Final Supplementary Rules for the Morley Nelson Snake River Birds of Prey National Conservation Area, ID, 23588-23591 [2013-09272]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 78, Number 76 (Friday, April 19, 2013)]
[Notices]
[Pages 23588-23591]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09272]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLIDB00100 LF1000000.HT0000 LXSS020D0000 4500031240]


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

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Final Supplementary Rules.

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SUMMARY: The Bureau of Land Management (BLM) is finalizing 
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 will help 
enforce the decisions in the NCA RMP.

DATES: These supplementary rules are effective May 20, 2013.

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ADDRESSES: You may direct your inquiries to the Bureau of Land 
Management, Morley Nelson Snake River Birds of Prey National 
Conservation Area, 3948 Development Ave, Boise, Idaho 83705; or by 
email: jfluckiger@blm.gov.

FOR FURTHER INFORMATION CONTACT: Jared Fluckiger, Outdoor Recreation 
Planner, at 208-384-3342 or by email at jfluckiger@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. 
Fluckiger.

SUPPLEMENTARY INFORMATION: 

I. Background
II. Discussion of Public Comments
III. Discussion of 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 final supplementary rules will help the BLM achieve 
management objectives and implement RMP decisions. They will also 
provide the BLM with enforcement capability to help prevent damage to 
natural resources, and provide for public health and safety.

II. Discussion of Public Comments

    The BLM published the proposed supplementary rules in the Federal 
Register on July 18, 2012 (77 FR 42327). Public comments were accepted 
for a 60-day period ending on September 17, 2012. The BLM received two 
comments. Both comments expressed concern that the prohibition against 
rock climbing and rappelling will apply to a style of climbing commonly 
referred to as ``bouldering.'' In response to these comments, the 
proposed supplementary rules have been revised to define and allow 
bouldering, except on the canyon walls of the Snake River within the 
NCA.

III. Discussion of 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 RMP; allow for safe public recreation and 
protection of public health; reduce the potential for environmental 
damage; and enhance the safety of visitors and neighboring residents.
    The final supplementary rules will prohibit rock climbing and 
rappelling on BLM-administered public land within the Morley Nelson 
Snake River Birds of Prey NCA because these activities adversely effect 
the 16 species of raptors that nest in or on canyon walls at various 
times of the year. This prohibition will help protect a unique 
assemblage of raptors that occupy the Snake River Canyon and adjacent 
lands of southwestern Idaho. This raptor aggregation, considered to be 
one of the densest in North America, and perhaps the world, was the 
reason for designating the NCA in 1993.
    Additionally, the final supplementary rules will prohibit rock 
climbing and rappelling on BLM-administered public land within the NCA 
because of the widespread distribution of unstable basalt rock. This 
unstable basalt rock exists throughout the NCA in cliffs, rimrocks, and 
rocky outcroppings and poses a significant safety hazard to those 
climbing and rappelling on them.
    In their comments, the public requested that the BLM reconsider 
whether bouldering will be considered a prohibited act under the 
prohibition against rock climbing and rappelling. Bouldering is a style 
of rock climbing that occurs without a rope and is normally limited to 
very short climbs. The BLM has determined that bouldering does not 
present safety hazards or potential harm to raptors. Therefore, 
bouldering will be allowed throughout the NCA and prohibited only on 
the cliff walls, which are primarily unstable basalt.
    Prohibiting open fires outside of BLM-approved fire rings will help 
avert human-caused wildfire, which in turn will help prevent damage to 
archeological sites and slickspot peppergrass (Lepidium papilliferum), 
a federally listed species under the Endangered Species Act. The final 
supplementary rules state that additional restrictions on building, 
maintaining, attending, or using a fire, campfire, or stove fire may be 
imposed during periods of high fire danger. For example, statewide Fire 
Prevention Orders or Stage II fire restrictions may be implemented for 
all BLM-managed lands in a given geographic area when conditions 
warrant and may involve prohibition of all open fires, even in approved 
fire rings.
    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.

IV. Procedural Matters

Executive Orders 12866 and 13563, Regulatory Planning and Review

    The final supplementary rules are not a significant regulatory 
action and are not subject to review by the Office of Management and 
Budget under Executive Orders 12866 and 13563. They will not have an 
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. The final supplementary rules will not 
create a serious inconsistency or otherwise interfere with an action 
taken or planned by another agency. They will not materially alter the 
budgetary effects of entitlements, grants, user fees, or loan programs 
or the right or obligations of their recipients; nor will they raise 
novel legal or policy issues. The supplementary rules merely contain 
rules of conduct for public use of a limited selection of public lands 
to protect public health and safety.

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 final 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

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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.

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

Small Business Regulatory Enforcement Fairness Act

    These final supplementary rules do not constitute a ``major rule'' 
as defined at 5 U.S.C. 804(2). They will 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 final supplementary rules will 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 final supplementary rules will 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 or plan under 
Subchapter II of the Unfunded Mandates Reform Act (2 U.S.C. 1531-1571).

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

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

Executive Order 13132, Federalism

    The final supplementary rules will 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 final 
supplementary rules will not conflict with any law or regulation of the 
State of Idaho. Therefore, in accordance with Executive Order 13132, 
the BLM has determined that these final supplementary rules will not 
have sufficient federalism implications to warrant preparation of a 
Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    The BLM has determined that these final supplementary rules will 
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 final supplementary rules do not 
include policies that will 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 final supplementary rules will not constitute a significant 
energy action. The final supplementary rules will not have an adverse 
effect on energy supplies, production, or consumption, and have no 
connection with energy policy.

Paperwork Reduction Act

    These final 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. 3501-3521.

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 State Director establishes 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.
    Bouldering: A style of rock climbing undertaken without a rope and 
normally limited to very short climbs over a crash pad (called a 
bouldering mat) so that a fall will not result in serious injury.
    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. Bouldering is permitted, 
provided it does not occur on

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the canyon walls of the Snake River 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. 2013-09272 Filed 4-18-13; 8:45 am]
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