[Federal Register Volume 79, Number 199 (Wednesday, October 15, 2014)]
[Notices]
[Pages 61899-61901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24471]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[14XL.LLIDT02000.L12200000.MA0000.241A.00]


Proposed Supplementary Rules for the Castle Rocks Land Use Plan 
Amendment Area, Idaho

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of proposed supplementary rules.

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SUMMARY: The Bureau of Land Management (BLM) is proposing supplementary 
rules for all BLM-administered public lands within an approximately 
400-acre area in Idaho known as Castle Rocks. The BLM addressed this 
area in the November 2013 Cassia Resource Management Plan (CRMP) 
Amendment and Record of Decision (ROD). The CRMP amendment made 
implementation-level decisions designed to conserve natural and 
cultural resources while providing for recreational opportunities. 
These supplementary rules would allow the BLM and law enforcement 
partners to enforce those decisions.

DATES: Interested parties may submit written comments regarding the 
proposed supplementary rules until December 15, 2014.

ADDRESSES: You may submit comments by mail, electronic mail, or hand-
delivery. Mail or Hand Delivery: Dennis Thompson, Outdoor Recreation 
Planner, Bureau of Land Management, Burley Field Office, 15 East 200 
South, Burley, ID 83318. email: <a href="/cdn-cgi/l/email-protection#6f0d030230060b300200011a020a011b0c0e1c1c060e1d021f0e020a010b2f0d030241080019"><span class="__cf_email__" data-cfemail="b6d4dadbe9dfd2e9dbd9d8c3dbd3d8c2d5d7c5c5dfd7c4dbc6d7dbd3d8d2f6d4dadb98d1d9c0">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Dennis Thompson, Outdoor Recreation 
Planner, at 208-677-6664 or by email at <a href="/cdn-cgi/l/email-protection#e783938f888a97948889a7858b8ac9808891"><span class="__cf_email__" data-cfemail="cbafbfa3a4a6bbb8a4a58ba9a7a6e5aca4bd">[email protected]</span></a>. Persons who 
use a telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 1-800-877-8339 to contact Mr. 
Thompson.

SUPPLEMENTARY INFORMATION:
I. Background
II. Public Comment Procedures
III. Discussion of Proposed Supplementary Rules
IV. Procedural Matters

I. Background

    Castle Rocks is a dramatic geologic area located in the southern 
Albion Mountain Range of Cassia County, Idaho. Castle Rocks consists 
primarily of quartz-monzonite, a type of granite associated with the 
Almo Pluton. Pinnacles and monoliths, towering over 400 feet in local 
relief, characterize the area. Castle Rocks currently contains near 
pristine cultural and natural resources.
    Until 2003, a difficult and lengthy hike from Stines Pass was the 
only way for the public to reach Castle Rocks, due to the unique 
ownership pattern and geography of the surrounding lands. This limited 
access helped preserve rare resources that are of great importance to 
the Shoshone-Bannock Tribes of Fort Hall and the Shoshone-Paiute Tribes 
of Duck Valley. Castle Rocks became less isolated after passage of the 
Castle Rock Ranch Acquisition Act of 2000 (Pub. L. 106-421), which 
authorized the National Park Service (NPS) to purchase a private ranch 
that provided convenient public access on the east side of the geologic 
area. After the acquisition, the NPS exchanged the property with the 
Idaho Department of Parks and Recreation (IDPR) for other lands 
adjacent to existing NPS properties.
    Since May 25, 2003, the IDPR has provided park facilities and has 
managed recreation at Castle Rocks. Starting in 2003, the BLM has 
protected the 400-acre parcel that is under its management by issuing a 
series of temporary closure orders prohibiting rock climbing, camping, 
staging, and trail building. In 2012, the BLM determined that amending 
the CRMP was necessary to properly manage the area. The decision in the 
CRMP was to close the area permanently to rock climbing, camping, 
staging, and trail building. This decision was made to protect 
significant cultural resources that were, or had the potential to be, 
adversely impacted by these activities. The Shoshone-Bannock Tribes of 
Fort Hall and the Shoshone-Paiute Tribes of Duck Valley consider the 
area a sacred site and have requested the assistance of the Burley 
Field Office in nominating

[[Page 61900]]

the area as a Traditional Cultural Property under the National Historic 
Preservation Act.
    The supplementary rules proposed here would allow the BLM to 
achieve management objectives and implement the CRMP amendment. They 
would also provide the BLM with enforcement capability to prevent 
damage to cultural and natural resources.

II. Public Comment Procedures

    You may mail, email, or hand-deliver comments to Dennis Thompson, 
Recreational Planner, at the addresses listed above (See ADDRESSES). 
Written comments on the proposed supplementary rules should be specific 
and confined to issues pertinent to the proposed rules, and should 
explain the reason for any recommended change. Where possible, comments 
should reference the specific section or paragraph of the proposal that 
the commenter is addressing. The BLM is not obligated to consider, or 
include in the Administrative Record for the final supplementary rules, 
comments delivered to an address other than those listed above (See 
ADDRESSES) or comments that the BLM receives after the close of the 
comment period (See DATES), unless they are postmarked or 
electronically dated before the deadline.
    Comments, including names, street addresses, and other contact 
information for respondents, will be available for public review at the 
BLM Burley Field Office address listed in ADDRESSES during regular 
business hours (8:00 a.m. to 4:30 p.m., Monday through Friday, except 
Federal holidays). Before including your address, phone number, email 
address, or other personal identifying information in your comment, you 
should be aware that your 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.

III. Discussion of Proposed Supplementary Rules

    These supplementary rules are necessary to protect the cultural and 
natural resources within the 400-acre BLM parcel at Castle Rocks as 
described in the CRMP amendment environmental assessment (EA).
    The proposed supplementary rules would prohibit traditional rock 
climbing, sport rock climbing, bouldering, staging, trail building, and 
camping on BLM-administered public land within the Castle Rocks area 
because of adverse effects to cultural resources resulting from these 
activities. Use of the existing Stines Creek trail as shown on the 2012 
Oakley 1:100,000 surface management Status Map would still be 
authorized. The EA for the CRMP amendment (Appendix II) designates the 
trail appropriate for foot, horse, or bike use and describes the 
authorized course of the trail.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    The proposed supplementary rules are not a significant regulatory 
action and are not subject to review by the Office of Management and 
Budget under Executive Order 12866. They would not have an effect of 
$100 million or more on the economy. They would not adversely affect, 
in a material way, the economy; productivity; competition; jobs; 
environment; public health or safety; or State, local, or tribal 
governments or communities. The proposed supplementary rules would not 
create a serious inconsistency or otherwise interfere with an action 
taken or planned by another agency. They would not materially alter the 
budgetary effects of entitlements, grants, user fees, or loan programs 
or the right or obligations of their recipients; nor would they raise 
novel legal or policy issues. The proposed rules merely contain rules 
of conduct for public use of a limited selection of public lands to 
protect public health and safety.

Clarity of the Supplementary Rules

    Executive Order 12866 requires each agency to write regulations 
that are simple and easy to understand. The BLM invites 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 proposed 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 proposed supplementary rules to the address specified in the 
ADDRESSES section.

National Environmental Policy Act (NEPA)

    The BLM prepared an EA as part of the development of the CRMP 
amendment at Castle Rocks. During that NEPA process, alternative 
decisions for the CRMP amendment were fully analyzed or discussed and 
offered for public comment, including the substance of these proposed 
supplementary rules. The pertinent analysis can be found in Chapter 4 
of the CRMP Amendment and Proposed Decision Record, April, 2013. The 
ROD for the CRMP was signed by the Idaho BLM State Director on November 
20, 2013. These proposed supplementary rules would provide for 
enforcement of the plan decisions. The rationale for the decisions made 
is fully covered in the ROD. It is available for review in the BLM 
administrative record at the address specified in the ``ADDRESSES'' 
section and online at http://www.blm.gov/id/st/en/prog/cultural/climbing-CastleRocks_EA.html.

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 would merely establish rules of conduct for use of a limited area 
of public lands and would have no effect on business entities of any 
size. Therefore, the BLM has determined, under the RFA, that the 
proposed supplementary rules would not have a significant economic 
impact on a substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act

    These proposed supplementary rules do not constitute a ``major 
rule'' as defined at 5 U.S.C. 804(2). They would not result in an 
effect on the economy of $100 million or more, an increase in costs or 
prices, or significant adverse effects on competition, employment, 
investment, productivity, innovation, or

[[Page 61901]]

the ability of United States-based enterprises to compete with foreign-
based enterprises in domestic and export markets. These proposed 
supplementary rules would merely establish rules of conduct for use of 
a limited area of public lands and do not affect commercial or business 
activities of any kind.

Unfunded Mandates Reform Act

    These proposed supplementary rules would not impose an unfunded 
mandate on State, local, or tribal governments or the private sector of 
more than $100 million per year nor do they have a significant or 
unique effect on State, local, or tribal governments or the private 
sector. Therefore, the 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)

    These proposed supplementary rules would not have significant 
takings implications nor would they be capable of interfering with 
constitutionally protected property rights. Therefore, the BLM has 
determined that these rules would not cause a ``taking'' of private 
property or require preparation of a takings assessment.

Executive Order 13132, Federalism

    These proposed supplementary rules would not have a substantial 
direct effect on the States, on the relationship between the Federal 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government. The proposed 
supplementary rules would not conflict with any law or regulation of 
the State of Idaho. Therefore, in accordance with Executive Order 
13132, the BLM has determined that these proposed supplementary rules 
would not have sufficient federalism implications to warrant 
preparation of a Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    The BLM 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 Executive Order 12988.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    Consultation and Coordination with the Shoshone-Bannock and 
Shoshone-Paiute Tribes has been ongoing since 2010. The Tribes have 
been fully briefed and support these proposed supplementary rules.

Information Quality Act

    The Information Quality Act (Section 515 of Pub. L. 106-554) 
requires Federal agencies to maintain adequate quality, objectivity, 
utility, and integrity of the information that they disseminate. In 
developing these proposed supplementary rules, the BLM did not conduct 
or use a study, experiment, or survey or disseminate any information to 
the public.

Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    These proposed supplementary rules would not constitute a 
significant energy action. The proposed supplementary rules would not 
have an adverse effect on energy supplies, production, or consumption, 
and have no connection with energy policy.

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

Author

    The principal author of these supplementary rules is Michael C. 
Courtney, Burley Field Manager, Bureau of Land Management.
    For the reasons stated in the Preamble, and under the authority of 
43 CFR 8365.1-6, the Burley Field Office, Bureau of Land Management, 
proposes to issue supplementary rules for BLM-administered lands 
covered under the Cassia Resource Management Plan Amendment at Castle 
Rocks, to read as follows:

SUPPLEMENTARY RULES FOR THE PORTION OF THE CASTLE ROCKS AREA MANAGED BY 
THE U.S. BUREAU OF LAND MANAGEMENT

    Definitions:
    Traditional rock climbing means a style of climbing where a 
climber or group of climbers places all gear required to protect 
against falls and removes it when passage is complete.
    Sport rock climbing means a style of climbing that relies on 
fixed protection against falls, usually bolts and/or top anchors.
    Bouldering means ropeless climbing that involves short, 
sequential moves on rock usually no more than 20 feet off the ground 
and uses bouldering crash pads at the base of the climbing area to 
prevent injuries from falls.
    Staging means assembling, unpacking or otherwise preparing gear 
for climbing; typically conducted at the base of a cliff, where gear 
such as backpacks may also be left during a climb, but in some 
cases, is conducted at the top of a cliff.
    Trail building means the act of creating new travel routes 
through the use of tools; or user-created trails developed through 
repeated visits to a specific destination. EA DOI-BLM-ID-T020-2013-
0010-EA, Appendix II serves as the baseline for existing trails on 
BLM lands.
    Camping means setting up, occupying or making use of a place for 
shelter or overnight stay.
    On BLM-administered public land within the Castle Rocks area, 
the following supplementary rules apply:
    1. Traditional and sport rock climbing and bouldering are 
prohibited.
    2. Staging is prohibited.
    3. Camping is prohibited.
    4. Trail building is prohibited.
    EXCEPTIONS: The following persons are exempt from these 
supplementary rules:
    A. Any Federal, State, local and/or military employee acting 
within the scope of their duties;
    B. Members of any organized rescue or fire-fighting force in 
performance of an official duty; and
    C. Persons, agencies, municipalities, or companies holding an 
existing special-use permit and operating within the scope of their 
permit.
    PENALTIES: On public lands 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 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 enhanced fines provided for 
by 18 U.S.C. 3571.

Timothy M. Murphy,
 Idaho State Director, Bureau of Land Management.
[FR Doc. 2014-24471 Filed 10-14-14; 8:45 am]
BILLING CODE 4310-GG-P


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