[Federal Register Volume 70, Number 153 (Wednesday, August 10, 2005)]
[Notices]
[Pages 46538-46541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15815]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[ID-111-05-1220-EB-ID33]


Cove Recreation Site Use Fees and Supplementary Rules

AGENCY: Bureau of Land Management, Boise District, Idaho.

ACTION: Establishment of use fees and proposal of supplementary rules 
at Cove Recreation Site, Owyhee County, Idaho.

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SUMMARY: The Bureau of Land Management is establishing use fees for the 
Cove Recreation Site in Birds of Prey National Conservation Area, and 
proposing supplementary rules at Cove Recreation Site for public use of 
the campground and day use areas. The fees are authorized by law, and 
the supplementary rules are necessary for human health and safety and 
to protect the natural resources of the site.

DATES: The use fees for Cove Recreation site will be effective 
beginning February 6, 2006. You should submit your written comments on 
the proposed supplementary rules by September 9, 2005. BLM may not 
necessarily consider or include in the Administrative Record for the 
final supplementary rules comments that are received after the close of 
the comment period (see DATES) or comments delivered to an address 
other than those listed under ADDRESSES.

ADDRESSES:
    (1) You may mail comments on the proposed supplementary rules to 
Bureau of Land Management, Four Rivers Field Office, 3948 Development 
Avenue, Boise, Idaho 83705; (2) You may hand deliver comments to the 
Bureau of Land Management, at the same address.

FOR FURTHER INFORMATION CONTACT: Larry Ridenhour, Outdoor Recreation 
Planner, Bureau of Land Management, Four Rivers Field Office, 3948 
Development Avenue, Boise, Idaho 83705 (208) 384-3300.

SUPPLEMENTARY INFORMATION:
I. Procedures for Submitting Comments
II. Background
III. Procedural Matters
IV. Recreation Site Fees and Proposed Supplementary Rules

I. Procedures for Submitting Comments

    Comments on the proposed supplementary rules should be specific, 
should be confined to issues pertinent to the proposals, and should 
explain the reason for any recommended change. Where possible, your 
comments should reference the specific section or paragraph of the 
proposed supplementary rules that you are addressing.
    BLM will have all comments, including names and addresses, 
available for public review at the Four Rivers Field Office office in 
Boise, ID, during regular business hours (8 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

    Cove Recreation Site is a 29-unit campground and day-use site 
located along C.J. Strike Reservoir, about 35 miles southwest of 
Mountain Home in southwestern Idaho.
    Pursuant to the Federal Lands Recreation Enhancement Act of 2004, a 
fee per vehicle will be charged for day use and a fee per campsite will 
be charged for overnight use at Cove Recreation Site. BLM will charge

[[Page 46539]]

separate fees for day use, primitive overnight use, and recreational 
vehicle (RV) camping. These fees will be posted at the site, and at the 
Web site, http://www.birdsofprey.blm.gov, and at the Four Rivers Field 
Office in Boise, ID. Fees must be paid at the self-service pay stations 
located in the campground and day use areas. Checkout time for 
overnight users is 2 p.m. People holding Golden Age or Golden Access 
Passports will be entitled to a 50-percent fee reduction.

III. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These proposed 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 proposed 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 proposed 
supplementary rules will not create a serious inconsistency or 
otherwise interfere with an action taken or planned by another agency. 
These proposed 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. They merely impose rules of conduct and impose other 
limitations on certain recreational activities at a recreation site on 
the Birds of Prey National Conservation Area to protect natural 
resources and human health and safety.
    Fees have not been charged at this campground in the past. While 
this represents a change from past free use of the site, it will not be 
a major change in the context of the Executive Order; that is, the fees 
will not have an effect on the economy of $100 million per year. 
Information concerning the proposed new fees has been available on the 
BLM Web site, is posted on site, has been written up in local 
newspapers, and has been spread through word of mouth from on-site camp 
hosts and local users. These efforts will continue following notice 
publication with additional press releases to local news media.

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 proposed supplementary rules easier to understand, 
including answers to questions such as the following: (1) Are the 
requirements in the proposed supplementary rules clearly stated? (2) Do 
the proposed supplementary rules contain technical language or jargon 
that interferes with their clarity? (3) Does the format of the proposed 
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 discussion of the proposed 
supplementary rules in the SUPPLEMENTARY INFORMATION section of this 
preamble helpful to your understanding of the proposed supplementary 
rules? How could this material be more helpful in making the proposed 
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.

National Environmental Policy Act

    BLM has prepared an Environmental Assessment (No. ID-090-03-022) 
(EA) for reconstruction of the Cove Recreation Site. These proposed 
supplementary rules are designed to mitigate potential user-related 
issues discussed in the environmental assessment. While the EA does not 
include or analyze specific language for the proposed rules, it does 
inform the public that rules for use of the area would be developed to 
reduce user conflicts and protect important resources and values.
    The EA states that, because of heavy historical use of the site, 
the ground surface surrounding the structures on the site is disturbed 
and highly compacted from unrestricted vehicle traffic. Off-road 
vehicle (ORV) use is widespread throughout the area. BLM has noted an 
increasing network of trails throughout the NCA. As a result, erosion 
is a concern in several heavily used areas, including the Cove 
Recreation Site, particularly on the east side of the inlet. The 
potential impacts to vegetation, water quality, and public health as a 
result of overuse of this site are a concern. Uncontrolled ORV activity 
damages existing habitats, disturbs wildlife within the area (including 
raptors) and can adversely impact other recreational uses.
    The proposed supplementary rules are designed to mitigate these 
specific issues addressed in the EA, including:
    1. Off-road vehicle impacts to soils and vegetation,
    2. User conflicts (noise, pets, weapons, vehicle speeding, etc.), 
and
    3. Human-caused wildfires.
    BLM has found that the proposed supplementary rules would not 
constitute a major Federal action significantly affecting the quality 
of the human environment under section 102(2)(C) of the Environmental 
Protection Act of 1969 (NEPA), 42 U.S.C. 4332(2)(C). The EA is 
available for review in the BLM Administrative Record at 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. These proposed supplementary 
rules should have no effect on business entities of whatever size. They 
merely would impose reasonable restrictions on certain recreational 
activities on the National Conservation Area to protect natural 
resources and the environment, and human health and safety.
    To determine an appropriate fee structure, we interviewed managers 
of local and regional recreational facilities, including Bruneau Dunes 
State Park, Three Island State Park, and Black Sands Resort, a small 
business, to ascertain what they currently charged for picnicking, day 
use, tent camping, RV camping with and without hook-ups, etc. As part 
of this process, we assured the owner of Black Sands Resort (located 1/
2 mile west of Cove Rec. Site) that the fees for Cove Rec. Site would 
be set so as not to undercut the fees being charged at Black Sands 
Resort for the same services. In addition, the proposed fees are 
consistent with fees being charged for the same services at other 
public facilities, including the above-mentioned Bruneau Dunes and 
Three Island State Parks.
    Therefore, BLM has determined under the RFA that these proposed 
supplementary rules would not have a significant economic impact on a 
substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    These proposed supplementary rules are not a ``major rule'' as 
defined at 5 U.S.C. 804(2). They would not result in an effect on the 
economy of $100

[[Page 46540]]

million or more, in an increase in costs or prices, or in significant 
adverse effects on competition, employment, investment, productivity, 
innovation, or on the ability of United States-based enterprises to 
compete with foreign-based enterprises in domestic and export markets. 
They would merely impose reasonable restrictions on certain 
recreational activities at one recreation site on the National 
Conservation Area to protect natural resources and the environment, and 
human health and safety. The user fees imposed at the site will not 
unfairly compete with local small businesses.

Unfunded Mandates Reform Act

    These proposed 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 proposed supplementary 
rules have a significant or unique effect on State, local, or tribal 
governments or the private sector. They would merely impose reasonable 
restrictions on certain recreational activities at one recreation site 
on the National Conservation Area to protect natural resources and the 
environment, and human health and safety. As for the fees to be 
imposed, BLM has coordinated with all local, State, and Federal 
agencies before establishing a new fee structure at the site. 
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 proposed supplementary rules do not represent a government 
action capable of interfering with constitutionally protected property 
rights. The proposed supplementary rules would have no effect on 
private lands or property. Therefore, the Department of the Interior 
has determined that the rule would not cause a taking of private 
property or require preparation of a takings assessment under this 
Executive Order.

Executive Order 13132, Federalism

    The proposed supplementary rules would 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 proposed 
supplementary rules would have no effect on State or local government, 
and specifically exempt State and local government law enforcement and 
emergency personnel and activities from the effect of the supplementary 
rules. As for the recreation site fees to be imposed, BLM has 
coordinated with all local, State, and Federal agencies, consulting 
with managers of local and regional recreational facilities, including 
Bruneau Dunes State Park and Three Island State Park, before proposing 
a new fee structure at the site. Therefore, in accordance with 
Executive Order 13132, BLM has determined that these proposed 
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 determined 
that these proposed supplementary rules would not unduly burden the 
judicial system and that they meet the requirements of sections 3(a) 
and 3(b)(2) of the Order.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    Coordination and consultation as to development of the Cove 
Recreation Site and the establishment of new fees has included contact 
with the following Tribal entities: Shoshone Bannock Tribes and 
Shoshone Paiute Tribes. As a result of the consultation and 
coordination, in accordance with Executive Order 13175, we have found 
that these proposed supplementary rules for the recreation site do not 
include policies that have Tribal implications.

Paperwork Reduction Act

    These proposed 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 proposed supplementary rules is Larry 
Ridenhour, Outdoor Recreation Planner, Four Rivers Field Office, Bureau 
of Land Management.

IV. Recreation Site Fees and Proposed Supplementary Rules

    Recreation site fees for the Cove Recreation Site will go into 
effect on February 6, 2006. The fee schedules will be posted at the 
site, in the Four Rivers Field Office, and on the Internet at http://www.birdsofprey.blm.gov.
    In addition to the recreation site fees, the following 
supplementary rules are established for the campground and day-use 
areas:

1. Rules

    a. Fees must be paid within one hour of arrival to the recreation 
site or campground.
    b. Fees for overnight camping will permit two vehicles per numbered 
campsite. Additional vehicles will be charged an extra fee per day.
    c. Camping is permitted at developed (numbered) sites only.
    d. Motorized vehicles must remain on constructed roadways, must 
park at designated sites only, and may not obstruct traffic flow.
    e. Cross-country vehicle travel is not allowed.
    f. Vehicles and camping gear may not be left unattended in the 
recreation site for longer than 24 hours.
    g. Quiet hours are established from 10 p.m. to 6 a.m. No loud 
talking, loud music, barking dogs, operation of generators, or other 
disturbing activities are permitted in the campground during these 
hours.
    h. Campfires are permitted in developed fire grills only.
    i. No firewood may be cut or broken from standing live or dead 
vegetation.
    j. Maximum length of stay in the campground is 14 consecutive days.
    k. Pets must be kept on a leash within the recreation site, and 
camping and day use areas must be kept free of pet waste.
    l. Firearms, bows and arrows, other weapons, air rifles, paintball 
equipment, and pistols may not be discharged in the campground or day-
use areas.
    m. The use of fireworks is prohibited within Cove Recreation Site.
    n. Drivers must obey the posted speed limits within the Cove 
Recreation Site.

2. Exceptions

    Federal, State, and local law enforcement officers, government 
employees, and BLM volunteers are exempt from these supplementary rules 
in the course of their official duties. Limitations on the use of 
motorized vehicles do not apply to emergency vehicles, fire suppression 
and rescue vehicles, law enforcement vehicles, and other vehicles 
performing official duties, or as approved by an authorized officer of 
BLM.

3. Authority

    These rules are established under the authority contained in 43 CFR 
8365.1-6. Violations of these rules are punishable by a fine not to 
exceed $1,000 and/or imprisonment not to exceed 12 months (43 CFR 
8360.0-7), or

[[Page 46541]]

the enhanced penalties established in 18 U.S.C. 3571.

    Dated: June 22, 2005.
Rosemary Thomas,
Four Rivers Field Office Manager.
[FR Doc. 05-15815 Filed 8-9-05; 8:45 am]
BILLING CODE 4310-GG-P