Proposed Supplementary Rules for the Morley Nelson Snake River Birds of Prey National Conservation Area, 42327-42329 [2012-17448]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 77, Number 138 (Wednesday, July 18, 2012)]
[Notices]
[Pages 42327-42329]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17448]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLIDB00100 LF1000000.HT0000 LXSS020D0000 4500031240]


Proposed Supplementary Rules for the Morley Nelson Snake River 
Birds of Prey National Conservation Area

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed supplementary rules.

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SUMMARY: The Bureau of Land Management (BLM) is proposing supplementary 
rules for all BLM-administered public lands within the approximately 
483,700-acre Morley Nelson Snake River Birds of Prey National 
Conservation Area (NCA), addressed in the September 2008 Resource 
Management Plan (RMP) and Record of Decision (ROD). The Snake River 
Birds of Prey NCA RMP identifies implementation level decisions which 
describe an array of management actions designed to conserve natural 
and cultural resources on BLM administered land while providing for 
recreational opportunities. These supplementary rules would help 
enforce the decisions in the NCA RMP.

DATES: Interested parties may submit written comments regarding the 
proposed supplementary rules until September 17, 2012.

ADDRESSES: You may submit comments by mail, electronic mail, or hand-
delivery. Mail or Hand Delivery: Jared Fluckiger, Outdoor Recreation 
Planner, Bureau of Land Management, Boise District Office, 3948 
Development Ave. Boise, Idaho 83705. Electronic Mail: BLM_ID_BOP_NCA_Rules@blm.gov.

FOR FURTHER INFORMATION CONTACT: Jared Fluckiger, Outdoor Recreation 
Planner, at 208-384-3342 or by email at BLM_ID_BOP_NCA_Rules@blm.gov. Persons who use a telecommunications device for the deaf 
(TDD) may call the Federal Information Relay Service (FIRS) at 1-800-
877-8339 to contact Mr. Flukiger.

SUPPLEMENTARY INFORMATION:

I. Background
II. Public Comment Procedures
III. Discussion of Proposed Supplementary Rules
IV. Procedural Matters

I. Background

    Public Law 103-64 established the NCA in 1993 for the ``* * * 
conservation, protection, and enhancement of raptor populations and 
habitats and the natural and environmental resources and values 
associated therewith * * *'' The NCA's RMP was completed in September 
2008.
    The NCA is located in southwestern Idaho, within a 30-minute drive 
of Idaho's capital, Boise, where almost half of the State's population 
resides. It is located in Ada, Canyon, Elmore, and Owyhee counties and 
encompasses approximately 483,700 public land acres extending 81 miles 
along the Snake River. The NCA includes the 138,000-acre Orchard 
Training Area, used by the Idaho Army National Guard for military 
training since 1953. Within its boundary are approximately 41,200 
State, 4,800 private, and 1,600 military acres, and 9,300 acres covered 
by water. These lands are not affected by the NCA designation or 
subsequent RMP decisions.
    These proposed supplementary rules would help the BLM achieve 
management objectives and implement RMP decisions. They would also 
provide the BLM with enforcement capability to help prevent damage to 
natural resources, and provide for public health and safety.

II. Public Comment Procedures

    You may mail, email, or hand-deliver comments to Jared Fluckiger, 
Recreational Planner, at the addresses listed above (See ADDRESSES). 
Written comments on the proposed supplementary rules should be specific 
and confined to issues pertinent to the proposed rules, and should 
explain the reason for any recommended change. Where possible, comments 
should reference the specific section or paragraph of the proposal that 
the commenter is addressing. The BLM is not obligated to consider, or 
include in the Administrative Record for the final supplementary rules, 
comments delivered to an address other than those listed above (See 
ADDRESSES) or comments that the BLM receives after the close of the 
comment period (See DATES), unless they are postmarked or 
electronically dated before the deadline.
    Comments, including names, street addresses, and other contact 
information for respondents, will be available for public review at the 
BLM Boise District Office address listed in ADDRESSES during regular 
business hours (8:00 a.m. to 4:30 p.m., Monday through Friday, except 
Federal holidays). Before including your address, phone number, email 
address, or other personal identifying information in your comment, you 
should be aware that your 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.

III. Discussion of Proposed Supplementary Rules

    In keeping with the BLM performance goal of reducing threats to 
public health, safety, and property, supplementary rules are necessary 
to protect the natural and cultural resources within the NCA as 
described in the NCA Management Plan; to allow for safe public 
recreation and public health; to reduce the potential for environmental 
damage; and to enhance the safety of visitors and neighboring 
residents.
    The proposed supplementary rules would prohibit rock climbing and 
rappelling on BLM-administered public land within the Morley Nelson 
Snake River Birds of Prey NCA because of adverse effects to 16 species 
of raptors that nest in or on canyon walls at various times of the 
year. Unstable basalt also poses a significant safety hazard to anyone 
climbing on the cliffs.
    Prohibiting open fires outside of BLM-approved fire rings would 
help avert human-caused wildfire which would protect archeological 
sites and slickspot peppergrass (Lepidium papilliferum),

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which is a Federally listed species under the Endangered Species Act.
    In the past, some of the NCA's significant cultural resources have 
been damaged by paintball gun use. Prohibiting paintball activities 
within the Snake River Canyon and within \1/4\ mile of the canyon rim 
eliminates the adverse effects to early cabin architecture, ferry 
crossings, Oregon Trail segments, and petroglyphs.
    With supplementary rules, the BLM would better manage its wildlife 
habitat and cultural resources. There would be improved opportunities 
for NCA users to view and study nesting raptors. Prohibition of rock 
climbing and rapelling would protect raptor nests, reduce the potential 
for other environmental damage, and curtail safety risks and rescue 
emergency situations. The chances of a human-caused wildfire would be 
reduced, and cultural resources would receive greater protection.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    The proposed supplementary rules are not a significant regulatory 
action and are not subject to review by the Office of Management and 
Budget under Executive Order 12866. They would not have an effect of 
$100 million or more on the economy. They would not adversely affect, 
in a material way, the economy; productivity; competition; jobs; 
environment; public health or safety; or State, local, or tribal 
governments or communities. The proposed supplementary rules would not 
create a serious inconsistency or otherwise interfere with an action 
taken or planned by another agency. They would not materially alter the 
budgetary effects of entitlements, grants, user fees, or loan programs 
or the rights or obligations of their recipients; nor would they raise 
novel legal or policy issues. The proposed rules merely contain rules 
of conduct for public use of a limited selection of public lands to 
protect public health and safety.

Clarity of the Supplementary Rules

    Executive Order 12866 requires each agency to write regulations 
that are simple and easy to understand. The BLM invites 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 proposed 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 proposed 
supplementary rules to the address specified in the ADDRESSES section.

National Environmental Policy Act (NEPA)

    The BLM prepared an environmental impact statement as part of the 
development of the NCA RMP. During that NEPA process, many alternative 
decisions for the NCA were fully analyzed and offered for public 
comment, including the substance of these proposed supplementary rules. 
The pertinent analysis can be found in Chapter 4 of the Proposed 
Resource Management Plan and Final Environmental Impact Statement for 
the Snake River Birds of Prey National Conservation Area, April 2006. 
The ROD for the RMP was signed by the Idaho BLM State Director on 
September 30, 2008. These supplementary rules provide for enforcement 
of plan decisions. The rationale for the decisions made in the plan is 
fully covered in the ROD. It is available for review in the BLM 
administrative record at the address specified in the ADDRESSES section 
and online at https://www.blm.gov/id/st/en/fo/four_rivers/Planning/snake_river_birds.html.

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

Small Business Regulatory Enforcement Fairness Act

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

Unfunded Mandates Reform Act

    These proposed supplementary rules would not impose an unfunded 
mandate on State, local, or tribal governments or the private sector of 
more than $100 million per year nor do they have a significant or 
unique effect on State, local, or tribal governments or the private 
sector. Therefore, the BLM is not required to prepare a statement 
containing the information required by the Unfunded Mandates Reform Act 
(2 U.S.C. 1531 et seq.).

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

    These proposed supplementary rules would not have significant 
takings implications nor would they be capable of interfering with 
constitutionally protected property rights. Therefore, the BLM has 
determined that these rules would not cause a ``taking'' of private 
property or require preparation of a takings assessment.

Executive Order 13132, Federalism

    The proposed supplementary rules would not have a substantial 
direct effect on the States, on the relationship between the Federal 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government. The proposed 
supplementary rules would not conflict with any law or regulation of 
the State of Idaho. Therefore, in accordance with Executive Order 
13132,

[[Page 42329]]

the BLM has determined that these proposed supplementary rules would 
not have sufficient federalism implications to warrant preparation of a 
Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    The BLM has 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 Executive Order 12988.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    The BLM has found that these proposed supplementary rules do not 
include policies that would have tribal implications.

Information Quality Act

    The Information Quality Act (Section 515 of Pub. L. 106-554) 
requires Federal agencies to maintain adequate quality, objectivity, 
utility, and integrity of the information that they disseminate. In 
developing these supplementary rules, the BLM did not conduct or use a 
study, experiment, or survey or disseminate any information to the 
public.

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

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

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.

Author

    The principal author of these supplementary rules is Stanley 
Buchanan, Boise District Law Enforcement Ranger, Bureau of Land 
Management.
    For the reasons stated in the Preamble, and under the authority of 
43 CFR 8365.1-6, the Morley Nelson Snake River Birds of Prey NCA, 
Bureau of Land Management, proposes to issue supplementary rules for 
BLM-administered lands covered under the Snake River Birds of Prey NCA 
RMP, to read as follows:

Supplementary Rules for the Morley Nelson Snake River Birds of Prey 
National Conservation Area

Definitions

    Rock Climbing: A sport/technique in which participants climb up, 
down or across natural rock formations, usually with ropes and other 
equipment. Rock climbing is similar to scrambling (another activity 
involving the scaling of hills and similar formations), but climbing is 
generally differentiated by its sustained use of hands to support the 
climber's weight as well as to provide balance.
    Rappelling: A descent of a vertical surface, as a cliff or wall, by 
sliding down a belayed rope that is passed under one thigh and over the 
opposite shoulder or through a device that provides friction, typically 
while facing the surface and performing a series of short backward 
leaps to control the descent.
    Improved Campsite: A specific location identified by the BLM for 
camping. Improved campsites include individual sites in developed 
campgrounds and developed recreation sites for camping that may or may 
not contain picnic tables, shelters, parking sites, and/or grills. All 
improved campsites are identified by a BLM map or sign.
    Open Fires: Any fire not in a BLM-approved metal fire ring.
    On BLM-administered public land within the Morley Nelson Snake 
River Birds of Prey National Conservation Area, you must comply with 
the following supplementary rules:
    1. Rock climbing and rappelling are prohibited on all lands 
administered by the BLM within the NCA.
    2. Open fires are prohibited on all lands administered by the BLM 
within the NCA. Campfires may only be located on improved campsites 
within BLM-approved metal fire rings on all lands administered by the 
BLM within the NCA. Additional restrictions may be imposed during 
periods of high fire danger.
    3. Paintball guns and equipment may not be used within the Snake 
River Canyon or within \1/4\ mile of the canyon rim.
    Penalties: On public lands under Section 303(a) of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1733(a) and 43 CFR 8360.0-
7, any person who violates any of these supplementary rules may be 
tried before a United States Magistrate and fined no more than $1,000 
or imprisoned for no more than 12 months or both. Such violations may 
also be subject to enhanced fines provided for by 18 U.S.C. 3571.

Steven A. Ellis,
Bureau of Land Management, State Director, Idaho.
[FR Doc. 2012-17448 Filed 7-17-12; 8:45 am]
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