[Federal Register Volume 65, Number 224 (Monday, November 20, 2000)]
[Notices]
[Pages 69781-69783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29602]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-030-01-1220-PD]


Supplementary Rules for the Silver Saddle Ranch and the Ambrose 
Carson River Natural Area; Carson City, Nevada

AGENCY: Bureau of Land Management, Interior.

ACTION:  Supplementary rules.

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SUMMARY: The Carson City Field Manager establishes these Supplementary 
Rules in support of the Interdisciplinary Management Plan for the 
Silver Saddle Ranch and the Ambrose Carson River Natural Area. In 1997, 
the Bureau of Land Management (BLM) completed a land exchange resulting 
in the transfer of the Silver Saddle Ranch (SSR) in Carson City from 
private to public ownership. The ranch includes residential buildings, 
barns, fences, meadow lands, and sensitive riparian areas along the 
Carson River. In cooperation with the municipality of Carson City, BLM 
has developed a long-term management plan. This plan will provide for 
adequate on-site management and protection of these features, as well 
as for recreational use of the area by the public. The management plan 
addresses both the Silver Saddle Ranch and the Ambrose Carson River 
Natural Area (ACRNA). The ACRNA is managed by the BLM in

[[Page 69782]]

partnership with Carson City through the Carson City Parks and 
Recreation Department to provide recreational access to the Carson 
River. The ACRNA is located on the east side of Carson River 
approximately one and a quarter miles north of SSR. The plan also 
focuses on meshing existing and future management plans for the Prison 
Hill Recreation Area, Pine Nut Mountains and other public lands 
adjacent to the river corridor in Eagle Valley. The plan is consistent 
with provisions of other City plans, including the Carson River Master 
Plan, Carson River Park Master Plan, Bicycle System Plan, and the Eagle 
Valley Trails System Plan.
    These supplementary rules were reviewed by the public in June, 
2000, during the comment period for the final Management Plan for the 
ACRNA and SSR.

ADDRESSES: Mail: Field Office Manager, Carson City Field Office, 5665 
Morgan Mill Road, Carson City, Nevada 89701.
    Personal or messenger delivery: 5665 Morgan Mill Road, Carson City, 
Nevada 89701.
    Internet e-mail: www.nv.blm.gov/carson/default.htm.

FOR FURTHER INFORMATION CONTACT: Chris Miller, Outdoor Recreation 
Planner, or Richard Conrad, Assistant Manager, Non-Renewable Resources, 
Carson City Field Office, 5665 Morgan Mill Road, Carson City, Nevada 
89701. Telephone (775) 885-6000. Persons who use a telecommunications 
device for the deaf (TDD) may call the Federal Information Relay 
Service (FIRS) at 1-800-877-8339, 24 hours a day, 7 days a week.

SUPPLEMENTARY INFORMATION:

I. Lands covered by the supplementary rules

    The public lands affected by these restrictions are described as 
follows:

Mt. Diablo Meridian

T. 15 N., R 20 E.,
     Sec. 11: SE\1/4\
     Sec. 14: E\1/2\
    Excepting therefrom those public lands within these sections 
that lie east of Deer run Road.
     Sec. 22: SE\1/4\SE\1/4\
     Sec. 26: SW\1/4\NE\1/4,\ W\1/2,\ W\1/2\SE\1/4\;
     Sec. 27: NE\1/4\,NE\1/4\SE\1/4\;
     Sec. 35: NW\1/4\NE\1/4\
    Excepting therefrom that portion of the NE\1/4\NE\1/4\NW\1/4\ of 
Section 26 as conveyed to Carson City, and all that portion lying 
below the natural, ordinary high water line of the Carson River.

II. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These supplementary rules are not a significant regulatory action 
and are not subject to review by Office of Management and Budget under 
Executive Order 12866. These supplementary rules will not have an 
effect of $100 million or more on the economy. They are not intended to 
affect commercial activity, but contain rules of conduct for public use 
of certain recreational areas. 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. The supplementary rules do not 
alter the budgetary effects of entitlements, grants, user fees, or loan 
programs or the right or obligations of their recipients; nor do they 
raise novel legal or policy issues.

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 in 
understanding the proposed supplementary rules? How could this 
description be more helpful in making the supplementary rules easier to 
understanding?
    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 an environmental assessment (EA) and has found 
that the proposed supplementary rules would not constitute a major 
Federal action significantly affecting the quality of the human 
environment under section 102(2)(C) of the Environmental Protection Act 
of 1969 (NEPA), 42 U.S.C. 4332(2)(C). The supplementary rules merely 
contain rules of conduct for certain recreational lands in Nevada. 
These rules are designed to protect the environment and the public 
health and safety. A detailed statement under NEPA is not required. BLM 
has placed the EA and the Finding of No Significant Impact (FONSI) 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 submit comments in response to the EA 
and FONSI do so in accordance with the ``Public comment procedure'' 
section above.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act of 1980, as 
amended, 5 U.S.C. 601-612, to ensure that Government regulations do not 
unnecessarily or disproportionately burden small entities. The RFA 
requires a regulatory flexibility analysis if a rule would have a 
significant economic impact, either detrimental or beneficial, on a 
substantial number of small entities. The supplementary rules do not 
pertain specifically to commercial or governmental entities of any 
size, but to public recreational use of specific public lands. 
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 supplementary rules do not constitute a ``major rule'' as 
defined at 5 U.S.C. 804(2). Again, the supplementary rules merely 
contain rules of conduct for recreational use of certain public lands. 
The supplementary rules have no effect on business--commercial or 
industrial--use of the public lands.

Unfunded Mandates Reform Act

    These supplementary rules do not impose an unfunded mandate on 
State, local, or tribal governments or the private sector of more than 
$100 million per year; nor do these proposed supplementary rules have a 
significant or unique effect on State, local, or tribal governments or 
the private sector. The supplementary rules do not require anything of 
State, local, or tribal

[[Page 69783]]

governments. Therefore, BLM is not required to prepare a statement 
containing the information required by the Unfunded Mandates Reform Act 
(2 U.S.C. 1531 et seq.)

Executive Order 12630, Governmental Actions and Interference with 
Constitutionally Protected Property Rights (Takings)

    The supplementary rules do not represent a government action 
capable of interfering with constitutionally protected property rights. 
The supplementary rules do not address property rights in any form, and 
do not cause the impairment of anyone's property rights. Therefore, the 
Department of the Interior has determined that the supplementary rules 
would not cause a taking of private property or require further 
discussion of takings implications under this Executive Order.

Executive Order 13132, Federalism

    The supplementary rules will not have a substantial direct effect 
on the States, on the relationship between the national government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government. The supplementary rules affect land 
in only one State, Nevada, and do not address jurisdictional issues 
involving the State government. Therefore, in accordance with Executive 
Order 13132, BLM has determined that these proposed supplementary rules 
do not have sufficient Federalism implications to warrant preparation 
of a Federalism assessment.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, the Office of the Solicitor has 
determined that these proposed supplementary rules would not unduly 
burden the judicial system and that they meet the requirements of 
sections 3(a) and 3(b)(2) of the Order.

Paperwork Reduction Act

    These proposed supplementary rules do not contain information 
collection requirements that the Office of Management and Budget must 
approve under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

Author

    The principal author of these supplementary rules is Chris Miller 
of the Carson City Field Office, Bureau of Land Management, Department 
of the Interior.
    Under the authority of 43 CFR chapter II, part 8360, sections 
8364.1, 8365, 8365.1-2, and 8365.1-6, the Nevada State Director 
proposes supplemental rules applicable to these areas, to read as 
follows:

Supplementary Rules for the Silver Saddle Ranch and the Ambrose 
Carson River Natural Area

Sec. 1  Motor vehicle rules
    a. You may use motorized vehicles only in parking areas and on 
designated routes of travel.
    b. Motorized vehicles must be equipped with an approved spark 
arrester, as required and specified by 43 CFR 8343.1(c)
Sec. 2  Closed and limited use areas.
    a. You may enter the area of the Silver Saddle Ranch (SSR) west of 
the Carson River only between the posted hours of sunrise to sunset, 
except during special events permitted by the BLM. This restriction 
also applies to SSR lands east of the Carson River and the Ambrose 
Carson River Natural Area (ACRNA) which are open sunrise to sunset.
    b. Except during BLM guided or permitted activities, along the 
river corridor a three quarter (\3/4\) mile long portion of riparian 
area west of the banks of the Carson River at the Silver Saddle Ranch, 
south of the Carson River Park and north of the Mexican Ditch trail, is 
closed to public use in order to protect both wildlife and riparian 
vegetation.
    c. All agricultural fields are closed to the public while in 
farming/grazing operational use.
Sec. 3  Other restrictions on recreation use.
    a. You may ride bicycles, or horses only on designated trails.
    b. West of the Carson River, on the Silver Saddle Ranch, you must 
keep your dog on a leash at all time.
    c. You must remove and properly dispose of any manure created by 
your pets.
    d. To fish, you must possess a valid State of Nevada fishing 
license.
Sec. 4  Prohibited acts.
    You must not:
    a. Drive a motorized vehicle except in parking areas in designated 
routes of travel;
    b. Drive a motorized vehicle not equipped with an approved spark 
arrester;
    c. Enter areas that are closed under Sec. 2 of these supplementary 
rules;
    d. Camp at the ACRNA or at the SSR without a permit from BLM-.
    e. Discharge any firearms, fireworks, or projectiles.
    f. Start or use a campfire without specific BLM authorization. You 
may use portable stoves using gas, kerosene, jellied petroleum, or 
pressurized liquid fuel. Until such time as BLM installs permanent fire 
rings, grates, and/or other appropriate facilities, charcoal fires are 
allowed only if you first obtain a BLM permit.
    g. Ride bicycles or horses except on designated trails;
    h. Allow dogs and other pets to run unrestricted in areas specified 
in Sec. 3b of these supplementary rules;
    i. Fail to remove manure deposited by your pet.
Sec. 5  Penalties.
    Under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1733(a)), any person failing to comply with the supplemental rules 
provided in the notice, may be subject to imprisonment for not more 
than 12 months, or a fine in accordance with the applicable provisions 
of 18 U.S.C. 3571, other penalties in accordance with 43 U.S.C. 1733 or 
both.
Sec. 6  Administrative and emergency use.
    These supplementary rules do not apply to emergency or law 
enforcement personnel, or BLM employees engaged in the performance of 
their official duties.

    Dated: November 3, 2000.
Jean Rivers-Council,
Associate State Director, Nevada.
[FR Doc. 00-29602 Filed 11-17-00; 8:45 am]
BILLING CODE 4310-HC-M