[Federal Register Volume 66, Number 223 (Monday, November 19, 2001)]
[Notices]
[Pages 57982-57985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28768]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CA-067-1220-NO]


Notice of Interim Final Supplementary Rules on BLM Administered 
Public Lands Within the Imperial Sand Dunes Recreation Area

AGENCY: Bureau of Land Management, El Centro Field Office, California 
Desert District, California State Office, Interior.

ACTION: Interim final supplementary rules for BLM-administered public 
lands within the Imperial Sand Dunes Recreation Area, Imperial County, 
California.

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SUMMARY: The Bureau of Land Management's El Centro Field Office (BLM) 
is publishing interim final supplementary rules. These supplementary 
rules will apply to the Public Lands within the Imperial San Dunes 
Recreation Area.
    The interim final supplementary rules promulgated in this notice 
include prohibitions of three specific activities and types of 
activities:
    1. Public nudity on Public Lands within the Imperial Sand Dune 
Recreation Area.
    2. Unauthorized organized activities, including musical events and 
band concerts, shows, organized parties.
    3. Riding in open truckbeds or other situations where there are no 
proper means of securing passengers.
    These supplementary rules are necessary for the protection of the 
public health and safety, and of the public lands and their resources.

DATES: The interim final supplementary rules will be effective on 
November 19, 2001, and will remain in effect until publication of final 
supplementary rules. We will accept comments and publish final 
supplementary rules that respond to comments. Public comments will be 
accepted until December 19, 2001. In developing final supplementary 
rules, BLM may not consider comments postmarked or received in person 
or by electronic mail after this date.

ADDRESSES: You may hand-deliver comments on the interim final 
supplementary rules to the originating office; Bureau of Land 
Management, El Centro Field Office Manager, 1661 South 4th Street, El 
Centro, CA, 92243 or mail comments to the same address. You may also 
comment via the Internet to: [email protected].

FOR FURTHER INFORMATION CONTACT: Greg Thomsen, El Centro Field Office 
Manager, 1661 South 4th Street, El Centro, CA, 92243, or telephone 
(760) 337-4400.

[[Page 57983]]


SUPPLEMENTARY INFORMATION:

Public Comment Procedures

    Your comments on the interim final supplementary rules should be 
specific, should be confined to issues pertinent to the interim final 
supplementary rules, and should explain the reason for any recommended 
change. Where possible, your comments should reference the specific 
section or paragraph of the proposal that you are addressing. BLM may 
not necessarily consider or include in the Administrative Record for 
the final supplementary rules comments that BLM receives after the 
close of the comment period (see DATES) or comments delivered to an 
address other than those listed above (see ADDRESSES).
    BLM will make your comments, including your name and address, 
available for public review at the El Centro Field Office of BLM 
address listed in ADDRESSES above during regular business hours (7:45 
a.m. to 4:30 p.m., Monday through Friday, except Federal holidays).
    Under certain conditions, BLM can keep your personal information 
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.

II. Background

    The Imperial Sand Dunes, sometimes called the Algodones Dunes, are 
the largest mass of sand dunes in California. The dune system extends 
for more than 40 miles along the eastern edge of the Imperial Valley in 
southeastern Imperial County, California. The Imperial Sand Dunes 
encompass the most intensively visited recreational area in the 
California Desert Conservation Area. The area is a popular destination 
for a variety of recreational activities, with primary focus on the 
operation of Off Highway Vehicles (OHV) and camping.
    For the past 30 years, the Imperial Sand Dunes has been the 
premiere OHV recreation area in California. Over the past few years, 
BLM staff have witnessed a significant increase in visitation because 
of the area's close proximity to the metropolitan areas of southern 
California and Arizona. The population growth of both southern 
California and Arizona has been a significant factor in this increased 
visitation at the ISDRA. Increased visitation is also due in part to 
the increase in sales of all-terrain vehicles and dune buggies.
    In Fiscal Year 2001, annual visitation at the ISDRA was estimated 
at about 700,000 visitors. Visitation is highest between October and 
May when the area receives thousands of OHV recreationists due to the 
warm winter temperatures of the California Desert. BLM estimates that 
visitation is sometimes greater than 70,000 visitors on weekends, 
especially major holiday weekends. During the high-use season, visits 
usually average two to four days, and the area is utilized both day and 
night by OHV recreationists.
    In recent years, a relatively small population of the dune 
recreationists have engaged in a series of activities that seriously 
threaten public health and safety for visitors to the ISDRA, volunteer 
staff, park rangers, and BLM law enforcement officers. Specifically, 
there have been frequent complaints from visitors about drug and 
alcohol abuse, and associated lawless and unruly behavior by some 
visitors, especially at night. In the past, these abuses have 
culminated in assaults, fights, and general increase in lawless 
behavior, especially by groups and individuals not associated with the 
historic OHV recreation at the ISDRA.
    BLM has been aggressively taking actions that are aimed at 
addressing the lawlessness in order to maintain a safe environment for 
the thousands of legitimate recreational visitors at the ISDRA. The 
proposed three supplemental rules will provide BLM law enforcement 
officers proactive tools to address significant law enforcement issues 
at the ISDRA.

III. Discussion of the Supplementary Rules

    These supplementary rules will apply to the public lands within the 
Imperial Sand Dunes Recreation Area (ISDRA), managed by the Bureau of 
Land Management. BLM has determined these supplementary rules necessary 
for the protection of persons, property, and public lands and 
resources. Our objective is to provide a quality recreational 
experience to the general public, with minimal conflicts among users, 
and to prevent degradation of the public lands and resources. To 
accomplish this objective, we are promulgating these supplementary 
rules, which are directed to enable early proactive response to public 
activities which can lead to unruly group behavior. The goal is a 
reduction of these types of activities that threaten public safety to 
other visitors and staff of the ISDRA. The supplementary rules are not 
directed at the vast majority of the visitors who are attempting to 
pursue lawful and legitimate activities on the public lands.
    The supplementary rules cover activities that seem to be at the 
core of many disturbances in the past. Summarized, the supplementary 
rules include the following three prohibitions:
    1. Prohibition of public nudity on Public Lands within the Imperial 
Sand Dune Recreation Area.
    2. Prohibition of unauthorized use or organized activities, 
including musical events and band concerts, shows, organized parties.
    3. Prohibition of riding in open truckbeds or other situations 
where there are no proper means of securing passengers.
    The public has demonstrated intense interest, over several decades, 
in many issues involved with management of ISDRA. This interest has 
been manifested over the last several years, in an increasingly 
collaborative approach to solving management issues in cooperation with 
the public. There is strong support for increased law enforcement at 
ISDRA, and timely implementation of these regulations is a critical 
step in meeting the public expectations to provide for health and 
safety among recreational users.
    BLM finds good cause to publish these supplementary rules effective 
the date of publication, without prior notice and opportunity for 
public comment. Historically, weekends during the fall and winter 
season are the busiest periods, particularly holiday weekends, with the 
busiest such weekend being the Thanksgiving Day weekend. The situation 
has escalated over the past several years, with activities during the 
1999 Thanksgiving Day weekend almost leading to a full scale riot, with 
members of the public and Federal and state law enforcement officers 
put at serious risk. It is essential that these interim final 
supplementary rules be in place by Thanksgiving 2001. These rules have 
been in development as an aftermath to the investigation of the 1999 
Thanksgiving Day disturbances at ISDRA.

IV. 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

[[Page 57984]]

effect of $100 million or more on the economy. They are not intended to 
affect commercial activity, but rather the safety of people and natural 
resources on certain public lands. 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. The supplementary rules do 
not 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. While the supplementary rules 
are directed in part at exercises of First Amendment rights of public 
expression, and therefore are subject to careful scrutiny, there are 
ample precedents at all levels of government for requiring permits for 
concerts, parades, and other similar gatherings and activities.

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 interim final supplementary rules easier to understand, 
including answers to questions such as the following:
    (1) Are the requirements in the interim final supplementary rules 
clearly stated?
    (2) Do the interim final supplementary rules contain technical 
language or jargon that interferes with their clarity?
    (3) Does the format of the interim final 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? (A ``section'' appears 
in bold type and is preceded by the abbreviation ``Sec.'' and a 
numbered heading, for example, ``Sec. 2 Under what authorities does BLM 
promulgate these Supplementary Rules?'')
    (5) Is the description of the interim final supplementary rules in 
the SUPPLEMENTARY INFORMATION section of this preamble helpful in 
understanding the interim final 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 
supplementary rules to the address specified in the ADDRESSES section.

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. The supplementary rules do not 
pertain specifically to commercial or governmental entities of any 
size. 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 supplementary rules do not constitute a ``major rule'' as 
defined at 5 U.S.C. 804(2). Again, the supplementary rules pertain only 
to public and private organizations, groups, and individuals who wish 
to stage musical performances and to recreate on the public lands and 
facilities of the Imperial Sand Dunes Recreation Area. In this respect, 
the regulation of these activities is limited to that necessary to 
protect the public lands and facilities and those, including small 
business concessioners and outfitters, who use them. The supplementary 
rules have no significant effect on business--commercial or 
industrial--use of the public lands, other than the requirement to 
secure an advance permit. Promoters of impromptu unpermitted concerts, 
competitive and similar events, and video producers, that would be 
proscribed by these supplementary rules would have to obtain permits 
under BLM's recreation permit regulations or general permit 
regulations, incurring the costs applicable under those regulations.

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 interim final 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 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 provide that certain property may be seized and 
held as evidence, but only as part of a due process procedure under the 
Fourth Amendment. 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, California, and do not address jurisdictional issues 
involving the State government. Therefore, in accordance with Executive 
Order 13132, BLM has determined that these interim final 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 interim final supplementary rules would not 
unduly burden the judicial system and that it meets 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, we have found that this 
final rule does not include policies that have tribal implications. The 
rules affect only recreationists on public land in one National 
Recreation Area in California, and prohibit certain activities and 
regulate others. These activities, while Indians may participate in 
them, are not activities peculiar to Indians or Indian tribes.

Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use (E.O. 13211)

    This rule is not a significant energy action. It will not have an 
adverse effect

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on energy supplies. The rule applies only to recreation-related 
activities on public lands in a recreation area in California.

Paperwork Reduction Act

    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.

Author

    The principal authors of these supplementary rules are Gregory 
Thomsen, El Centro Field Office Manager, CA, and James Keeler, National 
Off-highway Vehicle Coordinator, Washington DC Office, assisted by Mark 
Conley, Outdoor Recreation Planner, of the California State Office, and 
Ted Hudson of the Regulatory Affairs Group, Washington Office.
    For the reasons stated in the Preamble, and under the authority of 
43 CFR 8365.1-6, the California State Director, Bureau of Land 
Management, issues supplementary rules for the Imperial Sand Dunes 
Recreation Area, to read as follows:

    Dated: November 6, 2001.
Mike Pool,
State Director.

Supplementary Rules for Imperial Sand Dunes Recreation Area

Sec.
1  Why is BLM promulgating these Supplementary Rules?
2  Under what authorities does BLM promulgate these Supplementary 
Rules?
3  Definitions.
4  To what lands do these supplementary rules apply?
5  Prohibited acts.
6  What are the penalties for violations of these rules?

Sec. 1  Why is BLM promulgating these supplementary rules?

    These supplementary rules are necessary to protect natural 
resources and the public health and safety on public lands at the 
Imperial Sand Dunes Recreation Area.

Sec. 2  Under what authority does BLM promulgate these 
supplementary rules?

    43 CFR 8365.1-6, issued under section 303 of the Federal Land 
Policy and Management Act (43 U.S.C. 1733), authorizes BLM State 
Directors to issue supplementary rules that may provide for the 
protection of persons, property, and public lands and resources.

Sec. 3  Definitions.

    As used in these supplementary rules the term:
    ``Unauthorized organized activity'' means the staging or playing of 
videos or movies, playing of recorded music through a public address 
system or a live band or exhibition, to or before an assembly or 
audience consisting of at least 20 people or spectators in any public 
place or in any place exposed to public view, regardless of profit, 
without a land use or special recreation permit.
    ``Land use permit'' means a permit issued under the authority of 43 
CFR 2920.1-1 by BLM Field Offices.
    ``Special Recreation Permit'' means a permit issued under the 
authority of 43 CFR 8372.1 by BLM Field Offices.
    ``Public nudity'' means being nude in any place where a person may 
be observed by another person. Any person is nude if the person has 
failed to cover the rectal area, pubic area, or genitals. A female 
person is also nude if she has failed to cover both breasts below a 
point immediately above the top of the areola. Each such covering must 
be fully opaque.
    ``Stage'' means to organize and present an event or performance for 
public viewing.

Sec. 4  To what lands do these supplementary rules apply?

    BLM will enforce the following rules on the public lands within the 
Imperial Sand Dunes Recreation Area, Imperial County, California.

Sec. 5  Prohibited acts.

    a. Public nudity. Within the Imperial Sand Dunes Recreation Area, 
you may not engage in public nudity in any public place, in any place 
exposed to public view, or any place open to the public.
    b. Unauthorized organized activities.
    1. You may not stage, carry out, participate in, or sponsor an 
unauthorized organized event on public lands within the Imperial Sand 
Dunes Recreation Area.
    2. BLM may seize, store as evidence, and properly dispose of any 
vehicles or equipment used in unauthorized organized activities under 
paragraph b.1. of this section.
    c. Riding in pickup beds and other unsafe activities. 1. You may 
not transport any person in or on the back of a pickup truck or a 
flatbed motortruck on or off a highway.
    2. You may not ride in or on the back of a pickup truck or flatbed 
motortruck being driven on or off a highway.
    3. You may not carry passengers on or off highway in or on any part 
of a motor vehicle not designed for passengers.
    4. You may not ride as a passenger on or off highway in or on any 
part of a motor vehicle not designed for passengers.

Sec. 6  What are the penalties for violations of these rules?

    Under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1733(a)), if you knowingly and willfully violate or fail to comply with 
any of the supplementary rules provided in this notice, you may be 
subject to a fine under 18 U.S.C. 3571 or other penalties in accordance 
with 43 U.S.C. 1733.

[FR Doc. 01-28768 Filed 11-16-01; 8:45 am]
BILLING CODE 4310-33-P