[Federal Register: June 16, 2003 (Volume 68, Number 115)]
[Notices]
[Page 35693-35696]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jn03-99]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[AZ-070-07-1230-00: 8371]
Proposed Supplementary Rules for the BLM-Managed Shoreline of
Lake Havasu, the Parker Strip Recreation Area, and the Craggy Wash
Area, in Mohave and La Paz Counties, AZ and in San Bernardino County,
CA
AGENCY: Lake Havasu Field Office, Bureau of Land Management (BLM),
Interior.
ACTION: Notice.
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SUMMARY: This notice contains proposed revised supplementary rules for
the BLM-managed shoreline of Lake Havasu, a manmade lake on the
Colorado River located in Arizona and California, including the boat-
access campsites; revised supplementary rules for the Parker Strip
Recreation Area, located along the Colorado River downstream from Lake
Havasu; and new supplementary rules for the Craggy Wash area, located
north of the Lake Havasu City Municipal Airport (AZ). These
supplementary rules are part of the implementation of the ongoing
management of the Lake Havasu Shoreline Program. The revised
supplementary rules would replace existing rules for the Parker Strip
Recreation Area and for the Crossroads and Empire Landing Campgrounds.
Heavy visitation during the fall, winter and spring makes new
supplementary rules for Craggy Wash necessary. The supplementary rules
will help reduce conflicts among a wide variety of multiple users.
DATES: You should submit your comments by July 16, 2003. In developing
final supplementary rules, BLM may not consider comments postmarked or
received in person or by electronic mail after this date.
FOR FURTHER INFORMATION CONTACT: Mike Henderson, Assistant Field
Manager, or Bryan Pittman, Field Staff Law Enforcement Ranger, Bureau
of Land Management, Lake Havasu Field Office, 2610 Sweetwater Avenue,
Lake Havasu City, Arizona 86406, telephone (928) 505-1200.
SUPPLEMENTARY INFORMATION:
I. Comment Procedure
II. Background
III. Discussion of Supplementary Rules
IV. Procedural Matters
I. Comment Procedure
A. How Do I Comment on the Proposed Supplementary Rules?
If you wish to comment, you may submit your comments by any one of
several methods.
You may mail comments to Lake Havasu Field Office, 2610 Sweetwater
Avenue, Lake Havasu City, Arizona 86406.
You may deliver comments to Lake Havasu Field Office, 2610
Sweetwater Avenue, Lake Havasu City, Arizona 86406.
You may comment via email to lhfo_az@blm.gov. If you do not
receive a confirmation that we have received your electronic message,
contact us directly at (928) 505-1200.
Please submit your comments on issues related to the proposed
supplementary rules, in writing or in email, according to the section
above. Comments on the proposed supplementary rules should be specific,
should be confined to issues pertinent to the proposed supplementary
rules, and should explain the reason for any change you recommend.
Where 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 rule comments that BLM receives or comments
delivered to an address other than those listed above.
B. May I Review Comments Submitted by Others?
Comments, including names and street addresses of respondents, will
be available for public review at the address listed, by mail or
personal delivery, during regular business hours (8 a.m. to 4:30 p.m.),
Monday through Friday, except Federal holidays.
Individual respondents may request confidentiality, which we will
honor to the extent allowable by law. If you wish to withhold your name
or address, except for the city or town, you must state this
prominently at the beginning of your comment. We will make all
submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available to public inspection in their entirety.
[[Page 35694]]
II. Background
The supplementary rules for the Lake Havasu Shoreline areas are
part of the ongoing management of the Lake Havasu Shoreline Program.
The program, initiated in 1997, manages the shoreline riparian area. It
includes the pre-existing shoreline campsites as Federal fee recreation
sites under the authorities described in 36 CFR part 71. The sites had
been developed as designated fee sites by the Arizona State Parks
Department while these lands were under a lease administered by the
Bureau of Land Management. The lease was voluntarily terminated,
leaving the sites to return to the jurisdiction of BLM.
The primary purpose of the Lake Havasu Shoreline Program is to
provide areas for boating, camping and day use. The recreation sites,
designated as camp or day use sites, are in most cases the traditional
use areas of boat camping visitors. Arizona State Parks selected
designated sites using criteria based on visitor use patterns,
availability of shoreline access, and a need to establish sanitation
facilities along heavily used shoreline areas. This program was
established to accommodate the increasing demand for boat accessible
site safety and property, to provide natural resource protection
through improved management of the camping use and the riparian area.
The designation of fee campsites assures that specific locations are
available for such use year after year.
The Parker Strip Recreation Area is a heavily used area that
contains campgrounds, day use areas, boat ramps, picnic areas,
concession operated resorts, and a National Backcountry Byway.
Authority for the designation of fee campsites is contained in Title
43, Code of Federal Regulations, Part 8360, Subpart 8365, Sections 2
and 2-3. Authority for the payment of fees is in 36 CFR, Subpart 71.
Authority for including this program in the Fee Demonstration Pilot
Program was contained in the Omnibus Budget Reconciliation Act of 1993
(Public Law 103-66) and the FY 1996 Appropriations Act (Public Law 104-
134).
The Craggy Wash area is located north of the Lake Havasu City
Municipal Airport and east of State Route 95. It is a heavily used
dispersed camping area during the cooler part of the year. The area is
also frequented by target shooters, off road vehicle operators,
sightseers, bicyclists and hikers. More than 300 people may be present
at the same time on frequent occasions.
III. Discussion of Supplementary Rules
The proposed supplementary rules for Lake Havasu Shoreline would
supersede Rules for Lake Havasu Shoreline, published on May 21, 1998
(63 FR 27995). The shoreline supplementary rules would apply to the
BLM-managed lands located within 1,000 linear feet of the high water
mark (450 foot elevation line) of Lake Havasu, located in Mohave and La
Paz counties, Arizona and in San Bernardino County, California. These
rules also apply to the portions of Lake Havasu located within 500
linear feet of designated campsites, day use sites, boat ramps, fishing
docks, boat docks and swimming beaches. Included in this are the
following currently designated campsites listed generally from North to
South:
Bluebird 1, 2
Wren Cove 1,2,3
Mallard Cove 1,2,3,4,5,6
Teal Point 1,2
Widgeon Key 1,2,4
Road Runner 2,3,4
Solitude Cove
Balance Rock Cove
Friendly Island 1,2,3,4
Goose Bay 1,2
Pilot Rock 1,2,3
Steamboat Cove 1,2,3,4
Buzzard Cove
Eagle Cove
Eagle Point
Ewe Camp
Rachel's Camp
Burned Camp
Linda's Camp
Sand Isle 1,2,3,4
Standard Wash 1,2,3,4,5,6
Echo Cove 1,2,3,4
Coyote Cove 1,2
BLM 1,2
Whyte's Retreat 1,2
Rocky Landing 1,2,3,4
Satellite Cove 1,2,3
Hum Hum Cove 1,2
Cove of the Little Foxes
Disneyland 1,2,3,4
Gnat Keys 1,2,3,4
Hi Isle 2,4,5,6,7,8,10,11,12,14,15
Big Horn 1,3,4
Bass Bay 1,2
Larned Landing 1,2,3,4,5
Bill Williams 1,2,3,4,5
The proposed supplementary rules for the Parker Strip Recreation
Area would supercede Rules for Parker Strip Recreation Area, published
on October 12, 1995 (60 FR 53194), and rules for Empire Landing and
Crossroads Campgrounds, published on May 18, 1998 (63 FR 27316). The
Parker Strip rules apply to the Parker Strip Recreation Area, which is
defined as follows:
Gila and Salt River Meridian, Arizona
T11N, R18W, Sec. 15, 16, 22, 28 and 34.
T10N, R18W, Sec. 5 (W\1/2\, NW\1/4\, SW\1/4\), Sec. 6, Sec. 7, Lots
1-4, (NE\1/4\, N\1/2\, SE\1/4\, SW\1/4\, SE\1/4\), Sec. 18 (Lot 1,
NW\1/4\, NE\1/4\).
T10N, R19W, Sec. 12, Sec. 13 (N\1/2\, N\1/2\ N\1/2\, SW\1/4\, NE\1/
4\, NW\1/4\, SE\1/4\, NE\1/4\, N\1/2\, SE\1/4\, NW\1/4\, SW\1/4\,
NW\1/4\, W\1/2\, SW\1/4\), Sec. 14, 22 and 23. Section 24 (W\1/2\,
NW\1/4\).
San Bernardino Meridian, California
T2N, R27E, all.
T2N, R26E, Sec. 1, 11-15, 21-27 and 34-36.
T1N, R26E, Sec. 2,3, 10 and 11.
The proposed supplementary rules for Craggy Wash dispersed camping
area would be new, made necessary by heavy visitation during the fall,
winter and spring. The Craggy Wash area is defined as public lands
located with the following legal description.
T14N, R20W, sec. 4 (N\1/2\), sec. 3 (N\1/2\), sec. 2 (N\1/2\).
T15N, R20W, sec. 33, 34, 35, 36.
BLM has developed the shoreline, Parker Strip, and Craggy Wash
supplementary rules to manage continued multiple use of the sites.
These rules will be available in the Lake Havasu Field Office and BLM
will post them at the sites affected. Most of the shoreline
supplementary rules that follow were first published in 1998. We have
expanded the area of applicability to include all of the BLM-managed
shoreline of Lake Havasu in Arizona and California. The previous
supplementary rules applicable to the lake shoreline were limited to
the areas in the vicinity of the shoreline campsites. The term
``recreation site'' includes any developed campsite or day use site or
similar recreational development. The supplementary rules that follow
also apply to the surface of Lake Havasu located within 500 linear feet
of designated campsites. Acts occurring in that portion of the lake
have a direct impact on, and connection with, public safety and
resource protection of the campsite areas.
IV. Procedural Matters
The principal author of these supplementary rules is Bryan Pittman,
Field Staff Law Enforcement Ranger, BLM Lake Havasu Field Office.
Regulatory Planning and Review (E.O. 12866)
These supplementary rules are not significant and are not subject
to review by the Office of Management and Budget under Executive Order
12866.
(1) These 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
[[Page 35695]]
safety, or state, local, or tribal governments or communities.
(2) These supplementary rules will not create a serious
inconsistency or otherwise interfere with an action taken or planned by
another agency.
(3) These supplementary rules do not alter the budgetary effects or
entitlements, grants, user fees, or loan programs or the rights or
obligations of their recipients.
(4) These supplementary rules do not raise novel legal or policy
issues.
The supplementary rules will not affect legal commercial activity,
but merely contain rules of conduct for public use of a limited
selection of public lands.
Regulatory Flexibility Act
The Department of the Interior certifies that these supplementary
rules will not have a significant economic effect on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.). The supplementary rules will not affect legal commercial
activity, but will govern conduct for public use of a limited selection
of public lands.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
These supplementary rules do not constitute a major rule under 5
U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act.
These supplementary rules:
Do not have an annual effect on the economy of $100 million or
more. (See the discussion under Regulatory Planning and Review, above.)
Will not cause a major increase in costs or prices for consumers,
individual industries, Federal, State, or local government agencies, or
geographic regions. See the discussion above under Regulatory
Flexibility Act.
Do not have significant adverse effects on competition, employment,
investment, productivity, innovation, or the ability of U.S.-based
enterprises to compete with foreign-based enterprises.
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. The supplementary rules do not have a
significant or unique effect on state, local, or tribal governments or
the private sector. The supplementary rules have no effect on
governmental or tribal entities. A statement containing the information
required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is
not required.
Takings (E.O. 12630)
In accordance with Executive Order 12630, the supplementary rules
do not have significant takings implications. The enforcement provision
in the proposed supplementary rules does not include any language
requiring or authorizing forfeiture of personal property or any
property rights. E.O. 12630 addresses concerns based on the Fifth
Amendment dealing with private property taken for public use without
compensation. The land covered by the supplementary rules is public
land managed by the Bureau of Land Management; therefore no private
property is affected. A takings implications assessment is not
required.
Federalism (E.O. 13132)
In accordance with Executive Order 13132, BLM finds that the
proposed supplementary rules do not have sufficient federalism
implications to warrant the preparation of a federalism summary impact
statement. The supplementary rules do not have substantial direct
effects 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
supplementary rules do not preempt state law.
Civil Justice Reform (E.O. 12988)
In accordance with Executive Order 12988, the Office of the
Solicitor has determined that these supplementary rules do not unduly
burden the judicial system and meet the requirements of sections 3(a)
and 3(b)(2) of the Order.
Consultation and Coordination With Indian Tribal Governments (E.O.
13175)
In accordance with Executive Order 13175, we have found that this
final rule would not include policies that have tribal implications.
The supplementary rules would not affect lands held for the benefit of
Indians, Aleuts, or Eskimos.
Paperwork Reduction Act
These supplementary rules do not contain information collection
requirements that the Office of Management and Budget must approve
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
National Environmental Policy Act
These supplementary rules do not constitute a major Federal action
significantly affecting the quality of the human environment. A
detailed statement under the National Environmental Policy Act of 1969
is not required.
Clarity of This Regulation
Executive Order 12866 requires each agency to write regulations
that are 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) Does the supplementary rules contain technical language or
jargon that interferes with its clarity?
(3) Does the format of the supplementary rules (grouping and order
of sections, use of headings, paragraphing, etc.) aid or reduce its
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 rules? What else could we do to make the
supplementary rules easier to understand?
If you have any comments on how we could make these supplementary
rules easier to understand, in addition to sending the original to the
address shown above, please send a copy to: Office of Regulatory
Affairs, Department of the Interior, Room 7229, 1849 C Street NW.,
Washington, DC 20240. You may also e-mail the comments to this address:
Execsec@ios.doi.gov. Under the authority of 43 U.S.C. 1733a and 43 CFR 8360.0-7, BLM
proposes the following supplementary rules.
Dated: May 19, 2003.
Elaine Y. Zielinski,
State Director, Bureau of Land Management, Arizona.
Supplementary Rules for Lake Havasu Shoreline Area
1. You must purchase a permit in order to use a designated
recreation site, including occupying a site for any use exceeding 20
minutes.
2. You must not moor any watercraft or floating platform at a
recreation site or offshore in the vicinity or cove of any such site
for more than 20 minutes without purchasing a permit. The fee for a use
permit will be in accordance with the fee schedule, requirements, and
procedures that BLM established under the Recreation Fee Demonstration
Pilot Program, and are payable in U.S. funds only.
3. You must present the appropriate use permit upon demand to any
authorized BLM official inspecting the site. If you are away from the
campsite,
[[Page 35696]]
the permit must be visibly displayed in accordance with posted
instructions, or in the manner directed by a BLM official.
4. You must not reassign or transfer your permit to another
individual or group and/or campsite(s).
5. Any authorized BLM official may revoke your permit, without
reimbursement, if you violate any BLM rule or regulation. If BLM
revokes your permit, you must remove all personal property and leave
the recreation site within one hour of notice.
6. A recreation site is considered occupied after you have paid the
appropriate permit fee, you have taken possession of the site by
placing personal property at the site, and the permit is displayed in
accordance with written instructions or as directed by a BLM official.
You must not occupy a site in violation of instructions from a BLM
official, or when there is reason to believe that the unit is properly
occupied by another person or persons.
7. Except for authorized Federal, state or local personnel, during
the commission of their duties, a permitted site cannot be occupied by
other visitors without the consent of the permittee.
8. You must not occupy a site designated as ``day use'' between
sunset and sunrise.
9. A single vessel and its occupants may not occupy more than one
site.
10. During the hours of 10 p.m. to 6 a.m., in accordance with
applicable state time zone standards, you must maintain quiet within
normal hearing range of the designated recreation sites.
11. You must not cut or collect any firewood, including dead and
down wood and all other vegetative material.
12. You must not moor vessels to vegetation, signs, shade ramadas,
tables, grills or fire rings, toilets, trash receptacles, or other
objects or structures not designed for such use.
13. You must not beach or moor a vessel in excess of posted time
limits.
14. You must not discharge or use firearms or projectile weapons
inside or within a half mile of any occupied recreation site.
15. You must not discharge or possess any fireworks.
16. You must keep the site free of litter and trash during the
period of occupancy. You must remove all personal property, and the
site must be clean, upon your departure.
17. You must keep pets on a leash no longer than six (6) feet.
18. You must not leave pets unattended, and you must remove pet
waste from the site or dispose of it in available trash receptacles.
19. You must not violate any provisions of boating laws as
described in Title 5, Chapter 3, of the Arizona Revised Statutes or in
the California Harbors and Navigation Code (as applicable).
20. Possession of alcoholic beverages by a person under the age of
21 years is prohibited.
21. Consumption of alcoholic beverages by a person under the age of
21 years is prohibited in the portions of the affected area that are
located within Arizona.
22. You must not possess glass beverage containers on land or in
the water. You may possess glass beverage containers only within the
confines of a vessel.
23. Reserving recreation sites in any manner, including leaving
personal property unattended overnight, is prohibited.
24. Recreation sites used for camping activities must be occupied
overnight by the permittee.
25. You must not leave personal property unattended for more than
24 hours. Personal property left unattended beyond such time limit is
subject to disposition under the Federal Property and Administration
Services Act of 1949, as amended (40 U.S.C. 484(m)).
Supplementary Rules for the Parker Strip Recreation Area
Rules number 1, 3, 4, 5, 6, 7, 8, 15, 16, 20, 21, 23, 24 and 25 of
the Lake Havasu Shoreline Supplementary Rules also apply to the Parker
Strip Recreation Area. In addition, the following rules apply to the
Parker Strip Recreation Area.
26. You must not park or operate vehicles in violation of posted
restrictions.
27. Except in designated OHV Open areas, you must operate vehicles
only on maintained roads and routes.
28. Vehicles operated between Parker Dam Road and the Colorado
River in California must be legal for highway operation. You may
operate non-highway legal golf carts in this area only within
concession resorts and facilities, and within BLM-managed campgrounds.
29. Within one-half mile of Parker Dam Road, you may camp only in
designated campsites.
30. Disorderly conduct is prohibited.
31. You must not discharge or use firearms in California within one
mile of Parker Dam Road. In Arizona, you must not discharge or use
firearms within the Parker Strip Recreation Area.
32. In BLM-managed campgrounds, no more than eight persons may
occupy a single campsite.
Supplementary Rules for Craggy Wash
From October 1 through April 30 of each year, the following
supplementary rules are in effect:
1. You must maintain your campsite free of trash and litter.
2. You must not discharge a firearm for the purpose of target
practice or plinking. You may engage in legitimate hunting activities.
3. You must not operate a motor vehicle at a speed greater than 15
mph.
4. You must maintain quiet within hearing range of any other person
or camp unit between 10 p.m. and 6 a.m. You must not operate a
generator during these hours.
5. You must not collect firewood, including any dead and down wood,
or any other vegetative material.
6. You must restrain a pet with a leash not longer than six (6)
feet.
7. You must not leave a pet unattended.
8. You must not possess or discharge fireworks.
9. You must not leave personal property unattended for more than 24
hours.
Penalties
The authority for these supplementary rules is provided in 43 CFR
8365.1-6. Persons who violate these rules are subject to arrest, and
upon conviction may be fined up to $100,000 and/or imprisoned for not
more than 12 months, as amended by 18 U.S.C. 3571 and 18 U.S.C. 3581.
[FR Doc. 03-15053 Filed 6-13-03; 8:45 am]
BILLING CODE 4310-32-P