[Federal Register Volume 78, Number 30 (Wednesday, February 13, 2013)]
[Notices]
[Pages 10206-10209]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03282]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[L12200000.MV0000/LLCAC05000]
Notice of Final Supplementary Rules for Public Lands Managed by
the Ukiah Field Office in Lake, Sonoma, Mendocino, Glenn, Colusa, Napa,
Marin, Yolo and Solano Counties, CA
AGENCY: Bureau of Land Management, Interior.
ACTION: Final supplementary rules.
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SUMMARY: In accordance with the Record of Decision (ROD) for the Ukiah
Field Office Approved Resource Management Plan (RMP), the Bureau of
Land Management (BLM) is establishing final supplementary rules. The
Final Environmental Impact Statement (EIS) identified and thoroughly
analyzed the effects of land use limitations and restrictions, and
specified that supplementary rules would be required for resource
protection and visitor safety. Upon publication, these final
supplementary rules will supersede the interim final supplementary
rules that apply to public lands within the Ukiah Field Office's
jurisdiction. The BLM has determined that these final supplementary
rules are necessary to enhance visitor safety, protect natural
resources, improve recreation opportunities, and protect public health.
These rules do not impose or implement any land use limitations and
restrictions other than those included within the Ukiah RMP.
DATES: The final supplementary rules are effective February 13, 2013.
ADDRESSES: Bureau of Land Management, Ukiah Field Office, 2550 North
State Street, Ukiah, CA 95482. The final supplementary rules are
available for inspection at the Ukiah Field Office and on the Ukiah
Field Office Web page (http://www.blm.gov/ca/st/en/fo/ukiah.html).
FOR FURTHER INFORMATION CONTACT: Jonna Hildenbrand, Bureau of Land
Management, Ukiah Field Office, 2550 North State Street, Ukiah,
California 95482, 707-468-4024, or email jhildenb@ca.blm.gov.
SUPPLEMENTARY INFORMATION:
I. Background
II. Public Comment and Discussion of Final Supplementary Rules
III. Procedural Matters
I. Background
The BLM is establishing these 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. This provision allows the BLM to issue
rules of less than national effect without codifying the rules in the
Code of Federal Regulations. These final supplementary rules apply to
public lands managed by the Ukiah Field Office in Lake, Sonoma,
Mendocino, Glenn, Colusa, Napa, Marin, Yolo, and Solano Counties of
California. Maps of the management areas and boundaries can be obtained
by contacting the Ukiah Field Office (see ADDRESSES) or by accessing
the following Web site http://www.blm.gov/ca/st/en/fo/ukiah. The final
supplementary rules will be available for inspection at the Ukiah Field
Office http://www.blm.gov/ca/st/en/fo/ukiah.
II. Public Comment and Discussion of Final Supplementary Rules
The BLM published interim final supplementary rules on June 2, 2011
(76 FR 31979). The rules became effective immediately upon publication
with the BLM having set forth good cause for such in the preamble
language, which detailed unsafe target shooting practices, resource
degradation, and the presence of critical habitat. The BLM invited
public comments on the interim rules for 60 days. The comment period
closed on August 1, 2011. No comments were received during this period.
The final supplementary rules have been clarified, mapping efforts
explained, definitions refined, and typographical and grammatical
errors corrected. In Sections 2 and 3, all references to ``interim
final supplementary rules of conduct'' and ``interim supplementary
rules'' have been deleted and, in appropriate instances, have been
replaced with text indicating that these are now final supplementary
rules.
III. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
These supplementary rules are not a significant regulatory action
and are not subject to review by the Office of
[[Page 10207]]
Management and Budget under Executive Order 12866. These 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
final 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 rules merely contain rules of conduct for public
use of a limited portion of the public lands in California in order to
provide protection for human health, safety, and the environment.
National Environmental Policy Act
The BLM prepared a draft and final EIS on the RMP and has
determined that the rules would not constitute a major Federal action
significantly affecting the quality of the human environment under
Section 102(2)(C) of the National Environmental Policy Act (NEPA), 42
U.S.C. 4332(2)(C). The final supplementary rules, limitations, and
associated effects were thoroughly analyzed under NEPA in the draft and
final EIS for the Ukiah RMP as well as in various environmental
assessments for activity-level plans adopted in the Ukiah RMP. The
draft EIS was published in the Federal Register and posted on the Ukiah
Field Office Web site for a 90-day period from September 16, 2005,
through December 15, 2005. The proposed RMP and final EIS were
published in the Federal Register and posted on the Ukiah Field Office
Web site for a 30-day protest period from June 30, 2006, through July
30, 2006. The final EIS and ROD are on file and available to the public
at the address specified in ADDRESSES. The final EIS and ROD are online
at the Web site specified in ADDRESSES.
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. These supplementary rules merely
establish rules of conduct for public recreational 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 (SBREFA)
These supplementary rules do not constitute a ``major rule'' as
defined at 5 U.S.C. 804(2). These supplementary rules merely contain
rules of conduct for recreational 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 $100 million or more per year; nor do they have a
significant or unique effect on small governments. The supplementary
rules have no effect on State, local, or tribal governments and do not
impose any requirements on any of these entities. Therefore, the BLM is
not required to prepare a statement containing the information required
by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.).
Executive Order 12630, Governmental Actions and Interference With
Constitutionally Protected Property Rights (Takings)
These supplementary rules are not government action capable of
interfering with constitutionally protected property rights. These
supplementary rules do not address property rights in any form, and do
not cause the impairment of one's property rights. Therefore, the BLM
has determined that these 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
These 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. These supplementary rules affect land
in only one State, California, and do not conflict with any California
State law or regulation. Therefore, in accordance with 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, the BLM has determined that 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, the BLM has found that
these supplementary rules do not include policies that have tribal
implications. The supplementary rules do not affect lands held for the
benefit of Indians, Aleuts, or Eskimos, Indian resources, or tribal
property rights. To comply with Executive Orders regarding government-
to-government relations with Native Americans, formal and informal
contacts were made with 26 federally recognized and 2 non-recognized
tribal governments with interests in the affected area. The tribes were
provided with a copy of the draft RMP. In addition, the BLM contacted
each tribe directly requesting comments and assessing the need for a
tribal briefing. The tribes expressed no concerns about the RMP or the
decisions related to these supplementary rules.
Information Quality Act
The Information Quality Act (Section 515 of Pub. L. 106-554)
requires that Federal agencies 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 in
developing these supplementary rules.
Executive Order 13211, Effects on the Nation's Energy Supply
These supplementary rules are not a significant energy action, as
defined in Executive Order 13211. The rules will not have a significant
adverse effect on the supply, distribution, or use of energy and have
no connection with energy policy.
Paperwork Reduction Act
These 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.
[[Page 10208]]
Author
The principal author of these supplementary rules is Rich Burns,
Field Manager, Ukiah Field Office.
For the reasons stated in the preamble and under the authority for
supplementary rules found in 43 CFR 8365.1-6, the California State
Director, Bureau of Land Management, issues these supplementary rules,
effective upon publication for good cause shown at 76 FR 31980 (June 2,
2011) for public lands managed by the Ukiah Field Office to read as
follows:
Supplementary Rules for all the Public Lands Within the Jurisdiction of
the Ukiah Field Office
Section 1. Definitions
Camping means the use of tents or shelters of natural or synthetic
material, preparing a sleeping bag or other bedding material for use,
or mooring of a vessel, or parking a vehicle or trailer for the
apparent purpose of overnight occupancy.
Cave Resource means any material or substance occurring naturally
in caves on Federal lands, such as animal or plant material,
paleontological deposits, sediments, minerals, speleogens (bedrock
formations), and speleothems (secondary mineral deposits).
Cliff means a very steep, vertical or overhanging face of rock or
earth.
Climbing means all gear-assisted and non-gear assisted ascent or
descent, especially by using both hands and feet.
Firearm means any device designed to be used as a weapon, from
which a projectile by the force of an explosion or other form of
combustion is expelled through a barrel.
Fireworks means a device for producing a striking display or noise
by the combustion of explosive or flammable compositions including
those that are defined as legal for sale within the State of
California, also known as ``safe and sane'' fireworks.
Frontcountry is a Recreation Opportunity Spectrum (ROS) designation
that means an area that represents a broad mix of uses.
Hang Gliding and Paragliding means the use of all non-motorized,
foot-launched aircraft.
Hunting means the pursuit of game by any person in possession of a
current legal California hunting license in accordance with State law.
Motorized Vehicle means any vehicle that is self-propelled or
propelled under the California Vehicle Code Section 415 and Section
670.
Middlecountry is an ROS designation that means an area generally
with naturally appearing landscape except for primitive roads (dirt or
graveled surface roads). Trails are maintained and marked with simple
trailhead developments, signs and basic sanitation facilities.
Off-Highway Vehicle (OHV) means any motorized vehicle capable of,
or designed for, travel on or immediately over land, water, or other
natural terrain, not excluded by 43 CFR 8340.0-7(a).
Open Fire means all fire with an exposed flame such as wood fires,
campfires, charcoal barbecues, or camp stoves outside of fire rings,
which are located in designated developed recreational sites.
Projectile means any bullet, ball, sabot, slug, buckshot, arrow, or
other object that is propelled from a device.
Recreation Opportunity Spectrum (ROS) means a method of
inventorying existing physical and social conditions.
Shooting means the discharge of a weapon for non-hunting purposes.
Sink Hole means a natural depression or hole in surface topography
caused by the removal of soil or bedrock by water.
Street Legal Vehicle means any vehicle subject to registration
under the California Vehicle Code (Section 4000(a)).
Weapon means any firearm, crossbow, bow and arrow, air or gas
paintball gun, fireworks or explosive device capable of propelling a
projectile by means of an explosion, compressed air, string, or spring.
Section 2. Rules of Conduct
The following rules apply year round to all BLM lands managed by
the Ukiah Field office and persons unless explicitly stated otherwise
in a particular rule. Specific rules for individual management areas
are identified in subparts b, c and d. Additionally, the following
persons are exempt from these supplementary rules: Federal, State, or
local officers or employees acting within the scope of their official
duties; members of any organized rescue or firefighting force in
performance of an official duty; and any person whose activities are
authorized in writing by the BLM Authorized Officer.
a. The following rules apply to all public lands within the Ukiah
Field Office jurisdiction.
1. All lands managed by the Ukiah Field Office, with the exception
of wilderness study areas, are designated as limited to designated
routes for motorized and off-highway vehicle use (43 CFR 8340.0-5(g)).
2. All routes are closed to motorized vehicles unless designated as
open within the Resource Management Plan.
3. The use or possession of fireworks is prohibited.
4. Hunting is allowed except where specifically prohibited.
5. Management areas and ROS zones within the management areas will
be delineated on maps provided to the public.
b. The following rules apply to all designated Scattered Tracts
Management Areas within the jurisdiction of the Ukiah Field Office.
Scattered tracts are BLM lands that are covered by the Resource
Management Plan but are not contiguous to any other management area.
These tracts are mostly small parcels of public land surrounded by
private property making them inaccessible to the public. Scattered
tracts total approximately 47,000 acres and are found in every county
containing public lands within the Ukiah Field Office jurisdiction. The
use of weapons is prohibited except when hunting.
c. The following rules apply to all designated Areas of Critical
Environmental Concern (ACEC) and Research Areas within the jurisdiction
of the Ukiah Field Office.
It is prohibited to deface, remove, or destroy plants or their
parts, soil, rocks, minerals, or cave resources within the following
areas: Lost Valley--40 acres (Cow Mountain Management Area, Mendocino
County); Knoxville--5,236 acres (Knoxville Management Area, Lake
County); Walker Ridge--3,685 acres (Indian Valley Management Area, Lake
and Colusa Counties); Indian Valley Brodiaea--100 acres (Indian Valley
Management Area, Lake County); Cache Creek--11,228 acres (Cache Creek
Management Area, Lake, Colusa, and Yolo counties); Northern California
Chaparral Research Area--11,206 acres (Cache Creek Management Area,
Lake County); Cedar Roughs Research Natural Area--6,350 acres
(Scattered Tracts Management Area, Napa County); Stornetta--887 acres
(Stornetta Management Area, Mendocino County); Black Forest--247 acres
(Scattered Tracts Management Area, Lake County); and The Cedars of
Sonoma County--1,500 acres (Scattered Tracts Management Area, Sonoma
County).
d. The following rules apply to Cache Creek, Cow Mountain,
Knoxville, Geysers, Indian Valley, and Stornetta Management Areas and
The Black Forest and The Cedars of Sonoma County within the
jurisdiction of the Ukiah Field Office.
Cache Creek Management Area
Cache Creek encompasses approximately 73,000 acres of public
[[Page 10209]]
land. It includes the Cache Creek Natural Area, Cache Creek ACEC and
the Cache Creek Wilderness Area. Cowboy Camp is a developed recreation
site there with a day use area, an overnight parking area, and a group
camp site. High Bridge is a developed recreation site there with a day
use area and overnight parking area.
1. Use of weapons is prohibited except when hunting.
2. Defacing, removing, or destroying plants or their parts, soil,
rocks, minerals, or cave resources are prohibited.
3. Motorized and Street Legal Vehicles and horses are allowed in
the Cowboy Camp group camp site from the third Saturday in April
through the third Saturday in November.
4. Camping is limited to the group camp site within the cowboy camp
developed recreation site.
5. High Bridge and Cowboy Camp developed recreation sites are open
for day use only from one-half hour before sunrise to one-half hour
after sunset except for long-term parking for overnight backcountry
visitors.
Cow Mountain Management Area
Cow Mountain is comprised of approximately 51,000 acres of public
lands and is divided into North and South Cow Mountain. The use of
weapons is limited to designated shooting areas except when hunting.
South Cow Mountain OHV (Portion) of Cow Mountain Management Area
1. Operating a motorized vehicle is prohibited within South Cow
Mountain OHV unit during wet weather closures (resulting from
accumulated precipitation) or administrative closures.
2. Wet Weather Closure--When total annual (beginning and measured
as of October 1st of each year) precipitation exceeds 4 inches, at
least one-half inch of precipitation has fallen in 24 hours or 1 inch
in 72 hours, and the authorized officer has determined that motorized
vehicles will cause considerable adverse effects upon the soil,
vegetation, wildlife, and other resources, the authorized officer,
pursuant to 43 CFR 8341.2, will implement a temporary closure of all
existing roads, existing trails and public lands within the management
area to all motorized vehicles for a minimum of 3 days. Once the area
has been closed, a field inspection will be completed prior to
reopening and daily thereafter to determine suitability of road and
trail conditions. When field observations show that motorized vehicle
use can occur without causing considerable adverse effects as described
in 43 CFR 8341.2, the temporary closure will be terminated. Exceptions
to this temporary closure will only be allowed for valid existing
rights (private landowners, landowners' representatives, lessees, and/
or authorized parties) who need access to their property. Landowners,
landowners' representatives, lessees, and/or authorized parties will
only be able to access their property via the most direct route and are
not allowed to use a motorized vehicle on any other part of the South
Cow Mountain OHV Area. This policy is subject to modification due to
changing resource conditions which may include immediate closure due to
adverse effects (43 CFR 8341.2).
North Cow Mountain (Portion) of Cow Mountain Management Area
1. The Mendo-Rock Road, Water Tank Spur, Willow Creek Road, Rifle
Range Road, Radio Tower Road, Rifle Range Maintenance Spur, and
Mayacmas Campground Road are open year round and limited to street
legal vehicles only.
2. Roads open during general (rifle) deer season and limited to
street legal vehicles only are Firebreak 1, McClure Creek
Ridge Spur, McClure Creek Spur, Sulphur Creek Spur, and Sulphur Creek
Ridge Spur.
3. All other roads are closed year round to street legal, off-
highway and motorized vehicles.
Knoxville Management Area
The Knoxville area contains approximately 24,000 acres of public
lands.
1. Use of weapons is prohibited except when hunting.
2. Adams Ridge Road is open to street legal vehicles during general
(rifle) deer season.
Geysers Management Area
The Geysers Management Area encompasses about 7,100 acres of public
lands.
Shooting is allowed in ROS zone Middlecountry.
Indian Valley Management Area
Shooting is allowed in ROS zones Middlecountry and Frontcountry.
Black Forest/The Cedars of Sonoma County Lands
Black Forest includes 247 acres of public lands on Mount Konocti
just south of Soda Bay on Clear Lake.
The Cedars of Sonoma County includes 1,500 acres of public lands
and is located 2 miles northeast of the Austin Creek State Recreation
Area.
1. Motorized and off-highway vehicle use is prohibited.
2. Climbing on the cliffs is prohibited.
3. Use of weapons is prohibited except when hunting.
Stornetta Management Area
The 1,132-acre Stornetta Management Area is located along the
Mendocino County coastline just north of the town of Point Arena.
1. Use of weapons is prohibited.
2. Hunting is prohibited.
3. Hang gliding or paragliding is prohibited.
4. Camping is prohibited.
5. The area is open for day use only from one-half hour before
sunrise to one-half hour after sunset.
6. Use of motorized vehicles is prohibited.
7. Beach access is permitted only at the designated access trails
marked by signs. These locations are mile marker 1.4 and 2.3 from the
Highway 1 and Lighthouse Road intersection.
8. Climbing on cliffs and in or around sink holes is prohibited.
9. Dogs must be on a leash no longer than 6 feet or otherwise
physically restricted at all times.
10. Open fires are prohibited.
11. Cutting or collecting firewood is prohibited.
12. Feeding or harassing wildlife is prohibited.
13. Physical removal of any resources including, but not limited
to, vegetation, animals, driftwood, and shells, is prohibited.
Section 3. 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,
California State Director.
[FR Doc. 2013-03282 Filed 2-12-13; 8:45 am]
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