Final Supplementary Rules for Public Land in Water Canyon, Humboldt County, NV, 9267-9269 [2014-03386]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 79, Number 32 (Tuesday, February 18, 2014)]
[Notices]
[Pages 9267-9269]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03386]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVW01000 L12200000.EA0000 241A; MO4500051676; 13-08807; 
TAS: 14X1106]


Final Supplementary Rules for Public Land in Water Canyon, 
Humboldt County, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Final supplementary rules.

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SUMMARY:  The Bureau of Land Management (BLM) Winnemucca District, 
Humboldt River Field Office is establishing supplementary rules 
relating to camping, the discharge of firearms, and the use of motor 
vehicles on public land within Zone 1 of the Water Canyon Recreation 
Area. The supplementary rules are necessary to protect natural 
resources and the health and safety of public land users within the 
Zone 1 area. These supplementary rules allow BLM law enforcement 
personnel to limit the number of successive days of camping and to 
regulate vehicle use in the Zone 1 area. These supplementary rules 
allow BLM law enforcement personnel to support state and local law 
enforcement agencies with enforcement of law in prohibiting the 
discharge of firearms and in restricting motor vehicles to the posted 
speed limit.

DATES: These rules are effective April 21, 2014.

ADDRESSES: You may direct inquiries to Joey Carmosino, Outdoor 
Recreation Planner, BLM, Humboldt River Field Office, 5100 E. 
Winnemucca Blvd., Winnemucca, NV 89445.

FOR FURTHER INFORMATION CONTACT: Joey Carmosino, Winnemucca District 
Humboldt River Field Office, (775) 623-1771, email: vcarmosi@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 the above individual during normal business hours. The FIRS is 
available 24 hours a day, 7 days a week, to leave a message or question 
with the above individual. You will receive a reply during normal 
hours.

SUPPLEMENTARY INFORMATION: 

I. Background
II. Discussion of the Final Supplementary Rules
III. Procedural Matters

I. Background

    These supplementary rules affect public lands identified as Zone 1 
of the Water Canyon Recreational Area. Water Canyon is 4 miles 
southeast of Winnemucca, Nevada. Zone 1 is the portion of the Canyon 
that receives the most recreational use. Traffic and trail counters 
confirm annual visitation to the area is in the range of 50,000 people 
and 25,000 vehicles. Zone 1 is a fenced corridor of public land within 
Township 35 North, Range 38 East, Mount Diablo Meridian, through 
portions of sections 2, 11, and 12, in Humboldt County, Nevada. The 
Zone 1 fenced corridor is of variable width perpendicular to the 
centerline of Water Canyon Road with an overall width average of 
approximately 600 feet and running approximately 1.8 miles in length 
along Water Canyon Road.
    The width of the Zone 1 fenced corridor (600 feet wide) is an 
average of the hereinafter described centerline of Water Canyon Road, 
its legal land description is as follows:
    Beginning at approximately Latitude 40[deg]55'53.7811'' North and 
Longitude 117[deg]40'39.6508'' West at intersection of Water Canyon 
Road and the Zone 1 fence; thence, systematically traversing 
southeasterly along said centerline of Water Canyon Road to 
approximately Latitude 40[deg]55'13.6513'' North and Longitude 
117[deg]38'58.9198'' West at intersection of Water Canyon Road and the 
Zone 1 fence and being the Point of Termination.
    The area described contains 131 acres, more or less, calculated 
based on Zone 1 being 600 feet wide and 1.8 miles long in Humboldt 
County.
    The referenced latitudes and longitudes in this description are 
1983 National Geodetic Reference System values as digitized from United 
States Geologic Survey 1:24,000 7.5 minute quadrangle map Winnemucca 
East, Nev., Provisional Edition 1983.
    The final supplementary rules are necessary to help the BLM achieve 
management objectives and to implement the decisions of the Water 
Canyon Recreation Area Management Plan and Environmental Assessment, 
Decision Record, and Cooperative Management Agreement approved August 
15, 1997, and the Water Canyon Implementation Plan Amendment 
Environmental Assessment of August

[[Page 9268]]

2005. These supplementary rules include limitations or restrictions 
included within these planning and analysis documents.
    The Water Canyon Cooperative Management Plan is a collaborative 
effort and was undertaken among the BLM, the Nevada Department of 
Wildlife, Humboldt County, the City of Winnemucca, and the public to 
elicit concerns, define issues, and develop a set of desired future 
conditions for the planning area. The outcome of this process was the 
development of a set of objectives intended to guide subsequent 
management actions within Water Canyon. These objectives include: 
Protecting surface and subsurface water quality within the watershed; 
providing recreational opportunities; preserving broad-leafed trees, 
high quality riparian areas, and grassy meadows; and providing for a 
diversity of wildlife habitats.
    To achieve these objectives, a series of alternative proposals were 
evaluated which prescribed different allowable uses of the planning 
area and defined other management actions to reach these desired 
outcomes. The evaluation process led to a series of management 
decisions that emphasized a combination of moderate and low development 
actions organized around the division of the planning area into lowland 
(Zone 1) and upland (Zone 2) areas.
    The BLM published proposed supplementary rules in the Federal 
Register on November 9, 2012 (77 FR 67391). The public comment period 
ended on January 8, 2013. No comments were received.

II. Discussion of the Final Supplementary Rules

    In the preparation of the two EAs, the BLM sought public review of 
three alternatives in the Management Plan and two alternatives in the 
Implementation Plan. These EAs discuss specific management actions that 
restrict certain activities and define allowable uses. The final 
supplementary rules implement these management actions within Zone 1 of 
the Water Canyon Recreation Area.
    20 Miles-per-hour (mph) Speed Limit: Zone 1 is a high traffic area 
that includes walkers, hikers and vehicles. A speed restriction is 
needed to protect users from accidents. The road passes by each 
campsite, and while maintained, it is a gravel road which makes 
emergency or panic stops difficult. A 20 mph speed limit allows for 
timely driving through Zone 1 while supporting public safety for all 
users.
    Motor vehicle restriction: All motor vehicles are restricted to 
travel only on the main access/canyon road in Zone 1. This restriction 
is proposed to further protect the wetland and riparian areas that are 
in close proximity to the main access/canyon road in Zone 1.
    The final rules clarify that ``motor vehicles'' include 
motorcycles, all-terrain vehicles, and off-highway vehicles. This is a 
logical extension of the proposed rules to provide the public notice 
which vehicles are affected by these rules.
    No Discharging of Firearms: Zone 1 is 1.8 miles long and narrow. 
The number of visitors that are in close proximity make the safe 
discharge of firearms impractical. The discharge of firearms is only 
prohibited in Zone 1 and continues to be allowed in the surrounding 
area. The final rules include a common definition of ``firearms.'' This 
is a logical extension of the proposed rules to clarify for visitors 
what is prohibited.
    Three Day Camping Limitation: Limiting camping to no more than 
three consecutive nights in a 30-day period is needed because there are 
a small number of campsites available in Zone 1. By limiting the number 
of days a camper may use a campsite, there will be more opportunities 
for visitors to obtain a campsite. By limiting camping to three 
consecutive nights, the BLM will be able to dissuade long-term 
habitation or squatting in the Zone 1 campsites. There have been 
several instances of long-term camping in this area in the past. This 
rule will allow law enforcement officers to address this issue.

III. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These supplementary rules do not constitute a significant 
regulatory action and are not subject to review by the Office of 
Management and Budget under Executive Order 12866. These 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, 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 materially 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. These supplementary rules are merely rules of conduct 
for public use of a limited area of public lands.

National Environmental Policy Act

    During the National Environmental Policy Act process, many 
alternatives were analyzed, including these final supplementary rules. 
The pertinent analysis and rationale can be found in Management Plan, 
inclusive of the EA, Decision Record and Cooperative Management 
Agreement approved August 15, 1997, and the Implementation Plan EA 
signed August 2005. These final supplementary rules provide for 
enforcement of decisions made in the Management Plan and Implementation 
Plan. The EAs mentioned above are available for review in the BLM 
administrative record at the address specified in the ADDRESSES section 
and online at https://www.blm.gov/nv/st/en/fo/wfo/blm_information/nepa0.html/.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act (RFA) of 1980, 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 supplementary rules merely 
establish rules of conduct for public use of a limited area of public 
lands. Therefore, the BLM has determined under the RFA that these 
supplementary rules would not have a significant economic impact on a 
substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act

    These supplementary rules are not considered a major rule as 
defined under 5 U.S.C. 804(2). These 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 supplementary rules do not impose an unfunded mandate on 
state, local, or tribal governments in the aggregate, or on the private 
sector of more than $100 million per year; nor do they have a 
significant or unique effect on small governments. The supplementary 
rules have no effect on governmental or tribal entities and would 
impose no requirements on any of these entities. These supplementary

[[Page 9269]]

rules merely establish rules of conduct for public use of a limited 
selection of public lands and do not affect tribal, commercial, or 
business activities of any kind. 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 supplementary rules do not have significant takings 
implications, nor are they capable of interfering with 
Constitutionally-protected property rights. These supplementary rules 
merely establish rules of conduct for public use of a limited area of 
public lands and do not affect anyone's property rights. Therefore, the 
BLM has determined that these supplementary rules will not cause a 
taking of private property or require preparation of a takings 
assessment under this Executive Order.

Executive Order 13132, Federalism

    These supplementary rules will not have a substantial direct effect 
on the states, the relationship between the Federal government and the 
states, or the distribution of power and responsibilities among the 
various levels of government. These supplementary rules do not come 
into conflict with any state law or regulation. Therefore, under 
Executive Order 13132, the BLM has determined that these 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, these supplementary rules will 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

    In accordance with Executive Order 13175, these supplementary rules 
do not include policies that have tribal implications. These 
supplementary rules do not affect land held for the benefit, nor impede 
the rights of, Indians or Alaska Natives. These supplementary rules 
have no associated ground disturbance and are directly associated with 
general public health and safety.

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 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 supplementary rules do not constitute a significant energy 
action. These 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 supplementary rules do not provide for 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 
prosecution conducted under these supplementary rules is exempt from 
the provisions of the Paperwork Reduction Act of 1995, 44 U.S.C. 
3518(c)(1).

Author

    The principal author of these supplementary rules is Joey 
Carmosino, Outdoor Recreation Planner, BLM Winnemucca District.
    For the reasons stated in the preamble and under the authorities 
for supplementary rules found at 43 U.S.C. 1740 and 43 CFR 8365.1-6, 
the BLM Nevada State Director issues supplementary rules for public 
lands managed by the BLM in Nevada, to read as follows:

Supplementary Rules for Zone 1 of the Water Canyon Recreation Area

    1. These supplementary rules apply, except as specifically 
exempted, to activities within the Zone 1 of the Water Canyon 
Recreation Area, which is comprised of public lands administered by the 
BLM near Winnemucca, Nevada.
    2. These supplementary rules are in effect on a year-round basis.
    3. Camping in Zone I is limited to no more than 3 consecutive 
nights in a 30-day period.
    4. The discharge of any firearm in Zone I is prohibited.
    (a) A firearm means any weapon; for example, a compressed gas or 
spring powered pistol or rifle, bow and arrow, cross bow, blowgun, 
spear gun, spear, sling shot, irritant gas device or any implement 
designed to or may be converted to expel a projectile by the action of 
an explosive.
    5. All motor vehicles, including motorcycles, all-terrain vehicles, 
and off-highway vehicles, must not exceed the posted speed limit of 20 
miles per hour on the main access/canyon road in Zone I.
    6. All motor vehicles, including motorcycles, all-terrain vehicles, 
and off-highway vehicles, are restricted to travel only on the main 
access/canyon road in Zone I.
    Exemptions: The following persons are exempt from these 
supplementary rules: Any Federal, state, local or military persons 
acting within the scope of their duties; and members of an organized 
rescue or firefighting force in performance of an official duty.
    Penalties: 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 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 Nevada law.

Amy Lueders,
State Director, Nevada.
[FR Doc. 2014-03386 Filed 2-14-14; 8:45 am]
BILLING CODE 4310-HC-P