Federal Register / Vol. 70, No. 203 / Friday, October 21, 2005 / Notices 61305 

Management Act of 1976, 43 U.S.C. 

1714 (2000), it is ordered as follows: 

1. The Secretarial Orders of July 26, 

1906, and February 11, 1910, as 

amended, which withdrew public lands, 

National Forest System lands, and 

private lands with federally-reserved 

mineral interests in Colorado to protect 

the coal reserves, are hereby revoked in 

their entireties. 

2. The Executive Orders of October 

10, 1906, July 7, 1910 (Colorado No. 1), 

September 2, 1910 (Colorado No. 2), 

September 14, 1910 (Colorado No. 4), 

January 14, 1911 (Colorado No. 6), 

January 28, 1911 (Colorado No. 7), 

December 16, 1911 (Colorado No. 8), 

December 16, 1911 (Colorado No. 9), 

May 28, 1912 (Colorado No. 10), March 

17, 1913 (Colorado No. 11), January 24, 

1914 (Colorado No. 12), October 14, 

1915 (Colorado No. 13), and July 16, 

1918 (No. 2915), as amended, which 

withdrew public lands, National Forest 

System lands, and private lands with 

federally-reserved mineral interests to 

protect the coal reserves, are hereby 

revoked in their entireties. 

3. The Executive Orders of October 

12, 1910 (Colorado No. 5) and October 

13, 1910 (Colorado No. 4), which 

withdrew public lands, National Forest 

System lands, and private lands with 

federally-reserved mineral interests to 

protect coal reserves, are hereby revoked 

only insofar as they affect lands in 

Colorado. 

The lands referenced in Paragraphs 1, 

2, and 3 aggregate approximately 

1,189,600 acres in Adams, Arapahoe, 

Archuleta, Boulder, Chaffee, Costilla, 

Delta, Denver, Douglas, Elbert, El Paso, 

Freemont, Garfield, Grand, Gunnison, 

Huerfano, Jackson, Jefferson, La Plata, 

Larimer, Lincoln, Los Animas, Mesa, 

Moffat, Montezuma, Montrose, Morgan, 

Ouray, Park, Pitkin, Pueblo, Rio Blanco, 

Routt, Saguache, Summit, and Weld 

Counties, and in the Grand Mesa, 

Gunnison, Routt, White River, and 

Uncompahgre National Forests. Copies 

of the withdrawal orders are available in 

the Colorado State Office at the address 

shown above. 

4. At 9 a.m. on November 21, 2005, 

the public lands and interest in lands 

identified in Paragraphs 1, 2, and 3 will 

be opened to the operation of the public 

land laws generally, subject to valid 

existing rights, the provisions of existing 

withdrawals, other segregations of 

record, and the requirements of 

applicable law. All valid applications 

received at or after 9 a.m. on November 

21, 2005, shall be considered as 

simultaneously filed at that time. Those 

received thereafter shall be considered 

in the order of filing. 

5. At 9 a.m. on November 21, 2005, 

the National Forest System lands, the 

public lands, and the lands with 

federally-reserved mineral interests 

referenced in Paragraphs 1, 2, and 3 will 

be opened to nonmetalliferous location 

and entry under the United States 

mining laws, subject to valid existing 

rights, the provisions of existing 

withdrawals, other segregations of 

record, and the requirements of 

applicable law. Appropriation of any of 

the lands described in this order under 

the general mining laws prior to the date 

and time of restoration is unauthorized. 

Any such attempted appropriation, 

including attempted adverse possession 

under 30 U.S.C. 38 (2000), shall vest no 

rights against the United States. Acts 

required to establish a location and to 

initiate a right of possession are 

governed by State law where not in 

conflict with Federal law. The Bureau of 

Land Management will not intervene in 

disputes between rival locators over 

possessory rights since Congress has 

provided for such determination in local 

courts. 

6. At 9 a.m. on November 21, 2005, 

the National Forest System lands 

identified in Paragraphs 1, 2, and 3 shall 

be opened to such forms of disposition 

as may by law be authorized on 

National Forest System lands, subject to 

valid existing rights, the provisions of 

existing withdrawals, other segregations 

of record, and the requirements of 

applicable law. 

Dated: September 29, 2005. 

Rebecca W. Watson, 

Assistant Secretary—Land and Minerals 

Management. 

[FR Doc. 05–21040 Filed 10–20–05; 8:45 am] 

BILLING CODE 4310–JB–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[CA 670 1232 FH] 

Proposed Supplementary Rules on 

Public Land in California 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of proposed 

supplementary rules. 

SUMMARY: This notice contains proposed 

supplementary rules which will apply 

to the public lands within the Adaptive 

Management Area (AMA) in the 

Imperial Sand Dunes Recreation Area 

(ISDRA) managed by the El Centro Field 

Office in Imperial County, California. 

This action is necessary in order to 

maintain viable populations of all native 

species, maintain habitat connectivity, 

and provide high quality, unique, 

world-class, day-use, semi-primitive, 

motorized recreation opportunities for 

off-highway vehicle (OHV) activities 

and non-vehicular recreational activities 

throughout the Adaptive Management 

Area and Imperial Sand Dunes 

Recreation Area. We intend the 

supplementary rules to allow the 

Bureau of Land Management (BLM) to 

manage AMA area in order to provide 

recreational opportunities while 

allowing for the conservation of habitat 

and plants and species of concern. 

DATES: You should submit your 

comments by November 21, 2005. 

ADDRESSES: You may submit comments, 

identified with the subject line ‘‘AMA 

Supplementary Rule,’’ by any of the 

following methods: 

• E-mail: rleloup@ca.blm.gov. Include 

AMA Supplementary Rule in the subject 

line of the message. 

• Fax: 760–337–4490, Attn: Chief 

Ranger Ray LeLoup. 

• Mail: Bureau of Land Management, 

El Centro Field Office, 1661 S. 4th 

Street, El Centro, CA 92243, Attn: Chief 

Ranger Ray LeLoup. 

• Hand Delivery / Courier: 1661 

South 4th St., El Centro, CA 92243. 

FOR FURTHER INFORMATION CONTACT: 

Chief Ranger Ray LeLoup, 760–337–

4475. 

SUPPLEMENTARY INFORMATION: 

I. Procedures for Submitting Comments 

II. Background 

III. Discussion of the Supplementary Rules 

IV. Procedural Matters 

I. Procedures for Submitting Comments 

Written comments on the proposed 

rule should be specific, confined to 

issues pertinent to the proposed rule, 

and should explain the reason for any 

recommended change. Where possible, 

comments should reference the specific 

section or paragraph of the proposal that 

you are addressing. BLM need not 

consider or include in the 

Administrative Record for the final rule 

comments which BLM receives after the 

close of the comment period (See DATES) 

or comments delivered to an address 

other than those listed above (See 

ADDRESSES). 

Comments, including names, street 

addresses, and other contact 

information of respondents, will be 

available for public review at 1661 S. 

4th St., El Centro, CA 92243 during 

regular business hours (7:45 a.m. to 3:45 

p.m.), Monday through Friday, except 

Federal holidays. Individual 

respondents may request 

confidentiality. If you wish to request 

that BLM consider withholding your 

name, street address, and other contact 

61306 Federal Register / Vol. 70, No. 203 / Friday, October 21, 2005 / Notices 

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-bycase basis to the extent allowed by law. 

BLM will make available for public 

inspection in their entirety all 

submissions from organizations or 

businesses, and from individuals 

identifying themselves as 

representatives or officials of 

organizations or businesses. 

II. Background 

The Adaptive Management Area was 

created in the 2003 Imperial Sand 

Dunes Recreation Area Management 

Plan. The Adaptive Management Area is 

located within the Imperial Sand Dunes 

Recreation Area in the following 

described sections: 

San Bernardino Meridian 

T. 14 S., R. 18 E., sec. 58; 

T. 14 S., R. 19 E., secs. 31 to 35 inclusive; 

T. 15 S., R. 18 E., sec. 1 and sec. 12; 

T. 15 S., R. 19 E., secs. 1 to 15 inclusive; 

secs. 17 and 18; secs. 20 to 28 inclusive; 

secs. 34 to 59 inclusive; 

T. 15 S., R. 20 E., sec. 7; secs. 17 to 21 

inclusive; secs. 29 to 31 inclusive; 

T. 16 S., R. 19 E., secs. 1 and 2; sec. 12; 

T. 16 S., R. 20 E., sec. 39. 

The Adaptive Management Area 

contains approximately 33,289 acres of 

BLM managed land and contains the 

most widely diverse habitat in the 

ISDRA. Historical recreational use of the 

AMA area is low to moderate. The AMA 

provides for semi-primitive motorized 

recreation opportunities and 

experiences. Anecdotal information 

suggests that visitor use is low 

compared to the remainder of the IDRA. 

Visitors come in small groups of 

vehicles and take part in OHV 

recreation throughout the ISDRA. BLM’s 

goal is to manage the AMA in a manner 

that provides recreational opportunities 

while allowing for the conservation of 

habitat and plants and species of 

concern. 

III. Discussion of the Supplementary 

Rules 

The supplementary rules will apply to 

the public lands within the Adaptive 

Management Area in the Imperial Sand 

Dunes Recreation Area. The Bureau of 

Land Management has determined these 

rules are necessary to protect the area’s 

natural resources and to provide 

recreational opportunities. This area 

will be managed using principles of 

adaptive management, which will allow 

for the continuous improvement of 

management policies and practices 

based on previous outcomes of 

operational programs. Adaptive 

management is a way for managers to 

proceed responsibly in the face of 

multiple uncertainties. In order to fulfill 

the Bureau of Land Management’s 

obligations under the Federal 

regulations, BLM must carefully manage 

OHV recreation so that the conditions of 

the special status species and other 

unique natural and cultural resources 

are maintained or improved. It is crucial 

to have the supplementary rules in 

place in order to allow for the multiple 

use of the resource area. A more 

detailed explanation as to the need for 

such a rule may be found in the Final 

Environmental Impact Statement (EIS) 

for the Imperial Sand Dunes Recreation 

Area dated May 2003. Please see pages 

#96–141. 

IV. Procedural Matters 

Executive Order 12866, Regulatory 

Planning and Review 

These proposed supplementary rules 

are not a significant regulatory action 

and are not subject to review by Office 

of Management and Budget under 

Executive Order 12866. These proposed 

supplementary rules will not have an 

annual effect of $100 million or more on 

the economy. They will not adversely 

affect in a material way the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

state, local, or tribal governments or 

communities. These proposed 

supplementary rules will not create a 

serious inconsistency or otherwise 

interfere with an action taken or 

planned by another agency. These 

proposed supplementary rules do not 

materially alter the budgetary effects of 

entitlements, grants, user fees, or loan 

programs or the rights or obligations of 

their recipients; nor do they raise novel 

legal or policy issues. They merely 

impose rules of conduct and impose 

other limitations on certain recreational 

activities on certain public lands to 

protect natural resources. 

Clarity of the Supplementary Rules 

Executive Order 12866 requires each 

agency to write regulations that are 

simple and easy to understand. We 

invite your comments on how to make 

these proposed supplementary rules 

easier to understand, including answers 

to questions such as the following: (1) 

Are the requirements in the proposed 

supplementary rules clearly stated? (2) 

Do the proposed supplementary rules 

contain technical language or jargon that 

interferes with their clarity? (3) Does the 

format of the proposed supplementary 

rules (grouping and order of sections, 

use of headings, paragraphing, etc.) aid 

or reduce their clarity? (4) Would the 

supplementary rules be easier to 

understand if they were divided into 

more (but shorter) sections? (5) Is the 

description of the proposed 

supplementary rules in the 

SUPPLEMENTARY INFORMATION section of 

this preamble helpful to your 

understanding of the proposed 

supplementary rules? How could this 

description be more helpful in making 

the proposed supplementary rules easier 

to understand? 

Please send any comments you have 

on the clarity of the supplementary 

rules to the address specified in the 

ADDRESSES section. 

National Environmental Policy Act 

BLM has prepared Final 

Environmental Impact Statement (EIS) 

for the Imperial Sand Dunes Recreation 

Area dated May 2003, which covers the 

proposed supplementary rules. BLM has 

placed the EIS on file in the BLM 

Administrative Record at the address 

specified in the ADDRESSES section. 

BLM invites the public to review these 

documents and suggests that anyone 

wishing to address matters covered in 

the EIS do so in accordance with the 

Written Comments section above. 

Regulatory Flexibility Act 

Congress enacted the Regulatory 

Flexibility Act of 1980 (RFA), as 

amended, 5 U.S.C. 601–612, to ensure 

that Government regulations do not 

unnecessarily or disproportionately 

burden small entities. The RFA requires 

a regulatory flexibility analysis if a rule 

would have a significant economic 

impact, either detrimental or beneficial, 

on a substantial number of small 

entities. These proposed supplementary 

rules should have no economic effect on 

business, organizational, or 

governmental entities of whatever size. 

They merely would impose reasonable 

restrictions on certain recreational 

activities on certain public lands to 

protect natural resources and the 

environment,. Therefore, BLM has 

determined under the RFA that these 

proposed supplementary rules would 

not have a significant economic impact 

on a substantial number of small 

entities. 

Small Business Regulatory Enforcement 

Fairness Act (SBREFA) 

These proposed supplementary rules 

are not a ‘‘major rule’’ as defined at 5 

U.S.C. 804(2). They would not result in 

an annual effect on the economy of $100 

million or more, in a major increase in 

costs or prices, or in significant adverse 

effects on competition, employment, 

Federal Register / Vol. 70, No. 203 / Friday, October 21, 2005 / Notices 61307 

investment, productivity, innovation, or 

on the ability of United States-based 

enterprises to compete with foreignbased enterprises in domestic and 

export markets. They would merely 

impose reasonable restrictions on 

certain recreational activities on certain 

public lands to protect natural resources 

and the environment. 

Unfunded Mandates Reform Act 

These proposed supplementary rules 

do not impose an unfunded mandate on 

state, local, or Tribal governments, in 

the aggregate, or the private sector, of 

$100 million or more in any one year; 

nor do these proposed supplementary 

rules have a significant or unique effect 

on small governments. They would 

merely impose reasonable restrictions 

on certain recreational activities on 

certain public lands to protect natural 

resources and the environment. 

Therefore, BLM is not required to 

prepare a statement containing the 

information required by the Unfunded 

Mandates Reform Act at 2 U.S.C. 1532. 

Executive Order 12630, Governmental 

Actions and Interference With 

Constitutionally Protected Property 

Rights (Takings) 

The proposed rule is not government 

action capable of interfering with 

constitutionally protected property 

rights. It simply contains rules of access 

to an environmentally sensitive area. 

Therefore, the Department of the 

Interior has determined that the rule 

would not cause a taking of private 

property or require further discussion of 

takings implications under this 

Executive Order. 

Executive Order 13132, Federalism 

The proposed rule will not have a 

substantial direct effect on the states, on 

the relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. This rule does not 

come into conflict with any state law or 

regulation. Therefore, in accordance 

with Executive Order 13132, BLM has 

determined that this proposed rule does 

not have sufficient Federalism 

implications to warrant preparation of a 

Federalism Assessment. 

Executive Order 12988, Civil Justice 

Reform 

Under Executive Order 12988, the 

Office of the Solicitor has determined 

that this proposed rule would not 

unduly burden the judicial system and 

that the requirements of sections 3(a) 

and 3(b)(2) of the Order are met. 

Executive Order 13175, Consultation 

and Coordination With Indian Tribal 

Governments 

In accordance with Executive Order 

13175, we have coordinated with seven 

interested Tribes in 2002: the Quechan, 

Colorado River Indian Tribes, Fort 

Mojave Indian Tribe, Cocopah, the 

eleven Kumeyaay reservations, the 

Torres-Martinez Desert Cahuilla, and 

the Morongo Band. As part of this 

consultation, we interviewed tribal 

elders and other representatives of these 

Tribes concerning heritage values at the 

dunes. In general, the Tribes favored 

more law enforcement presence to 

enforce cultural laws, Therefore, in 

accordance with Executive Order 13175, 

we have found that this rule does not 

include policies that have tribal 

implications. 

Paperwork Reduction Act 

These supplementary rules do not 

contain information collection 

requirements that the Office of 

Management and Budget must approve 

under the Paperwork Reduction Act of 

1995, 44 U.S.C. 3501 et seq. 

Supplementary Rules For the Imperial 

Sand Dunes Recreation Management 

Area 

Under 43 CFR 8365.1–6, the Bureau of 

Land Management will enforce the 

following rules on the public lands 

within the Imperial Sand Dunes 

Recreation Management Area, El Centro 

Field Office, Desert District, California. 

You must follow these rules: 

1. No person may enter the Adaptive 

Management Area within the Imperial 

Sand Dunes Recreation Area without a 

permit issued by the Bureau of Land 

Management authorizing such entry. 

The AMA is clearly signed warning 

access only to permit holders. Further 

language directs person(s) to a location 

and telephone number to obtain the 

required permit. 

2. Entry and use of the area must be 

during: 

a. the specified time period displayed 

on the permit, 

b. October 15 to March 31. 

3. In order to obtain a permit the 

driver of each vehicle and any 

individuals walking into the Adaptive 

Management Area must complete a 

short resource conservation program. 

4. All AMA permits must be signed by 

the driver of the vehicle or each 

individual who walks in stating that he/ 

she understands the printed material, 

including but not limited to the AMA 

rules and regulations, and a written test 

proving knowledge of said rules, 

regulations and all stipulations. 

5. Each permit will be assigned to a 

driver, not a vehicle. 

6. A permit flag must be placed 

directly under the vehicle’s existing 

approved safety flag. 

7. With the exception of the 

microphyll woodlands on the east side 

of the management area where no access 

will be allowed. Permit holders must 

access the Adaptive Management Area 

through the Adaptive Management Area 

boundary, 

8. Each individual must obey all 

permit stipulations. 

III. Penalties 

Under section 303(a) of the Federal 

Land Policy and Management Act of 

1976 (43 U.S.C. 1733(a)) and 43 CFR 

8360.0–7, for violation of 

supplementary rules on public lands 

within the boundaries established in the 

rules, you may be tried before a United 

States Magistrate, fined no more than 

$1,000 and/or imprisoned for no more 

than 12 months. Such violations may 

also be subject to the enhanced fines 

provided for by 18 U.S.C. 3571. 

Dated: September 23, 2005. 

Mike Pool, 

State Director. 

[FR Doc. 05–21041 Filed 10–20–05; 8:45 am] 

BILLING CODE 4310–40–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

National Register of Historic Places; 

Notification of Pending Nominations 

and Related Actions 

Nominations for the following 

properties being considered for listing 

or related actions in the National 

Register were received by the National 

Park Service before October 1, 2005. 

Pursuant to section 60.13 of 36 CFR 

part 60 written comments concerning 

the significance of these properties 

under the National Register criteria for 

evaluation may be forwarded by United 

States Postal Service to the National 

Register of Historic Places, National 

Park Service, 1849 C St. NW., 2280, 

Washington, DC 20240; by all other 

carriers, National Register of Historic 

Places, National Park Service, 1201 Eye 

St. NW., 8th floor, Washington, DC 

20005; or by fax, 202–371–6447. Written