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Federal Register / Vol. 72, No.

217 / Friday, November 9, 2007 / Notices 63625

mineral material sales. The Secretary of their views in writing to the BLM Moab This application will be processed in
the Interior would retain jurisdiction of Field Office Manager, at the address accordance with the regulations set
any prior existing claims, rights, and noted above. forth in 43 CFR 2300.
interests in this land. Comments, including names and (Authority: 43 CFR 2310.3–1)
DATES: Comments must be received on street addresses of respondents, and Dated: November 2, 2007.
or before February 7, 2008. records relating to the proposed land
Selma Sierra,
ADDRESSES: Comments should be sent to transfer will be available for public
State Director.
the Moab Field Office Manager, Bureau review during regular business hours at
the BLM Moab Field Office at the [FR Doc. E7–22010 Filed 11–8–07; 8:45 am]
of Land Management, 82 East Dogwood
Avenue, Moab, Utah 84532. address specified above. Individual BILLING CODE 6450–01–P

FOR FURTHER INFORMATION CONTACT: respondents may request


Mary von Koch, Realty Specialist, Moab confidentiality. Before including your
address, phone number, e-mail address, DEPARTMENT OF THE INTERIOR
Field Office at the above address, 435–
259–2128. or other personal identifying Bureau of Land Management
information in your comment, you
SUPPLEMENTARY INFORMATION: The DOE
should be aware that your entire
has filed an application with the Bureau [NV–025–1220–PC; 8–08807]
comment—including your personal
of Land Management (BLM) requesting
identifying information—may be made Notice of Proposed Supplementary
transfer of the following described land
publicly available at any time. While Rules on Public Land in Nevada
to the DOE, subject to valid existing
you can ask us in your comment to
rights: AGENCY: Bureau of Land Management,
withhold your personal identifying
Salt Lake Meridian information from public review, we Interior.
T. 21 S., R. 19 E., cannot guarantee that we will be able to ACTION: Proposed supplementary rules
Sec. 22, SE1⁄4SE1⁄4SW1⁄4; NE1⁄4SW1⁄4SE1⁄4, do so. for certain public lands managed by the
S1⁄2SW1⁄4SE1⁄4, and SE1⁄4SE1⁄4; Notice is hereby given that an Bureau of Land Management, Black
Sec. 23, S1⁄2NE1⁄4SW1⁄4, S1⁄2NW1⁄4SW1⁄4, opportunity for a public meeting is Rock Desert-High Rock Canyon
and S1⁄2SW1⁄4; afforded in connection with the Emigrant Trails National Conservation
Sec. 26, N1⁄2NW1⁄4, N1⁄2SW1⁄4NW1⁄4, and
proposed land transfer. All interested Area, associated congressionally-
NW1⁄4SE1⁄4NW1⁄4;
Sec. 27, N1⁄2NE1⁄4, SW1⁄4NE1⁄4, persons who desire a public meeting for designated wilderness and other
N1⁄2SE1⁄4NE1⁄4, SW1⁄4SE1⁄4NE1⁄4, the purpose of being heard on the contiguous lands, in Humboldt,
E1⁄2NE1⁄4NW1⁄4, NE1⁄4, and proposed transfer must submit a written Pershing and Washoe counties, Nevada.
E1⁄2SE1⁄4NW1⁄4 request to the BLM Moab Field Office at
the address indicated above within 90 SUMMARY: The Bureau of Land
The area described contains 500 acres in
Grand County. days from the date of publication of this Management (BLM) Winnemucca Field
notice. If the authorized officer Office, Nevada, and Surprise Field
The purpose of the proposed land Office, California, are proposing
transfer is to protect public health and determines that a public meeting will be
held, a notice of the time and place will supplementary rules for the Black Rock
safety by permanently transferring the Desert-High Rock Canyon Emigrant
land to the DOE to be used for the be published in the Federal Register at
least 30 days before the scheduled date Trails National Conservation Area
disposal of the Moab Mill Site uranium (NCA), associated designated
mill tailings. The land would become a of the meeting.
There are no suitable alternatives. A wilderness, and other contiguous lands
United States Nuclear Regulatory as identified in the Resource
Commission licensed disposal site for right-of-way, interagency, or cooperative
agreement would not permanently Management Plan (RMP) and Record of
permanent custody and care of uranium Decision. The rules are needed in order
byproduct materials. The Uranium Mill transfer the land to the DOE as directed
by the Uranium Mill Tailings Radiation to protect the area’s natural and cultural
Tailings Radiation Control Act of 1978 resources and provide for public health
(42 U.S.C. 7916 (2000)), as amended, Control Act, and they would not
adequately constrain nondiscretionary and safety on public lands. These rules
designates the DOE as the custodial do not propose or implement any land
agency. uses that could adversely affect public
health and safety. use limitation or restrictions other than
The land proposed for transfer is those limitations or restrictions
located within a temporary withdrawal Under the Uranium Mill Tailings
Radiation Control Act, the DOE included within the decisions in the
created by Public Land Order No. 7649 RMP or allowed for by existing law or
and is therefore currently closed to permanently acquires a disposal site for
perpetual surveillance and regulation.
mining and mineral leasing.
The oil and gas portion of the mineral maintenance. The Secretary of the DATES: Comments on the proposed
estate would be reserved to the Interior would retain the authority to supplementary rules must be received
Secretary of the Interior. administer any existing claims, rights, or postmarked by December 10, 2007 to
As a result of the transfer, except for and interests in this land that were be assured consideration. In developing
oil and gas leasing, the land would no established before the effective date of final supplementary rules, BLM need
longer be subject to the general land the land transfer. not consider comments postmarked or
laws, including the United States Prior to selecting the Crescent received in person or by electronic mail
mining laws, other mineral or Junction Uranium Mill Tailings after this date.
geothermal leasing, and mineral Repository site, all potential sites within ADDRESSES: Bureau of Land
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material sales. a reasonable vicinity of the Moab Mill Management, Winnemucca Field Office,
For a period of 90 days from the date Site were evaluated. In addition to site Attn: Dave Cooper, 1500 E.
of publication of this notice, all persons suitability studies, extensive Winnemucca Blvd., Winnemucca, NV
who wish to submit comments, opportunity for input was afforded to 89445–2921.
suggestions, or objections in connection government agencies and the general Internet e-mail:
with the proposed action may present public. dave_cooper@nv.blm.gov.

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63626 Federal Register / Vol. 72, No. 217 / Friday, November 9, 2007 / Notices

FOR FURTHER INFORMATION CONTACT: associated wilderness, and other Clarity of the Supplementary Rules
Dave Cooper, NCA Manager, contiguous lands as set forth in the Executive Order 12866 requires each
Winnemucca Field Office, 1500 E. RMP. BLM has determined these rules agency to write regulations that are
Winnemucca Blvd., Winnemucca, NV to be necessary to protect the area’s simple and easy to understand. We
89445–2921, telephone 775–623–1500. natural and cultural resources, to invite your comments on how to make
SUPPLEMENTARY INFORMATION: provide for public health and safety, these proposed supplementary rules
I. Procedures for Submitting Comments reduce user conflict, enhance the easier to understand, including answers
experience of the visitor, and reduce the to questions such as the following: (1)
Comments on the proposed potential for damage to the Are the requirements in the proposed
supplementary rules should be specific, environment. These rules do not supplementary rules clearly stated? (2)
should be confined to issues pertinent propose or implement any land use Do the proposed supplementary rules
to the proposed supplementary rules limitations or restrictions other than
and should explain the reason for any contain technical language or jargon that
those limitations or restrictions interferes with their clarity? (3) Does the
recommended change. Where possible, included within the decisions in the
comments should reference the specific format of the proposed supplementary
RMP or allowed for by existing law or rules (grouping and order of sections,
section or paragraph of the proposal
regulation. use of headings, paragraphing, etc.) aid
addressed. Comments received after the
close of the comment period (see DATES) Some of the proposed supplementary or reduce their clarity? (4) Would the
or delivered to an address other than rules make reference to designated supplementary rules be easier to
those listed above (see ADDRESSES) may camping areas, routes and trails, understand if they were divided into
not be considered or included in the management zones, etc. Those more (but shorter) sections? (5) Is the
administrative record for the final rule. designations were developed as part of description of the proposed
Before including your address, phone the collaborative resource management supplementary rules in the
number, e-mail address, or other planning process for the NCA, and SUPPLEMENTARY INFORMATION section of
personal identifying information in your associated wilderness, and other this preamble helpful to your
comment, you should be aware that contiguous lands in Nevada, which understanding of the proposed
your entire comment—including your resulted in adoption of the plan in July supplementary rules? How could this
personal identifying information—may 2004. A map showing the lands to description be more helpful in making
be made publicly available at any time. which these proposed supplementary the proposed supplementary rules easier
While you can ask us in your comment to understand?
rules will apply, all lands within the
to withhold your personal identifying Please send any comments you have
planning area, can be found in the RMP
information from public review, we on the clarity of the supplementary
at Section 1.3 and as shown at Map 1.1,
cannot guarantee that we will be able to rules to the address specified in the
or can be obtained at the address listed
do so. ADDRESSES section.
above.
II. Background National Environmental Policy Act
IV. Procedural Matters
The Black Rock Desert-High Rock BLM prepared an environmental
Canyon Emigrant Trails National Executive Order 12866, Regulatory impact statement as part of the
Conservation Area and associated Planning and Review development of the RMP. During that
wilderness was created by Congress on National Environmental Policy Act
These proposed supplementary rules
December 21, 2000 (Pub. L. 106–554). process, many proposed decisions were
are not a significant regulatory action fully analyzed, including the rules that
BLM has already completed
and are not subject to review by Office will be made enforceable by
substantial public participation and
of Management and Budget under implementation of each of these
coordination during the development of
Executive Order 12866. These proposed supplemental rules. These rules were
the collaborative RMP for the NCA,
supplementary rules will not have an analyzed in Chapter 2, Alternatives, of
associated wilderness, and other
contiguous lands in Nevada. This public annual effect of $100 million or more on the Proposed Resource Management
participation included the following: the economy. They will not adversely Plan and Final Environmental Impact
Eight scoping and collaborative affect in a material way the economy, Statement for the Black Rock Desert-
planning workshops; five public productivity, competition, jobs, High Rock Canyon Emigrant Trails
comment meetings; ten Resource environment, public health or safety, or National Conservation Area (NCA) and
Advisory Council subgroup meetings; state, local, or tribal governments or Associated Wilderness, and Other
six meetings with the State of Nevada communities. These proposed Contiguous Lands in Nevada published
Black Rock Planning team; eight tribal supplementary rules will not create a in September 2003. The Record of
consultation meetings with six different serious inconsistency or otherwise Decision for the RMP was signed by the
Indian tribes; and receipt and analysis interfere with an action taken or BLM State Directors of Nevada and
of some 4,529 comments. Therefore, planned by another agency. These California on July 15, 2004. These
BLM is limiting the public comment proposed supplementary rules do not supplementary rules provide for
period for these proposed alter the budgetary effects of enforcement of plan decisions. The
supplementary rules to 30 days as a entitlements, grants, user fees, or loan rationale for the decisions made in the
result of this extensive outreach. programs or the rights or obligations of plan is fully covered in the EIS. The EIS
their recipients; nor do they raise novel is available for review in the BLM
III. Discussion of Proposed legal or policy issues. They impose rules administrative record at the address
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Supplementary Rules of conduct and impose other limitations specified in the ADDRESSES section.
These supplementary rules will apply on certain recreational activities within
to the public lands within the boundary the NCA, associated wilderness, and Regulatory Flexibility Act
of the planning area for the Black Rock other contiguous lands in Nevada to Congress enacted the Regulatory
Desert-High Rock Canyon Emigrant protect natural and cultural resources Flexibility Act of 1980 (RFA), as
Trails National Conservation Area, and human health and safety. amended, 5 U.S.C. 601–612, to ensure

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Federal Register / Vol. 72, No. 217 / Friday, November 9, 2007 / Notices 63627

that government regulations do not protected property rights. The proposed Proposed Supplementary Rules for the
unnecessarily or disproportionately supplementary rules would have no Black Rock Desert—High Rock Canyon
burden small entities. The RFA requires effect on private lands or property, other Emigrant Trails National Conservation
a regulatory flexibility analysis if a rule than property that is abandoned. Area and Associated Wilderness, and
would have a significant economic Therefore, the BLM has determined that Other Contiguous Lands in Nevada
impact, either detrimental or beneficial, the rule would not cause a taking of Under 43 CFR 8365.1–6, the Bureau of
on a substantial number of small private property or require preparation Land Management proposes to establish
entities. These proposed supplementary of a takings assessment under this the following rules on all public lands
rules should have little or no economic Executive Order. within the RMP boundary as shown in
effect on entities of whatever size. They
Executive Order 13132, Federalism the RMP at Section 1.3 and as shown at
would impose reasonable restrictions on
Map 1.1, RMP Reference Map.
certain recreational activities in the The proposed supplementary rules
NCA, associated wilderness and would not have a substantial direct Section 1, Prohibited Acts/Rules
contiguous lands to protect natural and effect on the states, on the relationship 1. Unless otherwise prohibited, you
cultural resources, the environment, and between the national government and may pull off designated roads and trails
human health and safety. Therefore, the states, or on the distribution of a maximum of 50 feet from the center
BLM has determined under the RFA of the road/trail for parking or camping
power and responsibilities among the
that these proposed supplementary if damage to vegetation will be minimal
various levels of government. The
rules do not require preparation of a
proposed supplementary rules would and new parallel roads will not be
regulatory flexibility analysis.
have little or no effect on state or local created.
Small Business Regulatory Enforcement government. Therefore, in accordance 2. You must not possess, destroy,
Fairness Act (SBREFA) with Executive Order 13132, BLM has deface, dig, or remove petrified wood,
These proposed supplementary rules determined that these proposed common invertebrate fossils, rocks or
are not a ‘‘major rule’’ as defined at 5 supplementary rules do not have minerals without a permit in an area
U.S.C. 804(2). They would not result in sufficient Federalism implications to otherwise closed to collecting these
an annual effect on the economy of $100 warrant preparation of a Federalism resources.
million or more, in a major increase in Assessment. 3. You must not collect petrified
costs or prices, or in significant adverse wood, common invertebrate fossils,
Executive Order 12988, Civil Justice rocks or minerals with motorized
effects on competition, employment, Reform
investment, productivity, innovation, or equipment.
on the ability of United States-based Under Executive Order 12988, BLM 4. You must not collect more than 25
enterprises to compete with foreign- determined that these proposed pounds per day plus one piece, with a
based enterprises in domestic and supplementary rules would not unduly maximum collection of 250 pounds per
export markets. They would merely burden the judicial system and that they year, of petrified wood. Similar limits
impose reasonable restrictions on meet the requirements of sections 3(a) apply to each of the following: Common
certain recreational activities in the and 3(b)(2) of the Order. invertebrate fossils, rocks, and minerals.
NCA, associated wilderness and 5. You must not rock climb within the
Executive Order 13175, Consultation boundaries of the High Rock Canyon
contiguous lands to protect natural and and Coordination with Indian Tribal
cultural resources, the environment, and Area of Critical Environmental Concern
Governments: These supplementary (ACEC).
human health and safety. rules provide for enforcement of 6. You must not camp with a vehicle
Unfunded Mandates Reform Act decisions adopted in the Record of anywhere other than in designated sites
Decision and thoroughly analyzed in the in the following areas: High Rock
These proposed supplementary rules
EIS prepared for the Black Rock Desert- Canyon ACEC, the Lahontan Cutthroat
do not impose an unfunded mandate on
High Rock Canyon Emigrant Trails Trout Area, Class A and B trail segments
state, local, or tribal governments, in the
National Conservation Area associated of the Emigrant Trails, Stevens Camp,
aggregate, or the private sector, of more
wilderness, and other contiguous lands Trego Hot Springs, Massacre Ranch and
than $100 million per year. The
in Nevada. During preparation of the Mud Meadows areas, and the Front
proposed supplementary rules also
EIS, government-to-government Country Management zone with the
would not have a significant or unique
consultation was conducted with the six exception of the Black Rock Desert
effect on small governments. They
tribal governments with interests in the playa.
would impose reasonable restrictions on
affected area. None of these tribal 7. You must not build, maintain or
certain recreational activities in the
governments expressed concerns use a campfire on the Black Rock Desert
NCA, associated wilderness, and
regarding the decisions the proposed playa or adjacent dune areas without the
contiguous lands to protect natural and
supplementary rules are designed to use of a surface protecting device.
cultural resources, the environment and
enforce. Therefore, in accordance with 8. You must not camp outside
human health and safety. Therefore,
Executive Order 13175, BLM has found designated sites within the Soldier
BLM is not required to prepare a
that these proposed supplementary Meadows ACEC.
statement containing the information
rules do not include policies that have 9. You must not camp within 100
required by the Unfunded Mandates
tribal implications. yards of a water hole in such a manner
Reform Act (2 U.S.C. 1532 et seq.).
Paperwork Reduction Act that wildlife or domestic stock will be
Executive Order 12630, Governmental denied access to such water hole, unless
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Actions and Interference with These proposed supplementary rules campsites are designated by BLM within
Constitutionally Protected Property do not contain information collection this 100-yard area.
Rights (Takings) requirements that the Office of 10. An authorization by the
The proposed supplementary rules Management and Budget must approve authorized officer, whether by permit or
are not a government action capable of under the Paperwork Reduction Act of other written means to use public lands
interfering with constitutionally 1995, 44 U.S.C. 3501 et seq. in the NCA, associated wilderness, and

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63628 Federal Register / Vol. 72, No. 217 / Friday, November 9, 2007 / Notices

other contiguous lands, may contain Wilderness zone—Those lands that DEPARTMENT OF THE INTERIOR
reasonable restrictions necessary to are intended to provide an
preserve and protect public lands and undeveloped, primitive, and self- Bureau of Reclamation
their resources, and to minimize directed visitor experience without
interference with and inconvenience to motorized or mechanized access and California Bay-Delta Public Advisory
other visitors. You must follow the where facilities are nonexistent. Committee Public Meeting
terms, conditions, and stipulations of Motorized equipment—Any machine AGENCY: Bureau of Reclamation,
your authorization. that uses or is activated by a motor, Interior.
Section 2, Definitions engine, or other non-living power ACTION: Notice of meeting.
source.
Camping—Erecting a tent or a shelter
Motorized vehicle—Any vehicle that SUMMARY: In accordance with the
of natural or synthetic material,
is self-propelled by a non-living power Federal Advisory Committee Act, the
preparing a sleeping bag or other
source, including electric power, but not California Bay-Delta Public Advisory
bedding material for use, or parking of
operated upon rails or upon water. Committee (Committee) will meet on
a motor vehicle, motor home, or trailer
December 13, 2007. This meeting will
for overnight occupancy. Rock climbing—Ascending or
Common invertebrate fossil—Any be held jointly with the California Bay-
descending a rock face using rope and
fossilized marine life form without a Delta Authority. The agenda for the joint
devices such as pitons, bolts, chocks,
spinal column, including snails, corals, meeting will include discussions with
camming devices, webbing, etc.
diatoms, fusulinds, and clams. State and Federal agency representatives
Surface protecting device—A device on CALFED End of Stage 1 decisions
Designated site—Specific location
to prevent campfires from coming into and planning for Stage 2 actions for the
identified by BLM for camping or other
direct contact with the ground surface, CALFED Bay-Delta Program (Program);
purposes.
Designated roads and trails—Roads such as an elevated platform, open grill, and approval of the 2007 Statement of
and trails open to motorized vehicle use fire blanket, or fire pan. No scars should Program Accomplishments and
and identified on a map of designated be visible after the fire has been Progress, and the 2008 Program Plans.
roads and trails that is maintained and extinguished. The meeting will also include reports
available for public inspection at the Vehicle—Every device in, upon, or by from the Lead Scientist and the
Winnemucca Field Office, Winnemucca, which a person or property is or may be Independent Science Board, along with
Nevada and the Surprise Field Office, transported or drawn on land, except updates on Delta Vision, Delta Risk
Cedarville, California. Designated roads devices used exclusively upon Management Strategy, Bay-Delta
and motorized trails are open to public stationary rails or track. Conservation Plan, Program
use in accordance with such limits and Vehicle camping—Parking of a motor Performance and Tracking, Performance
restrictions as are or may be specified in vehicle, motor home, or trailer for the Measures, and an Environmental Justice
the RMP or in future decisions purpose of overnight occupancy within Framework.
implementing the RMP. However, any one-fourth mile of the parked vehicle, DATES: The meeting will be held on
road or trail with any restrictive signing motor home, or trailer. Thursday, December 13, 2007, from 9
or physical barrier, including gates, Water hole—Any spring, seep, or a.m. to 4 p.m. If reasonable
posts, branches, or rocks intended to other water source used by wildlife or accommodation is needed due to a
prevent use of the road or trail is not a domestic stock. disability, please contact Colleen Kirtlan
designated motorized road or motorized at (916) 445–5511 or TDD (800) 735–
trail. Penalties 2929 at least 1 week prior to the
Management zone—The three meeting.
Under section 303(a) of the Federal
administrative designations into which ADDRESSES: The meeting will be held at
Land Policy and Management Act of
the NCA, associated wilderness, and the Sacramento Convention Center,
1976, 43 U.S.C. 1733(a) and 43 CFR
contiguous lands have been divided for Room 202, located at 1400 J Street,
8360.0–7 and 8365.1–6, violation of any
management purposes as depicted on Sacramento, California.
of these supplementary rules on public
the Visitor Use Management Zones Map
lands within the boundaries established FOR FURTHER INFORMATION CONTACT:
(RMP, map 2–13). Each management
in the rules, may result in a trial before Diane Buzzard, U.S. Bureau of
zone has a unique set of objectives and
a United States Magistrate and may be Reclamation, at 916–978–5022 or Julie
management decisions as described
punishable by a fine of no more than Alvis, California Bay-Delta Program, at
below.
Front country zone—A management $1,000, or imprisonment for no more 916–445–5511.
zone encompassing those lands that are than 12 months, or both. Such SUPPLEMENTARY INFORMATION: The
intended to be the focal point for violations may also be subject to the Committee was established to provide
visitation where visitor enhanced fines provided by 18 U.S.C. advice and recommendations to the
accommodations would be made to 3571(b)(5). Secretary of the Interior on
provide primary interpretation, Dated: July 2, 2007. implementation of the CALFED Bay-
overlooks, trails, and associated Ron Wenker, Delta Program. The Committee makes
facilities necessary to highlight BLM State Director, Nevada. recommendations on annual priorities,
resources and features of the NCA. Dated: July 16, 2007. integration of the eleven Program
Rustic zone—Those lands that are Mike Pool,
elements, and overall balancing of the
intended to provide an undeveloped, four Program objectives of ecosystem
BLM State Director, California.
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primitive, and self-directed visitor restoration, water quality, levee system


experience while accommodating Editorial Note: This document was integrity, and water supply reliability.
motorized and mechanized access on received at the Office of the Federal Register The Program is a consortium of State
designated routes, and where facilities on November 6, 2007. and Federal agencies with the mission
are rare and provided only where [FR Doc. E7–22001 Filed 11–8–07; 8:45 am] to develop and implement a long-term
essential for resource protection. BILLING CODE 4310–HC–P comprehensive plan that will restore

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