[Federal Register Volume 69, Number 183 (Wednesday, September 22, 2004)]
[Notices]
[Pages 56785-56787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21261]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CA 670 1232 FH]


Final Supplementary Rules on Public Land in California

AGENCY: Bureau of Land Management, Interior.

ACTION: Final supplementary rules for payment of special recreation 
permit fees immediately upon arrival at the Imperial Sand Dunes 
Recreation Area.

-----------------------------------------------------------------------

SUMMARY: This notice contains final supplementary rules which will 
apply to the public lands within the El Centro Resource Field Office, 
California Desert District, Imperial County, California. The Bureau of 
Land Management's (BLM) El Centro Field Office will be enforcing the 
new supplementary rules. The supplementary rules require the payment of 
special recreation permit fees immediately upon arrival at the Imperial 
Sand Dunes Recreation Area. Any primary vehicle while on public lands 
within the Planning Area Boundary or the recreation area must display a 
weekly or seasonal permit for the areas identified above. The 
definition of a primary vehicle is described in the Federal Register, 
Vol. 63, No. 242 on Thursday, December 17, 1998, page 69,647, paragraph 
3. It stated ``A primary transportation vehicle is a street legal 
vehicle used for transportation to the site.'' The rules are to enhance 
the Imperial Sand Dunes Recreation Fee Program and provide revenue for 
resource protection, and for public health and safety.

EFFECTIVE DATE: The final rules are effective on September 22, 2004.

ADDRESSES: Mail: Bureau of Land Management, El Centro Field Office, 
1661 S. 4th St., El Centro, CA 92243.
    Personal or messenger delivery: Bureau of Land Management, El 
Centro Field Office, 1661 S. 4th St., El Centro, CA 92243.
    Internet e-mail: [email protected].

FOR FURTHER INFORMATION CONTACT: Neil Hamada, Dunes Manager, Imperial 
Sand Dunes Recreation Area, Bureau of Land Management, El Centro Field 
Office, 1661 S. 4th St., El Centro, CA 92243, (760) 337-4451.

SUPPLEMENTARY INFORMATION:

I. Comments

    The proposed supplementary rule was published on November 20, 2003 
[68 FR 65471] informing the public that comments on the rule were due 
on December 22, 2003. The BLM received nine letters. Some of these 
letters contained comments on several issues. The following is a 
summary of the comments:
     Six comments were beyond the scope of this proposed rule.
     Four comments stated that purchasing the passes was 
inconvenient.

--BLM Response--BLM has established off site sale for visitor 
convenience.

     One comment stated that first time visitors will not know 
where to purchase passes.

--BLM Response--Signs are located along all the major entry points.

     Three comments opposed the rule.

--BLM Response--Comment noted.

     One comment stated that the rule will cause traffic 
congestion.

--BLM Response--The rule's implementation will not change current 
traffic patterns or add additional congestion. The BLM will continue to 
enfore permit compliance in the same manner, through check points and 
campsite visits. The BLM does not plan to changes any activities to 
alter traffic patterns.

     One comment wanted to keep the current rule.

--BLM Response--The rule is needed to enhance fee compliance to provide 
revenue for resource protection, and for public health and safety. The 
current rule allows visitors a 30 minute grace period before purchasing 
a permit. Due to the high levels of visitation (over one million

[[Page 56786]]

per year), it is inefficient for law enforcement wait 30 minutes for 
each visitor to comply with the permit regulations. The new rule will 
allow law enforcement to efficiently enforce permit compliance as 
visitors arrive at fee checkpoints.

II. Background

    These supplementary rules are consistent with the preferred 
alternative in the Imperial Sand Dunes Recreation Area Management Plan 
(RAMP). Special Recreation Permit fees were initially implemented in 
January 1999. Supplementary rules were published on December 17, 1998 
[63 FR 69646] establishing those fees. These additional proposed 
supplementary rules were published in the Federal Register on November 
20, 2003 [68 FR 65471] to clarify the existing rules, and are to be 
appended to the 1998 supplementary rules.

III. Discussion of Supplementary Rules

    The BLM has regularly recorded over one million visits to the Dunes 
on an annual basis. Implementing these supplementary rules would 
require the payment of special recreation permit fees immediately upon 
arrival at the Imperial Sand Dunes Recreation Area. Any primary vehicle 
while on public lands within the Planning Area Boundary or the 
recreation area will be required to display a weekly or seasonal permit 
for these areas. The supplementary rules are consistent with the 
preferred alternative in the Imperial Sand Dunes RAMP, and only clarify 
when the public needs to pay their special recreation permit fee. The 
RAMP's objectives are to provide the public a safe and enjoyable 
experience while visiting the dunes and to protect the BLM employees 
and volunteers maintaining the natural resources. The goals are to 
reduce or eliminate assaults, drug use, driving under the influence of 
drugs or alcohol, theft, and any unruly behavior that may lead to any 
of these, and to encourage users to obey all safety rules and 
regulations, so as to prevent accidents. The implementation of special 
recreation permit fees in the dunes will provide the resources 
necessary to meet these goals and objectives.
    These supplementary rules will apply to the public lands within the 
area identified in the Imperial Sand Dunes Recreation Area Management 
Plan as the Planning Area Boundary, Mammoth Wash Management Area, North 
Algodones Dunes Wilderness Management Area, Gecko Management Area, 
Glamis Management Area, Adaptive Management Area, Ogilby Management 
Area, Dune Buggy Flats Management Area, and the Buttercup Management 
Area. BLM has determined these supplementary rules are necessary to 
enhance the Imperial Sand Dunes Recreation Fee Program and to provide 
revenue for resource protection and for public health and safety.

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 
effect of $100 million or more on the economy. They are not intended to 
affect commercial activity, but merely clarify when a fee that is 
already charged must be paid.
    The supplementary rules 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. The proposed supplementary rules will not create a serious 
inconsistency or otherwise interfere with an action taken or planned by 
another agency. The supplementary rules will not alter the budgetary 
effects of entitlements, grants, user fees, or loan programs or the 
right or obligations of their recipients; nor will they raise novel 
legal or policy issues.

National Environmental Policy Act

    BLM has determined that these final supplementary rules requiring 
the payment of special recreation permit fees immediately upon arrival 
at Imperial Sand Dunes Recreation Area and certain other locations are 
purely administrative in nature. Therefore, they 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 proposed 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 that do not 
individually or cumulatively have a significant effect on the human 
environment, that have been 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.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act (RFA) 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 rule does not 
pertain specifically to commercial or governmental entities of any 
size, but to public recreational use of specific public lands. It 
merely makes clear when a fee that is already charged must be paid. 
Therefore, BLM has determined under the RFA that the final 
supplementary rule would not have a significant economic impact on a 
substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    The supplementary rules do not constitute a ``major rule'' as 
defined at 5 U.S.C. 804(2). Again, the supplementary rules merely 
clarify when a fee that is already charged must be paid. The 
supplementary rules have no effect on business--commercial or 
industrial--use of the public lands.

Executive Order 12630, Governmental Actions and Interference With 
Constitutionally Protected Property Rights (Takings)

    The final supplementary rules do not represent a government action 
capable of interfering with constitutionally protected property rights. 
They merely clarify when a fee that is already charged must be paid. 
Therefore, the Department of the Interior has determined that the final 
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 final 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. They merely clarify when a fee that is 
already charged must be paid. Therefore, in accordance with Executive 
Order 13132, BLM has determined that these final rules do not have 
sufficient Federalism

[[Page 56787]]

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 final 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 [Replaces Executive Order 13084]

    In accordance with Executive Order 13175, we have found that the 
final supplementary rules do no include policies that have tribal 
implications. They merely clarify when a fee that is already charged 
must be paid.

Paperwork Reduction Act

    These final 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 the final rules is Chief Area Ranger Robert 
Zimmer, Bureau of Land Management, El Centro Field Office, California. 
Final Rules for Payment of Special Recreation Permit Fees Immediately 
Upon Arrival at the Imperial Sand Dunes Recreation Area Under 43 CFR 
8365.1-8365.6, the Bureau of Land Management will enforce the following 
final rules on the public lands within the area identified as defined 
in the Imperial Sand Dunes Recreation Area Management Plan as the 
Planning Area Boundary, Mammoth Wash Management Area, North Algodones 
Dunes Wilderness Management Area, Gecko Management Area, Glamis 
Management Area, Adaptive Management Area, Ogilby Management Area, Dune 
Buggy Flats Management Area, and the Buttercup Management Area. These 
lands are within the Imperial Sand Dunes Special Recreation Management 
Area within the lands managed by the El Centro Field Office of the 
California Desert District, California. You must follow these rules:
    Sec. 1 When must visitors pay the special recreation permit fees?
    You must pay the special recreation permit fees immediately upon 
arrival.
    Sec. 2 How must permits be displayed?
    Any primary vehicle while on public lands within the Planning Area 
Boundary or the recreation area must display a weekly or seasonal 
permit for the areas described above.
    Sec. 3 What are the penalties for violations of these rules?
    Under section 303(a) of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1733(a)) and 43 CFR 8360.0-7 if you violate any of 
these final rules on public lands within the boundaries established in 
the rules, you may be tried before a United States Magistrate and fined 
no more than $1000 or imprisoned for no more than 12 months, or both. 
Such violations may also be subject to the enhanced fines provided for 
by 18 U.S.C. 3571.

    Dated: June 7, 2004.
Mike Pool,
California State Director.
[FR Doc. 04-21261 Filed 9-21-04; 8:45 am]
BILLING CODE 4310-40-P