[Federal Register Volume 87, Number 4 (Thursday, January 6, 2022)]
[Rules and Regulations]
[Pages 732-735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00025]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 8365

[212.LLAZA01000.L1220000.DD0000]


Final Supplementary Rule for Public Lands at Virgin River Canyon 
Recreation Area in Mohave County, Arizona

AGENCY: Bureau of Land Management, Interior.

ACTION: Final supplementary rule.

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SUMMARY: The Bureau of Land Management (BLM) is finalizing a 
supplementary rule to reinstate a 14-day camping limit at the Virgin 
River Canyon Recreation Area within the Arizona Strip Field Office, 
Arizona Strip District, Mohave County, Arizona. The supplementary rule 
is needed to protect public health and safety, reduce user conflicts 
within the designated

[[Page 733]]

recreation area, and protect the area's natural resources.

DATES: The final supplementary rule is effective February 7, 2022.

ADDRESSES: You may submit inquiries by any of the following methods:
    Mail: BLM Arizona Strip Field Office, 345 East Riverside Drive, St. 
George, UT 84790. Attention: Amanda Sparks.
    Email: [email protected].

FOR FURTHER INFORMATION CONTACT: Amanda Sparks, Assistant Field 
Manager, Arizona Strip Field Office, at 435-688-3271 or by email at 
BLM_AZ_ASDO [email protected]. Persons who use a telecommunications 
device for the deaf (TDD) may call the Federal Relay Service (FRS) at 
1-800-877-8339 to contact the above individual. The FRS is available 24 
hours a day, seven days a week, to leave a message or question with the 
above individual. You will receive a reply during normal business 
hours.

SUPPLEMENTARY INFORMATION:

I. Background Information

    The supplementary rule is needed because an increasing number of 
users of the Virgin River Canyon Recreation Area have established long-
term residency under the pretext of recreational camping. The 
proliferation of residential use interferes with legitimate 
recreational use of public lands and creates other health and safety 
concerns including hygiene and sanitation issues (e.g., no access to 
showers or waste dump stations, accumulation of miscellaneous items, 
and the occasional long-term presence of dogs and their associated 
waste). The supplementary rule will provide more recreational 
opportunities for the public and reduce damage to natural resources 
that occur from trash dumping, accumulation or abandonment of equipment 
or vehicles, loss of vegetation, and contamination of nearby waters.
    Efforts to contain the problems associated with long-term occupancy 
without imposing a 14-day stay have proven insufficient and concerns 
with public health and safety have intensified. Establishment of this 
supplementary rule will: (1) Provide more opportunities for the 
recreating public to utilize the campground facilities and access the 
surrounding area; (2) create consistent camping limitations across the 
Arizona Strip Field Office; (3) allow for management of the site for 
recreational purposes while preserving the health and safety of 
visitors; and (4) enable law enforcement personnel to cite persons for 
unlawful camping and use of public land for residential purposes, 
thereby increasing campsite availability to the recreating public.
    This supplementary rule is consistent with the Arizona Strip Field 
Office Resource Management Plan (RMP), approved by the BLM (January 29, 
2008). The BLM analyzed the proposed change in an environmental 
assessment (EA) (DOI-BLM-AZ-A010-2018-0030-EA) and issued a Finding of 
No Significant Impact (FONSI) and Decision Record on February 6, 2019.
    The BLM is establishing this supplementary rule under the authority 
of 43 CFR 8365.1-6, which allows BLM State Directors to establish 
supplementary rules for ``the protection of persons, property, and 
public lands and resources.'' This provision allows the BLM to issue 
rules of less than national effect by publishing the rule in the 
Federal Register without codifying it in the Code of Federal 
Regulations. This final supplementary rule applies to public lands at 
the Virgin River Canyon Recreation Area within sections 14 & 15 of 
Township 41 North, Range 14 West of the Gila and Salt River Meridian. 
You may contact the Arizona Strip Field Office (see ADDRESSES) for maps 
of the management area and boundary or to review the notice.

II. Discussion on Public Comment and Final Supplementary Rule

    On March 31, 1994, the BLM Arizona State Office established 
supplementary rules for the Virgin River Canyon Recreation Area (59 FR 
15214). The 1994 camping and occupancy rule exempted the Virgin River 
Canyon Recreation Area from the Arizona Strip District's 14-day camping 
limit that prohibits camping longer than 14 consecutive days within a 
28-day period and requires campers to move at least 30 air miles from a 
previously occupied camping location. The 1994 supplementary rule 
therefore allowed for unlimited overnight stays within the Virgin River 
Canyon Recreation Area. This final supplementary rule will revise the 
1994 rule by reinstating the camping limit of 14 consecutive days 
within a 28-day period on public land within the Virgin River Canyon 
Recreation Area, making it consistent with all other public lands 
within the Arizona Strip Field Office area.
    No other changes to the 1994 supplementary rules will occur and 
they will continue to be enforced as described in the 1994 notice. The 
reinstatement of a camping limit will help the BLM maintain public 
access for recreational purposes, reduce conflicts among visitors, and 
preserve public health and safety.
    The BLM Arizona State Director proposed the supplementary rule in 
the Federal Register on June 15, 2021 (86 FR 31665). The notice 
announced a 60-day public comment period on the proposed supplementary 
rule to reinstate a 14-day camping limit within a 28-day period at the 
Virgin River Canyon Recreation Area within the Arizona Strip Field 
Office area, Arizona Strip District, Mohave County, Arizona. The BLM 
also published a news release announcing the comment period. The 
comment period ended on August 16, 2021. The BLM received five comments 
by email, all in support of the proposed rule.

III. Procedural Matters

Executive Order 12866 and 13563, Regulatory Planning and Review

    This supplementary rule is not a significant regulatory action and 
is not subject to review by the Office of Management and Budget under 
Executive Orders 12866 or 13563. The rule will not have an effect of 
$100 million or more on the economy. This rule establishes a duration 
for camping stays and does not adversely affect, in a material way, the 
economy, productivity, competition, jobs, environment, public health or 
safety, or state, local, or tribal governments or communities. This 
rule will not create a serious inconsistency or otherwise interfere 
with an action taken or planned by another agency. This rule does not 
alter the budgetary effects of entitlements, grants, user fees, or loan 
programs or the right or obligations of their recipients, nor does the 
rule raise novel legal or policy issues. This rule will enable law 
enforcement personnel to efficiently track occupancy and enforce 
regulations pertaining to unlawful occupancy in a manner consistent 
with current Arizona State and county laws, where appropriate on public 
lands.

National Environmental Policy Act

    The BLM prepared an EA and found that the supplementary rule does 
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 BLM completed the EA to analyze the effects of the change in the 
stay limit in the Virgin River Canyon Recreation Area. The Decision 
Record for this EA was signed on February 6, 2019. The BLM has placed 
the EA and the FONSI on file in the BLM

[[Page 734]]

Administrative Record at the Arizona Strip Field Office address 
specified in the ADDRESSES section.

Regulatory Flexibility Act (RFA)

    Congress enacted the Regulatory Flexibility Act of 1980, as 
amended, 5 U.S.C. 601, et seq., to ensure that Government regulations 
do not unnecessarily or disproportionately burden small entities. The 
RFA requires a regulatory flexibility analysis if a rule has a 
significant economic impact, either detrimental or beneficial, on a 
substantial number of small entities. This supplementary rule does not 
pertain specifically to commercial or governmental entities of any size 
but contains a rule to limit the duration of overnight camping on 
public lands within the Virgin River Canyon Recreation Area in the 
Arizona Strip Field Office area. Therefore, the BLM has determined, 
under the RFA, that this supplementary rule does not have a significant 
economic impact on a substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This supplementary rule does not constitute ``major rules'' as 
defined at 5 U.S.C. 804(2). The supplementary rule establishes a 14-day 
stay limit on overnight camping during a 28-day period and within 30 
air miles on lands within the Virgin River Canyon Recreation Area. The 
limitation is necessary to: (1) Provide more opportunities for the 
recreating public to utilize the campground facilities and access the 
surrounding area; (2) create consistent camping limitations across the 
Arizona Strip Field Office; (3) allow for management of the site for 
recreational purposes while preserving the health and safety of 
visitors; and (4) enable law enforcement personnel to cite persons for 
unlawful camping and use of public land for residential purposes. The 
supplementary rule will have no effect on business, commercial, or 
industrial use of the public lands.

Unfunded Mandates Reform Act

    This supplementary rule does not impose an unfunded mandate on 
state, local or Tribal governments or the private sector of more than 
$100 million per year, nor does the supplementary rule have a 
significant or unique effect on state, local or Tribal governments or 
the private sector. The supplementary rule does 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)

    This supplementary rule does not represent a government action 
capable of interfering with constitutionally protected property rights. 
The supplementary rule does not address property rights in any form and 
does not cause the impairment of anyone's property rights. Therefore, 
the BLM has determined that this supplementary rule does not cause a 
taking of private property or require further discussion of takings 
implications under this Executive Order.

Executive Order 13132, Federalism

    This supplementary rule will not have a substantial, direct effect 
on the states, on the relationship between the Federal government and 
the states or on the distribution of power and responsibilities among 
the various levels of government. The supplementary rule applies in 
only one state, Arizona, and does not address jurisdictional issues 
involving the Arizona state government. Therefore, in accordance with 
Executive Order 13132, the BLM has determined that the supplementary 
rule does not have sufficient Federalism implications to warrant 
preparation of a Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, the BLM has determined that this 
supplementary rule will not unduly burden the judicial system and that 
the rule 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, the BLM has found this 
supplementary rule does not include policies that have tribal 
implications and will have no bearing on trust lands or on lands for 
which title is held in fee status by Indian tribes or U.S. Government-
owned lands managed by the Bureau of Indian Affairs. Since this 
supplementary rule does not change BLM policy and does not involve 
Indian reservation lands or resources, the BLM has determined that the 
government-to-government relationships remain unaffected. The 
supplementary rule will only prohibit camping longer than 14 days in 
any 28-day period and within 30 air miles of the Virgin River Canyon 
Recreation Area on public lands managed by the BLM Arizona Strip Field 
Office.

Executive Order 13352, Facilitation of Cooperative Conservation

    Under Executive Order 13352, the Arizona State Office of the BLM 
has determined that this supplementary rule will not impede the 
facilitation of cooperative conservation. The supplementary rule will 
take appropriate account of and consider the interests of persons with 
ownership or other legally recognized interests in land or other 
natural resources, properly accommodate local participation in the 
Federal decision-making process and provide that the programs, projects 
and activities are consistent with protecting public health and safety.

Information Quality Act

    In developing this supplementary rule, the BLM did not conduct or 
use a study, experiment or survey requiring peer review under the 
Information Quality Act (Section 515 of Pub. L. 106-554).

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

    This supplementary rule does not constitute a ``significant energy 
action'' as defined in Executive Order 13211. The supplementary rule 
will not have an adverse effect on energy supplies, production, or 
consumption. The rule only addresses unauthorized occupancy on public 
lands and has no connection with energy policy.

Paperwork Reduction Act

    This supplementary rule does 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. 3501-3521.

Final Supplementary Rule

Author

    The principal author of this supplementary rule is Jon Jasper, 
Outdoor Recreation Planner, Arizona Strip Field Office, Bureau of Land 
Management.
    For the reasons stated in the preamble, and under the authority of 
43 CFR 8365.1-6 and 43 U.S.C. 1740, the Arizona State Director 
establishes the following supplementary rule for public lands managed 
by the BLM in Mohave County, Arizona, subject to the Arizona Strip 
Field Office Resource Management Plan, to read as follows:

[[Page 735]]

Definitions

    Camp means erecting a tent or shelter of natural or synthetic 
material; preparing a sleeping bag or other bedding material; parking a 
motor vehicle, motor home, or trailer; or mooring a vessel for the 
apparent purpose of overnight occupancy.

Prohibited Acts

    Unless otherwise authorized, the BLM will enforce the following 
rule on public lands within the Virgin River Canyon Recreation Area, 
within the Arizona Strip Field Office, Arizona Strip District, Arizona.

Camping and Occupancy

    1. You must not remain or camp within the Virgin River Canyon 
Recreation Area for more than 14 consecutive days in a 28-day period.
    2. After the 14th consecutive day, campers must move beyond a 30-
mile radius from the boundary of the Virgin River Canyon Recreation 
Area.

Exemptions

    The following persons are exempt from this rule: Any Federal, 
state, local, and/or military employee acting within the scope of his 
or her official duties; members of any organized rescue or firefighting 
force in performance of an official duty; and any person authorized, in 
writing, by the BLM authorized officer.

Penalties

    Any person who violates this rule may be tried before a United 
States Magistrate and fined in accordance with 18 U.S.C. 3571, 
imprisoned no more than 12 months under 43 U.S.C. 8365.1-7, or both. In 
accordance with 43 CFR 8365.1-7, State or local officials may also 
impose penalties for violations of Arizona law.

Raymond Suazo,
State Director, Arizona.
[FR Doc. 2022-00025 Filed 1-5-22; 8:45 am]
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