67344 Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices 

Tribal leasing regulations approved by 

the Federal government pursuant to the 

HEARTH Act. Section 5 of the Indian 

Reorganization Act (IRA), 25 U.S.C. 

5108, preempts State and local taxation 

of permanent improvements on trust 

land. Confederated Tribes of the 

Chehalis Reservation v. Thurston 

County, 724 F.3d 1153, 1157 (9th Cir. 

2013) (citing Mescalero Apache Tribe v. 

Jones, 411 U.S. 145 (1973)). Similarly, 

section 5108 of the IRA preempts State 

taxation of rent payments by a lessee for 

leased trust lands, because ‘‘tax on the 

payment of rent is indistinguishable 

from an impermissible tax on the land.’’ 

See Seminole Tribe of Florida v. 

Stranburg, 799 F.3d 1324, 1331, n.8 

(11th Cir. 2015). In addition, as 

explained in the preamble to the revised 

leasing regulations at 25 CFR part 162, 

Federal courts have applied a balancing 

test to determine whether State and 

local taxation of non-Indians on the 

reservation is preempted. White 

Mountain Apache Tribe v. Bracker, 448 

U.S. 136, 143 (1980). The Bracker 

balancing test, which is conducted 

against a backdrop of ‘‘traditional 

notions of Indian self- government,’’ 

requires a particularized examination of 

the relevant State, Federal, and Tribal 

interests. We hereby adopt the Bracker 

analysis from the preamble to the 

surface leasing regulations, 77 FR at 

72447–48, as supplemented by the 

analysis below. 

The strong Federal and Tribal 

interests against State and local taxation 

of improvements, leaseholds, and 

activities on land leased under the 

Department’s leasing regulations apply 

equally to improvements, leaseholds, 

and activities on land leased pursuant to 

Tribal leasing regulations approved 

under the HEARTH Act. Congress’s 

overarching intent was to ‘‘allow Tribes 

to exercise greater control over their 

own land, support self-determination, 

and eliminate bureaucratic delays that 

stand in the way of homeownership and 

economic development in Tribal 

communities.’’ 158 Cong. Rec. H. 2682 

(May 15, 2012). The HEARTH Act was 

intended to afford Tribes ‘‘flexibility to 

adapt lease terms to suit [their] business 

and cultural needs’’ and to ‘‘enable 

[Tribes] to approve leases quickly and 

efficiently.’’ H. Rep. 112–427 at 6 

(2012). 

Assessment of State and local taxes 

would obstruct these express Federal 

policies supporting Tribal economic 

development and self-determination, 

and also threaten substantial Tribal 

interests in effective Tribal government, 

economic self-sufficiency, and territorial 

autonomy. See Michigan v. Bay Mills 

Indian Community, 572 U.S. 782, 810 

(2014) (Sotomayor, J., concurring) 

(determining that ‘‘[a] key goal of the 

Federal Government is to render Tribes 

more self-sufficient, and better 

positioned to fund their own sovereign 

functions, rather than relying on Federal 

funding’’). The additional costs of State 

and local taxation have a chilling effect 

on potential lessees, as well as on a 

Tribe that, as a result, might refrain from 

exercising its own sovereign right to 

impose a Tribal tax to support its 

infrastructure needs. See id. at 810–11 

(finding that State and local taxes 

greatly discourage Tribes from raising 

tax revenue from the same sources 

because the imposition of double 

taxation would impede Tribal economic 

growth). 

Similar to BIA’s surface leasing 

regulations, Tribal regulations under the 

HEARTH Act pervasively cover all 

aspects of leasing. See 25 U.S.C. 

415(h)(3)(B)(i) (requiring Tribal 

regulations be consistent with BIA 

surface leasing regulations). 

Furthermore, the Federal government 

remains involved in the Tribal land 

leasing process by approving the Tribal 

leasing regulations in the first instance 

and providing technical assistance, 

upon request by a Tribe, for the 

development of an environmental 

review process. The Secretary also 

retains authority to take any necessary 

actions to remedy violations of a lease 

or of the Tribal regulations, including 

terminating the lease or rescinding 

approval of the Tribal regulations and 

reassuming lease approval 

responsibilities. Moreover, the Secretary 

continues to review, approve, and 

monitor individual Indian land leases 

and other types of leases not covered 

under the Tribal regulations according 

to the 25 CFR part 162 regulations. 

Accordingly, the Federal and Tribal 

interests weigh heavily in favor of 

preemption of State and local taxes on 

lease-related activities and interests, 

regardless of whether the lease is 

governed by Tribal leasing regulations 

or 25 CFR part 162. Improvements, 

activities, and leasehold or possessory 

interests may be subject to taxation by 

the Prairie Band Potawatomi Nation. 

Bryan Newland, 

Assistant Secretary—Indian Affairs. 

[FR Doc. 2023–21299 Filed 9–28–23; 8:45 am] 

BILLING CODE 4337–15–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[BLM_CA_FRN_MO4500173171] 

Notice of Availability of the Draft 

Resource Management Plan and 

Environmental Impact Statement for 

the Redding and Arcata Field Offices 

and an Associated Environmental 

Impact Statement, California 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of availability. 

SUMMARY: In accordance with the 

National Environmental Policy Act of 

1969, as amended (NEPA), and the 

Federal Land Policy and Management 

Act of 1976, as amended (FLPMA), the 

Bureau of Land Management (BLM) has 

prepared a Northwest California 

Integrated Draft Resource Management 

Plan and Draft Environmental Impact 

Statement (Draft RMP/EIS) for the 

Redding Field Office and Arcata Field 

Office. By this notice, the BLM is 

providing information announcing the 

opening of the comment period on the 

Draft RMP/EIS and is announcing the 

comment period on the BLM’s proposed 

areas of critical environmental concern 

(ACECs). 

DATES: This notice announces the 

opening of a 90-day comment period for 

the Draft RMP/EIS beginning with the 

date following the Environmental 

Protection Agency’s (EPA) publication 

of its Notice of Availability (NOA) in the 

Federal Register. The EPA usually 

publishes its NOAs on Fridays. 

To afford the BLM the opportunity to 

consider comments in the Proposed 

RMP/Final EIS, please ensure that the 

BLM receives your comments prior to 

the close of the 90-day public comment 

period or 15 days after the last public 

meeting, whichever is later. 

In addition, this notice also 

announces the opening of a concurrent 

60-day comment period for ACECs. The 

BLM must receive your ACEC-related 

comments by November 28, 2023. 

The BLM plans to hold at least one 

virtual and at least two in-person public 

meetings, in Redding and Arcata, 

California during the 90-day public 

comment period. The dates and 

locations of the meetings will be 

announced at least 15 days in advance 

through local media, social media, 

newspaper, and the ePlanning website 

(see ADDRESSES section). 

ADDRESSES: The Draft RMP/EIS is 

available for review on the BLM 

National NEPA Register project website 

at https://eplanning.blm.gov/eplanningui/project/2012803/510. 


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Written comments related to the 

Northwest California Integrated 

Resource Management Plan (NCIP) may 

be submitted by any of the following 

methods: 

• Website: https://eplanning.blm.gov/ 

eplanning-ui/project/2012803/510 

• Email: BLM_CA_Redding_Arcata_

NCIP@blm.gov 

• Mail: NCIP Comments, Bureau of 

Land Management, 1695 Heindon 

Road, Arcata, California 95521–4573 

Documents pertinent to this proposal 

may be examined online at https://

eplanning.blm.gov/eplanning-ui/ 

project/2012803/510 or the Redding or 

Arcata field offices. 

FOR FURTHER INFORMATION CONTACT: 

Victoria Callahan, Planning and 

Environmental Specialist, telephone: 

(707) 825–2315; address: Bureau of 

Land Management, Arcata Field Office, 

1695 Heindon Road, Arcata, California 

95521–4573; email: vslaughter@blm.gov 

or Chad Endicott, Planning and 

Environmental Specialist, telephone: 

(530) 224–2140; address: Bureau of 

Land Management, Redding Field 

Office, 6640 Lockheed Drive, Redding, 

CA 96002–9003; email: cendicott@

blm.gov. 

Individuals in the United States who 

are deaf, deafblind, hard of hearing, or 

have a speech disability may dial 711 

(TTY, TDD, or TeleBraille) to access 

telecommunications relay services for 

contacting Ms. Callahan or Mr. Endicott. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point of 

contact in the United States. 

SUPPLEMENTARY INFORMATION: This 

document provides notice that the BLM 

California State Director has prepared a 

Draft RMP/EIS, provides information 

announcing the opening of the comment 

period on the Draft RMP/EIS, and 

announces the comment period on the 

BLM’s proposed ACECs. The planning 

area is in Mendocino, Humboldt, Del 

Norte, Siskiyou, Trinity, Shasta, 

Tehama, and Butte counties, California, 

and encompasses approximately 

382,200 acres of public land and 

approximately 295,100 subsurface acres 

of Federal mineral estate. 

Current Arcata Field Office and 

Redding Field Office management is 

identified in their respective 1992 and 

1993 RMPs. All existing management as 

described in the Arcata Field Office and 

Redding Field Office approved RMPs 

remains in effect until and unless 

replaced or modified by the Northwest 

California Integrated Resource 

Management Plan Approved RMP and 

Record of Decision. Separate 

management plans guide BLM 

management for National Conservation 

Land units within the planning area. 

Other non-BLM-administered lands 

within the planning area include the Six 

Rivers, Shasta-Trinity, Klamath, Lassen, 

Plumas, and Mendocino National 

Forests; Lassen Volcanic and Redwoods 

National Parks; the Whiskeytown and 

Smith River National Recreation Areas; 

the Sacramento Castle Rock and 

Humboldt Bay National Wildlife 

Refuges; and Black Butte Lake (managed 

by the US Army Corps of Engineers). In 

addition, Tribal lands and reservations 

for 31 federally recognized Native 

American Tribes fall within the 

planning area, and the BLMadministered lands include sacred sites, 

gathering areas, and other places 

important to Tribes. The Bureau of 

Reclamation manages numerous land 

holdings and facilities within the 

planning area, including six 

hydroelectric dams and lands that are 

comanaged with the BLM under a 

memorandum of agreement with the 

Redding Field Office near the Shasta 

Dam and Keswick Reservoir. In addition 

to federally managed lands, there are an 

extensive number of State of Californiamanaged beaches, parks, wildlife areas, 

and recreation areas in the planning 

area. The Arcata Field Office and 

Redding Field Office have taken these 

non-BLM-administered lands into 

account in this planning effort. 

Public comments received during the 

public scoping period held between 

April 29, 2022, and June 28, 2022, were 

reviewed and taken into consideration 

in the development of the Draft RMP/ 

EIS. Additionally, comments submitted 

by other government agencies, public 

organizations, State, and Tribal entities, 

and interested individuals were given 

careful consideration. Public scoping 

efforts enabled the BLM to identify and 

shape significant issues pertaining to 

recreational opportunities, special 

designations, land tenure, cultural 

resources, and other program areas. 

Cooperating agencies were provided the 

opportunity to review and comment on 

the proposed range of alternatives 

during the alternative’s development 

process. A summary of the public 

involvement process and comments 

received can be viewed on the BLM 

National NEPA Register (see 

ADDRESSES). 

Purpose and Need for the Planning 

Effort 

The purpose of and need for the plan 

identified in the sections below 

describes why the BLM is revising the 

existing RMPs and what outcomes the 

BLM intends the new RMP to achieve. 

The purpose and need incorporates 

information identified in past planning 

efforts and supporting analyses, 

including the 1992 Arcata RMP, 1993 

Redding RMP, 2002 Redding RMP plan 

evaluation, 2009 Arcata RMP plan 

evaluation, 2016 initial RMP effort 

(including envisioning and scoping 

public meetings), pre-scoping public 

meetings held in early 2021, and public 

scoping held in 2022. The purpose and 

need helps to define the range of 

alternatives that are analyzed in the 

planning process because alternatives 

are only considered reasonable if they 

respond to the purpose of and need for 

action. 

Need for the Action: The Federal Land 

Policy and Management Act of 1976, as 

amended, establishes the BLM’s 

multiple-use and sustained-yield 

mandate to serve present and future 

generations. To meet this overarching 

mandate, FLPMA requires the BLM to 

‘‘develop, maintain, and, when 

appropriate, revise land use plans’’ (43 

U.S.C. 1712 (a)). Consistent with the 

BLM’s planning regulations, RMPs 

‘‘shall be revised as necessary based on 

monitoring and evaluation findings, 

new data, new or revised policy and 

changes in circumstances affecting the 

entire plan or major portions of the 

plan’’ (43 CFR 1610.5–6). 

Many factors affecting daily 

management decisions faced by the 

Field Offices (FOs) have changed since 

the development of the existing Arcata 

and Redding RMPs. These factors 

include updated special status species 

lists, changes to endangered species 

recovery plans, population growth, 

changes in land tenure, shifting focus 

away from annual quotas for forestry 

and wildfire and fuels management 

programs, larger and higher-intensity 

wildland fires, increasing demand for 

fuels reduction projects, and increases 

in recreational use. Additionally, the 

accelerated pace of climate change and 

related climate impacts (including 

changes in temperature, precipitation, 

and water resources), and higher 

intensity wildland fires within the 

planning area are environmental drivers 

that have also caused management 

decisions to shift since the existing 

RMPs were finalized. Additional 

resource information, changing social 

perspectives, new technologies, and 

federal mandates have also generated 

important justifications for revising 

these preliminary RMPs. 

Arcata and Redding FO RMP Plan 

Evaluations: In 2009, the Redding FO 

and Arcata FO conducted RMP 

evaluations that, with the addition of 

new resource information, changing 

social perspectives, new technologies, 


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and federal mandates, highlighted the 

need for revising the RMPs. The NCIP 

would enable the BLM to guide 

management actions based on up-todate information reflecting current 

public input, changes in policy, 

resource conditions, and development 

trends. The planning issues and 

resources identified in the 2009 

evaluations to be addressed in the NCIP 

include responding to changes in land 

tenure, changes in wilderness 

designations, new species listings, new 

forest pathogens, climate change, sealevel rise, fuels management, wildland 

fire suppression and management, 

human population growth, Tribal 

empowerment, and the need to reassess 

determinations regarding ACECs and 

Special Recreation Management Areas 

(SRMAs). 

Additional Considerations: The need 

for the RMP revisions has remained 

crucial given the recent cumulative 

changes to resource conditions, 

primarily due to catastrophic wildland 

fire within the planning area. 

Incorporating over three decades of 

scientific studies and new management 

approaches into a revised RMP would 

greatly benefit future decision-making 

and bring the FOs’ planning guidance 

into compliance with legislative 

mandates, executive orders, current DOI 

policies, and current land management 

standards. The NCIP would also 

facilitate coordination of the Arcata and 

Redding FOs’ land management with 

that of adjacent public lands managed 

by the US Department of Agriculture 

Forest Service, US Bureau of 

Reclamation, US Fish and Wildlife 

Service, other federal and state agencies, 

and Tribes. 

Purpose of the Action: The purpose of 

the NCIP is to make land use decisions 

to guide the management of BLMmanaged lands within the planning 

area. Planning decisions would integrate 

current law and policies as well as 

current information to resolve primary 

issues identified in the planning area, 

specifically related to increasing human 

population and changing use patterns, 

wilderness management, climate 

change, special status species, and land 

tenure. 

Climate Change, Sea-Level Rise, and 

Ecosystem Resiliency: Climate change 

and sea-level rise will continue to affect 

the planning area. Impacts from rising 

sea levels will affect the management of 

coastal lands within the planning area. 

Coastal dunes that provide a buffer 

against sea-level rise and storm surges 

will change, and coastal lowlands will 

experience novel saltwater intrusion 

and resulting changes in vegetation. 

High-elevation areas in the planning 

area may become increasingly important 

refuge areas for species displaced from 

lower habitats. While projected changes 

in temperature, precipitation, and sealevel rise differ based on modeling 

assumptions, the magnitude of these 

changes is expected to increase during 

implementation of the NCIP. 

By accounting for anticipated climate 

change effects during the planning 

process, the BLM would make 

management decisions that reflect the 

anticipated impacts on vulnerable 

resources to assure that public lands 

and ecosystems are resilient to sea-level 

rise, increasing temperatures, and 

changing precipitation patterns. 

Management would maintain habitat 

connectivity and resiliency, promote 

carbon sequestration by providing for 

the long-term health and productivity of 

vegetation communities, and implement 

best management practices to reduce 

emissions of greenhouse gases for 

authorized activities in accordance with 

regional and state climate goals. 

Additionally, the NCIP would allow the 

BLM to coordinate forestry actions to 

develop treatments that achieve 

silvicultural objectives while 

considering impacts on carbon 

sequestration, acquire land to manage 

for coastal resiliency, reduce or 

eliminate uses that degrade natural 

systems that protect the human 

environment from climate change, and 

contribute to regional habitat and water 

quality monitoring efforts. 

Wildland Fire and Fuels Management: 

Managing for diverse, ecologically 

resilient landscapes and healthy forests 

will be central to adapting to a changing 

climate. Due to drought and abnormally 

warm temperatures, wildfires in 

California have increased in frequency, 

size, and severity, with 8 of the 20 

largest fires in California’s history 

occurring since 2017 and the area 

burned annually by wildfire in 

California increasing since 1950. Fire 

management in the Arcata and Redding 

RMPs does not include current guidance 

or best management practices for 

wildland fire management. During 

public outreach efforts, commenters 

expressed concern related to wildland 

fire risk and requested that fire response 

be considered in the proposed NCIP 

management actions. Public 

commenters highlighted how prescribed 

fire could be used to manage or improve 

landscape conditions, reduce the risk 

and damage from catastrophic wildfires, 

and improve the overall soil and 

ecosystem health of a region. 

The NCIP would emphasize forest and 

vegetation management strategies that 

account for the protection of adjacent 

human values, public use, and public 

safety, while enhancing or maintaining 

ecosystem function and productivity. 

Wildland fire management strategies 

that establish multiple resource-based 

objectives in addition to public, 

infrastructure, and first responder safety 

would improve wildfire outcomes as 

fire occurrence, size, and severity 

increase. Planned treatments, such as 

hazardous fuels reduction through 

mechanical, biological, chemical, or 

manual means, would be identified, 

especially in high-risk or fire-prone 

portions of the planning area. Prescribed 

burning within fire-dependent 

ecosystems would be established as a 

priority management strategy to 

maintain disturbance regimes. To guide 

management decisions, the BLM will 

use the most up-to-date fuels treatment, 

planning, and analysis tools, including 

interagency spatial fire planning 

platforms and decision support tools 

that drive wildfire and fuels 

management planning. 

Promote Recovery of Special Status 

Species: BLM-administered lands 

within the planning area have served as 

important habitat for listed and special 

status plants, fish, and animals. As 

climate change impacts increase and 

development of private lands 

intensifies, the importance of BLMadministered lands for the recovery of 

these species has continually increased 

and will continue to do so during the 

NCIP’s implementation. 

The NCIP is intended to enhance, 

maintain, or protect habitat and 

migration corridors for a range of special 

status species, including species 

identified as threatened and endangered 

under the Endangered Species Act of 

1973 (ESA) and the California 

Endangered Species Act. The NCIP 

would bring management guidance in 

line with certain recovery plan 

recommendations for threatened and 

endangered species. Further, the NCIP 

will promote the recovery of special 

status populations and diminish or 

remove invasive, nonnative species 

through the management and restoration 

of habitats to promote long-term 

recovery of special status species. 

Wilderness Management: The NCIP 

decision area includes approximately 

50,040 acres of designated wilderness 

(approximately 13 percent of the 

decision area), including the Elkhorn 

Ridge (11,120 acres), Yuki (17,150 

acres), South Fork Eel River (13,020 

acres), Yolla Bolly-Middle Eel (8,550 

acres), and Ishi (200 acres) Wilderness 

Areas. Most wilderness areas are 

surrounded by private lands that are 

managed for a variety of uses, including 

industrial forestry, rural development, 

and cannabis production. Preserving 


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wilderness character is a key component 

of wilderness management. Conducting 

wilderness character baseline 

assessments is essential to determine 

whether this goal is met. 

The BLM will also manage wilderness 

study areas to preserve wilderness 

characteristics. The NCIP will provide 

the initial guidance for developing 

Wilderness Management Plans as 

funding becomes available. 

Develop Land Tenure Patterns and 

Access Strategy: Through 

implementation of the existing RMPs 

over the past three decades, the BLM 

has made substantial changes in 

landownership through land tenure 

adjustments, including exchanges, 

acquisitions, and disposals. This change 

in landownership has been effective at 

consolidating BLM-administered lands 

and disposing of scattered parcels. 

Despite the success of these 

adjustments, many scattered parcels still 

exist in the planning area. 

The NCIP will weigh the current land 

tenure adjustment strategies against 

other land tenure adjustment options 

and the needs of other resources, 

resource uses, and Tribal interests. This 

would ensure land tenure adjustment 

actions are in line with current 

management direction, policy, and law. 

The NCIP will identify criteria for 

consideration of lands for retention, 

disposal, and acquisition, and specify 

those parcels that meet the disposal 

criteria. Further, the NCIP will consider 

areas where consolidating BLM 

administration of lands would enhance 

public values, such as conservation of 

important resources, recreation and 

public access, and integration with the 

needs of local communities. 

Provide for a Broad Array of 

Recreation Uses: Increasing human 

populations have also brought a large 

increase in recreation on BLMadministered lands, especially those 

lands near population centers, such as 

Redding, Chico, Eureka, and Arcata. The 

public currently engages in a wide array 

of recreation uses, such as hunting, 

fishing, boating, target shooting, birdwatching, biking, off-highway vehicle 

riding, and car touring. Previous public 

outreach efforts have identified a great 

deal of public interest in maintaining 

existing recreational opportunities and a 

desire for more opportunities (for 

example, hiking, biking, equestrian, and 

off-highway vehicle trails). The BLM 

has also experienced an increase in 

requests for organized events, such as 

races. 

The BLM will manage recreation in 

the NCIP decision area by designating 

SRMAs and Extensive Recreation 

Management Areas (ERMAs). The NCIP 

will provide specific goals for recreation 

outcomes in each recreation 

management area (RMA). The NCIP will 

develop a range of recreation 

management area scenarios in relation 

to other land use allocations and 

management objectives among the 

alternatives, while providing public 

access, promoting public health and 

safety, and minimizing conflicting uses. 

Respond to Increasing Population and 

Changing Use Patterns: Within the 

planning area, the human population 

has grown by 20 to 30 percent in some 

counties over the past three decades. 

With increasing population has come 

increased development near BLMadministered lands. Such development 

and attendant infrastructure have led to 

increased numbers of rights-of-way 

across BLM-administered lands. 

The BLM must balance the increasing 

need for ROWs with protection of 

natural and cultural resources. The 

NCIP would continue to provide for the 

use of BLM-managed lands in 

accordance with applicable laws and 

regulations, manage the public lands in 

support of the goals and objectives of 

other resource programs, and support 

the use and development of adjacent 

private lands, through the issuance of 

ROWs, leases, and permits, where 

appropriate. Land use allocations would 

define resource uses and land 

designations to help resolve conflicts 

between infrastructure and resource 

protection. 

Alternatives Including the Preferred 

Alternative 

The BLM has analyzed four 

alternatives in detail, including the no 

action alternative. Three action 

alternatives (Alternatives B, C, and D) 

were identified based on perceived 

resource use and issues in the planning 

area. Alternative B emphasizes resource 

connectivity and resiliency and has 

been developed to manage for multiple 

use by maintaining corridors of 

relatively undeveloped area to provide 

for connectivity of wildlife and fisheries 

habitat and to serve as a resilient refuge 

from ongoing development and climate 

change. This, in turn, would provide a 

recreational and aesthetic resources for 

public enjoyment. Alternative C 

emphasizes community access and 

development. Alternative C also 

manages for multiple use and public 

enjoyment but emphasizes recreational 

opportunity and access, travel and 

utility opportunities, and social and 

economic benefits. Alternatives B and C 

would manage for multiple use and 

long-term sustainability and provide for 

public use and enjoyment of BLMadministered lands. Alternative D aims 

to create opportunities for resource uses, 

such as recreation, motorized and 

mechanized travel, and livestock 

grazing while maintaining ecological 

function and meeting land capability to 

protect habitat connectivity. 

These alternatives are to be analyzed 

against the No Action Alternative 

(current management, Alternative A) 

and can be refined or combined to 

provide the best mix to meet the 

public’s needs while complying with 

the BLM’s management responsibilities 

and regulatory requirements. The BLM 

further considered one additional 

alternative but dismissed this 

alternative from detailed analysis as 

explained in the Draft RMP/EIS. 

The State Director has identified 

Alternative D as the preferred 

alternative. Alternative D was found to 

best meet the State Director’s planning 

guidance and, therefore, was selected as 

the preferred alternative because it 

attempts to strike a balance between the 

action alternatives to provide 

community access and development 

while ensuring connectivity and 

resilience by including components of 

all alternatives considered. 

Areas of Critical Environmental 

Concern 

Consistent with land use planning 

regulations, 43 CFR 1610.7–2(b), the 

BLM is announcing the opening of a 60- 

day comment period on the ACECs 

proposed for designation in the 

preferred alternative. Comments may be 

submitted using any of the methods 

listed in the ADDRESSES section earlier. 

The proposed ACECs included in the 

preferred alternative are: 

• Upper Burney Dry Lake and Baker 

Cypress, 210 acres, to protect the Rare 

Baker Cypress and mountain vernal 

pool habitat. Visual Resource 

Management (VRM) class III, right-ofway avoidance, off-highway vehicle 

limited (183 acres—Baker Cypress), offhighway vehicle closed (26 acres— 

Upper Burney Dry Lake), closed to 

mineral leasing, closed to mineral 

material development, not available for 

livestock grazing, and work 

cooperatively with surrounding 

landowners to prevent trespass, 

unauthorized grazing, and cross-county 

off-highway vehicle use. 

• Butte Creek, 2,250 acres, to protect 

old-growth reserves and the Northern 

Spotted Owl. VRM class II, right-of-way 

avoidance, off-highway vehicle limited, 

not available for livestock grazing, 

closed to mineral leasing. 

• Deer Creek, 570 acres, to protect the 

scenic qualities of the canyon, to ensure 

the long-term protection of the raptors 

in the area, conserve archaeological 


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resources, and protect ecologically 

intact habitat for wildlife. VRM class II, 

right-of-way avoidance, off-highway 

vehicle limited, closed to mineral 

leasing. 

• Forks of Butte Creek, 2,900 acres, to 

protect scenic values, cultural resources, 

and fisheries. VRM class II, right-of-way 

exclusion, off-highway vehicle limited, 

closed to mineral leasing, withdrawn 

from mineral entry under Public Land 

Order 5329 (270 acres), closed to 

mineral material development, open to 

casual use gold panning, not available 

for livestock grazing, except for 

Helltown parcels which would be 

available, motor vehicle access to the 

day use area would be seasonally 

closed. 

• Gillham Butte, 9,330 acres, to 

protect old-growth reserves. VRM class 

III, rights of way avoidance, off-highway 

vehicle limited, except where closed by 

deed restriction on acquired lands, 

closed to discharge of firearms where 

prohibited by deed restriction on 

acquired lands, closed to mineral 

leasing, closed to mineral material 

development, recommend for 

withdrawal from locatable mineral 

entry, not available for livestock grazing. 

• Hawes Corner, 40 acres, to protect 

communities of slender Orcutt grass 

(Orcuttia tenuis). VRM class III, offhighway vehicle closed, closed to 

mineral leasing, closed to mineral 

material development, not available for 

livestock grazing, work cooperatively 

with surrounding landowners to prevent 

trespass, unauthorized grazing, and 

cross-country off-highway vehicle use. 

• Iaqua Butte, 1,100 acres, to protect 

old-growth reserves. VRM class II, rightof-way avoidance, off-highway vehicle 

limited, closed to mineral leasing, 

recommend for withdrawal from 

locatable mineral entry, closed to 

mineral material development, not 

available for livestock grazing. 

• Lacks Creek, 2,140 acres, to protect 

old-growth reserves. VRM class III, 

right-of-way avoidance, off-highway 

vehicle closed, closed to mineral 

leasing, closed to mineral material 

development except for free use by 

other agencies, not available for 

livestock grazing, seasonal limitations 

on mountain biking would be 

considered as necessary to limit conflict 

and provide for public safety. 

• Ma-le’l Dunes, 206 acres, to protect 

sensitive plant and wetland habitat and 

cultural resources. VRM class II, rightof-way exclusion outside of existing 

rights-of -way, off-highway vehicle 

closed, closed to mineral leasing, 

recommend for withdrawal from 

locatable mineral entry, closed to 

mineral material development, not 

available for livestock grazing, day use 

only, surface disturbing activities would 

only be allowed if they are consistent 

with relevance and importance values 

or in an existing right of way. 

• Sacramento Island, 90 acres, to 

protect rare riparian habitat and 

fisheries. VRM class III, right-of-way 

avoidance, off-highway vehicle closed, 

closed to mineral leasing, closed to 

mineral material development, not 

available for livestock grazing, except 

for target grazing by goats for weed 

control on case-by-case basis, day use 

only, closed to campfires. 

• Sacramento River Bend, 20,420 

acres, to protect cultural resources and 

rare habitats (vernal pools and wetlands 

that support slender Orcutt grass 

[Orcuttia tenuis]). VRM class II, right-ofway exclusion outside of existing rightsof-way, off-highway vehicle limited, 

closed to mineral leasing, closed to 

mineral material development, day use 

only, not available for livestock grazing 

in riparian areas, limit special recreation 

permits and non-special recreation 

permits group uses to minimize 

resource impacts in spring and fall, 

limit target shooting to designated areas. 

• Shasta and Klamath River Canyon, 

1,210 acres, to protect rare and sensitive 

riparian and fisheries habitat values. 

VRM class III, right-of-way avoidance 

outside of existing rights-of-way, offhighway vehicle limited, not available 

for grazing, recommend for withdrawal 

from locatable mineral entry, closed to 

mineral leasing, and closed to mineral 

material development. 

• Swasey Drive, 470 acres, to protect 

cultural resources. VRM class III, rightof-way avoidance, not available for 

livestock grazing, closed to mineral 

material development, closed to mineral 

leasing, existing trails would continue 

to be maintained within the ACEC. 

• Grass Valley, 19,560 acres, to 

protect fragile highly erosive soils, 

reduce sediment delivery to the Trinity 

River, and maintain the important 

stronghold to climate change and 

ecosystem resiliency and diversity. 

Right-of-way avoidance, off-highway 

vehicle limited, VRM class III north of 

State Highway 299, VRM class II south 

of State Highway 299, closed to mineral 

leasing, recommend for withdrawal 

from mineral entry, closed to mineral 

material development, not available for 

livestock grazing, maintain existing 

roads to minimize erosion and 

sedimentation. 

• Upper and Lower Clear Creek, 4,560 

acres, to protect and improve 

anadromous salmonid habitat and the 

scenic values of the Clear Creek canyon. 

VRM class III, right-of-way avoidance, 

off-highway vehicle limited, closed to 

mineral leasing, recommend for 

withdrawal from locatable entry, closed 

to mineral material development, with 

the exception of free use by other 

agencies, not available for livestock 

grazing, limited to day use only, 

prioritize riparian restoration and 

nonnative and invasive species 

management, special recreation permits 

for commercial guided fishing would 

not be issued. 

• Sheep Rock, 1,410 acres, to protect 

irreplaceable scenic, wildlife, historic, 

and cultural values. VRM class II, rightof-way exclusion, off-highway vehicle 

limited, closed to mineral leasing, 

closed to mineral material development, 

unavailable for domestic sheep grazing 

or trailing (only if the U.S. Fish and 

Wildlife Service proposes bighorn sheep 

reintroduction in this area). 

• Black Mountain, 1,100 acres, to 

protect irreplaceable old-growth 

coniferous forest habitat, unique 

geologic features, cultural resources, 

and wildlife. Right-of-way exclusion, 

off-highway vehicle limited, VRM class 

III, closed to mineral leasing, closed to 

mineral material development. 

• Upper Klamath Bench, 90 acres, to 

protect prehistoric and historic 

archaeological resources. Right-of-way 

exclusion, off-highway vehicle closed, 

VRM class III, closed to mineral leasing, 

recommend for withdrawal from 

locatable mineral entry, closed to 

mineral material development, not 

available for livestock grazing, cultural 

sites may be fenced, trespass livestock 

removed to protect the cultural setting. 

• Upper Mattole, 460 acres, to protect 

rare and sensitive riparian and fisheries 

habitat values. Right-of-way avoidance, 

off-highway vehicle limited, VRM class 

III, closed to mineral leasing, closed to 

livestock grazing. 

• Beegum Creek Gorge, 4,380 acres, to 

protect scenic fisheries, wildlife 

resources, ecological intactness, and 

rare and sensitive geological and 

lithological features that support rare 

and endemic serpentine plant species. 

Right-of-way exclusion, off-highway 

vehicle limited, VRM class II, closed to 

mineral leasing, not available for 

livestock grazing, recommend for 

withdrawal from locatable mineral 

entry, closed to mineral material 

development, bulldozer use prohibited 

unless approved by an authorized 

officer. 

• North Fork Eel, 500 acres, to protect 

sensitive geological and lithological 

features, along with fisheries, and 

wildlife resources. Right-of-way 

avoidance, off-highway vehicle closed, 

VRM class II (in Wild and Scenic River 

corridor), VRM class III (remaining 

acres), closed to mineral leasing, closed 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices 67349 

to mineral material development, not 

available for livestock grazing. 

• Willis Ridge, 3,180 acres, to protect 

old-growth reserves, along with fisheries 

and wildlife resources. VRM class III, 

right-of-way avoidance, off-highway 

vehicle limited, closed to mineral 

leasing, and closed to mineral material 

development. 

• South Spit, 630 acres, to protect 

sensitive plant and wetland habitat and 

cultural resources. Right-of-way 

avoidance, off-highway vehicle limited, 

VRM class III, closed to mineral leasing, 

closed to mineral material development, 

day use only. 

• Corning Vernal Pools, 170 acres, to 

protect critical habitat that supports 

threatened and endangered species. 

Right-of-way exclusion, off-highway 

vehicle closed, VRM class III, closed to 

mineral leasing, open to locatable 

mineral entry, closed to mineral 

material development, available to 

livestock grazing if compatible with 

vernal pool ecology and relevant and 

important values. 

• North Table Mountain, 50 acres, to 

protect habitat that supports the rare 

Butte County Golden Clover (Trifolium 

jokerstii). Right-of-way exclusion, offhighway vehicle closed, VRM class III, 

closed to mineral leasing, recommend 

for withdrawal from locatable mineral 

entry, not available for livestock grazing, 

and closed to mineral material 

development. 

More information on management of 

ACECs under the BLM’s preferred 

alternative is available in Chapter 2, 

Table 2–2 and Chapter 3.4.1 of the Draft 

RMP/EIS. 

The preferred alternative would not 

propose the following potential ACECs 

for designation: Swasey Drive Clear 

Creek Greenway and Eden Creek. 

Schedule for the Decision-Making 

Process 

The BLM will provide additional 

opportunities for public participation 

consistent with the NEPA and land use 

planning processes, including a 30-day 

public protest period and a 60-day 

governor’s consistency review on the 

Proposed RMP. The Proposed RMP/ 

Final EIS is anticipated to be available 

for public protest in the late spring of 

2024 with an approved RMP and Record 

of Decision in late summer of 2024. 

The BLM will hold at least one virtual 

and two in-person public meetings, in 

Redding and Arcata, California, on the 

Draft RMP/EIS during the 90-day public 

comment period. The specific date(s) 

and location(s) of these meetings will be 

announced at least 15 days in advance 

through local media, newspapers, and 

the BLM National NEPA Register project 

page (see ADDRESSES). 

The BLM will continue to consult 

with Indian Tribal Nations on a 

government-to-government basis in 

accordance with Executive Order 13175, 

BLM MS 1780, and other Departmental 

policies. Tribal concerns, including 

impacts on Indian trust assets and 

potential impacts to cultural resources, 

will be given due consideration. 

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 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

(Authority: 40 CFR 1506.6, 40 CFR 1506.10, 

43 CFR 1610.2, 43 CFR 1610.7–2) 

Karen E. Mouritsen, 

State Director. 

[FR Doc. 2023–21331 Filed 9–28–23; 8:45 am] 

BILLING CODE 4331–15–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[BLM–OR–FRN–MO4500170483] 

Notice of Withdrawal Extension 

Application and Opportunity for Public 

Comment for the Halliday Fen 

Research Natural Area, Washington 

AGENCY: Bureau of Land Management, 

Department of the Interior. 

ACTION: Notice of withdrawal extension. 

SUMMARY: The United States Department 

of Agriculture, United States Forest 

Service (USFS), has filed an application 

with the Bureau of Land Management 

(BLM) requesting that the Secretary of 

the Interior extend Public Land Order 

(PLO) No. 7614 for an additional 20 

years. PLO No. 7614 withdrew 646.40 

acres of National Forest System land 

from location and entry under the 

United States mining laws for 20 years, 

subject to valid existing rights, to 

protect the Halliday Fen Research 

Natural Area (RNA). This notice advises 

the public of a 90-day opportunity to 

comment on this application for a 

withdrawal extension and to request a 

public meeting. 

DATES: Comments and requests for a 

public meeting must be received by 

December 28, 2023. 

ADDRESSES: All comments and meeting 

requests should be sent to the BLM 

Oregon/Washington State Director, P.O. 

Box 2965, Portland, Oregon 97208. The 

application and case file are available 

for public examination by interested 

persons by appointment at the BLM 

Public Room, 1220 SW 3rd Ave., 11th 

Floor, Portland, Oregon 97208 during 

regular business hours 8:00 a.m. to 4:30 

p.m., Monday through Friday except 

holidays. Please call 503–808–6001 to 

make an appointment. 

FOR FURTHER INFORMATION CONTACT: 

Luke Poff, Realty Specialist, BLM 

Oregon/Washington State Office, (503) 

808–6249, by email at lpoff@blm.gov, or 

at the address noted earlier. The USFS 

can be reached at the Colville National 

Forest Supervisor’s Office, 765 South 

Main St., Colville, Washington 99114, 

(509) 684–7000. Individuals in the 

United States who are deaf, blind, hard 

of hearing, or have a speech disability 

may dial 711 (TTY, TDD, or TeleBraille) 

to access telecommunications relay 

services. Individuals outside the United 

States should use the relay services 

offered within their country to make 

international calls to the point-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: PLO No. 

7614 (69 FR 55448) withdrew 646.40 

acres of National Forest System land in 

the Colville National Forest from 

location and entry under the United 

States mining laws for 20 years, subject 

to valid existing rights, to protect the 

RNA. The RNA preserves the unique 

characteristics, sensitive fauna, 

hydrology, and research values of the 

area, which includes a marl fen, western 

red cedar and western hemlock forests, 

and habitat for a variety of rare plant 

and animal species. The RNA is also 

within the Salmo Priest Grizzly Bear 

Management Unit, which is part of the 

Selkirk Grizzly Bear Recovery Zone in 

Pend Oreille County, Washington. This 

notice also revises the legal land 

description and acreage figure from the 

646.40 acres stated in PLO No. 7614 to 

646.37 acres. Unless further extended, 

the withdrawal will expire on 

September 9, 2024. 

The legal land description and 

acreage figure written in PLO No. 7614 

is revised to reflect the BLM Cadastral 

Survey’s Specification for Descriptions 

of Land. The revised land description 

does not change the footprint of the 

lands withdrawn, which is as follows: 

Colville National Forest 

Willamette Meridian 

T. 40 N., R. 44 E., 

Sec. 31, W1⁄2NE1⁄4, SE1⁄4NE1⁄4, SE1⁄4NW1⁄4, 

E1⁄2SW1⁄4, and NW1⁄4SE1⁄4. 

Together with portions of the following 

lands as specifically identified and described 


lotter on DSK11XQN23PROD with NOTICES1