Notice of Interim Final Supplementary Rules for Public Lands in El Dorado County, CA, 65985-65989 [2014-26410]

Download as PDF Federal Register / Vol. 79, No. 215 / Thursday, November 6, 2014 / Notices 2, 3, and 12, the left and right banks and medial line of the abandoned channels of the Little Missouri River in sections 2, 3, and 4, and certain division of accretion and partition lines, T. 149 N., R. 96 W. Representing the dependent resurvey of a portion of the subdivisional lines, and the adjusted original meanders of the former left and right banks of the Little Missouri River, through sections 31 and 32, the subdivision of sections 31 and 32, and the survey of Parcels A and B, section 31, the meanders of the present left and right banks of the Little Missouri River and informative traverse, through sections 31 and 32, the limits of erosion in section 31, the left and right banks and medial line of the abandoned channels of the Little Missouri River in section 31, and certain division of accretion and partition lines, and T. 149 N., R. 97 W. Representing the dependent resurvey of a portion of the east boundary and the adjusted original meanders of the former left and right banks of the Little Missouri River, through section 36 and the survey of the meanders of the present left and right banks of the Little Missouri River and informative traverse, through section 36, the limits of erosion and the meanders of a 1951 right bank of the Little Missouri River in section 36, the left and right banks and the medial line of the abandoned channels of the Little Missouri River in section 36, and certain partition lines, Township 149 North, Range 97 West, Fifth Principal, Meridian, North Dakota was accepted September 29, 2014. We will place a copy of the plat, in 9 sheets, and related field notes we described in the open files. They will be available to the public as a matter of information. If the BLM receives a protest against this survey, as shown on this plat, in 9 sheets, prior to the date of the official filing, we will stay the filing pending our consideration of the protest. We will not officially file this plat, in 9 sheets, until the day after we have accepted or dismissed all protests and they have become final, including decisions or appeals. Authority: 43 U.S.C. Chap. 3. Joshua F. Alexander, Chief, Branch of Cadastral Survey, Division of Energy, Minerals and Realty. [FR Doc. 2014–26409 Filed 11–5–14; 8:45 am] BILLING CODE 4310–DN–P DEPARTMENT OF THE INTERIOR mstockstill on DSK4VPTVN1PROD with NOTICES Bureau of Land Management [LLCAC08000 XXXL1109RM L19200000.JP0000 LRORBX003800] Notice of Interim Final Supplementary Rules for Public Lands in El Dorado County, CA AGENCY: Bureau of Land Management, Interior. VerDate Sep<11>2014 19:46 Nov 05, 2014 Jkt 235001 ACTION: Interim final supplementary rules. The California State Director for the Bureau of Land Management (BLM) is establishing interim final supplementary rules and requests public comments. These interim final supplementary rules will become effective immediately upon publication in the Federal Register, and will apply to 695 acres of public lands, known as Kanaka Valley, in El Dorado County, California. The BLM has determined that these interim final supplementary rules are necessary to enhance the safety of visitors and local residents and reduce the risk of undue ecological degradation to Kanaka Valley’s rare soils and plants and other significant values. These rules are in accordance with the Kanaka Valley Management Plan (2013). DATES: The interim final supplementary rules are effective immediately and remain in effect until modified or rescinded by the publication of final supplementary rules. The BLM invites comments until January 5, 2015. Comments received, postmarked, or electronically dated after that date will not necessarily be considered in the development of final supplementary rules. ADDRESSES: Please mail or hand deliver all comments concerning the interim final supplementary rules to the Bureau of Land Management, Attention: Supplementary Rules, BLM Mother Lode Field Office, 5152 Hillsdale Circle, El Dorado Hills, CA 95762. FOR FURTHER INFORMATION CONTACT: James Barnes, telephone (916) 941– 3140; address 5152 Hillsdale Circle, El Dorado Hills, CA 95762; email jjbarnes@ blm.gov or Web site https:// www.ca.blm.gov/motherlode. SUPPLEMENTARY INFORMATION: SUMMARY: I. Public Comment Procedures The public is invited to provide comments on these interim final supplementary rules. See DATES and ADDRESSES for information on submitting comments. Written comments on the interim final supplementary rules should be specific, confined to issues pertinent to the interim final supplementary rules and explain the reason for any recommended change. Comments requesting changes to decisions in the 2013 Kanaka Valley Management Plan and Decision Record would be outside the scope of this rulemaking. Where possible, comments should reference a specific provision of these interim final supplementary rules. The BLM need not consider or include in the PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 65985 administrative record: (a) comments that the BLM receives after the close of the comment period (see DATES), unless they are postmarked or electronically dated before the deadline, or (b) comments delivered to an address other than that listed above (see ADDRESSES). Comments, including names, street addresses, and other contact information of respondents, will be available for public review at the BLM Mother Lode Field Office during regular business hours of 8:30 a.m. to 4:30 p.m., Monday through Friday, except Federal holidays. Before including your address, telephone number, email address, or other personal identifying information in your comment, be advised that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask in your comment to withhold from public review your personal identifying information, we cannot guarantee that we will be able to do so. II. Background Kanaka Valley is comprised of 695 acres of public lands in El Dorado County, California. The BLM acquired Kanaka Valley through a donation in 2010. In response to the rapidly growing popularity of Kanaka Valley with the recreating public and the need to provide for public safety and protect this area’s special environmental values, the BLM developed the 2013 Kanaka Valley Management Plan and Decision Record. This is an area-specific activitylevel plan that tiers to the BLM’s 2008 Sierra Resource Management Plan. It was needed to help the BLM manage Kanaka Valley’s special environmental values and recreational opportunities. Sections 302 and 310 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1732 and 1740) provide the overall authority for the BLM’s management of Kanaka Valley. The BLM is establishing these interim final supplementary rules under the authority of 43 CFR 8365.1–6, which allows BLM State Directors to establish supplementary rules for the protection of persons, property, and public lands and resources. The supplementary rules outlined in this notice are designed to immediately and effectively reduce risks to public health and safety and the area’s environmental resources including, but not limited to, rare gabbro soils and plants. The supplementary rules include provisions to partially open Kanaka Valley to hunting. The seasons of use and methods of take were developed collaboratively by the BLM, adjacent private residents, local stakeholders, E:\FR\FM\06NON1.SGM 06NON1 mstockstill on DSK4VPTVN1PROD with NOTICES 65986 Federal Register / Vol. 79, No. 215 / Thursday, November 6, 2014 / Notices and the California Department of Fish and Wildlife. Given these considerations and the prior analysis of these issues as part of the planning process, the BLM finds good cause under 5 U.S.C. 553(b)(3)(B) that public notice and comment for this rule are ‘‘impractical, unnecessary, or contrary to the public interest,’’ and under 5 U.S.C. 553(d) that this rule may properly take effect upon publication. During the planning process that led to the Kanaka Valley Management Plan and Decision Record, the BLM took the following steps to involve the public in making decisions about Kanaka Valley: • The BLM conducted 16 public meetings from June 2010 to June 2011 to develop the Kanaka Valley Management Plan. The BLM contacted Indian tribes during this time. The BLM also worked closely on hunting- and firearms-related issues with private landowners (many with residences adjacent to Kanaka Valley), hunting groups, and the California Department of Fish and Wildlife during this time. • The BLM made the draft Kanaka Valley Management Plan and associated Environmental Assessment (EA) available for a 30-day comment period beginning in April 2012. Indian tribes were also afforded a 30-day comment period. • A public meeting was held to discuss the draft Kanaka Valley Management Plan and associated EA on April 26, 2012, in Cameron Park, CA and on May 5, 2012, at Kanaka Valley. • The BLM summarized all public comments and addressed them in the Decision Record. All decisions related to these interim final supplementary rules were analyzed in the EA which is available for public viewing at the address specified under ADDRESSES and online at: https://www.ca.blm.gov/ motherlode. Based on this extensive public participation, the BLM identified the following public safety and resource protection concerns at Kanaka Valley: • Potential conflicts between firearms use and other recreationists; • Potential conflicts between firearms use and nearby residents; • Wildfire risk due to camping and campfires; • Degradation of natural resources including rare soils and plants; and • Degradation of cultural resources. III. Discussion of Interim Final Supplementary Rules These interim final supplementary rules provide for the protection of persons, property, public lands, and resources, in accordance with the 2013 VerDate Sep<11>2014 19:46 Nov 05, 2014 Jkt 235001 Kanaka Valley Management Plan and Decision Record. Rule 1 prohibits the operation of any motorized vehicle outside of countymaintained roads or BLM-designated areas (for example, parking lots) without first obtaining written BLM authorization. Motorized use is allowed by the BLM and its contractors for official administrative purposes. Rule 5 allows riding horses, mountain bikes, and other non-motorized conveyances only on designated trails. Rule 6 allows the recovery of gold or any other mineral resources only by hands and pans. These rules will help prevent resource damage and degradation of the area’s rare soils and plants. Rule 2 prohibits the discharge or use of firearms or other dangerous weapons for the purpose of target shooting. The Kanaka Valley parcel is relatively small (695 acres) and adjoins private lands, many of which are residential properties of less than 20 acres containing occupied dwellings in close proximity to the parcel’s boundaries (within 150 yards in at least 10 cases). At most of the 16 public meetings the BLM held from June 2010 to June 2011 while developing the Kanaka Valley Management Plan, members of the public expressed concern about accidental shooting-related injuries and fatalities. Many of those who expressed this concern occupied houses on private lands immediately adjacent to the Kanaka Valley parcel. The issue was also raised multiple times in written public comments to the BLM on the draft Kanaka Valley Management Plan and EA. The BLM’s decision to prohibit target shooting at Kanaka Valley had the overwhelming support of members of the public who participated in the Kanaka Valley land-use planning process, including hunting groups. Rules 3 and 4 prohibit camping and campfires. These rules will reduce the risk of wildfire ignition. There are several occupied dwellings and associated outbuildings on private lands immediately adjacent to the Kanaka Valley parcel. In at least 10 cases these dwellings are within 150 yards of the parcel’s boundaries. There is dense grass, brush, and other wildfire-prone vegetation in this area. The issue of wildfire prevention was raised at most of the 16 public meetings the BLM held to develop the Kanaka Valley Management Plan. The issue was also raised in written public comments to the BLM on the draft Kanaka Valley Management Plan and EA. The BLM’s decision to establish Rules 3 and 4 prohibiting camping and campfires had overwhelming support of those members of the public who participated PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 in the Kanaka Valley land-use planning process. Rule 7 allows hunting with the following methods of take: • Bows and arrows; • Smoothbore shotguns; • Muzzleloaders; and • Air guns of .22 caliber or less that are allowed as a method of take for game species pursuant to California Department of Fish and Wildlife regulations. Muzzleloaders are allowed only after fire season is declared over by the BLM. This rule will help prevent accidental shooting-related injuries and fatalities by restricting high-velocity firearms such as rifles. This rule will also help reduce the risk of wildfire ignition. The issue of preventing accidental shootingrelated injuries and fatalities was raised by the public at most of the 16 public meetings the BLM held to develop the Kanaka Valley Management Plan. The issue was also raised multiple times in written public comments to the BLM on the draft Kanaka Valley Management Plan and EA. The BLM determined during the Kanaka Valley land-use planning process that the use of highvelocity firearms was unsafe at Kanaka Valley due to the parcel’s relatively small size and close proximity to at least 10 occupied dwellings. The BLM’s decision to restrict the types of firearms used by hunters at Kanaka Valley had strong support of those members of the public who participated in the Kanaka Valley land-use planning process, including hunting groups. Rule 8 prohibits hunting for bear, squirrels, rabbits, jackrabbits, waterfowl, furbearers, and non-game species. Rule 9 restricts hunting to deer and turkey during the fall season, deer during the summer archery-only season, and quail and dove during the seasons approved by the California Department of Fish and Wildlife. Rules 8 and 9 were developed collaboratively with adjacent private residents, local stakeholders (including hunting groups), and the California Department of Fish and Wildlife and will help prevent accidental shooting-related injuries and fatalities during periods of high recreational use (i.e., associated with the spring wildflower bloom) at Kanaka Valley, and will help prevent the area’s wildlife population from being rapidly depleted. The hunting seasons for Rule 8 species are so unique, lengthy, and overlapping that it would be difficult to effectively manage them, thereby presenting a public safety danger for adjacent residences. The issue of accidental shooting-related injuries and fatalities was raised by the public at E:\FR\FM\06NON1.SGM 06NON1 Federal Register / Vol. 79, No. 215 / Thursday, November 6, 2014 / Notices most of the 16 public meetings the BLM held to develop the Kanaka Valley Management Plan. The issue was also raised multiple times in written public comments to the BLM on the draft Kanaka Valley Management Plan and EA. The BLM’s decision to restrict hunting of certain game animals at Kanaka Valley was made in consultation with the California Department of Fish and Wildlife and had strong support of those members of the public who participated in the Kanaka Valley landuse planning process, including hunting groups. Rule 10 allows hunting only in the designated hunting zone, which will be explicitly identified (through maps and signs) by the BLM for hunting. Regulations of the California Department of Fish and Wildlife forbid any person (other than the owner, person in possession of the premises, or a person having the express permission of the owner or person in possession of the premises) to hunt or to discharge while hunting, any firearm or other deadly weapon within 150 yards of an occupied dwelling, residence, or other associated building, barn, or other outbuilding. There are more than 10 occupied dwellings and associated outbuildings within 150 yards of the Kanaka Valley parcel’s boundaries. Therefore, Rule 10 implements the 150yard requirement by establishing a no hunting zone that is clearly delineated by on-the-ground topographic features. The rule is needed to help enforce California state law and regulations and explains a specific instance of how the BLM will apply State laws governing hunting, as required at 43 CFR 8365.1– 7. Rule 11 allows a spring turkey hunt by hunters selected though a lottery process coordinated by the California Department of Fish and Wildlife. Since spring turkey hunting has become very popular in California, a lottery process will help prevent accidental shootingrelated injuries and fatalities during a period of high recreational use at Kanaka Valley, and will help prevent the area’s turkey population from being rapidly depleted. mstockstill on DSK4VPTVN1PROD with NOTICES IV. Procedural Matters Executive Order 12866, Regulatory Planning and Review These interim final supplementary rules are not a significant regulatory action under Executive Order 12866. These interim final supplementary rules will not have an annual effect of $100 million or more on the economy or adversely affect, in a material way, the economy, productivity, competition, VerDate Sep<11>2014 19:46 Nov 05, 2014 Jkt 235001 jobs, the environment, public health or safety, or State, local or tribal governments or communities. These interim final supplementary rules will not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency. The interim final supplementary rules do not materially alter the budgetary effects of entitlements, grants, user fees, or loan programs or the right or obligation of their recipients; nor do they raise novel legal or policy issues. They merely impose certain rules on recreational activities on a limited portion of the public lands in California in order to protect human health, safety, and the environment. Clarity of the Interim Final 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 interim final supplementary rules easier to understand, including answers to questions such as the following: (1) Are the requirements in the interim final supplementary rules clearly stated? (2) Do the interim final supplementary rules contain technical language or jargon that interferes with their clarity? (3) Does the format of the interim final supplementary rules (grouping and order of sections, use of headings, paragraphing, etc.) aid or reduce their clarity? (4) Would the interim final supplementary rules be easier to understand if they were divided into more (but shorter) sections? (5) Is the description of the interim final supplementary rules in the SUPPLMENTARY INFORMATION section of this preamble helpful in understanding the interim final supplementary rules? How could this description be more helpful in making the interim final supplementary rules easier to understand? Please send any comments you have on the clarity of the interim final supplementary rules to the address specified in the ADDRESSES section. National Environmental Policy Act These interim final supplementary rules are a component of a larger landuse planning process for Kanaka Valley (i.e., Kanaka Valley Management Plan and Decision Record) that was a Federal action. In developing the Kanaka Valley Management Plan and Decision Record, the BLM prepared the draft Kanaka Valley Management Plan and EA, which includes a complete analysis of each PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 65987 decision corresponding to the interim final supplementary rules. Based on the analysis in this EA, the BLM found that the action, including the interim final supplementary rules, would not have a significant individual or cumulative effect on the quality of the human environment under Section 102(2)(C) of the NEPA (42 U.S.C. 4332(2)(C)). See 40 CFR 1508.4; 43 CFR 46.210. The BLM prepared a Finding of No Significant Impact (FONSI) to document this finding. The draft management plan, EA, FONSI, and Kanaka Valley Management Plan and Decision Record are on file and available to the public in the BLM administrative record at the address specified under ADDRESSES. They are also available to the pubic online at: https://www.ca.blm.gov/motherlode. 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 would have a significant economic impact, either detrimental or beneficial, on a substantial number of small entities. The interim final supplementary rules do not pertain specifically to commercial or governmental entities of any size, but to public recreational use of specific public lands. Therefore, the BLM has determined under the RFA that these interim final supplementary rules would not have a significant economic impact on a substantial number of small entities. Small Business Regulatory Enforcement Fairness Act These interim final supplementary rules do not constitute a ‘‘major rule’’ as defined at 5 U.S.C. 804(2). The interim final supplementary rules generally contain rules of conduct for recreational use of certain public lands. They do not have an effect on business, commercial, or industrial use of the public lands that rises to any of the following thresholds specified in 5 U.S.C. 804(2): (a) An annual effect on the economy of $100 million or more; (b) A major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or (c) Significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises in domestic and export markets. E:\FR\FM\06NON1.SGM 06NON1 65988 Federal Register / Vol. 79, No. 215 / Thursday, November 6, 2014 / Notices Unfunded Mandates Reform Act These interim 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 small governments. These interim final supplementary rules do not require anything of State, local, or tribal governments. 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) The interim final supplementary rules are not a government action capable of interfering with constitutionally protected property rights. The interim final supplementary rules do not address property rights in any form and do not cause the impairment of anybody’s property rights. Therefore, the Department of the Interior has determined that these interim final supplementary rules would not cause a taking of private property or require further discussion of takings implications under this Executive Order. mstockstill on DSK4VPTVN1PROD with NOTICES Executive Order 13132, Federalism The interim final supplementary rules will 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. Therefore, the BLM has determined that these interim 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 BLM has determined that these interim final supplementary rules will not unduly burden the judicial system and that the requirements of sections 3(a) and 3(b)(2) of the Executive Order are met. The supplementary rules include rules of conduct and prohibited acts, but they are straightforward and not confusing. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments As discussed in the 2013 Kanaka Valley Management Plan and Decision VerDate Sep<11>2014 19:46 Nov 05, 2014 Jkt 235001 Record, the BLM has been working with both federally recognized tribes and other Native American groups having ancestral and cultural ties to the public lands at Kanaka Valley. The tribes and other Native American groups include Shingle Springs Rancheria, United Auburn Indian Community, Washoe Tribe of California and Nevada, Ione Band of Miwok Indians, Buena Vista Rancheria, Nashville-Eldorado Miwok Tribe, and El Dorado Miwok Tribe. The tribes and other Native American groups actively participated in the planning process that resulted in the 2013 Kanaka Valley Management Plan and Decision Record. The BLM also provided tribes and Native American groups in the vicinity of Kanaka Valley with copies of the draft Kanaka Valley Management Plan and associated Environmental Assessment. The BLM requested comments, and the tribes and other Native American groups expressed no concerns about the draft management plan or the decisions related to these interim final supplementary rules. For these reasons, the BLM has determined that these interim final supplementary rules do not include policies with tribal implications that have not already been considered in consultation and coordination with Indian tribal governments. Information Quality Act In developing these supplementary rules, the BLM did not conduct or use a study, experiment or survey requiring peer review under the Information Quality Act (Section 515 of Pub. L. 106– 554). In accordance with the Information Quality Act, the Department of the Interior has issued guidance regarding the quality of information that it relies upon for regulatory decisions. This guidance is available at DOI’s Web site at https:// www.doi.gov/ocio/iq.html. Executive Order 13211, Effects on the Nation’s Energy Supply These supplementary rules do not comprise a ‘‘significant energy action,’’ as defined in Executive Order 13211, since they are not likely to have a significant adverse effect on the supply, distribution, or use of energy. Paperwork Reduction Act These interim final supplementary rules do not contain information collection requirements that the Office of Management and Budget must approve under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 Author The principal author of these interim final supplementary rules is James Barnes, Archaeologist, BLM Mother Lode Field Office. For the reasons stated in the preamble and under the authority for supplementary rules found in 43 CFR 8365.1–6, the BLM California State Director hereby establishes supplementary rules, effective on an interim final basis immediately after the date of publication in the Federal Register, for 695 acres of public lands known as Kanaka Valley, managed by the BLM in El Dorado County, California, to read as follows: Interim Final Supplementary Rules for 695 Acres of Public Lands Within El Dorado County, California These interim final supplementary rules affect 695 acres of public lands at Kanaka Valley in El Dorado County, California. The legal description of the affected public lands is: Mount Diablo Meridian T. 10 N., R. 9 E., Sec. 5, unnumbered lot in W1⁄2NW1⁄4 and W1⁄2SW1⁄4; Sec. 6, unnumbered lot in E1⁄2NE1⁄4, E1⁄2SE1⁄4, S1⁄2N1⁄2 lot 1 in SW1⁄4, and S1⁄2NW1⁄4SE1⁄4; Sec. 7, lot 1 in NW1⁄4, lot 2 in NW1⁄4, and NE1⁄4; Sec. 8, NW1⁄4NW1⁄4. T. 11 N., R. 9 E., Sec. 31, SE1⁄4SE1⁄4SW1⁄4 and SW1⁄4SE1⁄4. The area described aggregates 695.01 acres, more or less, in El Dorado County, California. Definitions Campfire means a controlled fire occurring out of doors, used for cooking, branding, personal warmth, lighting, ceremonial or aesthetic purposes. Campfires include wood fires, charcoal fires, and portable gas stoves using gas, jellied petroleum, or pressurized liquid fuel. Camping means erecting a tent or a shelter of natural or synthetic material, preparing a sleeping bag or other bedding material, or parking a motor vehicle, motor home, or trailer for the purpose or apparent purpose of overnight occupancy. Dangerous weapon means any weapon that in the manner of its use, or intended use, is capable of causing death or serious bodily injury. Designated hunting zone means a zone explicitly identified (through maps and signs) by the BLM for hunting. Designated trail means a trail developed, maintained, and explicitly identified by the BLM for public nonmotorized use. All designated trails will be identified by a combination of maps and signs. E:\FR\FM\06NON1.SGM 06NON1 Federal Register / Vol. 79, No. 215 / Thursday, November 6, 2014 / Notices Federal, state, local, and/or military employees acting within the scope of their official duties; members of any organized rescue or fire fighting force performing an official duty; and persons who are expressly authorized or approved by the BLM. The prohibition of target shooting in Rule 2 has no effect on hunting by licensed hunters in legitimate pursuit of game during the proper season with appropriate firearms, as defined by the California Department of Fish and Wildlife. Rules mstockstill on DSK4VPTVN1PROD with NOTICES Firearm means any weapon designed to expel a projectile by the action of an explosive. Hunting means taking or attempting to take wildlife by any means, except by trapping or fishing. Motorized vehicle means any motorized transportation conveyance designed for use on or off roadways, such as an automobile, motorcycle, or truck. Target shooting means discharging a firearm or other dangerous weapon for any purpose other than hunting. 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 (43 U.S.C. 1733(a); 43 CFR 8360.0–7). Such violations may also be subject to the enhanced fines provided for by 18 U.S.C. 3571. 1. You must not operate any motorized vehicle outside of countymaintained roads or BLM-designated areas (i.e., parking lot) without first obtaining written BLM authorization (i.e., right-of-way). BLM employees and BLM contractors are allowed to use motorized vehicles for official administrative purposes without further authorization. 2. You must not discharge or use firearms or other dangerous weapons for the purpose of target shooting. 3. Camping is prohibited. 4. Campfires are prohibited. 5. Riding horses, mountain bikes, and other non-motorized conveyances is allowed only on designated trails. 6. Only hands and pans may be used to recover gold or any other mineral resources. 7. Hunting, as specified in 8 and 9, is allowed only with the following methods of take: Bows and arrows, smoothbore shotguns, muzzleloaders, and air guns of .22 caliber or less that are allowed as a method of take for game species pursuant to California Department of Fish and Wildlife regulations. Muzzleloaders are allowed only after fire season is declared over by the BLM. 8. You must not hunt for bear, squirrels, rabbits, jackrabbits, waterfowl, furbearers, or non-game species. 9. Hunting is restricted to deer and turkey during the fall season, deer during the summer archery-only season, and quail and dove during the seasons approved by the California Department of Fish and Wildlife. 10. Hunting is allowed only in the designated hunting zone. 11. In the spring, turkey may be hunted through a special hunt; participants will be selected through a lottery process coordinated by the California Department of Fish and Wildlife. Exemptions The following persons are exempt from these supplementary rules: Any VerDate Sep<11>2014 19:46 Nov 05, 2014 Jkt 235001 James G. Kenna, State Director. [FR Doc. 2014–26410 Filed 11–5–14; 8:45 am] BILLING CODE 4310–P DEPARTMENT OF THE INTERIOR Bureau of Reclamation Central Valley Project Improvement Act Water Management Plans Bureau of Reclamation, Interior. ACTION: Notice of availability. AGENCY: The Standard Criteria for Agricultural and Urban Water Management Plans (Criteria) are now available for public comment. To meet the requirements of the Central Valley Project Improvement Act of 1992 and the Reclamation Reform Act of 1982, the Bureau of Reclamation developed and published the Criteria. The Criteria apply to any Water Management Plans submitted to the Bureau of Reclamation as required by applicable Central Valley Project water service contracts, settlement contracts, or any contracts that specifically invokes the Criteria. Note: For the purpose of this announcement, Water Management Plans are considered the same as Water Conservation Plans (Plans). DATES: All public comments must be received by December 8, 2014. ADDRESSES: Please mail comments to Ms. Angela Anderson, Bureau of Reclamation, 2800 Cottage Way, MP– 410, Sacramento, California 95825; or contact at 916–978–5215, or email at aanderson@usbr.gov. SUMMARY: PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 65989 To be placed on a mailing list for any subsequent information, please contact Ms. Angela Anderson at the email address or telephone number above. SUPPLEMENTARY INFORMATION: Section 3405(e) of the Central Valley Project Improvement Act (CVPIA) (Title 34 Pub. L.102–575), requires the Secretary of the Interior to establish and administer an office on Central Valley Project (CVP) water conservation best management practices that shall ‘‘ . . . develop criteria for evaluating the adequacy of all water conservation plans developed by project contractors, including those plans required by section 210 of the Reclamation Reform Act of 1982.’’ Also, according to Section 3405(e)(1), these criteria must be developed ‘‘ . . . with the purpose of promoting the highest level of water use efficiency reasonably achievable by project contractors using best available cost-effective technology and best management practices.’’ These criteria state that all parties (Contractors) that contract with the Bureau of Reclamation (Reclamation) for water supplies (municipal and industrial contracts over 2,000 acre-feet and agricultural contracts over 2,000 irrigable acres) must prepare Plans that contain the following information: 1. Description of the District. 2. Inventory of Water Resources. 3. Best Management Practices for Agricultural Contractors. 4. Best Management Practices for Urban Contractors. 5. Plan Implementation. 6. Exemption Process. 7. Five-Year Revisions. Reclamation will evaluate Plans based on these criteria. The CVPIA requires Reclamation to evaluate and revise, if necessary, the Criteria every 3 years. The Criteria were last updated in 2011 and the proposed 2014 update is currently under review. Public meetings to solicit comments on revisions of the Criteria were held in September 2014. Comments will be incorporated into the finalized document. A copy can be found at the following Web site: https://www.usbr.gov/mp/watershare/ documents/2014_Standard_Criteria.pdf. A copy can also be obtained by contacting the person at the address above. FOR FURTHER INFORMATION CONTACT: Public Disclosure Before including your address, phone number, email 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 E:\FR\FM\06NON1.SGM 06NON1

Agencies

[Federal Register Volume 79, Number 215 (Thursday, November 6, 2014)]
[Notices]
[Pages 65985-65989]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-26410]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLCAC08000 XXXL1109RM L19200000.JP0000 LRORBX003800]


Notice of Interim Final Supplementary Rules for Public Lands in 
El Dorado County, CA

AGENCY: Bureau of Land Management, Interior.

ACTION: Interim final supplementary rules.

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

SUMMARY: The California State Director for the Bureau of Land 
Management (BLM) is establishing interim final supplementary rules and 
requests public comments. These interim final supplementary rules will 
become effective immediately upon publication in the Federal Register, 
and will apply to 695 acres of public lands, known as Kanaka Valley, in 
El Dorado County, California. The BLM has determined that these interim 
final supplementary rules are necessary to enhance the safety of 
visitors and local residents and reduce the risk of undue ecological 
degradation to Kanaka Valley's rare soils and plants and other 
significant values. These rules are in accordance with the Kanaka 
Valley Management Plan (2013).

DATES: The interim final supplementary rules are effective immediately 
and remain in effect until modified or rescinded by the publication of 
final supplementary rules. The BLM invites comments until January 5, 
2015. Comments received, postmarked, or electronically dated after that 
date will not necessarily be considered in the development of final 
supplementary rules.

ADDRESSES: Please mail or hand deliver all comments concerning the 
interim final supplementary rules to the Bureau of Land Management, 
Attention: Supplementary Rules, BLM Mother Lode Field Office, 5152 
Hillsdale Circle, El Dorado Hills, CA 95762.

FOR FURTHER INFORMATION CONTACT: James Barnes, telephone (916) 941-
3140; address 5152 Hillsdale Circle, El Dorado Hills, CA 95762; email 
jjbarnes@blm.gov or Web site https://www.ca.blm.gov/motherlode.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures

    The public is invited to provide comments on these interim final 
supplementary rules. See DATES and ADDRESSES for information on 
submitting comments. Written comments on the interim final 
supplementary rules should be specific, confined to issues pertinent to 
the interim final supplementary rules and explain the reason for any 
recommended change. Comments requesting changes to decisions in the 
2013 Kanaka Valley Management Plan and Decision Record would be outside 
the scope of this rulemaking.
    Where possible, comments should reference a specific provision of 
these interim final supplementary rules. The BLM need not consider or 
include in the administrative record: (a) comments that the BLM 
receives after the close of the comment period (see DATES), unless they 
are postmarked or electronically dated before the deadline, or (b) 
comments delivered to an address other than that listed above (see 
ADDRESSES).
    Comments, including names, street addresses, and other contact 
information of respondents, will be available for public review at the 
BLM Mother Lode Field Office during regular business hours of 8:30 a.m. 
to 4:30 p.m., Monday through Friday, except Federal holidays. Before 
including your address, telephone number, email address, or other 
personal identifying information in your comment, be advised that your 
entire comment--including your personal identifying information--may be 
made publicly available at any time. While you can ask in your comment 
to withhold from public review your personal identifying information, 
we cannot guarantee that we will be able to do so.

II. Background

    Kanaka Valley is comprised of 695 acres of public lands in El 
Dorado County, California. The BLM acquired Kanaka Valley through a 
donation in 2010. In response to the rapidly growing popularity of 
Kanaka Valley with the recreating public and the need to provide for 
public safety and protect this area's special environmental values, the 
BLM developed the 2013 Kanaka Valley Management Plan and Decision 
Record. This is an area-specific activity-level plan that tiers to the 
BLM's 2008 Sierra Resource Management Plan. It was needed to help the 
BLM manage Kanaka Valley's special environmental values and 
recreational opportunities.
    Sections 302 and 310 of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1732 and 1740) provide the overall authority for the 
BLM's management of Kanaka Valley. The BLM is establishing these 
interim final supplementary rules under the authority of 43 CFR 8365.1-
6, which allows BLM State Directors to establish supplementary rules 
for the protection of persons, property, and public lands and 
resources.
    The supplementary rules outlined in this notice are designed to 
immediately and effectively reduce risks to public health and safety 
and the area's environmental resources including, but not limited to, 
rare gabbro soils and plants. The supplementary rules include 
provisions to partially open Kanaka Valley to hunting. The seasons of 
use and methods of take were developed collaboratively by the BLM, 
adjacent private residents, local stakeholders,

[[Page 65986]]

and the California Department of Fish and Wildlife. Given these 
considerations and the prior analysis of these issues as part of the 
planning process, the BLM finds good cause under 5 U.S.C. 553(b)(3)(B) 
that public notice and comment for this rule are ``impractical, 
unnecessary, or contrary to the public interest,'' and under 5 U.S.C. 
553(d) that this rule may properly take effect upon publication. During 
the planning process that led to the Kanaka Valley Management Plan and 
Decision Record, the BLM took the following steps to involve the public 
in making decisions about Kanaka Valley:
     The BLM conducted 16 public meetings from June 2010 to 
June 2011 to develop the Kanaka Valley Management Plan. The BLM 
contacted Indian tribes during this time. The BLM also worked closely 
on hunting- and firearms-related issues with private landowners (many 
with residences adjacent to Kanaka Valley), hunting groups, and the 
California Department of Fish and Wildlife during this time.
     The BLM made the draft Kanaka Valley Management Plan and 
associated Environmental Assessment (EA) available for a 30-day comment 
period beginning in April 2012. Indian tribes were also afforded a 30-
day comment period.
     A public meeting was held to discuss the draft Kanaka 
Valley Management Plan and associated EA on April 26, 2012, in Cameron 
Park, CA and on May 5, 2012, at Kanaka Valley.
     The BLM summarized all public comments and addressed them 
in the Decision Record. All decisions related to these interim final 
supplementary rules were analyzed in the EA which is available for 
public viewing at the address specified under ADDRESSES and online at: 
https://www.ca.blm.gov/motherlode.
    Based on this extensive public participation, the BLM identified 
the following public safety and resource protection concerns at Kanaka 
Valley:
     Potential conflicts between firearms use and other 
recreationists;
     Potential conflicts between firearms use and nearby 
residents;
     Wildfire risk due to camping and campfires;
     Degradation of natural resources including rare soils and 
plants; and
     Degradation of cultural resources.

III. Discussion of Interim Final Supplementary Rules

    These interim final supplementary rules provide for the protection 
of persons, property, public lands, and resources, in accordance with 
the 2013 Kanaka Valley Management Plan and Decision Record.
    Rule 1 prohibits the operation of any motorized vehicle outside of 
county-maintained roads or BLM-designated areas (for example, parking 
lots) without first obtaining written BLM authorization. Motorized use 
is allowed by the BLM and its contractors for official administrative 
purposes. Rule 5 allows riding horses, mountain bikes, and other non-
motorized conveyances only on designated trails. Rule 6 allows the 
recovery of gold or any other mineral resources only by hands and pans. 
These rules will help prevent resource damage and degradation of the 
area's rare soils and plants.
    Rule 2 prohibits the discharge or use of firearms or other 
dangerous weapons for the purpose of target shooting. The Kanaka Valley 
parcel is relatively small (695 acres) and adjoins private lands, many 
of which are residential properties of less than 20 acres containing 
occupied dwellings in close proximity to the parcel's boundaries 
(within 150 yards in at least 10 cases). At most of the 16 public 
meetings the BLM held from June 2010 to June 2011 while developing the 
Kanaka Valley Management Plan, members of the public expressed concern 
about accidental shooting-related injuries and fatalities. Many of 
those who expressed this concern occupied houses on private lands 
immediately adjacent to the Kanaka Valley parcel. The issue was also 
raised multiple times in written public comments to the BLM on the 
draft Kanaka Valley Management Plan and EA. The BLM's decision to 
prohibit target shooting at Kanaka Valley had the overwhelming support 
of members of the public who participated in the Kanaka Valley land-use 
planning process, including hunting groups.
    Rules 3 and 4 prohibit camping and campfires. These rules will 
reduce the risk of wildfire ignition. There are several occupied 
dwellings and associated outbuildings on private lands immediately 
adjacent to the Kanaka Valley parcel. In at least 10 cases these 
dwellings are within 150 yards of the parcel's boundaries. There is 
dense grass, brush, and other wildfire-prone vegetation in this area. 
The issue of wildfire prevention was raised at most of the 16 public 
meetings the BLM held to develop the Kanaka Valley Management Plan. The 
issue was also raised in written public comments to the BLM on the 
draft Kanaka Valley Management Plan and EA. The BLM's decision to 
establish Rules 3 and 4 prohibiting camping and campfires had 
overwhelming support of those members of the public who participated in 
the Kanaka Valley land-use planning process.
    Rule 7 allows hunting with the following methods of take:
     Bows and arrows;
     Smoothbore shotguns;
     Muzzleloaders; and
     Air guns of .22 caliber or less that are allowed as a 
method of take for game species pursuant to California Department of 
Fish and Wildlife regulations.

Muzzleloaders are allowed only after fire season is declared over by 
the BLM.
    This rule will help prevent accidental shooting-related injuries 
and fatalities by restricting high-velocity firearms such as rifles. 
This rule will also help reduce the risk of wildfire ignition. The 
issue of preventing accidental shooting-related injuries and fatalities 
was raised by the public at most of the 16 public meetings the BLM held 
to develop the Kanaka Valley Management Plan. The issue was also raised 
multiple times in written public comments to the BLM on the draft 
Kanaka Valley Management Plan and EA. The BLM determined during the 
Kanaka Valley land-use planning process that the use of high-velocity 
firearms was unsafe at Kanaka Valley due to the parcel's relatively 
small size and close proximity to at least 10 occupied dwellings. The 
BLM's decision to restrict the types of firearms used by hunters at 
Kanaka Valley had strong support of those members of the public who 
participated in the Kanaka Valley land-use planning process, including 
hunting groups.
    Rule 8 prohibits hunting for bear, squirrels, rabbits, jackrabbits, 
waterfowl, furbearers, and non-game species. Rule 9 restricts hunting 
to deer and turkey during the fall season, deer during the summer 
archery-only season, and quail and dove during the seasons approved by 
the California Department of Fish and Wildlife. Rules 8 and 9 were 
developed collaboratively with adjacent private residents, local 
stakeholders (including hunting groups), and the California Department 
of Fish and Wildlife and will help prevent accidental shooting-related 
injuries and fatalities during periods of high recreational use (i.e., 
associated with the spring wildflower bloom) at Kanaka Valley, and will 
help prevent the area's wildlife population from being rapidly 
depleted. The hunting seasons for Rule 8 species are so unique, 
lengthy, and overlapping that it would be difficult to effectively 
manage them, thereby presenting a public safety danger for adjacent 
residences. The issue of accidental shooting-related injuries and 
fatalities was raised by the public at

[[Page 65987]]

most of the 16 public meetings the BLM held to develop the Kanaka 
Valley Management Plan. The issue was also raised multiple times in 
written public comments to the BLM on the draft Kanaka Valley 
Management Plan and EA. The BLM's decision to restrict hunting of 
certain game animals at Kanaka Valley was made in consultation with the 
California Department of Fish and Wildlife and had strong support of 
those members of the public who participated in the Kanaka Valley land-
use planning process, including hunting groups.
    Rule 10 allows hunting only in the designated hunting zone, which 
will be explicitly identified (through maps and signs) by the BLM for 
hunting. Regulations of the California Department of Fish and Wildlife 
forbid any person (other than the owner, person in possession of the 
premises, or a person having the express permission of the owner or 
person in possession of the premises) to hunt or to discharge while 
hunting, any firearm or other deadly weapon within 150 yards of an 
occupied dwelling, residence, or other associated building, barn, or 
other outbuilding. There are more than 10 occupied dwellings and 
associated outbuildings within 150 yards of the Kanaka Valley parcel's 
boundaries. Therefore, Rule 10 implements the 150-yard requirement by 
establishing a no hunting zone that is clearly delineated by on-the-
ground topographic features. The rule is needed to help enforce 
California state law and regulations and explains a specific instance 
of how the BLM will apply State laws governing hunting, as required at 
43 CFR 8365.1-7.
    Rule 11 allows a spring turkey hunt by hunters selected though a 
lottery process coordinated by the California Department of Fish and 
Wildlife. Since spring turkey hunting has become very popular in 
California, a lottery process will help prevent accidental shooting-
related injuries and fatalities during a period of high recreational 
use at Kanaka Valley, and will help prevent the area's turkey 
population from being rapidly depleted.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These interim final supplementary rules are not a significant 
regulatory action under Executive Order 12866. These interim final 
supplementary rules will not have an annual effect of $100 million or 
more on the economy or 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 interim final supplementary rules will not create a serious 
inconsistency or otherwise interfere with an action taken or planned by 
another agency. The interim final supplementary rules do not materially 
alter the budgetary effects of entitlements, grants, user fees, or loan 
programs or the right or obligation of their recipients; nor do they 
raise novel legal or policy issues. They merely impose certain rules on 
recreational activities on a limited portion of the public lands in 
California in order to protect human health, safety, and the 
environment.

Clarity of the Interim Final 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 interim final supplementary rules easier to understand, 
including answers to questions such as the following:
    (1) Are the requirements in the interim final supplementary rules 
clearly stated?
    (2) Do the interim final supplementary rules contain technical 
language or jargon that interferes with their clarity?
    (3) Does the format of the interim final supplementary rules 
(grouping and order of sections, use of headings, paragraphing, etc.) 
aid or reduce their clarity?
    (4) Would the interim final supplementary rules be easier to 
understand if they were divided into more (but shorter) sections?
    (5) Is the description of the interim final supplementary rules in 
the SUPPLMENTARY INFORMATION section of this preamble helpful in 
understanding the interim final supplementary rules? How could this 
description be more helpful in making the interim final supplementary 
rules easier to understand?
    Please send any comments you have on the clarity of the interim 
final supplementary rules to the address specified in the ADDRESSES 
section.

National Environmental Policy Act

    These interim final supplementary rules are a component of a larger 
land-use planning process for Kanaka Valley (i.e., Kanaka Valley 
Management Plan and Decision Record) that was a Federal action. In 
developing the Kanaka Valley Management Plan and Decision Record, the 
BLM prepared the draft Kanaka Valley Management Plan and EA, which 
includes a complete analysis of each decision corresponding to the 
interim final supplementary rules. Based on the analysis in this EA, 
the BLM found that the action, including the interim final 
supplementary rules, would not have a significant individual or 
cumulative effect on the quality of the human environment under Section 
102(2)(C) of the NEPA (42 U.S.C. 4332(2)(C)). See 40 CFR 1508.4; 43 CFR 
46.210. The BLM prepared a Finding of No Significant Impact (FONSI) to 
document this finding.
    The draft management plan, EA, FONSI, and Kanaka Valley Management 
Plan and Decision Record are on file and available to the public in the 
BLM administrative record at the address specified under ADDRESSES. 
They are also available to the pubic online at: https://www.ca.blm.gov/motherlode.

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 would have a 
significant economic impact, either detrimental or beneficial, on a 
substantial number of small entities. The interim final supplementary 
rules do not pertain specifically to commercial or governmental 
entities of any size, but to public recreational use of specific public 
lands. Therefore, the BLM has determined under the RFA that these 
interim final supplementary rules would not have a significant economic 
impact on a substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act

    These interim final supplementary rules do not constitute a ``major 
rule'' as defined at 5 U.S.C. 804(2). The interim final supplementary 
rules generally contain rules of conduct for recreational use of 
certain public lands. They do not have an effect on business, 
commercial, or industrial use of the public lands that rises to any of 
the following thresholds specified in 5 U.S.C. 804(2):
    (a) An annual effect on the economy of $100 million or more;
    (b) A major increase in costs or prices for consumers, individual 
industries, Federal, State, or local government agencies, or geographic 
regions; or
    (c) Significant adverse effects on competition, employment, 
investment, productivity, innovation, or on the ability of United 
States-based enterprises in domestic and export markets.

[[Page 65988]]

Unfunded Mandates Reform Act

    These interim 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 small governments. These interim final 
supplementary rules do not require anything of State, local, or tribal 
governments. 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)

    The interim final supplementary rules are not a government action 
capable of interfering with constitutionally protected property rights. 
The interim final supplementary rules do not address property rights in 
any form and do not cause the impairment of anybody's property rights. 
Therefore, the Department of the Interior has determined that these 
interim final supplementary rules would not cause a taking of private 
property or require further discussion of takings implications under 
this Executive Order.

Executive Order 13132, Federalism

    The interim final supplementary rules will 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. Therefore, the 
BLM has determined that these interim 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 BLM has determined that these 
interim final supplementary rules will not unduly burden the judicial 
system and that the requirements of sections 3(a) and 3(b)(2) of the 
Executive Order are met. The supplementary rules include rules of 
conduct and prohibited acts, but they are straightforward and not 
confusing.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    As discussed in the 2013 Kanaka Valley Management Plan and Decision 
Record, the BLM has been working with both federally recognized tribes 
and other Native American groups having ancestral and cultural ties to 
the public lands at Kanaka Valley. The tribes and other Native American 
groups include Shingle Springs Rancheria, United Auburn Indian 
Community, Washoe Tribe of California and Nevada, Ione Band of Miwok 
Indians, Buena Vista Rancheria, Nashville-Eldorado Miwok Tribe, and El 
Dorado Miwok Tribe.
    The tribes and other Native American groups actively participated 
in the planning process that resulted in the 2013 Kanaka Valley 
Management Plan and Decision Record. The BLM also provided tribes and 
Native American groups in the vicinity of Kanaka Valley with copies of 
the draft Kanaka Valley Management Plan and associated Environmental 
Assessment. The BLM requested comments, and the tribes and other Native 
American groups expressed no concerns about the draft management plan 
or the decisions related to these interim final supplementary rules. 
For these reasons, the BLM has determined that these interim final 
supplementary rules do not include policies with tribal implications 
that have not already been considered in consultation and coordination 
with Indian tribal governments.

Information Quality Act

    In developing these supplementary rules, the BLM did not conduct or 
use a study, experiment or survey requiring peer review under the 
Information Quality Act (Section 515 of Pub. L. 106-554). In accordance 
with the Information Quality Act, the Department of the Interior has 
issued guidance regarding the quality of information that it relies 
upon for regulatory decisions. This guidance is available at DOI's Web 
site at https://www.doi.gov/ocio/iq.html.

Executive Order 13211, Effects on the Nation's Energy Supply

    These supplementary rules do not comprise a ``significant energy 
action,'' as defined in Executive Order 13211, since they are not 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy.

Paperwork Reduction Act

    These interim final supplementary rules do not contain information 
collection requirements that the Office of Management and Budget must 
approve under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Author

    The principal author of these interim final supplementary rules is 
James Barnes, Archaeologist, BLM Mother Lode Field Office.
    For the reasons stated in the preamble and under the authority for 
supplementary rules found in 43 CFR 8365.1-6, the BLM California State 
Director hereby establishes supplementary rules, effective on an 
interim final basis immediately after the date of publication in the 
Federal Register, for 695 acres of public lands known as Kanaka Valley, 
managed by the BLM in El Dorado County, California, to read as follows:

Interim Final Supplementary Rules for 695 Acres of Public Lands Within 
El Dorado County, California

    These interim final supplementary rules affect 695 acres of public 
lands at Kanaka Valley in El Dorado County, California. The legal 
description of the affected public lands is:

Mount Diablo Meridian

T. 10 N., R. 9 E.,
    Sec. 5, unnumbered lot in W\1/2\NW\1/4\ and W\1/2\SW\1/4\;
    Sec. 6, unnumbered lot in E\1/2\NE\1/4\, E\1/2\SE\1/4\, S\1/
2\N\1/2\ lot 1 in SW\1/4\, and S\1/2\NW\1/4\SE\1/4\;
    Sec. 7, lot 1 in NW\1/4\, lot 2 in NW\1/4\, and NE\1/4\;
    Sec. 8, NW\1/4\NW\1/4\. T. 11 N., R. 9 E.,
    Sec. 31, SE\1/4\SE\1/4\SW\1/4\ and SW\1/4\SE\1/4\.

    The area described aggregates 695.01 acres, more or less, in El 
Dorado County, California.

Definitions

    Campfire means a controlled fire occurring out of doors, used for 
cooking, branding, personal warmth, lighting, ceremonial or aesthetic 
purposes. Campfires include wood fires, charcoal fires, and portable 
gas stoves using gas, jellied petroleum, or pressurized liquid fuel.
    Camping means erecting a tent or a shelter of natural or synthetic 
material, preparing a sleeping bag or other bedding material, or 
parking a motor vehicle, motor home, or trailer for the purpose or 
apparent purpose of overnight occupancy.
    Dangerous weapon means any weapon that in the manner of its use, or 
intended use, is capable of causing death or serious bodily injury.
    Designated hunting zone means a zone explicitly identified (through 
maps and signs) by the BLM for hunting.
    Designated trail means a trail developed, maintained, and 
explicitly identified by the BLM for public non-motorized use. All 
designated trails will be identified by a combination of maps and 
signs.

[[Page 65989]]

    Firearm means any weapon designed to expel a projectile by the 
action of an explosive.
    Hunting means taking or attempting to take wildlife by any means, 
except by trapping or fishing.
    Motorized vehicle means any motorized transportation conveyance 
designed for use on or off roadways, such as an automobile, motorcycle, 
or truck.
    Target shooting means discharging a firearm or other dangerous 
weapon for any purpose other than hunting.

Rules

    1. You must not operate any motorized vehicle outside of county-
maintained roads or BLM-designated areas (i.e., parking lot) without 
first obtaining written BLM authorization (i.e., right-of-way). BLM 
employees and BLM contractors are allowed to use motorized vehicles for 
official administrative purposes without further authorization.
    2. You must not discharge or use firearms or other dangerous 
weapons for the purpose of target shooting.
    3. Camping is prohibited.
    4. Campfires are prohibited.
    5. Riding horses, mountain bikes, and other non-motorized 
conveyances is allowed only on designated trails.
    6. Only hands and pans may be used to recover gold or any other 
mineral resources.
    7. Hunting, as specified in 8 and 9, is allowed only with the 
following methods of take: Bows and arrows, smoothbore shotguns, 
muzzleloaders, and air guns of .22 caliber or less that are allowed as 
a method of take for game species pursuant to California Department of 
Fish and Wildlife regulations. Muzzleloaders are allowed only after 
fire season is declared over by the BLM.
    8. You must not hunt for bear, squirrels, rabbits, jackrabbits, 
waterfowl, furbearers, or non-game species.
    9. Hunting is restricted to deer and turkey during the fall season, 
deer during the summer archery-only season, and quail and dove during 
the seasons approved by the California Department of Fish and Wildlife.
    10. Hunting is allowed only in the designated hunting zone.
    11. In the spring, turkey may be hunted through a special hunt; 
participants will be selected through a lottery process coordinated by 
the California Department of Fish and Wildlife.

Exemptions

    The following persons are exempt from these supplementary rules: 
Any Federal, state, local, and/or military employees acting within the 
scope of their official duties; members of any organized rescue or fire 
fighting force performing an official duty; and persons who are 
expressly authorized or approved by the BLM.
    The prohibition of target shooting in Rule 2 has no effect on 
hunting by licensed hunters in legitimate pursuit of game during the 
proper season with appropriate firearms, as defined by the California 
Department of Fish and Wildlife.

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 (43 U.S.C. 1733(a); 
43 CFR 8360.0-7). Such violations may also be subject to the enhanced 
fines provided for by 18 U.S.C. 3571.

James G. Kenna,
State Director.
[FR Doc. 2014-26410 Filed 11-5-14; 8:45 am]
BILLING CODE 4310-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.