[Federal Register: October 21, 2005 (Volume 70, Number 203)]
[Notices]
[Page 61305-61307]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21oc05-108]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[CA 670 1232 FH]
Proposed Supplementary Rules on Public Land in California
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of proposed supplementary rules.
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SUMMARY: This notice contains proposed supplementary rules which will
apply to the public lands within the Adaptive Management Area (AMA) in
the Imperial Sand Dunes Recreation Area (ISDRA) managed by the El
Centro Field Office in Imperial County, California. This action is
necessary in order to maintain viable populations of all native
species, maintain habitat connectivity, and provide high quality,
unique, world-class, day-use, semi-primitive, motorized recreation
opportunities for off-highway vehicle (OHV) activities and non-
vehicular recreational activities throughout the Adaptive Management
Area and Imperial Sand Dunes Recreation Area. We intend the
supplementary rules to allow the Bureau of Land Management (BLM) to
manage AMA area in order to provide recreational opportunities while
allowing for the conservation of habitat and plants and species of
concern.
DATES: You should submit your comments by November 21, 2005.
ADDRESSES: You may submit comments, identified with the subject line
``AMA Supplementary Rule,'' by any of the following methods:
E-mail: rleloup@ca.blm.gov. Include AMA Supplementary Rule
in the subject line of the message.
Fax: 760-337-4490, Attn: Chief Ranger Ray LeLoup.
Mail: Bureau of Land Management, El Centro Field Office,
1661 S. 4th Street, El Centro, CA 92243, Attn: Chief Ranger Ray LeLoup.
Hand Delivery / Courier: 1661 South 4th St., El Centro, CA
92243.
FOR FURTHER INFORMATION CONTACT: Chief Ranger Ray LeLoup, 760-337-4475.
SUPPLEMENTARY INFORMATION:
I. Procedures for Submitting Comments
II. Background
III. Discussion of the Supplementary Rules
IV. Procedural Matters
I. Procedures for Submitting Comments
Written comments on the proposed rule should be specific, confined
to issues pertinent to the proposed rule, and should explain the reason
for any recommended change. Where possible, comments should reference
the specific section or paragraph of the proposal that you are
addressing. BLM need not consider or include in the Administrative
Record for the final rule comments which BLM receives after the close
of the comment period (See DATES) or comments delivered to an address
other than those listed above (See ADDRESSES).
Comments, including names, street addresses, and other contact
information of respondents, will be available for public review at 1661
S. 4th St., El Centro, CA 92243 during regular business hours (7:45
a.m. to 3:45 p.m.), Monday through Friday, except Federal holidays.
Individual respondents may request confidentiality. If you wish to
request that BLM consider withholding your name, street address, and
other contact
[[Page 61306]]
information (such as: Internet address, FAX or phone number) from
public review or from disclosure under the Freedom of Information Act,
you must state this prominently at the beginning of your comment. BLM
will honor requests for confidentiality on a case-by-case basis to the
extent allowed by law. BLM will make available for public inspection in
their entirety all submissions from organizations or businesses, and
from individuals identifying themselves as representatives or officials
of organizations or businesses.
II. Background
The Adaptive Management Area was created in the 2003 Imperial Sand
Dunes Recreation Area Management Plan. The Adaptive Management Area is
located within the Imperial Sand Dunes Recreation Area in the following
described sections:
San Bernardino Meridian
T. 14 S., R. 18 E., sec. 58;
T. 14 S., R. 19 E., secs. 31 to 35 inclusive;
T. 15 S., R. 18 E., sec. 1 and sec. 12;
T. 15 S., R. 19 E., secs. 1 to 15 inclusive; secs. 17 and 18;
secs. 20 to 28 inclusive; secs. 34 to 59 inclusive;
T. 15 S., R. 20 E., sec. 7; secs. 17 to 21 inclusive; secs. 29
to 31 inclusive;
T. 16 S., R. 19 E., secs. 1 and 2; sec. 12;
T. 16 S., R. 20 E., sec. 39.
The Adaptive Management Area contains approximately 33,289 acres of BLM
managed land and contains the most widely diverse habitat in the ISDRA.
Historical recreational use of the AMA area is low to moderate. The AMA
provides for semi-primitive motorized recreation opportunities and
experiences. Anecdotal information suggests that visitor use is low
compared to the remainder of the IDRA. Visitors come in small groups of
vehicles and take part in OHV recreation throughout the ISDRA. BLM's
goal is to manage the AMA in a manner that provides recreational
opportunities while allowing for the conservation of habitat and plants
and species of concern.
III. Discussion of the Supplementary Rules
The supplementary rules will apply to the public lands within the
Adaptive Management Area in the Imperial Sand Dunes Recreation Area.
The Bureau of Land Management has determined these rules are necessary
to protect the area's natural resources and to provide recreational
opportunities. This area will be managed using principles of adaptive
management, which will allow for the continuous improvement of
management policies and practices based on previous outcomes of
operational programs. Adaptive management is a way for managers to
proceed responsibly in the face of multiple uncertainties. In order to
fulfill the Bureau of Land Management's obligations under the Federal
regulations, BLM must carefully manage OHV recreation so that the
conditions of the special status species and other unique natural and
cultural resources are maintained or improved. It is crucial to have
the supplementary rules in place in order to allow for the multiple use
of the resource area. A more detailed explanation as to the need for
such a rule may be found in the Final Environmental Impact Statement
(EIS) for the Imperial Sand Dunes Recreation Area dated May 2003.
Please see pages 96-141.
IV. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
These proposed supplementary rules are not a significant regulatory
action and are not subject to review by Office of Management and Budget
under Executive Order 12866. These proposed 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 proposed
supplementary rules will not create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency.
These proposed 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. They merely impose rules of conduct and
impose other limitations on certain recreational activities on certain
public lands to protect natural resources.
Clarity of the 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 proposed supplementary rules easier to understand,
including answers to questions such as the following: (1) Are the
requirements in the proposed supplementary rules clearly stated? (2) Do
the proposed supplementary rules contain technical language or jargon
that interferes with their clarity? (3) Does the format of the proposed
supplementary rules (grouping and order of sections, use of headings,
paragraphing, etc.) aid or reduce their clarity? (4) Would the
supplementary rules be easier to understand if they were divided into
more (but shorter) sections? (5) Is the description of the proposed
supplementary rules in the SUPPLEMENTARY INFORMATION section of this
preamble helpful to your understanding of the proposed supplementary
rules? How could this description be more helpful in making the
proposed supplementary rules easier to understand?
Please send any comments you have on the clarity of the
supplementary rules to the address specified in the ADDRESSES section.
National Environmental Policy Act
BLM has prepared Final Environmental Impact Statement (EIS) for the
Imperial Sand Dunes Recreation Area dated May 2003, which covers the
proposed supplementary rules. BLM has placed the EIS on file in the BLM
Administrative Record at the address specified in the ADDRESSES
section. BLM invites the public to review these documents and suggests
that anyone wishing to address matters covered in the EIS do so in
accordance with the Written Comments section above.
Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act of 1980 (RFA), as
amended, 5 U.S.C. 601-612, to ensure that Government regulations do not
unnecessarily or disproportionately burden small entities. The RFA
requires a regulatory flexibility analysis if a rule would have a
significant economic impact, either detrimental or beneficial, on a
substantial number of small entities. These proposed supplementary
rules should have no economic effect on business, organizational, or
governmental entities of whatever size. They merely would impose
reasonable restrictions on certain recreational activities on certain
public lands to protect natural resources and the environment,.
Therefore, BLM has determined under the RFA that these proposed
supplementary rules would not have a significant economic impact on a
substantial number of small entities.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
These proposed supplementary rules are not a ``major rule'' as
defined at 5 U.S.C. 804(2). They would not result in an annual effect
on the economy of $100 million or more, in a major increase in costs or
prices, or in significant adverse effects on competition, employment,
[[Page 61307]]
investment, productivity, innovation, or on the ability of United
States-based enterprises to compete with foreign-based enterprises in
domestic and export markets. They would merely impose reasonable
restrictions on certain recreational activities on certain public lands
to protect natural resources and the environment.
Unfunded Mandates Reform Act
These proposed supplementary rules do not impose an unfunded
mandate on state, local, or Tribal governments, in the aggregate, or
the private sector, of $100 million or more in any one year; nor do
these proposed supplementary rules have a significant or unique effect
on small governments. They would merely impose reasonable restrictions
on certain recreational activities on certain public lands to protect
natural resources and the environment. Therefore, BLM is not required
to prepare a statement containing the information required by the
Unfunded Mandates Reform Act at 2 U.S.C. 1532.
Executive Order 12630, Governmental Actions and Interference With
Constitutionally Protected Property Rights (Takings)
The proposed rule is not government action capable of interfering
with constitutionally protected property rights. It simply contains
rules of access to an environmentally sensitive area. Therefore, the
Department of the Interior has determined that the rule would not cause
a taking of private property or require further discussion of takings
implications under this Executive Order.
Executive Order 13132, Federalism
The proposed rule 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. This rule does not come into conflict
with any state law or regulation. Therefore, in accordance with
Executive Order 13132, BLM has determined that this proposed rule does
not have sufficient Federalism implications to warrant preparation of a
Federalism Assessment.
Executive Order 12988, Civil Justice Reform
Under Executive Order 12988, the Office of the Solicitor has
determined that this proposed rule would not unduly burden the judicial
system and that the requirements of sections 3(a) and 3(b)(2) of the
Order are met.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, we have coordinated with
seven interested Tribes in 2002: the Quechan, Colorado River Indian
Tribes, Fort Mojave Indian Tribe, Cocopah, the eleven Kumeyaay
reservations, the Torres-Martinez Desert Cahuilla, and the Morongo
Band. As part of this consultation, we interviewed tribal elders and
other representatives of these Tribes concerning heritage values at the
dunes. In general, the Tribes favored more law enforcement presence to
enforce cultural laws, Therefore, in accordance with Executive Order
13175, we have found that this rule does not include policies that have
tribal implications.
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 of 1995, 44 U.S.C. 3501 et seq.
Supplementary Rules For the Imperial Sand Dunes Recreation Management
Area
Under 43 CFR 8365.1-6, the Bureau of Land Management will enforce
the following rules on the public lands within the Imperial Sand Dunes
Recreation Management Area, El Centro Field Office, Desert District,
California.
You must follow these rules:
1. No person may enter the Adaptive Management Area within the
Imperial Sand Dunes Recreation Area without a permit issued by the
Bureau of Land Management authorizing such entry. The AMA is clearly
signed warning access only to permit holders. Further language directs
person(s) to a location and telephone number to obtain the required
permit.
2. Entry and use of the area must be during:
a. the specified time period displayed on the permit,
b. October 15 to March 31.
3. In order to obtain a permit the driver of each vehicle and any
individuals walking into the Adaptive Management Area must complete a
short resource conservation program.
4. All AMA permits must be signed by the driver of the vehicle or
each individual who walks in stating that he/she understands the
printed material, including but not limited to the AMA rules and
regulations, and a written test proving knowledge of said rules,
regulations and all stipulations.
5. Each permit will be assigned to a driver, not a vehicle.
6. A permit flag must be placed directly under the vehicle's
existing approved safety flag.
7. With the exception of the microphyll woodlands on the east side
of the management area where no access will be allowed. Permit holders
must access the Adaptive Management Area through the Adaptive
Management Area boundary,
8. Each individual must obey all permit stipulations.
III. Penalties
Under section 303(a) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1733(a)) and 43 CFR 8360.0-7, for violation of
supplementary rules on public lands within the boundaries established
in the rules, you may be tried before a United States Magistrate, fined
no more than $1,000 and/or imprisoned for no more than 12 months. Such
violations may also be subject to the enhanced fines provided for by 18
U.S.C. 3571.
Dated: September 23, 2005.
Mike Pool,
State Director.
[FR Doc. 05-21041 Filed 10-20-05; 8:45 am]
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