Supplementary Rules for the Silver Saddle Ranch and
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[Federal Register: November 20, 2000 (Volume 65, Number 224)]
[Notices]
[Page 69781-69783]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20no00-87]
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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
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