[Federal Register Volume 67, Number 239 (Thursday, December 12, 2002)]
[Notices]
[Pages 76414-76417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30991]



[[Page 76414]]

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[AZ-050-02-1232-EB-AZ11; 8371]


Notice of Proposed Supplementary Rules on Public Lands Within all 
Arizona and California Long-Term Visitor Areas

AGENCY: Bureau of Land Management, Interior.

ACTION: Publication of supplementary rules for Long-Term Visitor Areas 
managed by the California Desert District office, California, and the 
Yuma Field Office, Arizona.

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SUMMARY: The Bureau of Land Management (BLM) Yuma Field Office, Palm 
Springs Field Office, and El Centro Field Office are proposing revised 
supplementary rules applying to the Long-Term Visitor Area (LTVA) 
Program. The program, which was instituted in 1983, established 
designated LTVAs and identified an annual long-term use season from 
September 15 to April 15. During the long-term season, visitors who 
wish to camp on public lands in one location for extended periods must 
stay in the designated LTVAs and purchase an LTVA permit. The revised 
supplementary rules are necessary to allow safe accommodation by BLM of 
increasing demand for long-term winter visitation and provide for 
protection of natural resources through improved management.

DATES: Comments on the supplementary rules must be received or 
postmarked by January 13, 2003 to be assured consideration. In 
developing final supplementary rules, BLM may not consider comments 
postmarked or received in person or by electronic mail after this date.

ADDRESSES: Internet e-mail: [email protected]. Mail, personal, or 
messenger delivery: Yuma Field Office, 2555 East Gila Ridge Road, Yuma, 
Arizona 85365 (Attention: Mark Lowans); Palm Springs Field Office, 690 
West Garnet Avenue, North Palm Springs, California 92258 (Attention: 
Anna Atkinson); or El Centro Field Office, 1661 South Fourth Street, El 
Centro, California 92243 (Attention: Bob Haggerty).

FOR FURTHER INFORMATION CONTACT: Mark Lowans, Outdoor Recreation 
Planner, telephone (928) 317-3210; or Anna Atkinson, Outdoor Recreation 
Planner, telephone (760) 251-4800; or Bob Haggerty, Outdoor Recreation 
Planner, telephone (760) 337-4400; or by e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures

    Please submit your comments on issues related to the proposed 
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 reason for any recommended change. When 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 or comments delivered to an 
address other than those listed above.
    BLM will make your comments, including your name and address, 
available for public review at the Yuma Field Office, BLM located at 
2555 Gila Ridge Road, Yuma, Arizona, 85365 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. You may include 
reasons for your request. 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. Discussion of the Supplementary Rules

    These supplementary rules will apply to all lands within designated 
Long-Term Visitor Areas in Arizona and California. The BLM has 
determined these supplementary rules are necessary to protect the 
natural resources and to provide for safe public recreation and public 
health, to reduce the potential for damage to the environment, and to 
enhance the safety of visitors. The purpose of the LTVA program is to 
provide areas for long-term winter camping use. The sites designated as 
LTVAs are, in most cases, the traditional use areas of long-term 
visitors. Designated sites were selected using criteria developed 
during the land management planning process, and BLM wrote 
environmental assessments for each site location.
    The program was established for safe and proper accommodation of 
the increasing demand for long-term winter visitation and for natural 
resource protection through improved management of this use. The 
designation of LTVAs ensures that specific locations are available for 
long-term use year after year, and that inappropriate areas are not 
used for extended periods.
    Visitors may camp without an LTVA permit outside LTVAs, for up to 
14 days in any 28-day period, on public lands not otherwise posted or 
closed to camping.
    The authority for the designation of LTVAs is contained in 43 CFR 
8372.0-3 and 8372.0-5(g). The authority for the establishment of an 
LTVA program is contained in 43 CFR 8372.1. The authority for the 
payment of fees is contained in 36 CFR subpart 71. The authority for 
establishing supplementary rules is contained in 43 CFR 8365.1-6. The 
LTVA supplementary rules have been developed to meet the goals of 
individual resource management plans. These rules will be available in 
each local office having jurisdiction over the lands, sites, or 
facilities affected, and will be posted near and/or within the lands, 
sites, or facilities affected. Violations of supplementary rules are 
punishable by a fine not to exceed $100,000 and/or imprisonment not to 
exceed 12 months.

III. Procedural Information

Executive Order 12866, Regulatory Planning and Review

    These 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. These supplementary rules will not have an 
effect of $100 million or more on the economy. They are directed at the 
effective management of developed Long-Term Visitor 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 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.

[[Page 76415]]

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 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 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 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 
supplementary rules to the addresses specified in the ADDRESSES 
section.

National Environmental Policy Act

    BLM has prepared environmental assessment documents including the 
Yuma Resource Management Plan and Environmental Impact Statement dated 
1988; La Posa Interdisciplinary Management Plan and Environmental 
Assessment dated July 1997; California Desert Conservation Area Plan as 
amended and final Environmental Impact Statement and Proposed Plan 
dated 1980 and has found that the supplementary rules would not 
constitute a major Federal action significantly affecting the quality 
of the human environment under section 102(2)(C) of the National 
Environmental Protection Act of 1969 (NEPA), 42 U.S.C. 4332(2)(C). The 
supplementary rules will enable effective BLM management of its Long-
Term Visitor Areas for the public. BLM has placed the Environmental 
Assessment (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 to the addresses in the ADDRESSES section above.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act of 1980, as 
amended, 5 U.S.C. 601-612, (RFA) 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 contain rules to protect the health and safety of 
individuals, property, and resources on the public lands. Therefore, 
BLM has determined under the RFA that these 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 in SBREFA at 5 U.S.C. 804(2). Again, the supplementary rules 
pertain only to individuals who wish to camp on public lands. In this 
respect, the regulation of such use is necessary to protect the public 
lands, facilities, and those, including small business concessioners, 
who use them. 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 supplementary rules have a 
significant or unique effect on state, local, or tribal government or 
the private sector. The supplementary rules do not require anything of 
state, local, or tribal governments. 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 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 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 apply in Arizona 
and California, and do not address jurisdictional issues involving the 
State governments. 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.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with E.O. 13175, we have found that this final rule 
would not include policies that have tribal implications. The rule 
would not affect lands held for the benefit of Indians, Aleuts, and 
Eskimos. The rule would apply only to persons engaged in long-term 
camping on certain designated public lands in Arizona and California.

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

    This rule is not a significant energy action. It will not have an 
adverse effect on energy supplies. It will have no discernible effect 
on the production or sale of energy minerals, and any effect on the 
consumption of such minerals, either in manufacturing camping and 
mobile home or trailer equipment or traveling to LTVA areas, will be 
imperceptible, since the provision should not have a measurable effect 
on either activity.

Paperwork Reduction Act

    The 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 Mervin G. Boyd 
of the Yuma, Arizona, Field Office, assisted by Ted Hudson of the 
Regulatory Affairs Group, Washington Office, BLM.
    For the reasons stated in the Preamble, and under the authority of 
43

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CFR 8365.1-6, the Bureau of Land Management proposes supplementary 
rules for public lands in Arizona and California, to read as follows:

    Dated: July 19, 2002.
Carl Rountree,
State Director, Arizona.
James Wesley Abbott,
Acting State Director, California.

Supplementary Rules on Use of Long-Term Visitor Areas in Arizona and 
California

    The following are the supplemental rules for the designated Long 
Term Visitor Areas (LTVAs) and are in addition to rules of conduct set 
forth in 43 CFR subpart 8365. The supplemental rules apply year-long to 
all public land users who enter the LTVAs.

Sec. 1 Permit Requirements and Fees

    You must have a permit to camp in a designated LTVA between 
September 15 and April 15. The permit authorizes you to camp within any 
designated LTVA using those camping or dwelling unit(s) indicated on 
the permit between the period from September 15 to April 15. There are 
two types of permits: Long-term and Short-visit. The long-term permit 
fee is $125.00, U.S. funds only, for the entire season and any part of 
the season. The short-term permit is $25.00, U.S. funds only, for 14 
consecutive days. The short-visit permit may be renewed an unlimited 
number of times for the cost of $25.00 for 14 consecutive days. BLM 
will not refund permit fees.

Sec. 2 Displaying the Permit

    To make it valid, at the time of purchase, you must affix your 
short-visit permit decal or long-term permit decal, using the adhesive 
backing, to the bottom right-hand corner of the windshield of all 
transportation vehicles and in a clearly visible location on all 
camping units. You may use no more than 2 secondary vehicles within the 
LTVA.

Sec. 3 Permit Transfers

    You may not reassign or transfer your permit.

Sec. 4 Permit Revocation

    An authorized BLM officer may revoke, without reimbursement, your 
LTVA permit if you violate any BLM rule or regulation, or if your 
conduct or that of your family or guest is inconsistent with the goal 
of BLM's LTVA Program. Failure to return any LTVA permit to an 
authorized BLM officer upon demand is a violation of these 
supplementary rules. If BLM revokes your permit, you must remove all of 
your property and leave the LTVA system within 12 hours of notice, and 
you may not enter any other LTVA in Arizona or California for the 
remainder of the LTVA season.

Sec. 5 Unoccupied Camping Units

    Do not leave your LTVA camping unit or campsite unoccupied for a 
period of greater than 5 days unless an authorized BLM officer approves 
in advance.

Sec. 6 Parking

    For your safety and privacy, you must maintain a minimum of 15 feet 
of space between dwelling units.

Sec. 7 Removal of Wheels and Campers

    Campers, trailers, and other dwelling units must remain mobile. 
Wheels must remain on all wheeled vehicles. You may set trailers and 
pickup campers on jacks manufactured for that purpose.

Sec. 8 Quiet Hours

    Quiet hours are from 10 p.m. to 6 a.m. under applicable state time 
zone standards, or as otherwise posted.

Sec. 9 Noise

    Do not operate audio devices or motorized equipment, including 
generators, in a manner that makes unreasonable noise as determined by 
the authorized BLM officer. Outdoor amplified music is allowed only 
within La Posa and Imperial Dam LTVAs and only in locations designated 
by BLM and when approved in advance by an authorized BLM officer.

Sec. 10 Access

    Do not block roads or trails commonly in public use with your 
parked vehicles, stones, wooden barricades, or by any other means.

Sec. 11 Structures and Landscaping

    a. Fixed fences, dog runs, storage units, windbreaks, and other 
such structures are prohibited. Temporary structures of these types 
must conform to posted policies.
    b. Do not alter the natural landscape by painting rocks or defacing 
or damaging any natural or archaeological feature.

Sec. 12 Livestock

    Do not board or keep livestock (horses, cattle, sheep, goats, etc.) 
within LTVA boundaries, unless an authorized BLM officer approves in 
advance.

Sec. 13 Pets

    Pets must be kept on a leash at all times. Keep an eye on your 
pets. Unattended and unwatched pets may fall prey to coyotes or other 
desert predators. You are responsible for clean-up and sanitary 
disposal of your pet's waste.

Sec. 14 Cultural Resources

    Do not disturb any archaeological or historical values, including, 
but not limited to, petroglyphs, ruins, historic buildings, and 
artifacts that may occur on public lands.

Sec. 15 Trash

    You must place all trash in designated receptacles. Public trash 
facilities are shown in the LTVA brochure. Do not deposit trash or 
holding-tank sewage in vault toilets. An LTVA permit is required for 
trash disposal within all LTVA campgrounds. You may not change motor 
oil, vehicular fluids, or dispose of or possess these used substances 
within an LTVA.

Sec. 16 Dumping

    Do not dump sewage, gray water, or garbage on the ground. This 
includes motor oil and any other waste products. Federal, state, and 
county sanitation laws and county ordinance specifically prohibit these 
practices. Sanitary dump station locations are shown in the LTVA 
brochure. You must have an LTVA permit for dumping within all LTVA 
campgrounds.

Sec. 17 Self-Contained Vehicles

    a. In Pilot Knob, Midland, Tamarisk, and Hot Springs LTVAs, you may 
camp only in self-contained camping units. The La Posa, Imperial Dam, 
and Mule Mountain LTVAs are restricted to self-contained camping units, 
except within 500 feet of a vault or rest room.
    b. Self-contained camping units must have a permanent, affixed 
waste water holding tank of 10-gallon minimum capacity. BLM does not 
consider port-a-potty systems, or systems that utilize portable holding 
tanks or permanent holding tanks of less than 10-gallon capacity, to be 
self-contained.

Sec. 18 Campfires

    You may have campfires in LTVAs, subject to all local, state, and 
Federal regulations. You must comply with posted rules.

Sec. 19 Wood Collection

    Do not collect wood within LTVAs. You may not possess native 
firewood (i.e., mesquite, ironwood, palo verde) within LTVAs. Please 
contact the nearest BLM office for current regulations concerning wood 
collection.

Sec. 20 Speed Limit

    The speed limit in LTVAs is 15 miles per hour or as otherwise 
posted.

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Sec. 21 Off-Highway Vehicle Use

    Motorized vehicles must remain on existing roads, trails, and 
washes.

Sec. 22 Vehicle Use

    Do not operate any vehicle in violation of state or local laws and 
regulations relating to use, standards, registration, operation, and 
inspection.

Sec. 23 Firearms

    Do not discharge or otherwise use firearms or weapons inside or 
within \1/2\ mile of LTVAs.

Sec. 24 Vending Permits

    You must have a vending permit to carry on any commercial activity. 
Please contact the nearest BLM office for information on vending or 
concession permits.

Sec. 25 Aircraft Use

    Do not land or take off in aircraft, including ultralights and hot 
air balloons, in LTVAs.

Sec. 26 Perimeter Camping

    Do not camp within 1 mile outside the boundaries of Hot Springs, 
Tamarisk, and Pilot Knob LTVAs and within 2 miles outside the boundary 
of Midland LTVA.

Sec. 27 Hot Springs Spa and Day Use Area

    Do not consume, possess, or use food, beverages, glass containers, 
soap, pets, or motorized vehicles within the fenced-in area at the Hot 
Springs Spa. Day use hours are 5 a.m. to midnight.

Sec. 28 Mule Mountain LTVA

    You may camp only at designated sites within Wiley's Well and Coon 
Hollow campgrounds. You may have only one (1) camping or dwelling unit 
per site.

Sec. 29 Imperial Dam and La Posa LTVAs

    Do not camp overnight in desert washes in Imperial Dam and La Posa 
LTVAs.

Sec. 30 La Posa LTVA

    You may enter La Posa LTVA only by legal access roads along U.S. 
Highway 95. Do not create or use any other access points. Do not remove 
or modify barricades, such as fences, ditches, and berms.

Sec. 31 Posted Rules

    You must observe and obey all posted rules. Individual LTVAs may 
have additional specific rules in addition to these supplementary 
rules. If posted rules differ from these supplementary rules, the 
posted rules take precedence.

Sec. 32 Other Laws

    If you hold an LTVA permit, you must observe and obey all Federal, 
state, and local laws and regulations applicable to the LTVA.

Sec. 33 Campsite Maintenance

    You must keep the LTVA and, specifically, your campsite, in a neat, 
orderly, and sanitary condition.

Sec. 34 Length of Stay

    Between April 16 and September 14, you may stay in an LTVA only 14 
days in any 28-day period. After your 14th day of occupation at an 
LTVA, you must move outside of a 25-mile radius of that LTVA.

Sec. 35 Penalties

    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, BLM may revoke 
your LTVA permit, and 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. 02-30991 Filed 12-11-02; 8:45 am]
BILLING CODE 4310-32-P