33466 Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Notices 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLCON04000–L12200000–PA0000] 

Notice of Proposed Supplementary 

Rules for Public Lands in Colorado: 

McInnis Canyons National 

Conservation Area 

AGENCY: Bureau of Land Management, 

Department of the Interior. 

ACTION: Proposed supplementary rules. 

SUMMARY: The Bureau of Land 

Management’s (BLM) Grand Junction 

Field Office is proposing supplementary 

rules to regulate conduct on public 

lands within the McInnis Canyons 

National Conservation Area (MCNCA). 

These supplementary rules are needed 

to implement decisions found in the 

McInnis Canyons National Conservation 

Area Resource Management Plan to 

protect public health, safety, lands and 

resources. 

DATES: Comments on the proposed 

supplementary rules must be received 

or postmarked by September 11, 2009 to 

be assured consideration. The BLM is 

not obligated to consider comments 

postmarked or received after this date. 

ADDRESSES: Please mail comments to 

Katie Stevens, McInnis Canyons 

National Conservation Area, 2815 H 

Road, Grand Junction, Colorado 81506; 

or e-mail comments to 

gjfo_webmail@blm.gov, Attn: ‘‘McInnis 

Canyons.’’ 

FOR FURTHER INFORMATION CONTACT: 

Katie Stevens, McInnis Canyons 

National Conservation Area, (970) 244– 

3049, e-mail: Katie_A_Stevens@blm.gov 

or Eric Boik, BLM Field Staff Law 

Enforcement Ranger, (970) 244–3070, 

e-mail: Eric_Boik@blm.gov 

SUPPLEMENTARY INFORMATION: 

I. Public Comment Procedures 

Written comments on the proposed 

supplementary rules should be specific, 

be confined to issues pertinent to the 

proposed supplementary rules, and 

explain the reason for any 

recommended change. Where possible, 

comments should reference the specific 

section or paragraph of the proposal 

which the comment is addressing. The 

BLM is not obligated to consider or 

include in the Administrative Record 

for the final supplementary rules 

comments either postmarked or 

electronically dated after the deadline or 

delivered to an address other than the 

address listed above (See ADDRESSES). 

Comments (including names, street 

addresses, and other contact 

information of respondents) will be 

available for public review at 2815 H 

Road, Grand Junction, Colorado 81506. 

Before including your address, phone 

number, e-mail 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. 

II. Background 

These proposed supplementary rules 

apply to the McInnis Canyons National 

Conservation Area (MCNCA), 

approximately 122,300 acres of public 

lands which include the 75,550 acre 

Black Ridge Canyons Wilderness. The 

MCNCA, originally known as the 

Colorado Canyons National 

Conservation Area, was established by 

Public Law 106–353 on October 24, 

2000. It was renamed for Representative 

Scott McInnis by Public Law 108–400 

on January 1, 2005. 

The MCNCA is located 10 miles west 

of Grand Junction, Colorado and is 

bordered by the Colorado National 

Monument to the east and the Colorado/ 

Utah state line to the west. A small 

portion of the Black Ridge Canyons 

Wilderness (5,200 acres) extends into 

Grand County, Utah. The proposed 

supplementary rules will help the BLM 

achieve management objectives and 

implement decisions in the MCNCA 

Resource Management Plan (RMP) 

approved on October 24, 2004. 

III. Discussion of the Proposed 

Supplementary Rules 

In preparing the RMP, the BLM 

sought public review of four alternatives 

and then approved adaptive 

management, its preferred alternative. 

Adaptive management allows for 

flexibility in management actions based 

on the results of resource and visitor 

monitoring. 

The RMP includes specific 

management actions that restrict certain 

activities and define allowable uses. The 

proposed supplementary rules 

implement these management actions 

within the MCNCA. Many of the 

proposed supplementary rules apply to 

the entire area, but some apply only to 

specific areas within the NCA. The 

proposed supplementary rules are 

written to allow for adaptive 

management. 

IV. Procedural Matters 

Executive Order 12866, Regulatory 

Planning and Review 

The supplementary rules do not 

comprise a significant regulatory action 

and are not subject to review by the 

Office of Management and Budget under 

Executive Order 12866. The 

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. The 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 

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. The 

supplementary rules are merely rules of 

conduct for public use of a limited area 

of public lands. 

Clarity of the Regulations 

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 the supplementary rules easier to 

understand, including answers to 

questions such as the following: 

1. Are the requirements in the 

supplementary rules clearly stated? 

2. Do the supplementary rules contain 

technical language or jargon that 

interferes with their clarity? 

3. Does the format of the 

supplementary rules (grouping and 

order of sections, use of headings, 

paragraphing, etc.) aid or reduce clarity? 

4. Is the description of the 

supplementary rules in the 

SUPPLEMENTARY INFORMATION section of 

this preamble helpful in understanding 

the supplementary rules? How could 

this description be more helpful in 

making the supplementary rules easier 

to understand? 

Please send any comments you have 

on the clarity of the rule to the address 

specified in the ADDRESSES section. 

National Environmental Policy Act 

In July 2004, the BLM completed an 

environmental impact statement (EIS) as 

part of the development of the Proposed 

Resource Management Plan and Final 

Environmental Impact Statement for the 

Colorado Canyons National 

Conservation Area and Black Ridge 

Canyons Wilderness (now McInnis 

Canyons National Conservation Area). 

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Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Notices 33467 

During the National Environmental 

Policy Act process, many proposed 

decisions were fully analyzed, including 

the substance of these supplementary 

rules. The pertinent analysis can be 

found in Chapter 2, Alternatives, of the 

Resource Management Plan (RMP). The 

Record of Decision for the RMP was 

signed by the BLM State Director of 

Colorado in October 2004. These 

proposed supplementary rules provide 

for enforcement of decisions in the 

RMP. The rationale for the decisions 

made in the plan is fully covered in the 

EIS. The EIS is available for review in 

the BLM administrative record at the 

address specified in the ADDRESSES

section. 

Regulatory Flexibility Act 

Congress enacted the Regulatory 

Flexibility Act (RFA) 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 

merely establish rules of conduct for 

public use of a limited area of public 

lands. Therefore, the BLM has 

determined under the RFA that the 

supplementary rules would not have a 

significant economic impact on a 

substantial number of small entities. 

Small Business Regulatory Enforcement 

Fairness Act 

The supplementary rules are not 

considered a major rule as defined 

under 5 U.S.C. 804(2). The 

supplementary rules merely establish 

rules of conduct for public use of a 

limited area of public lands and do not 

affect commercial or business activities 

of any kind. 

Unfunded Mandates Reform Act 

The supplementary rules do not 

impose an unfunded mandate on state, 

local, or tribal governments in the 

aggregate, or on the private sector of 

more than $100 million per year; nor do 

they have a significant or unique effect 

on small governments. The 

supplementary rules have no effect on 

governmental or tribal entities and 

would impose no requirements on any 

of these entities. The supplementary 

rules merely establish rules of conduct 

for public use of a limited selection of 

public lands and do not affect tribal, 

commercial, or business activities of any 

kind. 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) 

The supplementary rules do not have 

significant takings implications, nor are 

they capable of interfering with 

Constitutionally-protected property 

rights. The supplementary rules merely 

establish rules of conduct for public use 

of a limited area of public lands and do 

not affect anyone’s property rights. 

Therefore, the BLM has determined that 

these rules will not cause a taking of 

private property or require preparation 

of a takings assessment under this 

Executive Order. 

Executive Order 13132, Federalism 

These supplementary rules will not 

have a substantial direct effect on the 

states, the relationship between the 

national government and the states, nor 

the distribution of power and 

responsibilities among the various 

levels of government. These 

supplementary rules do not come into 

conflict with any state law or regulation. 

Therefore, under Executive Order 

13132, the BLM has determined that 

these 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, these 

supplementary rules will not unduly 

burden the judicial system and that they 

meet the requirements of sections 3(a) 

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

Executive Order 13175, Consultation 

and Coordination With Indian Tribal 

Governments 

In accordance with Executive Order 

13175, these supplementary rules do not 

include policies that have tribal 

implications. The supplementary rules 

do not affect land held for the benefit, 

nor impede the rights of Indians or 

Alaska Natives. 

Paperwork Reduction Act 

These proposed supplementary rules 

do not directly provide for any 

information collection that the Office of 

Management and Budget must approve 

under the Paperwork Reduction Act, 44 

U.S.C. 3501 et seq. Any information 

collection that may result from Federal 

criminal investigations or prosecution 

conducted under these proposed 

supplementary rules is exempt from the 

provisions of the Paperwork Reduction 

Act of 1995, 44 U.S.C. 3518(c)(1). 

Author 

The principal author of these 

proposed supplementary rules is Eric 

Boik, BLM Field Staff Law Enforcement 

Ranger, McInnis Canyons National 

Conservation Area, 2815 H Road Grand 

Junction, Colorado 81506. 

For the reasons stated in the preamble 

and under the authorities for 

supplementary rules found under 43 

U.S.C. 1740 and 43 CFR 8365.1–6, the 

Colorado State Director, Bureau of Land 

Management, proposes supplementary 

rules for public lands managed by the 

BLM in Colorado, to read as follows: 

Supplementary Rules for McInnis 

Canyons 

1. These supplementary rules apply, 

except as specifically exempted, to 

activities within the McInnis Canyons 

National Conservation Area (MCNCA), 

which is comprised of public lands 

administered by the Bureau of Land 

Management near Grand Junction, 

Colorado. 

2. These supplementary rules are in 

effect on a year-round basis and will 

remain in effect until modified by the 

authorized officer. 

3. You must not camp in sites or areas 

not designated as open to camping by a 

BLM sign or map. 

4. You must not start or maintain a 

fire in sites or areas not designated as 

open for such use by a BLM sign or 

map. 

5. In areas designated as open for 

starting or maintaining a fire, any fire 

must be fully contained in a metal fire 

grate, fire pan, or other metal device to 

contain ashes. Mechanical stoves and 

other appliances that are fueled by gas, 

and equipped with a valve that allows 

the operator to control the flame, are 

among the devices that meet this 

requirement. 

6. When starting or maintaining a fire 

outside of a developed recreation site, 

you must contain and completely 

remove fire ashes and debris from BLM 

land. 

7. You must not cut, collect, or use 

live, dead, or down wood except in 

areas designated as open to such use by 

a BLM sign or map. 

8. The hours of operation are sunrise 

to sunset in any area that is for day-use 

only as indicated by a BLM sign or map. 

You must not enter or remain in such 

an area after sunset or before sunrise. 

9. You must not park in areas not 

designated for parking by a BLM sign or 

map. 

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33468 Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Notices 

10. Exceeding group size limits, as 

indicated by a BLM sign or map, is 

prohibited. 

11. Exceeding length of stay limits, as 

indicated by a BLM sign or map, is 

prohibited. 

12. Individuals and/or groups must 

register and possess proof of registration 

as indicated by a BLM sign or map. 

13. You must not use roads and/or 

trails by motorized or mechanized 

vehicle or equestrian or pedestrian 

travel except where designated as open 

to such use by a BLM sign or map. 

14. You must not discharge a firearm 

of any kind, including those used for 

target shooting or paintball. Licensed 

hunters in legitimate pursuit of game 

during the proper season with 

appropriate firearms, as defined by the 

Colorado Division of Wildlife, are 

exempt from this rule. 

15. You must not collect or disturb 

rocks, minerals, fossils, chipped rocks, 

arrowheads, or other paleontological, 

prehistoric or historical artifacts. 

16. You must not enter an area that is 

designated as closed by a BLM sign or 

map. 

17. You must remove and properly 

dispose of canine solid waste when and 

where indicated by a BLM sign or map. 

18. You must not bring any dog into 

the MCNCA that is not controlled by 

visual, audible, or physical means. 

19. You must not burn material, 

including wood, that contains nails, 

glass, or any metal. 

20. You must dispose of solid human 

waste as indicated by a BLM sign or 

map. 

Exemptions: The following persons 

are exempt from these supplementary 

rules: 

A. Any Federal, state, local and/or 

military personnel in the scope of their 

official duties; 

B. Members of any organized rescue 

or fire-fighting force in performance of 

their official duties; and 

C. Persons, agencies, municipalities, 

or companies holding an existing 

special-use permit inside the MCNCA 

and operating within the scope of their 

permit. 

Penalties: 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. 43 U.S.C. 1733(a); 

43 CFR 8360.0–7. Such violations may 

also be subject to the enhanced fines 

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

accordance with 43 CFR 8365.1–7, State 

or local officials may also impose 

penalties for violations of Colorado law. 

Dave Hunsaker, 

Associate State Director. 

[FR Doc. E9–16416 Filed 7–10–09; 8:45 am] 

BILLING CODE 4310–JB–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLNVC0200.L58740000.EU0000; N–82710, 

N–82711; 9–08807; TAS:14X5260] 

Notice of Realty Action; Extension of 

Segregation of Public Lands for 

Proposed Sale in Lyon County, NV 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of realty action. 

SUMMARY: This notice extends the 

segregation on 998.2 acres of public 

lands in Lyon County, Nevada for up to 

2 additional years. 

FOR FURTHER INFORMATION CONTACT: Fred 

Slagle, (775) 885–6115. 

SUPPLEMENTARY INFORMATION: The 

following described public lands are 

located southwest (sec. 22) and south 

(sec. 36) of Fernley, Nevada: 

Mount Diablo Meridian 

T. 20 N., R. 24 E., 

Sec. 22, 1ots 1 to 6, inclusive, NE1⁄4, 

E1⁄2NW1⁄4, E1⁄2SW1⁄4, and W1⁄2SE1⁄4; 

Sec. 36, E1⁄2NE1⁄4NE1⁄4, NW1⁄4NE1⁄4NE1⁄4, 

N1⁄2NW1⁄4NE1⁄4, and W1⁄2. 

The areas described aggregate 998.2 acres, 

more or less, in Lyon County. 

Notification of a 2-year segregation of 

the described lands from appropriation 

under the public land laws, including 

the mining laws, except the sale 

provisions of the Federal Land Policy 

Management Act, appeared in the 

Federal Register on August 20, 2007 (72 

FR 46509). The Bureau of Land 

Management (BLM) has completed an 

environmental analysis and by decision 

dated August 11, 2008, found the lands 

suitable for sale. The BLM has 

encountered unanticipated processing 

delays, including a pending action to 

clear an encumbrance on portions of the 

sale area. In accordance with 43 CFR 

2711.1–2(d), the BLM Nevada State 

Director has determined that extension 

of this segregation is necessary to 

provide sufficient time to complete final 

processing steps required to offer these 

lands for sale. The segregative effect will 

terminate on issuance of a patent, 

publication in the Federal Register of a 

termination of the segregation, or on 

August 20, 2011, whichever occurs first. 

(Authority: 43 CFR 2711.1–2(d)) 

Bryant Smith, 

Associate District Manager, Carson City 

District. 

[FR Doc. E9–16411 Filed 7–10–09; 8:45 am] 

BILLING CODE 4310–HC–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Restoration of Wilton Rancheria 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice is published 

pursuant to a court order and relates to 

restoration of the Wilton Miwok 

Rancheria, its members, and Dorothy 

Andrews, and the Me-Wuk Indian 

Community of the Wilton Rancheria. 

See the SUPPLEMENTARY INFORMATION

section of this notice for details. 

DATES: The restoration is effective as of 

June 8, 2009. 

FOR FURTHER INFORMATION CONTACT: Jane 

Smith, Office of the Solicitor—Division 

of Indian Affairs, 1849 C Street, NW., 

MS–6456, Washington, DC 20240. 

Telephone: (202) 208–6526. 

SUPPLEMENTARY INFORMATION: This 

notice is published pursuant to the 

Order issued June 8, 2009, in Wilton 

Miwok Rancheria and Dorothy Andrews 

v. Salazar, Civil No. C–07–02681 (JF) 

(PVT), and Me-Wuk Indian Community 

of the Wilton Rancheria v. Salazar, Civil 

No. C 07–05706 (JF), United States 

District Court for the Northern District 

of California. 

Plaintiffs, Wilton Miwok Rancheria, 

its members, and Dorothy Andrews, and 

the Me-Wuk Indian Community of the 

Wilton Rancheria, hereinafter the 

Wilton Rancheria, are relieved from the 

application of section 10(b) of the Act of 

August 18, 1958, 72 Stat. 619, as 

amended by the Act of August 11, 1964, 

78 Stat. 390, and shall be deemed 

entitled to any of the benefits or services 

provided or performed by the United 

States for Indians because of the status 

as Indian, if otherwise qualified under 

applicable laws and regulations. 

The Wilton Rancheria is an Indian 

entity with the same status as it 

possessed prior to distribution of the 

assets of the Rancheria and shall be 

deemed entitled to any of the benefits or 

services provided or performed by the 

United States for Indian Tribes, bands, 

communities or groups because of its 

status as an Indian Tribe. 

The Distribution Plan for the Wilton 

Rancheria is of no further force and 

effect and shall not be further 

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