Federal Register / Vol. 71, No. 182 / Wednesday, September 20, 2006 / Notices 55009 

or in the request for the documents 

discussed herein. 

FOR FURTHER INFORMATION CONTACT: Pat 

Mehlhop, Regional Safe Harbor 

Coordinator (see Denver address above), 

telephone 303–236–4215, or Larry Crist, 

Acting Utah Field Supervisor (see West 

Valley City address above), telephone 

801–975–3330. 

SUPPLEMENTARY INFORMATION: The UPD 

is the westernmost member of the genus 

Cynomys. The species’ range, which is 

limited to the southwestern quarter of 

Utah, is the most restricted of all prairie 

dog species in the United States. 

Distribution of the UPD has been greatly 

reduced due to disease (plague), 

poisoning, drought, and human-related 

habitat alteration. Protection of this 

species and enhancement of its habitat 

on private land will benefit recovery 

efforts. 

The primary objective of this SHA is 

to encourage voluntary conservation 

measures to benefit the species and the 

landowner. Through this agreement, the 

landowner will receive relief from any 

additional section 9 liability under the 

Act beyond that which exists at the time 

the agreement is signed (‘‘regulatory 

baseline’’). The property is currently 

used as grazing land and cropland and 

is bordered on three sides by private 

lands. At the present time, the property 

supports several active prairie dog 

colonies. Foraging habitat and habitat 

that offers visual surveillance for the 

prairie dogs will be further enhanced for 

the UPD by restoring irrigated cropland 

to perennially-irrigated grazing land, 

and by implementing a prescribed 

grazing plan to increase forage quantity 

and quality. The habitat improvements 

will be maintained throughout the term 

of this agreement through managed 

grazing. The Cooperator will receive an 

ESP that authorizes implementation of 

the conservation actions and other 

provisions of this Agreement and 

authorizes incidental take of the covered 

species above the Cooperator’s baseline 

responsibilities, as defined in the SHA. 

The proposed SHA would become 

effective upon signature of the SHA and 

issuance of the permit, and would 

remain in effect for 15 years. The 

requested permit would remain in effect 

for 35 years. We have made the 

determination that the proposed 

activities described in the application 

and SHA will increase available prairie 

dog habitat and potentially expand 

several colonies of prairie dogs on 

private land. The action is categorically 

excluded under the National 

Environmental Policy Act (NEPA). This 

notice is provided pursuant to the 

NEPA, section 10 of the Act, and the 

Service’s Safe Harbor Policy (64 FR 

32717). 

The Service has evaluated the impacts 

of this action under the NEPA and 

determined that it warrants categorical 

exclusion as described in 516 DM 8, 8.5 

C.(1). The Service will evaluate whether 

the issuance of the ESP complies with 

section 7 of the Act by conducting an 

intra-Service section 7 consultation on 

the issuance of the permit. The result of 

the biological opinion, in combination 

with the above finding and any public 

comments, will be used in the final 

analysis to determine whether or not to 

issue the requested ESP, pursuant to the 

regulations that guide issuance of the 

type of permit. 

Authority: The authority for this action is 

the Endangered Species Act of 1973, as 

amended (16 U.S.C. 1531 et seq.) and the 

National Environmental Policy Act of 1969, 

as amended (42 U.S.C. 4321 et seq.). 

Dated: August 21, 2006. 

James J. Slack, 

Acting Regional Director, Denver, Colorado. 

[FR Doc. E6–15596 Filed 9–19–06; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[UT–050–06–1220–P–PM] 

Notice of Off-Highway Vehicle (OHV) 

Travel Restriction for Factory Butte 

Area, UT 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of Off-Highway Vehicle 

(OHV) travel restriction for motorized 

use in the Factory Butte area, Bureau of 

Land Management, Richfield Field 

Office, Utah. 

SUMMARY: Notice is hereby given that 

effective immediately, the Bureau of 

Land Management (BLM), Richfield 

Field Office, is restricting OHV travel to 

designated routes on 142,023 acres of 

public lands near Caineville, Utah, 

known as the Factory Butte area. This 

restriction does not apply to State or 

private lands located in the area. Within 

the Factory Butte area 2,602 acres 

currently designated as open will 

remain open and 3,843 acres currently 

designated as closed will remain closed 

to OHV travel. The restriction to 

designated routes affects the remaining 

142,023 acres of the area located in 

portions of T. 27 S., R. 6–10 E.; T. 28 

S., R. 7–10 E.; T. 29 S., R. 7 & 8 E.; and 

T. 30 S., R. 7 & 8 E., Salt Lake Meridian. 

The purpose of the restriction is to 

protect threatened and endangered 

species that have been adversely 

impacted or are at risk of being 

adversely impacted by OHV use. This 

restriction will remain in effect until the 

conditions giving rise to the restriction 

have been sufficiently addressed or the 

Richfield Field Office Resource 

Management Plan that is currently being 

prepared is signed by the authorized 

officer and becomes final. 

EFFECTIVE DATE: This notice and the 

OHV restriction are effective 

immediately. 

FOR FURTHER INFORMATION CONTACT: 

Cornell Christensen, Field Office 

Manager, BLM Richfield Field Office, 

150 East 900 North, Richfield, Utah 

84701; Phone 435–896–1500. 

SUPPLEMENTARY INFORMATION: In 1982, 

the Henry Mountains Management 

Framework Plan (MFP) designated the 

majority of public lands in the Factory 

Butte area managed by the BLM’s 

Richfield Field Office as ‘‘open’’ to offroad vehicle (i.e., off-highway vehicle) 

use. An OHV activity area of 640 acres 

was identified where intensive OHV use 

was occurring. However, the 

surrounding areas were also left open to 

cross-country OHV use. Since 1982, 

OHV use has significantly increased 

throughout the Factory Butte area. 

Surveys conducted have noted mortality 

to threatened and endangered plant 

populations from cross-country OHV 

use. Based on this information, BLM’s 

authorized officer has determined that 

OHV use in the area is causing or will 

cause adverse effects to threatened and 

endangered plant species. 

Consequently, OHV use on 142,023 

acres in the Factory Butte area is being 

restricted to designated routes, with 

2,602 acres remaining open to crosscountry OHV use and 3,843 acres 

remaining closed. A map showing the 

affected areas is available for public 

inspection at the BLM’s Richfield Field 

Office at the above address. This map 

may be revised in the future based on 

monitoring of resource conditions and 

trends in the area. OHV use on the 

remainder of the public lands 

administered by BLM’s Richfield Field 

Office will be unchanged and managed 

according to the existing land use plans. 

This restriction order applies to all 

motorized vehicle use with the 

exception of law enforcement and 

emergency operations, administrative 

uses, or other uses authorized by 

regulations. 

Implementation 

A map showing the portions of the 

Factory Butte area affected by this 

restriction is available for public review 

at the BLM’s Richfield Field Office. The 

map shows the OHV designations 


jlentini on PROD1PC65 with NOTICES
55010 Federal Register / Vol. 71, No. 182 / Wednesday, September 20, 2006 / Notices 

within the area and routes open to OHV 

travel. The map may be revised in the 

future based on monitoring of resource 

conditions and trends. Maps and other 

appropriate educational information 

will be posted on kiosks at staging areas. 

Signs will be posted at strategic entry 

locations along the boundaries and on 

the routes designated for use by OHVs. 

Authority: This restriction notice is issued 

under the authority of 43 CFR 8341.2. 

Violations of this restriction are 

punishable by a fine not to exceed 

$1,000 or imprisonment not to exceed 

12 months. 

Persons who are administratively 

exempt from the restrictions contained 

in this notice include: any Federal, State 

or local officer or employee acting 

within the scope of their duties, 

members of any organized rescue or firefighting force in the performance of an 

official duty, and any person holding 

written authorization from the BLM. 

Dated: July 31, 2006. 

Henri R. Bisson, 

Field Office Manager. 

[FR Doc. 06–7973 Filed 9–19–06; 8:45 am] 

BILLING CODE 4310–84–P 

DEPARTMENT OF INTERIOR 

Bureau of Land Management 

[UT–062–06–1220–PM] 

Notice of Supplementary Rules 

Requiring Human Waste Carry-Out for 

White Wash Sand Dunes Area, Moab 

Field Office, UT 

AGENCY: Bureau of Land Management 

(BLM), Interior. 

ACTION: Notice of Interim Final 

Supplementary Rules Requiring Human 

Waste Carry-out for White Wash Sand 

Dunes Area, Moab Field Office, Utah. 

SUMMARY: These interim final 

supplementary rules, applicable to 

specified public lands administered by 

BLM’s Moab Field Office, require the 

possession, set up for usage, and use of 

portable toilets for individuals and 

groups camping on public lands 

administered by the Moab Field Office 

in the White Wash Sand Dunes area of 

Grand County Utah. This action is 

necessary to protect public health and 

maintain public land recreation 

opportunities in the area. 

DATES: These interim final 

supplementary rules are effective 

September 20, 2006 and will remain in 

effect until modified by the authorized 

officer or such time as constructed 

toilets are installed to provide 

reasonable coverage of the geographic 

area. We invite comments until 

November 20, 2006. 

ADDRESSES: Deliver all comments 

concerning the interim final rule by one 

of the following means: 

Mail, personal, or messenger delivery: 

address your comment to the Bureau of 

Land Management, Moab Field Office, 

82 East Dogwood Avenue, Moab, Utah 

84532; Internet: you may access the 

Federal eRulemaking Portal: http:// 

www.regulations.gov; E-mail: you may 

send comments to momail@ut.blm.gov. 

FOR FURTHER INFORMATION CONTACT: 

Russell von Koch, Recreation Branch 

Chief, BLM Moab Field Office, 82 East 

Dogwood Avenue, Moab, Utah 84532, or 

telephone 435–259–2100. 

SUPPLEMENTARY INFORMATION: 

I. Public Comment Procedures 

Written comments on the interim 

final supplementary rules should be 

specific, confined to issues pertinent to 

the interim final supplementary rules, 

and should explain the reason for any 

recommended change. Where possible, 

comments should reference the specific 

section or paragraph of the rules that the 

comment is addressing. BLM need not 

consider or include in the 

Administrative Record for the final 

supplementary rules: (a) Comments that 

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 those listed above (See ADDRESSES). 

You may also access and comment on 

the interim final supplementary rules at 

the Federal eRulemaking Portal by 

following the instructions at that site 

(see ADDRESSES). 

Comments, including names, street 

addresses, and other contact 

information of respondents, will be 

available for public review at the Moab 

Field Office, 82 East Dogwood Avenue, 

Moab, Utah 84532, 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 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, 

businesses, and government agencies, or 

from individuals identifying themselves 

as representatives or officials of such 

entities. 

II. Background and Purpose 

Improper disposal of human body 

waste by recreation visitors to 

undeveloped public lands in the White 

Wash Sand Dunes area near Green 

River, Utah, has produced conditions 

hazardous to public health. Subsequent 

to receiving public complaints, the 

Sanitarian for the Southeastern Utah 

Health Department has requested BLM 

to implement corrective action. 

Problems identified include dumping of 

recreational vehicle holding tanks on 

public roads (an illegal activity under 

both State and Federal law), human 

waste on the ground at camping areas, 

and frequent burying of human waste 

near camping areas. In addition to the 

public health issue, the presence of 

solid human waste impacts the quality 

of recreation opportunities in the White 

Wash Sand Dunes area. The interim 

final supplementary rules are necessary 

to halt ongoing impacts, provide for 

sanitation and public safety, and 

maintain the quality of recreation 

opportunities. 

BLM finds good cause to publish 

these supplementary rules on an interim 

final basis, effective the date of 

publication, because of public health 

and safety concerns within the 

management area. The Moab Field 

Office was contacted on June 14, 2006, 

by the Sanitarian for the Southeastern 

Utah Health Department regarding 

human waste at White Wash Sand 

Dunes. The problems identified by the 

Sanitarian include frequent dumping of 

holding tanks from recreational vehicles 

along the main access road (presumably 

done as people leave the area), human 

waste on the ground at camping areas, 

and the high density of poorly buried 

human waste near camping areas. The 

Health Department has received several 

complaints about this situation. These 

conditions represent an immediate 

threat to human health, and cause a 

continuous nuisance to recreational 

visitors and users of nearby lands. 

III. Procedural Matters 

Executive Order 12866, Regulatory 

Planning and Review 

These interim final supplementary 

rules are not a significant regulatory 

action and are not subject to review by 

the Office of Management and Budget 

under Executive Order 12866. The 

interim final supplementary rules will 

not have an annual effect of $100 

million or more on the economy. They 

are not intended to affect commercial 


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