Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Notices 68077

DEPARTMENT OF THE INTERIOR

Bureau of Land Management 

[CA–339–04–1610–DR] 

Establishment of Interim Final 

Supplementary Rules on Public Lands 

in the Headwaters Forest Reserve 

Managed By the Arcata Field Office, 

California

AGENCY: Bureau of Land Management, 

Interior.

ACTION: Establishment of Interim Final 

Supplementary Rules with requests for 

comments. 

SUMMARY: In accordance with the 

approved Headwaters Forest Reserve 

Resource Management Plan, the Bureau 

of Land Management (BLM), California 

State Office, is issuing interim final 

supplementary rules and requesting 

comments. These interim final 

supplementary rules will apply to the 

public lands within the Headwaters 

Forest Reserve, Arcata Field Office, 

Humboldt County, California, and will 

be effective upon publication and 

remain in effect until publication of a 

final supplementary rule. BLM has 

determined that these rules are needed 

to protect the area’s natural resources 

and provide for the health and safety of 

the public and neighboring residents. 

These rules do not propose or 

implement any land use limitations or 

restrictions other than those included 

within BLM’s decisions in the 

Headwaters Forest Reserve Approved 

RMP, or allowed for by existing law or 

regulation.

DATES: The interim final supplementary 

rules are effective November 9, 2005. 

We invite comments until January 9, 

2006.

ADDRESSES: Mail or hand deliver all 

comments concerning the interim final 

supplementary rules to the Bureau of 

Land Management, Arcata Field Office, 

1695 Heindon Road, Arcata, CA 95521.

FOR FURTHER INFORMATION CONTACT:

Robert Wick, Planning and 

Environmental Coordinator, Arcata 

Field Office, 1695 Heindon Road, 

Arcata, CA 95519, 707–825–2321. Email: rwick@ca.blm.gov.

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. The Record of 

Decision for the Headwaters Forest 

Reserve Resource Management Plan was 

signed on June 29, 2004, and represents 

the final decision of the Bureau of Land 

Management Director regarding 

management of Reserve lands. 

Therefore, comments requesting 

changes to the management plan are 

outside the scope of this comment 

period. Where possible, comments 

should reference the specific section or 

paragraph of the rule which the 

comment is addressing. BLM need not 

consider or include in the 

Administrative Record for the final rule; 

(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). 

Comments, including names, street 

addresses, and other contact 

information of respondents, will be 

available for public review at the Arcata 

Field Office, 1695 Heindon Road, 

Arcata, CA 95521, 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 or 

businesses, and from individuals 

identifying themselves as 

representatives or officials of 

organizations or businesses. 

II. Background 

The BLM is establishing these interim 

final supplementary rules under the 

authority of 43 CFR 8365.1–6, which 

allows BLM State Directors to establish 

such rules for the protection of persons, 

property, and public lands and 

resources. This provision allows the 

BLM to issue rules of less than national 

effect without codifying the rules in the 

Code of Federal Regulations. Upon 

completion, the rules will be available 

for inspection in the Arcata Field Office; 

the rules will be posted at the Arcata 

Field Office; and they will be published 

in a newspaper of general circulation in 

the affected vicinity. 

BLM is establishing these interim 

final supplementary rules for the 

Headwaters Forest Reserve, designated 

by Congress in the 1998 Interior 

Appropriations Bill (Pub. L. 105–83). 

The Headwaters Forest Reserve is 

located approximately 6 miles southeast 

of Eureka, Humboldt County, California, 

within T.3N., R.1E., Secs. 3, 4, 5, 6, 8, 

9, 10, 11, 14, 15, 16, 17, 18, 19, 20, 21, 

22, 23, 24, 26, 27, 28, 29; T.4N., R.1E., 

Sec. 31; T.4N., R.1W., Secs. 35, 36, 

Humboldt Meridian. The interim final 

supplementary rules will allow for 

implementation of the resource 

protection and public use decisions in 

the Headwaters Forest Reserve Resource 

Management Plan/Final EIS (RMP). The 

RMP was prepared as a requirement of 

the Congressional legislation and with 

full public participation and multiagency collaboration. 

The BLM finds good cause to publish 

these supplementary rules on an interim 

final basis, effective the date of 

publication, for the protection of the 

reserve’s unique and sensitive 

ecosystem and to provide for public 

health and safety. The Headwaters 

ecosystem provides critical habitat for 

several Federally-listed threatened and 

endangered species that are sensitive to 

impacts associated with public use. 

These species include the northern 

spotted owl, marbled murrelet, and 

several salmonids. Lands adjoining the 

Reserve include an area of private 

residences and large blocks of active 

industrial timberlands with extensive 

heavy equipment use. The rules are 

necessary for the safety of both public 

land visitors and these adjoining 

landowners. 

The interim final supplementary rules 

will facilitate the implementation of the 

management actions contained in the 

RMP and ROD for the Headwaters 

Forest Reserve completed in 2003 and 

2004, respectively. Throughout 

development of the RMP, BLM strived 

to create an open planning process. This 

planning process was designed to 

engage and involve public interest 

groups from the local to the national 

level, concerned individuals, Federal 

and state resource agencies, and local 

and Tribal governments. The plan was 

completed in cooperation with the 

California Department of Fish and Game 

(DF&G) which manages an easement on 

Reserve lands for the state of California. 

Therefore the plan also followed all 

public and agency involvement 

requirements of the California 

Environmental Quality Act (CEQA) and 

the associated Environmental Impact 

Report (EIR) process. DF&G has also 

designated the Reserve as a state 

Ecological Reserve. All interim final 

rules in this notice are consistent with 

state policies and laws guiding public 

use of ecological reserves. 

68078 Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Notices 

The following is a summary of the 

collaborative planning process which 

has led to the Record of Decision. 

Public Scoping: A public scoping 

process for preparation of the RMP and 

related EIS/EIR was conducted from 

May 18, 2000 to August 18, 2000. Public 

and agency input was solicited through 

three public meetings (in Eureka, San 

Francisco, and Sacramento), use of a 

Web site offering information and 

electronic comment input, 

establishment of dedicated telephone 

lines for information requests and 

comment input, and provisions for 

submission of written comments by 

mail. BLM summarized scoping 

comments, and prepared a scoping 

report in October 2000. 

Draft RMP Development: The BLM 

Arcata Field Office developed a draft 

RMP, based on the scoping comments 

and concerns from public resource 

agencies and local Tribal governments. 

Planning updates were mailed to 

persons and organizations that had 

participated in the scoping process. 

Draft RMP/EIS/EIR: A public/agency 

review period for the draft plan/EIS/EIR 

was conducted according to 

requirements of NEPA and CEQA. A 90-

day review period was established via 

publishing a notice of availability of a 

draft EIS in the Federal Register on May 

31, 2002, publishing a notice in 

newspapers of general circulation and 

mailing a notice to all persons and 

organizations on the RMP mailing list. 

The public review period extended 

from May 31, 2002, to September 6, 

2002. During this period, public 

meetings were held in Eureka (July 16, 

2002), Sacramento (July 24, 2002), and 

San Francisco (July 25, 2002). Court 

reporters were present at all of the 

meetings and verbatim transcripts were 

prepared. Several means of submitting 

comments were provided: Verbal 

comments at the public meetings, 

telephone voice mail center, e-mails, or 

written letters. The draft RMP comment 

period resulted in comments from over 

6,400 parties. 

Proposed RMP and Final EIS/EIR: The 

Proposed RMP and Final EIS/EIR were 

released on October 7, 2003, and a 

Notice of Availability was published in 

the Federal Register on October 10, 

2003. The document was distributed by 

mail to a mailing list that had been 

updated to include persons and 

organizations that previously 

commented. A transmittal letter from 

the Arcata Field Manager described the 

process for filing protests to the plan 

within a 30-day period. The protest 

filing deadline was November 10, 2003. 

The plan decisions relating to the 

interim final supplemental rules were 

analyzed in the final EIS and the rules 

were published as an appendix in the 

Proposed RMP. 

Consistency Requirements: In 

accordance with planning regulations at 

43 Code of Federal Regulations 1610.3–

2(e), the Proposed RMP/Final EIS/EIR 

was sent to the Governor of California 

on October 6, 2003, for a 60-day review 

of consistency with state or local plans, 

policies, and programs. In a letter dated 

December 6, 2003, the Governor’s Office 

of Planning and Research (OPR) 

determined that the Proposed RMP was 

not inconsistent with any State or local 

plans, policies or programs. 

Plan Protest Resolution: The BLM 

Director has addressed and resolved all 

protests concerning adoption of the 

approved RMP. According to BLM 

regulations (43 CFR 1610.5–2(b)), the 

decision of the BLM Director on plan 

protests is the final decision of the 

Department of the Interior.

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 

Office of Management and Budget under 

Executive Order 12866. These interim 

final 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 

interim final supplementary rules will 

not create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency. These 

interim final supplementary rules do 

not materially 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. The interim final 

supplementary rules only impose rules 

of conduct on recreational users of 

public lands in the Headwaters Forest 

Reserve and will have a positive effect 

on public health and safety. 

Executive Order 12630, Governmental 

Actions and Interference With 

Constitutionally Protected Property 

Rights (Takings) 

The interim final supplementary rules 

are not a government action capable of 

interfering with constitutionally 

protected property rights. The interim 

final supplementary rules do not in any 

way apply to private property or affect 

private land rights. Several of the rules 

will serve to reduce impacts of public 

land users on adjoining private 

properties, so will serve to benefit these 

landowners. 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 interim final 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 

planning process and EIS/EIR that 

determined the need for these rules was 

conducted jointly by the BLM and the 

State of California. The interim final 

supplementary rules affect land only in 

one state, California, and do not address 

jurisdictional issues involving state 

government. 

Executive Order 12988, Civil Justice 

Reform 

Under Executive Order 12988, the 

Office of the Solicitor has determined 

that these interim final supplementary 

rules 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 found that these interim 

final supplementary rules do not 

include policies that have Tribal 

implications. The BLM consulted 

during the RMP process with the three 

Tribes whose historical territories 

include the reserve. All three Tribes 

concurred with the decisions in the 

RMP. The interim final supplementary 

rules do not affect lands held for the 

benefit of Indians, Aleuts or Eskimos. 

National Environmental Policy Act 

These interim final supplementary 

rules in and of themselves do not 

constitute a major Federal action 

significantly affecting the quality of the 

human environment under section 

102(2)(C) of the National Environmental 

Policy Act of 1969, 42 U.S.C. 4332(2)(C). 

However, they are a component of a 

larger plan (Resource Management Plan) 

that constitutes a major Federal action. 

BLM has prepared a draft environmental 

impact statement/final environmental 

impact statement (DEIS/FEIS) on the 

Resource Management Plan that 

analyzes each decision corresponding to 

Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Notices 68079

the interim final supplementary rules. 

In addition to this analysis, the interim 

final supplemental rules were directly 

published in the final EIS. These 

documents are on file and available to 

the public in the BLM Administrative 

Record at the address specified in the 

ADDRESSES section. The Record of 

Decision has also been completed and is 

also on file at the specified address. 

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 

supplementary rules would have a 

significant economic impact, on a 

substantial number of small entities. 

These interim final supplementary rules 

only regulate behavior of recreational 

visitors to the Headwaters Forest 

Reserve, and will not affect business or 

commercial use of public lands, or use 

by small organizations or small 

governmental jurisdictions. Therefore, 

BLM has determined under the RFA 

that these interim final supplementary 

rules would not have a significant 

economic impact on a substantial 

number of small entities. 

Small Business Regulatory Enforcement 

Fairness Act (SBREFA) 

These interim final supplementary 

rules are not a ‘‘major rule’’ as defined 

at 5 U.S.C. 804(2). They merely contain 

rules of conduct for recreational use of 

certain public lands and have no affect 

on business, commercial or industrial 

use of public lands. 

Unfunded Mandates Reform Act

These interim final supplementary 

rules do not impose an unfunded 

mandate on state, local, or Tribal 

governments in the aggregate, or the 

private sector of more than $100 million 

per year; nor do they have a significant 

or unique effect on small governments. 

These interim final supplemental rules 

only apply to public land recreation 

users and do not require anything of 

state, local or Tribal 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.) 

Paperwork Reduction Act 

These interim final 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 authors of these interim 

final supplementary rules are Dan 

Averill, Headwaters Forest Reserve 

Manager, and Bob Wick, Planning and 

Environmental Coordinator, Bureau of 

Land Management, Arcata Field Office, 

1695 Heindon Road, Arcata, CA 95521. 

For the reasons stated in the preamble 

and under the authorities for 

supplementary rules found under 43 

CFR 8365.1–6, the California State 

Director, Bureau of Land Management 

hereby issues interim final 

supplementary rules, effective upon 

publication, for public lands managed 

by the BLM in the Headwaters Forest 

Reserve, to read as follows: 

Definitions 

Headwaters Forest Reserve—

Encompasses all public lands and 

associated access easements held by 

BLM within T.3N., R.1E., Secs. 3, 4, 5, 

6, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19, 20, 

21, 22, 23, 24, 26, 27, 28, 29; T.4N., 

R.1E., Sec. 31; T.4N., R.1W., Secs. 35, 

36, Humboldt Meridian. Public access 

easement routes will be clearly 

identified by on-site signing and 

descriptive information. All references 

to the ‘‘Reserve’’ in this notice are 

referring to the Headwaters Forest 

Reserve as defined here. 

Camping: The erecting of a tent or 

shelter of natural or synthetic material, 

preparing a sleeping bag or other 

bedding material for use, parking of a 

motor vehicle, motor home or trailer, or 

mooring of a vessel for the apparent 

purpose of overnight occupancy. 

Guided BLM Hike—A hike conducted 

by BLM employee or volunteer. Guided 

hikes may be conducted by other 

representatives under written 

permission of the BLM authorized 

officer. 

Designated Trail: A trail developed, 

maintained, and explicitly identified for 

public use by the BLM. All designated 

trails will be identified by a 

combination of trailhead maps and onsite signing listing allowable uses. 

Firearm or other projectile shooting 

device—Includes all firearms, air rifles, 

pellet and BB guns, spring guns, bows 

and arrows, slings, paint ball markers, 

other instruments that can propel a 

projectile, or any instrument that can be 

loaded with and fire blank cartridges. 

Interim Final Supplementary Rules for 

the Headwaters Forest Reserve 

The following rules apply to all 

visitors to the Headwaters Forest 

Reserve. Employees and agents of the 

BLM will be exempt from these rules 

during performance of specific official 

duties as authorized by the Reserve 

Manager. 

1. The northern portion of the 

Reserve, accessed via the Elk River Road 

is open for day use only, from sunrise 

to sunset. 

2. The southern portion of the 

Reserve, accessed via the Felt Springs 

Road, is open only for guided BLM 

hikes. Hikes will normally be conducted 

from May 15 through November 15, 

based on suitable dry weather 

conditions. All other times, public 

access to the southern end of the 

Reserve is not allowed. 

3. Dogs are allowed on the Elk River 

Corridor Trail and must be under voice 

control of the owner/possessor at all 

times, or on a leash. Pets are otherwise 

not allowed within the Reserve. 

4. Pedestrian use is allowed only on 

designated trails. 

5. Bicycles are allowed on the Elk 

River Corridor Trail to the posted end 

point approximately 3 miles from the 

parking area. Bicycles must stay on the 

designated trail at all times. 

6. Motorized vehicles are not allowed. 

7. Equestrian use is not allowed. 

8. Discharge or use of firearms or 

other projectile shooting devices is not 

allowed. 

9. Hunting and fishing are not 

allowed. 

10. Camping is not allowed. 

11. Swimming or wading of humans 

or dogs in creeks or rivers is not 

allowed. 

12. Campfires, charcoal grills, 

cookstoves, fireworks or other 

incendiary devices capable of producing 

open flames, sparks or embers are not 

allowed. 

13. Vegetation gathering is not 

allowed. 

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, any person who violates any 

of these supplementary rules on public 

lands within the boundaries established 

in the rules may be tried before a United 

States Magistrate and fined no more 

than $1,000 or imprisoned for no more 

than 12 months, or both. Such 

violations may also be subject to the 

enhanced fines provided for by 18 

U.S.C. 3571.

Mike Pool, 

State Director.

[FR Doc. 05–22348 Filed 11–8–05; 8:45 am]

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