Management, Coeur d’Alene Field Office, 3815 Schreiber DATES: E:\FR\FM\08DEN1.SGM 08DEN1 76484 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Notices Way, Coeur d’Alene, ID 83815; or e-mail Brian_White@blm.gov. FOR FURTHER INFORMATION CONTACT: Brian White, Bureau of Land Management Outdoor Recreation Planner (208) 769–5031 or e-mail: Brian_White@blm.gov. SUPPLEMENTARY INFORMATION: I. Background II. Discussion of Public Comments III. Discussion of Supplementary Rule IV. Procedural Matters jlentini on DSKJ8SOYB1PROD with NOTICES I. Background Through a series of transactions over a 10-year period, the BLM acquired 736 acres of public land surrounding Blue Creek Bay on Lake Coeur d’Alene. The acquisition generated considerable public interest and required a substantial investment of public funds. The parcels were acquired with the intent of providing public access to the lake while retaining many of the natural elements in close proximity to a rapidly growing urban/suburban area. The key issues of management concern are public health and safety and long-term management of public recreational access to the property. In developing a recreation plan for this area, the BLM conducted extensive public outreach in 2007 and 2008 and analyzed alternative levels of development and different management strategies for the area. The plan considered the physical location and characteristics of the area, natural resource values, recreational opportunities, and public input. The Blue Creek Bay Recreation Project Plan (BCBRPP), approved in January 2009, identified a modest level of development designed for day use only of new waterfront facilities that will include a parking area, docks, vault toilet and picnic sites, development of an upland trailhead and non-motorized trails, and the installation of an accessible nature trail with interpretive displays for environmental education. The BCBRPP identified six supplementary rules necessary for the safety of the adjacent landowners, public land users, and other visitors to the area. II. Discussion of Public Comments The BLM CdAFO proposed these supplementary rules in the Federal Register on July 13, 2009 (74 FR 33469). Public comments were accepted for a 30-day period ending on August 12, 2009. The BLM received no public comments during the comment period. III. Discussion of Supplementary Rules The final supplementary rules apply to the public lands within the BCBRMA. VerDate Mar<15>2010 18:23 Dec 07, 2010 Jkt 223001 The BCBRMA includes specific management actions that restrict certain activities and define allowable uses which were identified and analyzed in the BCBRPP EA. The final supplementary rules implement these management actions within the BCBRMA. These final supplementary rules are necessary to protect natural resources on public land and provide for the public’s health and safety. Please see the preamble to the proposed rule (74 FR 33469–33470) for discussion of the supplementary rules. The final supplementary rules do not incorporate any substantive changes from the proposed supplementary rules. Internal review led to some technical changes. The legal land description added the term ‘‘above Yellowstone Road’’ in order to clarify that the specified lots were above Yellowstone Road. However, this addition does not alter the reading of the land description. The proposed supplementary rules included an ‘‘Enforcement’’ section, which was changed to ‘‘Penalties’’ to reflect current BLM nomenclature. The final rules do not reference 43 CFR 2932.57(b) in the Penalties section because these regulations apply to Special Recreation Permits, which are not relevant for the supplementary rules. IV. Procedural Matters Executive Order 12866, Regulatory Planning and Review These supplementary rules are not significant and are not subject to review by the Office of Management and Budget under Executive Order (EO) 12866. These supplementary rules will not have an effect of $100 million or more on the economy, nor will they adversely affect in a material way the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or Tribal governments or communities. These 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 or entitlements, grants, user fees, or loan programs or the rights or obligations of their recipients nor do they raise novel legal or policy issues. The supplementary rules will not affect legal commercial activity, but merely contain rules of conduct for public use of a limited area of public lands. Regulatory Flexibility Act Congress enacted the Regulatory Flexibility Act of 1980 (RFA), as amended (5 U.S.C. 601–612) to ensure PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 that government regulations do not unnecessarily or disproportionately burden small entities. The RFA requires a regulatory flexibility analysis if a rule would have a significant economic impact, either detrimental or beneficial, on a substantial number of small entities. These supplementary rules merely establish rules of conduct for public use of a limited area of public lands. Therefore, the BLM has determined that under the RFA these final supplementary rules do not have a significant economic impact on a substantial number of small entities. Small Business Regulatory Enforcement Fairness Act These final supplementary rules are not considered a ‘‘major rule’’ as defined under 5 U.S.C. 804(2). The supplementary rules merely establish rules of conduct for public use of a limited area of public lands and do not affect commercial or business activities of any kind. Unfunded Mandates Reform Act These final supplementary rules 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; nor do they have a significant or unique effect on State, local or Tribal governments or the private sector. The final supplementary rules merely establish rules of conduct for public use of a limited area of public lands and have no effect on State, local or Tribal governments and do not impose any requirements on any of these entities. Therefore, the BLM is not required to prepare a statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.). Executive Order 12630, Governmental Actions and Interference With Constitutionally Protected Property Rights (Takings) These final supplementary rules do not represent a government action capable of interfering with constitutionally protected property rights. The final supplementary rules do not address property rights in any form, and do not cause the impairment of one’s property rights. Therefore, the BLM has determined that these rules do not cause a ‘‘taking’’ of private property or require preparation of a takings assessment under this Executive Order. Executive Order 13132, Federalism These final supplementary rules will not have a substantial direct effect on the States, on the relationship between E:\FR\FM\08DEN1.SGM 08DEN1 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Notices the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. These final supplementary rules do not conflict with any Idaho State law or regulation. Therefore, in accordance with Executive Order 13132, the BLM has determined that these final 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 Idaho State Office of the BLM has determined that these final supplementary rules do not unduly burden the judicial system and meet the requirements of sections 3(a) and 3(b)(2) of the Order. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments In accordance with Executive Order 13175, the BLM found that these supplementary rules would not include policies that have Tribal implications. Since the rules do not change BLM policy and do not involve Tribal lands, resources, or religious rights, the BLM has determined that additional Tribal consultation is not necessary. jlentini on DSKJ8SOYB1PROD with NOTICES Paperwork Reduction Act These final supplementary rules do not contain any information collection that the Office of Management and Budget must approve under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. Any information collection that may result from Federal criminal investigations or prosecutions conducted under these proposed supplementary rules is exempt from the provisions of the Paperwork Reduction Act of 1995, as provided at 44 U.S.C. 3518(c)(1). National Environmental Policy Act (NEPA) The BLM prepared an EA (ID–410– 2008–EA–60) and an associated Finding of No Significant Impact (FONSI) for the BCBRPP, for which a Decision Record was issued January 9, 2009. The proposed rules and their environmental effects were analyzed in the EA, and the Decision Record adopted the supplementary rules. The supplementary rules are consistent with and necessary to carry out the direction of the RMP and the BCBRPP. They establish rules of conduct for public use within the BCBRMA to protect public health and safety and improve the protection of the resources. The BLM VerDate Mar<15>2010 18:23 Dec 07, 2010 Jkt 223001 has placed the EA, FONSI and Decision Record on file in the BLM Administrative Record at the address specified in the ADDRESSES section. Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use These final supplementary rules do not comprise a significant energy action. The supplementary rules do not have an adverse effect on energy supplies, production, or consumption. They have no connection with energy policy. Author The principal author of this supplementary rule is Brian White, Outdoor Recreation Planner, Coeur d’Alene Field Office, Bureau of Land Management. For the reasons stated in the preamble, and under the authority for supplementary rules found at 43 U.S.C. 1740 and 43 CFR 8365.1–6, the Idaho State Director, Bureau of Land Management, issues supplementary rules for public lands managed by the BLM in Idaho, to read as follows: Supplementary Rules for Blue Creek Bay Recreation Management Area These final supplementary rules apply, except as specifically exempted, to the following described public land comprising the entire 736-acre Blue Creek Bay Recreation Management Area, all of which are contiguous lands in Boise Meridian, Kootenai County, Idaho: T. 50 N., R. 2 W., Section 31: lots 5, 6, 7, 8, and E1⁄2 NE1⁄4 SW1⁄4. T. 50 N., R. 3 W., Sec. 26: portion of SW1⁄4 south and west of Sunnyside Road and Sec. 35: portions of lots 1, 2, 7 above Sunnyside Road; lots 4, 5, 6, and N1⁄2 NW1⁄4, W1⁄2 NE1⁄4. T. 49 N., R. 2 W., Sec. 6: lot 4. T. 49 N., R. 3 W., Sec. 1: portions of lots 1, 2, 5, 6 above Yellowstone Road. Containing 736 acres more or less. 1. You must not occupy or use the Blue Creek Bay public lands from one hour after sundown to one hour before sunrise. 2. You must not moor any boat overnight on any BLM-managed structure or shoreline. 3. You must not start or maintain any open campfires, except when completely contained within permanently installed steel fire grates or cooking grills. 4. You must not discharge a firearm (powered by compressed gas or gunpowder) for hunting, target practice or other purposes, except that: PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 76485 A. Waterfowl hunters may hunt waterfowl below the high water mark of Lake Coeur d’Alene within Blue Creek Bay. 5. You must not use motor vehicles off county roads. 6. You must not cut or collect firewood. Exceptions These supplementary rules do not apply to emergency, law enforcement, and Federal or other government entities while conducting official or emergency duties. Motor vehicle restrictions likewise do not apply to emergency, law enforcement, and Federal or other government motor vehicles while conducting official or emergency duties. Exemptions to these supplementary rules may be granted on a case-by-case basis as deemed appropriate by the Authorized Officer. The prohibition of discharging a firearm in rule 4 has no effect on hunting by licensed hunters in legitimate pursuit of waterfowl on lands managed by Idaho Department of Lands during the proper season with appropriate firearms. Penalties: Any person who violates any of these supplementary rules may be tried before a United States Magistrate and fined up to $1,000, imprisoned for up to 12 months, or both, in accordance with 43 U.S.C. 1733(a) and 43 CFR 8360.0–7. Such violations may also be subject to the enhanced fines provided for by 18 U.S.C. 3571. In accordance with 43 CFR 8365.1–7, State or local officials may also impose penalties for violations of Idaho law. Peter J. Ditton, Acting Idaho State Director. [FR Doc. 2010–30717 Filed 12–7–10; 8:45 am] BILLING CODE 4310–GG–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–718] Certain Electronic Paper Towel Dispensing Devices and Components Thereof; Notice of Commission Determination Not To Review an Initial Determination Granting Complainant’s Motion To Amend the Complaint and Notice of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law SUMMARY: E:\FR\FM\08DEN1.SGM 08DEN1

Agencies

[Federal Register Volume 75, Number 235 (Wednesday, December 8, 2010)]
[Notices]
[Pages 76483-76485]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30717]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLIDC0100000.L12200000.IA0000.241A.0; 4500012836]


Notice of Final Supplementary Rules for Public Lands in Idaho: 
Blue Creek Bay Recreation Management Area

AGENCY: Bureau of Land Management, Interior.

ACTION: Final supplementary rules.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Land Management (BLM) Coeur d'Alene Field Office 
(CdAFO) is finalizing supplementary rules to regulate conduct on public 
lands within the Blue Creek Bay Recreation Management Area (BCBRMA). 
These supplementary rules are needed to implement decisions set out in 
the Blue Creek Bay Recreation Project Plan Environmental Assessment 
(EA) (2009) and in the Coeur d'Alene Resource Management Plan (RMP), to 
protect public lands, resources, and public health and provide for 
public safety.

DATES: These rules are effective January 7, 2011.

ADDRESSES: You may direct inquiries to the Bureau of Land Management, 
Coeur d'Alene Field Office, 3815 Schreiber

[[Page 76484]]

Way, Coeur d'Alene, ID 83815; or e-mail Brian_White@blm.gov.

FOR FURTHER INFORMATION CONTACT: Brian White, Bureau of Land Management 
Outdoor Recreation Planner (208) 769-5031 or e-mail: Brian_White@blm.gov.

SUPPLEMENTARY INFORMATION:

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

I. Background

    Through a series of transactions over a 10-year period, the BLM 
acquired 736 acres of public land surrounding Blue Creek Bay on Lake 
Coeur d'Alene. The acquisition generated considerable public interest 
and required a substantial investment of public funds. The parcels were 
acquired with the intent of providing public access to the lake while 
retaining many of the natural elements in close proximity to a rapidly 
growing urban/suburban area. The key issues of management concern are 
public health and safety and long-term management of public 
recreational access to the property.
    In developing a recreation plan for this area, the BLM conducted 
extensive public outreach in 2007 and 2008 and analyzed alternative 
levels of development and different management strategies for the area. 
The plan considered the physical location and characteristics of the 
area, natural resource values, recreational opportunities, and public 
input. The Blue Creek Bay Recreation Project Plan (BCBRPP), approved in 
January 2009, identified a modest level of development designed for day 
use only of new waterfront facilities that will include a parking area, 
docks, vault toilet and picnic sites, development of an upland 
trailhead and non-motorized trails, and the installation of an 
accessible nature trail with interpretive displays for environmental 
education. The BCBRPP identified six supplementary rules necessary for 
the safety of the adjacent landowners, public land users, and other 
visitors to the area.

II. Discussion of Public Comments

    The BLM CdAFO proposed these supplementary rules in the Federal 
Register on July 13, 2009 (74 FR 33469). Public comments were accepted 
for a 30-day period ending on August 12, 2009. The BLM received no 
public comments during the comment period.

III. Discussion of Supplementary Rules

    The final supplementary rules apply to the public lands within the 
BCBRMA. The BCBRMA includes specific management actions that restrict 
certain activities and define allowable uses which were identified and 
analyzed in the BCBRPP EA. The final supplementary rules implement 
these management actions within the BCBRMA. These final supplementary 
rules are necessary to protect natural resources on public land and 
provide for the public's health and safety. Please see the preamble to 
the proposed rule (74 FR 33469-33470) for discussion of the 
supplementary rules.
    The final supplementary rules do not incorporate any substantive 
changes from the proposed supplementary rules. Internal review led to 
some technical changes. The legal land description added the term 
``above Yellowstone Road'' in order to clarify that the specified lots 
were above Yellowstone Road. However, this addition does not alter the 
reading of the land description. The proposed supplementary rules 
included an ``Enforcement'' section, which was changed to ``Penalties'' 
to reflect current BLM nomenclature. The final rules do not reference 
43 CFR 2932.57(b) in the Penalties section because these regulations 
apply to Special Recreation Permits, which are not relevant for the 
supplementary rules.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These supplementary rules are not significant and are not subject 
to review by the Office of Management and Budget under Executive Order 
(EO) 12866. These supplementary rules will not have an effect of $100 
million or more on the economy, nor will they adversely affect in a 
material way the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or Tribal 
governments or communities. These 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 or entitlements, grants, user fees, or loan programs 
or the rights or obligations of their recipients nor do they raise 
novel legal or policy issues. The supplementary rules will not affect 
legal commercial activity, but merely contain rules of conduct for 
public use of a limited area of public lands.

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 merely 
establish rules of conduct for public use of a limited area of public 
lands. Therefore, the BLM has determined that under the RFA these final 
supplementary rules do not have a significant economic impact on a 
substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act

    These final supplementary rules are not considered a ``major rule'' 
as defined under 5 U.S.C. 804(2). The supplementary rules merely 
establish rules of conduct for public use of a limited area of public 
lands and do not affect commercial or business activities of any kind.

Unfunded Mandates Reform Act

    These final supplementary rules 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; nor do they have a 
significant or unique effect on State, local or Tribal governments or 
the private sector. The final supplementary rules merely establish 
rules of conduct for public use of a limited area of public lands and 
have no effect on State, local or Tribal governments and do not impose 
any requirements on any of these entities. Therefore, the BLM is not 
required to prepare a statement containing the information required by 
the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.).

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

    These final supplementary rules do not represent a government 
action capable of interfering with constitutionally protected property 
rights. The final supplementary rules do not address property rights in 
any form, and do not cause the impairment of one's property rights. 
Therefore, the BLM has determined that these rules do not cause a 
``taking'' of private property or require preparation of a takings 
assessment under this Executive Order.

Executive Order 13132, Federalism

    These final supplementary rules will not have a substantial direct 
effect on the States, on the relationship between

[[Page 76485]]

the National Government and the States, or on the distribution of power 
and responsibilities among the various levels of government. These 
final supplementary rules do not conflict with any Idaho State law or 
regulation. Therefore, in accordance with Executive Order 13132, the 
BLM has determined that these final 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 Idaho State Office of the BLM has 
determined that these final supplementary rules do not unduly burden 
the judicial system and meet the requirements of sections 3(a) and 
3(b)(2) of the Order.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, the BLM found that these 
supplementary rules would not include policies that have Tribal 
implications. Since the rules do not change BLM policy and do not 
involve Tribal lands, resources, or religious rights, the BLM has 
determined that additional Tribal consultation is not necessary.

Paperwork Reduction Act

    These final supplementary rules do not contain any information 
collection that the Office of Management and Budget must approve under 
the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. Any information 
collection that may result from Federal criminal investigations or 
prosecutions conducted under these proposed supplementary rules is 
exempt from the provisions of the Paperwork Reduction Act of 1995, as 
provided at 44 U.S.C. 3518(c)(1).

National Environmental Policy Act (NEPA)

    The BLM prepared an EA (ID-410-2008-EA-60) and an associated 
Finding of No Significant Impact (FONSI) for the BCBRPP, for which a 
Decision Record was issued January 9, 2009. The proposed rules and 
their environmental effects were analyzed in the EA, and the Decision 
Record adopted the supplementary rules. The supplementary rules are 
consistent with and necessary to carry out the direction of the RMP and 
the BCBRPP. They establish rules of conduct for public use within the 
BCBRMA to protect public health and safety and improve the protection 
of the resources. The BLM has placed the EA, FONSI and Decision Record 
on file in the BLM Administrative Record at the address specified in 
the ADDRESSES section.

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

    These final supplementary rules do not comprise a significant 
energy action. The supplementary rules do not have an adverse effect on 
energy supplies, production, or consumption. They have no connection 
with energy policy.

Author

    The principal author of this supplementary rule is Brian White, 
Outdoor Recreation Planner, Coeur d'Alene Field Office, Bureau of Land 
Management.
    For the reasons stated in the preamble, and under the authority for 
supplementary rules found at 43 U.S.C. 1740 and 43 CFR 8365.1-6, the 
Idaho State Director, Bureau of Land Management, issues supplementary 
rules for public lands managed by the BLM in Idaho, to read as follows:

Supplementary Rules for Blue Creek Bay

Recreation Management Area

    These final supplementary rules apply, except as specifically 
exempted, to the following described public land comprising the entire 
736-acre Blue Creek Bay Recreation Management Area, all of which are 
contiguous lands in Boise Meridian, Kootenai County, Idaho:

T. 50 N., R. 2 W., Section 31: lots 5, 6, 7, 8, and E\1/2\ NE\1/4\ 
SW\1/4\. T. 50 N., R. 3 W., Sec. 26: portion of SW\1/4\ south and 
west of Sunnyside Road and Sec. 35: portions of lots 1, 2, 7 above 
Sunnyside Road; lots 4, 5, 6, and N\1/2\ NW\1/4\, W\1/2\ NE\1/4\.
T. 49 N., R. 2 W., Sec. 6: lot 4. T. 49 N., R. 3 W., Sec. 1: 
portions of lots 1, 2, 5, 6 above Yellowstone Road.

    Containing 736 acres more or less.

    1. You must not occupy or use the Blue Creek Bay public lands from 
one hour after sundown to one hour before sunrise.
    2. You must not moor any boat overnight on any BLM-managed 
structure or shoreline.
    3. You must not start or maintain any open campfires, except when 
completely contained within permanently installed steel fire grates or 
cooking grills.
    4. You must not discharge a firearm (powered by compressed gas or 
gunpowder) for hunting, target practice or other purposes, except that:
    A. Waterfowl hunters may hunt waterfowl below the high water mark 
of Lake Coeur d'Alene within Blue Creek Bay.
    5. You must not use motor vehicles off county roads.
    6. You must not cut or collect firewood.

Exceptions

    These supplementary rules do not apply to emergency, law 
enforcement, and Federal or other government entities while conducting 
official or emergency duties. Motor vehicle restrictions likewise do 
not apply to emergency, law enforcement, and Federal or other 
government motor vehicles while conducting official or emergency 
duties. Exemptions to these supplementary rules may be granted on a 
case-by-case basis as deemed appropriate by the Authorized Officer. The 
prohibition of discharging a firearm in rule 4 has no effect on hunting 
by licensed hunters in legitimate pursuit of waterfowl on lands managed 
by Idaho Department of Lands during the proper season with appropriate 
firearms.
    Penalties: Any person who violates any of these supplementary rules 
may be tried before a United States Magistrate and fined up to $1,000, 
imprisoned for up to 12 months, or both, in accordance with 43 U.S.C. 
1733(a) and 43 CFR 8360.0-7. Such violations may also be subject to the 
enhanced fines provided for by 18 U.S.C. 3571.
    In accordance with 43 CFR 8365.1-7, State or local officials may 
also impose penalties for violations of Idaho law.

Peter J. Ditton,
Acting Idaho State Director.
[FR Doc. 2010-30717 Filed 12-7-10; 8:45 am]
BILLING CODE 4310-GG-P