From the 8/22 Federal Register:

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-030-02-1220-PD-241A]


Interim Final Supplementary Rules for the Sand
Mountain and the Walker Lake Recreation Areas;
Churchill and Mineral County, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Interim final supplementary rules.

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SUMMARY: The Carson City Field Office Manager
establishes these
Supplementary Rules to provide for the protection of
persons, property,
and public lands and resources. They consolidate and
clarify rules
published in previous Federal Register notices,
establish that Sand
Mountain will be subject to a user fee collection and
establish
additional supplementary rules of conduct for visitors
to the Sand
Mountain and the Walker Lake Recreation Areas.

DATES: The following supplementary rules are being
published on an
interim final basis, effective August 22, 2002. You
may send your
comments about these supplementary rules to the
address below. Comments
must be received or postmarked by September 23, 2002.

ADDRESSES: Mail: 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:
Christina_Miller@nv.blm.gov

FOR FURTHER INFORMATION CONTACT: Chris Miller, Outdoor
Recreation
Planner, or Terry Knight, Acting Deputy 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:

Public Comment Procedures

Please submit your comments on issues related to
the supplementary
rules, in writing, according to the ADDRESSES section
above. Comments
on the supplementary rules should be specific, should
be confined to
issues pertinent to the supplementary rules, and
should explain the
reasons for any recommended change. Where possible,
your comments
should reference the specific section or paragraph of
the interim final
rule that you are addressing. BLM may not necessarily
consider, or
include in the Administrative Record, comments that we
receive after
the close of the comment period (see DATES) or
comments delivered to an
address other than those listed above (see ADDRESSES).
Under certain conditions, BLM can keep your
personal identification
confidential. You must prominently state your request
for
confidentiality at the beginning of your comment. BLM
will consider
withholding your name, street address, and other
identifying
information on a case-by-case basis to the extent
allowed by law. BLM
will make available to the public all submissions from
organizations
and businesses and from individuals identifying
themselves as
representatives or officials of organizations or
businesses.

Discussion of Rules

Certain other prohibited activities were
recommended in the
Recreation Area Management Plan for the Sand Mountain
Recreation Area.
These recommendations subsequently were published as
specific
prohibited acts in the Federal Register on July 1,
1992. These rules
required minor modification and clarification.
Certain other supplementary rules are necessary in
order to provide
for the safety of visitors to the Recreation Areas.
Speed limits are
needed on access roads and in designated camping
areas. Ignition of
fireworks is a violation of State law and a danger to
both persons and
property.
Clarification of existing rules is needed to
protect plant life,
wildlife habitat and historic resources, and due to
increases in public
use we are proposing additional rules. Indiscriminate
vehicle use in
that portion of the Sand Mountain Recreation Area,
where the off-road
vehicle designation is ``limited'', has destroyed
vegetation, caused
harassment of wildlife, and threatens the integrity of
the Sand Springs
Pony Express Station and Desert Study Area.

[[Page 54460]]

These supplementary rules specifically identify those
routes that are
open to vehicle use within this ``limited''
designation area. Rules
regarding the closure of certain lands within the
Recreation Area to
camping were published in the Federal Register on July
1, 1992. This
notice contains a legal description of those lands and
designates the
area of Developed Recreation Site for the Walker Lake
Recreation Area.

Procedural Matters

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
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 supplementary rules
will not create a
serious inconsistency or otherwise interfere with an
action taken or
planned by another agency. These 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.
BLM has determined that the supplementary rules
are categorically
excluded from environmental review under section
102(2)(C) of the
National Environmental Policy Act, pursuant to 516
Departmental Manual
(DM), Chapter 2, Appendix 1. In addition, the
supplementary rules do
not meet any of the 10 criteria for exceptions to
categorical
exclusions listed in 516 DM, Chapter 2, Appendix 2.
Pursuant to Council
on Environmental Quality regulations (40 CFR 1508.4)
and the
environmental policies and procedures of the
Department of the
Interior, the term ``categorical exclusions'' means a
category of
actions which do not individually or cumulatively have
a significant
effect on the human environment and that have found to
have no such
effect in procedures adopted by a Federal agency and
for which neither
an environmental assessment nor an environmental
impact statement is
required.
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. These
supplementary rules are not
a ``major rule'' as defined at 5 U.S.C. 804(2). These
rules are limited
in scope to a small section of public land and are
intended to
establish rules of conduct and acceptable behavior at
the site for the
protection of resources and the visiting public.
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 supplementary
rules have a
significant or unique effect on State, local, or
tribal governments or
the private sector. These supplementary rules do not
require funding or
resources from State, Local, or tribal governments.
These supplementary
rules do not affect private property or property
rights nor are they
intended to deny or constrain any valid existing
right. 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.).
These supplementary rules do not represent a
government action
capable of interfering with constitutionally protected
property rights.
The supplementary rules are applicable only on public
land managed by
the BLM and do not extend to adjacent private
property. No taking of
private property is contemplated in these
supplementary rules.
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.
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. These supplementary
rules are
intended to protect property, resources, and the
visiting public on a
designated area of public land. The scope and effect
of these
supplementary rules are limited to those public
purposes and do not
redefine or impact established governmental
structures,
responsibilities, policies, or procedures. Therefore,
in accordance
with Executive Order 13132, BLM has determined that
these supplementary
rules do not have sufficient Federalism implications
to warrant
preparation of a Federalism Assessment.
Under Executive Order 12988, we have determined
that these
supplementary rules will not unduly burden the
judicial system and that
these supplementary rules meet the requirements of
sections 3(a) and
3(b)(2) of the Order. These supplementary rules have
been written in
plain text and are clearly understandable.
In accordance with Executive Order 13175, we have
found that this
final rule does not include policies that have tribal
implications.
These supplementary rules do not impact tribal lands
nor are they
intended to limit or interfere with any right or
privilege granted to
Native Americans.
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.

Lands Covered by the Supplementary Rules

The public lands affected by these restrictions
are described as
follows:

Sand Mountain Recreation Area

Mt. Diablo Meridian

T. 16 N., R 32 E.,
Sec. 4: Lots 1--4 inclusive, SW\1/4\NE\1/4\,
S\1/2\NW\1/4\, N\1/
2\SW\1/4\, SW\1/4\SW\1/4\;
Sec. 5: Lots 1-4 inclusive, S\1/2\N\1/2\, All
public land north
of U.S. Route 50;
T. 17 N., R 32 E.,
Sec. 15: S\1/2\S\1/2\;
Sec. 16: SE\1/4\SE\1/4\;
Sec. 20: SE\1/4\;
Sec. 21: All
Sec. 22: W\1/2\, NE\1/4\;
Sec. 28: All
Sec. 29: All
Sec. 32: All
Sec. 33: All

Walker Lake Recreation Area

Includes all public land east of U.S. Route 95 to
Walker Lake
within:

Mt. Diablo Meridian

T. 10 N., R 29 E.,
Sec. 5:
Sec. 8:
Sec. 17:
Sec. 20:
Sec. 29:
Sec. 32:

The principal author of these supplementary rules
is Stanley Zuber
of the Carson City Field Office, Bureau of Land
Management, Department
of the Interior.
For the reasons stated in the preamble, and under
the authority of
43 CFR part 8360, sections 8364.1, 8365, 8365.1-2,
8365.1-6 and 8365.2,
the BLM State Director, Nevada, issues the following
supplementary
rules.


[[Page 54461]]


Dated: April 23, 2002.
Jean Rivers-Council,
Acting State Director, Nevada.

Supplementary Rules for the Sand Mountain Recreation
Area

Sec. 1 Motor Vehicle Rules
a. All motorized vehicles, other than those
traveling on maintained
roads, must be equipped with an 8 foot whip mast and a
six (6) inch by
twelve (12) inch solid red or orange colored safety
flag. Flags may be
pennant, triangle, square, or rectangular shape. The
mast must be
securely mounted on the vehicle and extend eight (8)
feet from the
ground to the mast tip when the vehicle is stopped.
Safety flags must
be attached within 10 inches of the tip of the whip
mast with club or
other flags mounted below safety flag or on another
whip.
b. You must not operate any motorized vehicle in
excess of 25 mph
on any maintained road within the Recreation Area, or
in excess of 15
mph within any designated camping area.
c. Within that portion of the Recreation Area
where vehicle use is
designated as ``limited'', there are only two roads
open to motorized
vehicles. These roads are:
(1) The main access road leading from U.S. Route
50 to the
northernmost restroom facility and,
(2) The secondary access road leading from the
main access road to
the parking area near the Sand Springs Pony Express
Station and Desert
Study Area.
d. No person shall drink an alcoholic beverage, or
have in their
possession or on their person any open container that
contains an
alcoholic beverage, while operating in or on a
motorized vehicle.
Sec. 2 Other Restrictions on Recreation Use
a. You must not camp on the following lands, other
than in an area
designated for that purpose:

Mt. Diablo Meridian

T. 17 N., R. 32 E.,
Sec. 28 SW\1/4\:
Sec. 29 E\1/2\SE1/4, W\1/2\SE\1/4\;

b. You must not camp on any other public lands
within the Sand
Mountain Recreation Area in Sec. 5, T.16N, R.32E, or
within one mile of
the boundary of the Recreation Area.
c. You must not operate or use any audio
equipment, such as a
radio, television, musical instrument, or other noise
producing device,
or motorized equipment, between the hours of 12 a.m.
and 6 a.m. in a
manner that makes unreasonable noise that disturbs
other visitors; or
operate or use a public address system without written
authorization
from the Field Office Manager.
d. Persons using the area will be subject to a
user fee.
Sec. 3 Prohibited Acts
You must not:
a. Operate a motorized vehicle in the Recreation
Area without the
attached safety flag as described under Sec. 1 a. of
these
supplementary rules;
b. Operate a motorized vehicle in excess of the
posted speed limit;
c. Drink an alcoholic beverage, or have in your
possession or on
your person any open container that contains an
alcoholic beverage,
while operating in or on a motorized vehicle;
d. Camp outside the designated camping area
described in Sec. 2a.
of these supplementary rules;
e. Discharge any firearms, fireworks, or
projectiles;
f. Make any unreasonable noise that disturbs other
visitors between
the hours of 12 a.m. and 6 a.m. as described in Sec.
2c. of these
supplementary rules;
g. Possess or use any glass cup or bottle, empty
or not, used for
carrying any liquid for drinking purposes;
h. Bring in, dispose of or possess any firewood
containing nails,
screws, or other metal hardware;
i. Dump gray or wastewater at the Recreation Area;
or
j. Use Sand Mountain Recreation Area without
paying the user fee.
Sec. 4 Penalties
Under the Federal Land Policy and Management Act
of 1976 (43 U.S.C.
1733(a)), any person failing to comply with these
supplementary rules
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. 5 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.

Supplementary Rules for the Walker Lake Recreation
Area

Sec. 1 Motor Vehicle Rules
a. No person shall operate any motorized vehicle
in excess of 25
mph on any maintained road within the Recreation Area,
or in excess of
15 mph within any designated camping area.
b. No person shall drink an alcoholic beverage, or
have in their
possession or on their person any open container that
contains an
alcoholic beverage, while operating in or on a
motorized vehicle.
Sec. 2 Developed Recreation Site
The following lands are designated as the
developed recreation site
as defined in 43 CFR 8360.0-5(c). Includes all public
land east of U.S.
Route 95 to Walker Lake within:

Mt. Diablo Meridian

T. 10 N., R 29 E.,
Sec. 29;
Sec. 32:

Rules stated in 43 CFR 8365.2 apply to this area.
Sec. 3 Other Restrictions on Recreation Use
No person shall operate or use any audio
equipment, such as a
radio, television, musical instrument, or other noise
producing device,
or motorized equipment, between the hours of 12 a.m.
and 6 a.m. in a
manner that makes unreasonable noise that disturbs
other visitors; or
operate or use a public address system without written
authorization
from the Field Office Manager.
Sec. 4 Prohibited Acts
You must not:
a. Operate a motorized vehicle in excess of the
posted speed limit;
b. Drink an alcoholic beverage, or have in your
possession or on
your person any open container that contains an
alcoholic beverage,
while operating in or on a motorized vehicle;
c. Discharge any firearms, fireworks, or
projectiles.
f. Make any unreasonable noise that disturbs other
visitors between
the hours of 12 a.m. and 6 a.m. as described in Sec.
6a. of these
supplementary rules.
g. Possess or use any glass cup or bottle, empty
or not, used for
carrying any liquid for drinking purposes;
h. Bring in, dispose of or possess any firewood
containing nails,
screws, and other metal hardware.
i. No dumping of gray or wastewater at Sand
Mountain Recreation
Area.
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 these
supplementary rules
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.

[[Page 54462]]

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.

[FR Doc. 02-21395 Filed 8-21-02; 8:45 am]
BILLING CODE 4310-HC-P

Here are the biggest changes:

Here are the new "Prohibited Acts":
1. Operating without a 8ft. whip flag
2. Operate a motorized vehicle in excess of the posted speed limit (near camps and on access road)
3. Open containers while in/on an OHV
4. Camping outside the designated areas
5. Discharge of firearms & fireworks is prohibited
6. Unreasonable noises from 12AM to 6AM
7. Possess or use any glass cup or bottle, empty or not, used for carrying any liquid for drinking purposes
8. Possession of firewood with nails/screws or metal hardware
9. Dumping of graywater or wastewater
10. Use Sand Mountain Recreation Area without paying the user fee

During the 30 day period, comments regarding the proposed rules should be sent to Chris Miller at the BLM. Obviously, try to make your comments in a polite manner even if you think some of these proposed rules are not logical.

Christina Miller
BLM-Carson City Field Office
5665 Morgan Mill Rd.
Carson City, NV 89701

or

Christina_Miller@nv.blm.gov

More info at: www.SandMountain-NV.org

Originally posted by Crowdog
Here are the biggest changes:

Here are the new "Prohibited Acts":
1. Operating without a 8ft. whip flag
2. Operate a motorized vehicle in excess of the posted speed limit (near camps and on access road)
3. Open containers while in/on an OHV
4. Camping outside the designated areas
5. Discharge of firearms & fireworks is prohibited
6. Unreasonable noises from 12AM to 6AM
7. Possess or use any glass cup or bottle, empty or not, used for carrying any liquid for drinking purposes
8. Possession of firewood with nails/screws or metal hardware
9. Dumping of graywater or wastewater
10. Use Sand Mountain Recreation Area without paying the user fee

More info at: www.SandMountain-NV.org

I've only been to Sand Mountain once, but it seemed like all of those rules were being flagrantly violated. People were ripping through camp, everyone was drunk, there were fights, fireworks, noise 24hrs/day, etc. Hell I think Life Flight came 3 times during the weekend to airlift someone out. I hope things change, for the sake of keeping the place open. :(