[Federal Register Volume 69, Number 21 (Monday, February 2, 2004)]
[Notices]
[Pages 4976-4979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2057]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[AZ-050-03-1232-EB-AZ11; 8371]


Notice of Final 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 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 publishing 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.

EFFECTIVE DATE: March 3, 2004.

ADDRESSES: You may direct inquiries or suggestions to the following: 
Internet e-mail: [email protected]. Mail, personal, or messenger 
delivery: Yuma Field Office, 2555 Gila Ridge Road, Yuma, AZ 85365 
(Attention: Mark Lowans); Palm Springs Field Office, P.O. Box 581260 
(690 West Garnet Ave.), North Palm Springs, CA 92258 (Attention: Mona 
Daniels); or El Centro Field Office, 1661 South 4th Street, El Centro, 
CA 92243 (Attention: Dallas Meeks).

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

SUPPLEMENTARY INFORMATION: 

I. Background

    The proposed supplementary rules were published in the Federal 
Register on December 12, 2002 (67 FR 76414), allowing 30 days for 
public comment. BLM received no public comments on the proposed 
supplementary rules. Therefore, we are publishing these supplementary 
rules in final form unchanged from the proposal.

II. Discussion of the Supplementary Rules

    These supplementary rules 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 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 are available in 
each local office having jurisdiction over the lands, sites, or 
facilities affected, and are 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, as 
provided in Section 303 of the Federal Land Policy and Management Act 
(43 U.S.C. 1733), and the Sentencing Reform Act (18 U.S.C. 3571).
    Upon internal review of the proposed supplementary rules, we have 
made a few changes in the supplementary rules.
    We have amended Section 1 to adjust the fees you must pay for LTVA 
permits. As a result of the increasing program costs each year for the 
LTVAs, we have raised the fees from $125.00 to $140.00 for the long-
term permit and from $25.00 to $30.00 for the short-term permit and 
each 14-day renewal of a short-term permit.
    We have amended Section 4, Permit Revocation, to include misconduct 
of your pets as grounds for revocation of your permit, in order to 
protect the health, safety, and welfare of other visitors.
    We have revised Section 12, Livestock, to read ``No boarding or 
keeping livestock (horses, cattle, sheep, goats, etc.) within LTVA 
boundaries is permitted.'' This change is intended to remove the health 
concerns that have arisen when livestock have been boarded in close 
proximity with campers for extended periods of time.
    Section 25, Aircraft Use, has been modified to read ``Do not land 
or take off an aircraft, including ultralights and hot air balloons, in 
LTVAs, unless an authorized BLM officer approves in advance.'' This 
rule was originally too restrictive and ambiguous in its structure. 
Adding the last phrase provides the BLM with the latitude of

[[Page 4977]]

authorizing access for emergency aircraft if ever needed.
    Section 26, Perimeter Camping, has been modified to reduce the 2-
mile restriction on camping outside Midland LTVA to 1 mile. We have 
determined that the broader buffer zone is unnecessary.
    In addition, we have corrected editorial and typographical errors 
that appeared in the proposed supplementary rules.

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 
do 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.

National Environmental Policy Act

    BLM has prepared environmental assessment documents including the 
Yuma District 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 do not constitute a major Federal action 
significantly affecting the quality of the human environment under 
section 102(2)(C) of the National Environmental Policy Act of 1969 
(NEPA), 42 U.S.C. 4332(2)(C). The supplementary rules 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 first address specified in the ADDRESSES section.

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 do 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 concessionaires, 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 
do 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, but do not address jurisdictional issues involving 
those 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 these final 
supplementary rules do not include policies that have tribal 
implications. Since the rules do not change BLM policy and do not 
involve Indian trust lands or resources, we have determined that the 
government-to-government relationships should remain unaffected.

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

    These final supplementary rules do not comprise a significant 
energy action. The rules will not have an adverse effect on energy 
supplies, production, or consumption. They merely establish rules of 
conduct for certain visitor areas.

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 CFR 8365.1-6, the Bureau of Land Management promulgates 
supplementary rules for public lands in

[[Page 4978]]

Arizona and California, to read as follows:

    Dated: December 12, 2003.
Elaine Y. Zielinski,
State Director, Arizona.
Mike Pool,
State Director, California.

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

    The following are the supplementary 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 supplementary rules 
apply year-long to all public land users who enter the LTVAs.

Sec.1. The 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 $140.00, U.S. funds only, for the entire 
season and any part of the season. The short-term permit is $30.00, 
U.S. funds only, for 14 consecutive days. The short-visit permit may 
be renewed an unlimited number of times for the cost of $30.00 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, guest, or pets 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 more 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.

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 ordinances 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 toilet 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.

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 an aircraft, including ultralights and 
hot air balloons, in LTVAs, unless an authorized BLM officer 
approves in advance.

Sec. 26. Perimeter Camping

    Do not camp within 1 mile outside the boundaries of Hot Spring, 
Tamarisk, Pilot Knob, and Midland LTVAs.

Sec. 27. Hot Spring 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.

[[Page 4979]]

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 at 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. 04-2057 Filed 1-30-04; 8:45 am]
BILLING CODE 4310-32-P